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Agenda 05/23/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 23, 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 MANAGER 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 MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 May 23, 2000 INVOCATION - Reverend Paul Jarrett, Naples Church of Christ PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. May 2, 2000 - Regular Agenda 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of May 20-26, 2000 as National Safe Boating Week. To be accepted by Past Commander William J. Reid, Naples Power Squadron 2) Proclamation proclaiming the week of June 4-10, 2000 as Collier County Homeownership Expansion Week. To be accepted by Ms. Christine Chesser, Chairman, Collier County Affordable Housing Commission 3) Proclamation proclaiming the month of May as Civility Month. 4) Proclamation proclaiming the week of May 21-27, 2000 as Fight Fraud in Florida Week. To be accepted by Mr. Craig Kiser, Deputy Comptroller, Mr. Robert Pappas, Regional Director and Mr. Michael Moore, Assistant General Counsel, State of Florida, Office of Comptroller, Department of Banking and Finance B. SERVICE AWARDS 1) Phyllis Human, Parks and Recreation - 5 Years 2) Harry Nevins, Inspection and Plan Review - 5 Years 3) Juan Molina, Jr., Security - 5 Years 4) Janet Hasso, Building Review - 5 Years 5) Bismar Naranjo, Parks and Recreation - 10 Years 6) Hans Schalt, PWED - 10 Years 7) Ernest Augustin, Road and Bridge- 10 Years 8) Raymond Smith, Pollution Control - 15 Years 9) Raymond Ognibene, Wastewater Collection - 15 Years 2 May 23, 2000 10) Kathryn Nell, County Attorney - 15 Years 11) William Lorenz, Natural Resources - 15 Years 12) Lazaro Blanco, Aquatic Plant Control - 20 Years C. PRESENTATIONS 1) Presentation by Robert Geroy, Chairman, of the Collier Mosquito Control District regarding survey to expand boundaries further into Golden Gate Estates. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item has been deleted. 2) Third amendment to the 1999 Tourism Agreement between Collier County and the Tourism Alliance of Collier County regarding advertising and promotion of the Marco Island Film Festival. 3) Approve Tourist Development Council funding for the Collier County Historical Society, Inc., regarding paying off a portion of the Wilkinson House over a three-year duration. 4) Approve Tourist Development Council funding for the Marco Island Historical Society, Inc. $13,900. 5) Approve Tourist Development Council funding for the Collier County Museums. 6) Approve the 2000 Tourism Agreement between Collier County and the Tourism Alliance of Collier County regarding advertising/promotion and special events. 7) Request by Joseph Sabatino for a waiver of application fees for a variance request in Naples Park. (Companion to V-2000-08) 8) Approval of budget amendment to cover permitting costs for 35 units to be built by the Collier County Housing Authority in Immokalee. 3 May 23, 2000 B. PUBLIC WORKS 1) Adopt a Resolution authorizing the acquisition of land by condemnation of traffic signal easements for the installation and maintenance of the County- wide Computerized Traffic System Signal Improvement Project (Phase 1). 2) Adopt a Resolution authorizing the acquisition by condemnation of non- exclusive, perpetual utility and temporary construction interests by easement for the construction of the thirty (30") inch parallel sewer force main along Immokalee Road and within Creekside Commerce Center, Project 73943. 3) Adopt a Resolution authorizing the acquisition of !and by condemnation of fee simple title interests for the construction of roadway improvements for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase 1). 4) Discussion relating to 111th Avenue North with respect to the Area Transportation Sub-Network. C. PUBLIC SERVICES 1) Presentation of Interim Progress Report from the Collier County Health Care Review Committee and Request for Time Extension for Submission of Final Report. 2) Request by Doug Schroeder representing the Cocohatchee Nature Center regarding revisions to the Parks and Recreation Five Year Capital Improvement Plan. D. SUPPORT SERVICES E. COUNTYMANAGER 4 May 23, 2000 F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 1) A Settlement Agreement and Mutual Release between the Board of County Commissioners and Naples Community Hospital. 9. COUNTY ATTORNEY'S REPORT Recommendation that the Board of County Commissioners approve a settlement of Soverign Construction Group, Inc. v. Collier County, Case No. 97-4128-CA DRM, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would receive $528,000 and all claims against the County would be dismissed with prejudice. Be Recommendation that the Board of County Commissioners authorize the Office of the County Attorney and the Risk Management Department to pursue any legal remedies that may be available against National Union Fire Insurance Company, American International Group, Inc. AIG Claims Services, Inc., or any other potentially responsible entities to recover damages incurred as a result of a refusal to honor a claim under the County's excess insurance policy. Request for direction from the Board of County Commissioners concerning a complaint filed with the Clerk to the Board alleging that the Champion Lakes RV PUD Ordinance No. 2000-21 is inconsistent with the County's Growth Management Plan. 10. BOARD OF COUNTY COMMISSIONERS A. This item has been deleted. B. Appointment of member to the Public Vehicle Advisory Committee. C. Appointment of member to the Golden Gate Beautification Advisory Committee. D. Resolutions regarding Commissioner Norris. (Commissioner Constantine and Commissioner Mac'Kie) 5 May 23, 2000 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-99-18(I), Robert Duane, AICP, of Hole, Montes & Associates, Inc., representing the Olde Cypress Development Corporation, requesting a rezone from "A" Rural Agricultural and "PUD" Planned Unit Development to "PUD" known as Olde Cypress PUD for the purpose of adding 9.3+ acres of land for a golf course driving range, and to revise the PUD to reflect changes brought on by the use of the added land and other changes to the PUD document relative to setback requirements, for property located on the north side of lmmokalee Road, 1.3 miles east of 1-75, in Sections 21 & 22, Township 48 South, Range 26 East, Collier County, Florida, consisting of 538.1_+ acres (Companion to DOA-2000-02). 2) Petition PUD-86-6(1), Mr. Kevin McVicker of Phoenix Planning and Engineering representing the Jon& Sonya Laidig Foundation, requesting an amendment to the Loch Ridge PUD to allow for an assisted living facility (ALF) for property located on the southeast corner of Davis Boulevard (SR- 84) and Crown Point Boulevard West, in Section 7, Township 50 South, Range 26 East, Collier County, Florida. (Companion to CU-99-3). 3) THIS ITEM HAS BEEN CONTINUED TO THE JUNE 27~ 2000 MEETING. Petition PUD-2000-02 William Hoover of Hoover Planning and Development, Inc. representing Mark L. Linder, Trustee, requesting a rezone from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development to be known as Hibiscus Village PUD for an affordable housing development. The subject property is an undeveloped 18.76 acre parcel located on the west side of Collier Boulevard approximately aA of a mile north of Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier County, Florida. 6 May 23, 2000 C. OTHER Petition DOA-2000-02, Robert L. Duane, AICP, of Hole, Montes & Associates, Inc., representing the Olde Cypress Development Corporation, for an amendment to the Olde Cypress Development of Regional Impact (DRI) Development Order for the purpose of adding 9.3+ acres of !and and making adjustments to the master plan to account for the effect of the added !and, for property located on the north side of Immokalee Road, 1.3 miles east of 1-75 in Sections 21 & 22, Township 48 South, Range 26 East, Collier County, Florida, consisting of 538.1+ acres. (Companion to PUD-99-18(1)). To consider adoption of an Ordinance amending Collier County's Noise Control Ordinance, No. 90-17, as amended; Lowers Table I Noise Levels Applicable to Residential, Tourist Residential and Commercial Property; adds Table II - Maximum Noise Levels to be Tested by Octave Band Analysis; adds vibration standards applicable to residential and tourist residential sites and units; reduces allowable sounds within multi-family units in residential use; amends parts of Section Six (F) related to regulated music and amplified noise from unenclosed areas; deletes Section Seven related to regulated music and amplified noise from enclosed areas; repeals the grandfathering provision; provides for conflict and severability; provides for inclusion into the Code of Laws and Ordinances; provides for a delayed effective date of July 1, 2000. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS Petition CU-99-3, Mr. Kevin McVicker of Phoenix Planning and Engineering, representing the Jon & Sonya Laidig Foundation, requesting conditional use "16" of the "A" Agriculture Zoning District to allow for an Assisted Living Facility (ALF) for property located on the southeast corner of Davis Boulevard (SR-84) and Crown Point Boulevard West, in Section 7, Township 50 South, Range 26 East, Collier County, Florida. {Companion item PUD-86-6(1)). THIS ITEM WAS CONTINUED FROM THE MAY 9~ 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 MAY 9~ 2000 MEETING. Petition CU-2000-01, Richard D. Yovanovich, Esq. of Goodlette, Coleman & Johnson, PA, representing Barbara and Wilbur Crutchley requesting a Conditional Use for a boat dock as a permitted principal use in the "RSF-4" residential single family zoning district for a property located on the west 7 May 23, 2000 4) 5) 6) 7) 8) side of West Avenue and is further described as part of Lot 1, Block "E", Little Hickory Shores Unit #2, in Bonita Springs. THIS ITEM WAS CONTINUED FROM THE MAY 9~ 2000 MEETING. Petition CU-2000-03, George L. Varnadoe, Esq., of Young, Van Assenderp, Varnadoe & Anderson, P.A., representing La Playa LLC, requesting Conditional Use "5" of the "RT" Resort Tourist Zoning District for a private club per Section 2.2.8.3 for property known as the La P!aya Hotel and Beach Club, located on Gulfshore Boulevard, further described as the Lots 25 through 30, inclusive, Block A, Unit No. 1, and Lots 24 through 28, inclusive, Block B, Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion to V-2000-9) Petition CU-2000-05, R. Bruce Anderson, Esq. of Young, Van Assenderp, Varnadoe and Anderson, P.A. representing Royal Palm Academy, Inc. requesting a Conditional Use for private school in the "A" Rural Agricultural zoning district for a property located on the east side of Livingston Road approximately one and a half miles north of Immokalee Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida. This site consists of 9.5 acres. Petition V-2000-07, Miles L. Scofield representing Michael Zaccheo, requesting a 12-foot variance to the required 15-foot west side yard setback for dock facilities to 3 feet for property located at 63 Southport Cove, further described as Southport of the Bay Unit 1, Lot 58, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. Petition V-2000-08 Joseph Sabatino requesting a variance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of lots 13 & 14 and along the east side yard of Lots 36 and 37; a variance of 0.7-foot from the required 6-foot maximum to a 6.7-foot maximum for the height of the courtyard walls; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls for properties described as Lots 13, 14, 15, 36, 37 and 38, Block 17, Naples Park, Unit 2, Collier County, Florida. (Companion to Agenda Item 8(A)7). THIS ITEM WAS CONTINUED FROM THE MAY 9~ 2000 MEETING. Petition V-2000-9, George L. Varnadoe, Esquire, of Young, Van Assenderp, Varnadoe and Anderson, representing La Playa, LLC, for a variance to the separation between building requirement from forty-nine (49) feet to thirty- five (35) feet for property located at 9891 Gulfshore Drive. (Companion to CU-2000-03) OTHER 8 May 23, 2000 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve a resolution that authorizes the County Manager to apply for a $750,000 Neighborhood Revitalization Grant that is offered through the Florida Department of Community Affairs. 2) Adopt the Interlocal Agreement transferring jurisdiction of waterways within the City of Marco Island to the City of Marco Island. 3) Recommendation to approve Commercial Excavation Permit No. 59.738, "Paul and Kelly Byrd Commercial Excavation TR 127 & 128, U 49" located in Section 2, Township 49 South, Range 27 East: bounded on the north, south, east and west by vacant land zoned Estates, and also on the east by 16th St. N.E. and on the north by a canal. 4) Recommendation to approve Excavation Permit No. 59.737, Garro Lake Commercial Excavation located in Section 33, Township 48 South, Range 28 East: bounded on the north, east, and west by vacant !or and on the south by 62"d Ave. NE R/W. 5) Final acceptance of water and/or sewer facilities connections for the Pointe II at Pelican Bay. 9 May23,2000 6) Final acceptance of water and sewer utility facilities for Stonebridge, Tract H. 7) Request to accept an alternate security for Leawood Lakes, and enter into a new construction and maintenance agreement with the new developer. 8) Approval of an agreement with the South Florida Water Management District to continue participating in the surface water quality monitoring of Big Cypress Basin, Collier County. 9) Joint Participation Agreement (JPA) and Resolution authorizing the Public Transportation Manager to enter into, modify or terminate the Agreement. (No. 405805) 10) Joint Participation Agreement (JPA) and Resolution authorizing the Public Transportation Manager to enter into, modify or terminate the Agreement. (No. 204786) 11) An application for a Commission for the Transportation Disadvantaged Trip Grant for FY 200-2001. 12) Joint Participation Agreement (JPA) and Resolution authorizing the Public Transportation Manager to enter into, modify or terminate the Agreement. (No. 207212) 13) Request to approve for recording the final plat of "Strand Commercial Replat" 14) Request to approve for recording the final plat of "Carlton Lakes Unit No. 3" 15) Request to add five (5) permanent full-time positions in the Building Review and Permitting Department. B. PUBLIC WORKS 1) 2) 3) 4) 5) This item has been deleted. This item has been deleted. Acceptance of an Utility Easement for the relocation of a water meter in the Holiday Manor Subdivision. Acceptance of Utility Easement for the relocation of a watermain in the Kings Lake Subdivision. Approval and Execution of Satisfactions of Notice of Promise to Pay and Agreement to extend payment of Water and/or Sewer System Impact Fees. 10 May 23, 2000 6) Approval and Execution for Satisfactions of Claim of Liens for Water and/or Sewer System Impact Fees. 7) Approval and Execution of Cancellation of Notice of Promise to Pay and Agreement to extend payment of Water and/or Sewer System Impact Fees. 8) 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. 9) Convey County land to South Florida Water Management District to provide off-site mitigation for the construction of Livingston Road improvements. 10) Adopt a Resolution authorizing the acquisition by gift or purchase of fee simple title interest for the construction of the Immokalee Road/Randall Boulevard Intersection Improvement Project, CIE No. 72. 11) Adopt a Resolution authorizing the acquisition of land by gift or purchase of traffic signal easements for the installation and maintenance of the County- wide Computerized Traffic System Signal Improvement Project (Phase 1). 12) Approve a 2-Party Agreement and accept an easement and temporary construction easement from McAipine (Briarwood), Inc. 13) Approve an Easement Agreement, accept a temporary construction easement and a drainage easement to provide flood relief for property owners within the Kirkwood Avenue Drainage/Gateway Triangle area. 14) Approve Work Order #PW-MA-0011 with McGee and Associates to provide landscape architectural services during construction for U.S. 41 Tamiami Trail East Streetscape Beautification Project, Project No. 60013. 15) Request to amend Ordinance No. 91-107 to allow for roadway lighting improvements within in the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (M.S.T.U.), Project No. 68062. 16) Award a Contract to Akerblom Contracting, Inc. to construct Manatee pump station improvements, Bid 99-3028, Project 70052. 17) Approve a Donation Agreement and accept a special warranty deed from Harvest for Humanity, Inc. 18) Recommendation that the Board of County Commissioners award Bid #00- 3069 for Clam Bay Interior Channel Construction Phase II to D.N. Higgins, Inc. and approve the necessary budget amendment. 19) Recommendation that the Board of County Commissioners award Bid #00- 3073 for Pelican Bay street signs to Lykins Signtek, Inc. I1 May23,2000 20) Approval of a Lease Agreement with Horseshoe Square Development, L.C. in order to relocate the Stormwater Management Department. 21) Adopt a Resolution authorizing the acquisition by girl or purchase of fee simple title interests and/or non-exclusive perpetual utility and temporary construction interests by easement for the construction of the thirty (30") inch parallel sewer force main along Immokalee Road and within Creekside Commerce Center, Project 73943. 22) Adopt a Resolution authorizing the acquisition of land by gift or purchase of fee simple title interests for the construction of roadway improvements for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase 1). 23) Recommendation that the Board of County Commissioners authorize two (2) Pelican Bay Services Division Advisory Committee Members to attend the sustainable Florida Leadership Awards Banquet. 24) This item has been deleted. 25) Approve staff ranking of firms for contract negotiations for construction engineering inspections services for Pine Ridge Road widening from Airport Road to Logan Boulevard, Project No. 60111, CIE No. 41. 26) Approve Work Order No. PW-WM-0009 with WilsonMiller to provide project management services for the East Tamiami Trail, Phase "B" Streetscape Beautification Project, from Airport Road to Rattlesnake Hammock Road, Project No. 60039. 27) Approve Work Order No. PW-WM-0008 with WilsonMiller to provide project management services for Goodlette-Frank Road Median Beautification Project, from Solana Road to Pine Ridge Road, Project No. 60095. 28) Approve Work Order # PW-WM-0010 with WilsonMiller to provide project management services for the North Tamiami Trail Median Landscape, from Seagate Drive to Gulf Park Drive. 29) This item has been deleted. 30) Recommendation that the Board of County Commissioners award Bid #00- 3052 for Pelican Bay streetlights, sign poles & luminaries to Consolidated Electric Distribution, Inc. and approve the necessary budget amendment. 31) Approve contract negotiations for Task #1 for professional engineering services by Malcolm Piruie, for Solid Waste Characterization and Program Analysis Study, RFP 00-3046. 12 May 23, 2000 C. PUBLIC SERVICES 1) Approve Contract #99-2947 "Implementation of a Master Plan for the North Naples Regional Park". 2) Authorize the Collier County School Board to prepare the food for the Summer Food Service Grant Program. 3) Award of Bid #00-3082 to G. A. Foods to prepare the food for the Summer Food Service Grant Program while summer school is not in session. 4) Approve an Interlocal Agreement with the City of Naples to collaborate on obtaining a Florida Communities Trust Grant. 5) Authorization to transfer temporary part-time position to permanent part- time status. 6) Approve an application to the Florida Department of State requesting Historic Preservation Grant Funds to assist with the restoration of the Roberts' Ranch in Immokalee. D. SUPPORT SERVICES 1) Approve Capital Equipment Repairs and Replacements for building, plumbing and air conditioning systems. 2) Approve and Execute an Agreement with the Golden Gate Fire Control & Rescue District, which Provides for a Maximum Expenditure of $12,500 from the GAC Land Trust. 3) Approve and Execute an Agreement to provide for a Maximum Expenditure of $50,000 from the GAC Land Trust to Initiate the Design of a Fire Control and Rescue Station to be Located with Golden Gate Estates. 4) Adopt a Resolution Authorizing the Canceling of Current Taxes Upon Certain Oil Gas and Mineral Rights Obtained by Tax Deed Without Monetary Compensation for Public Use. 5) Award Bid No. S00-2047 for the Sale of Surplus Mail Machine. E. COUNTY MANAGER 1) Resolution authorizing the County Manager to approve and execute routine matters on behalf of the Board of County Commissioners during designated commission vacations. 2) Approval of Budget Amendment Report - Budget Amendments #00-231; #00-240; #00-241. 3) Recommendation relating to Holocaust Museum. 13 May 23, 2000 F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES 1) Recommendation to award Bid No. 00-3065, Installation of Hurricane Shutters at Village Oaks Elementary and Pine Ridge Middle Schools. H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. I. OTHER CONSTITUTIONAL OFFICERS 1) Resolution providing for the imposition and collection of a Local Option Fee for provision enhanced Emergency "911" telephone service and equipment. J. COUNTY ATTORNEY 1) Recommendation that the Board approve Amendment Number 2 to Legal Services Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. 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 1TEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Petition PUD-91-05(1), Dwight Nadeau of McAnley Engineering and Design, Inc., representing Samuel J. Durso of Habitat for Humanity, requesting a rezone from "PUD" to "PUD" Planned Unit Development, for property known as Habitat Place PUD, an affordable housing project located approximately three miles east of S.R. 951 on the south side of U.S. 41 East, in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 20.20+ acres. Petition PUD-99-05(1), Anita L. Jenkins, AICP, of Wilson Miller, Inc., representing Long Bay Partners, LLC, requesting a rezone from "A" Rural Agriculture to "PUD" and "PUD" to "PUD" Planned Unit Development known as Mediterra PUD having the effect of increasing acreage from 943+_ acres to 14 May 23, 2000 954+acres, for property located west of 1-75 along the Livingston Road East/West Corridor in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. Petition DOA-2000-01, William R. Vines of Vines and Associates, representing Richard K. Bennett, Trustee, for an amendment to the Citygate Development of Regional Impact (DRI) Development Order 88-2 as amended for the purpose of extending dates for initiation of construction activities, amending phasing schedule and the time the Development Order is to remain in effect. 0 Petition VAC-00-002 to vacate a portion of platted 20' wide Lake Maintenance Access and Drainage Easement on Lot 11, Block B, "Wildcat Cove Two", as recorded in Plat Book 30, Pages 1 through 3, Public Records of Collier County, located in Section 3, Township 48 South, Range 25 East. Petition VAC-00-008 to vacate a portion of a Lake Maintenance Easement on Tract B, "Crown Pointe Shores", as recorded in Plat Book 26, Pages 55 through 56, Public Records of Collier County located in Section 7, Township 50 South, Range 26 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 May23,2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING MAY 23~ 2000 ADD: ITEM 8(G)(2): Obtain Board approval to amend Resolution 98-419. (Staff's request). ADD: ITEM 16(B)(32): Approve the Consent to Use Agreement between the Registry Resort and Collier County for a portion of the water management easement adjacent to the hotel. (Staff's request). ADD: ITEM 16(G)(2): Approve the Ochopee Fire Control District's budget amendments for the purchase of brush fire gear. (Staff's request). CONTINUE: ITEM 12(C)(2) TO JUNE 13~ 2000 MEETING: Ordinance amending Noisa. C. mm~ ordinance No. 90-17 as amended; lowers Table 1 noise levels applicable to residential, tamria'~ residential and commercial property; etc. (Staff" request). CONTINUE: ITEM 13(A)(2) TO THE JUNE 13~ 2000, MEETING: Petition A-99-04, Kensington Park Master Association and the Yorktown Neighborhood Association, requesting an appeal of the CCPC that changes to the Carillon PUD Master Plan by adding new commercial building footprints were insubstantial. (Petitioner's request). WITHDRAW: ITEM 16(B)(30]: Award Bid #00-3052 for Pelican Bay streetlights, poles and luminaries to Consolidated Electric Distribution, Inc. (Staff's request). NOTES: IN ORDER TO ACCOMMODATE COMMISSIONER CARTER, THE FOLLOWING CHANGES IN THE ORDER OF PRESENTATION ARE REQUESTED. First item to be heard: Item 8(B)(4) - 111~ Avenue No. with respect to the area transportation sub- network. Second items to be heard: Public hearings. Third items to be heard: Items 8(A)(2), 8(A)(3), 8(A)(4), 8(A)(5) & 8(A)(6) - all are Tourist Development items. THE FOLLOWING AMENDMENTS TO ITEM 16(CX4) HAVE RESULTED FROM THE NAPLES CITY COUNCIL'S REVIEW AND APPROVAL OF THIS ITEM AND ARE BEING RECOMMENDED BY THE COUNTY STAFF: Paragraph 6 of the agreement - Both parties acknowledge that the City shall have the sole right and responsibility for the administration, programming, scheduling and supervision of all events bj rty and activities conducted on the su eet prope a.':~ Paragraph 7 of the agreement - During the effective term of this agreement, neither the City of Naples, nor any person or entity on behalf of the City of Naples (including any department, agency or sub-part thereo0 shall request that Collier County contribute any money or any other tangible or intangible consideration toward the Fieischmann property, the Cam bier Park band shell or the Pulling Property Canoe Launch. This agreement shall terminate at the end of the 2000-2001 fiscal year. P~OCLA&fA TION WHEREAS. NOW eveo, yee- ~ of live~ n Io. rt i~ Ix~tf~ occide~t~. ple~.~um~le if tho~ w~o ee~e~je i# it ~ill empl~z~ixe keowledge, cor~ and the fo~ snfe I~w~tinJl: onE, 4 ~Tune ~ ~58 (XZ !xecl=im o~t of DONE AND .C~E'Y CO&~E55.rONE~5 cc~_ ! rER/~NTY, FLORZDA AGENDA ITEM No.,, NAY 2 3 2000 Pg.. / PROCLAMATION the 8o~d of hou~i~j m/#e~ce to ve7 low. low ~ moSe-~t~ i~e families; to cmat~ ~ a~equ~ supply of ~.cent. safe. s~nil~'y. and affo~lable J~i~ fo~ all ¢itiz~ of Collie" Cou~/; ~ NOW of DONE AND WEEK "COUNTY CO&M~T~ONER~ CO[_ ! TER COUNTY. t=LOR2rDA ATTEST: 7'r-MoT'HY .7. CON~TANT2rNE, CHAZR&fAN AO[NDA No. I~AY 2 3 2000 pg,_ i _ , WH~EA~. WHER~A~, WHERE~$, 'ci.~" me.m~m3 cJ~i~.n. i= be.h~oe wm~r m~ ~ Ih~3 in a WHERFA~, cidlily c= o~ di~.~ i= e~ and DONE AND ORZ~R~D A I~rEST: ~O_~_ rER ~OUNTY, P'LORrD~ TZ4fOTHY .7. ~'o~k.~rA~r~, .o.~ MAY 2 3 2000 ! pg.,~ -- PROCLAI~A TION 141blE~EA$, the crime of financial fraud costs the dtizens of the Untied States of America more than $6&0 billion each year, and more than of America ~ citizens have experienced financial fraud, with fraudulent acts cqstirn3 the consumers more than $2.~0 million each year in additional securHy measures, shoplifting expenses, and other costs; and HIHk-gEA$, fraudulent behavior kntnvs no bounds, and as such, has no respect for its victims in terms of agq', race, income level, education, or gender; and any citizen may became ~he victim of tS-aod, when 3e/she lea~ expe. c~ it, since peel~..trators map, be k/ends, family members, co-workers, well-dressed executives, or street criminals; and 14fblEREA$, law enforcement officials now label financial fraud as a 9rawth indus.~ry because of the increasing number of cases they are asked to solve; and WHEREAS, over 40, financial state ageno/es for possible Bankin9 and Finance m one year; and I~HEREA$, in is lost each year consumer Ios~es WHk'gEAS, a of 2000, be and a .gainst those crtmes tn our commun[19,'. DONE AND ORDERED TI.-I.Z'5 23rd, BOARD OF COUNTY CO_~ !_rER COUNTY, FLOR. IDA ATTEST: T'~OTHY ~T. CONSTANTZNE, CHAIRt~AN DW2'GHT E. BROCK, CLERK AGENDA ITEM No. MAY 2 3 2000 Pg. 600 North Roac Naples, FL (941) 436-1000 (941) 436-1005 TO: ¢.,0ur~y Manager's Office ~' ; ;¢:-Z010 From: Frank Van Essen, Executive L'~:7~: ::r : ,.%~.~;: .,,sy lr.,, 2000 Re: Request to be p{aced on Agenda ,: of !' ~.,;: ~ ;over only Subject: Expansion of the Coiii,: Golden, Gate The Chairman and the Executive the Boan:~ of County Commlssione?. ~.~ ~., above subject b~ place¢~ on the We woul~ apprec. late c0nfirmatioq II~e~ above. Thank you in advance boundaries further into · · · 5,:ntrol Dlstdct WL~h to appear before '~',~?;' 23, 2000, anti request that the '" rgur telephone and f~'( numbers are AGENDA ITEM No,.--"'~C-{, -- MAY 2 3 2000 NDltTH NRPLES i HRPLES H~MMDr'H T¥ ! P~E 2 Collier Mosquito Excluded Areas Potential Golden Gate Expansion Survey Results (May 2000) Final 'l"all~, - C, ards Received Through 5/11/00 Total # of Cards Maile. d:3,746* Total %%s" Votes Received: 1,543 Total ~ of Cards t'{.eceived:1.,988~Total "No" Votes Received: 445 Response Rate: 53% 'Percent in Favor: 78% Perce n t Not in lea w) r: g2 "i, 536 301 ,115 Response Rate 56% Pel'C{~II { 77% Percon t C) l)posed 23% 772 54% 77% 23% 5,16 297 54% 73% .>.o.- ;,03 273 340 77% 23% 635 54% ~ ,,' . o. 80 ',, 20 .-',~ 754. 3 6. 48 ..,, 8 ! ~'i, 19 % AGENDAITEM No. F'iAY 2 3 2000 P9 RESOI.,UTI()N 3 - 1999-2004) Wt{EREAS, il ~s stated m SeclioJi 38}f.211. Flon~ S~lulcs, 'q'~ ~d of ~)mmissione~ of any di~l'ici fi)mfl of the (ii~rict" and 1961. 1971. t972. 1982 and t989 increasing its size to approximatet'3 two tmmlr~ and WIIERF. AS. idler much research and c(msidcration. il is now lite dcsin: of the Board of Cmnmissit)n.ers of the (?()tJlc-[' ~v'l(]lS(llJl}(i ('~.)ltllO{ Distncl io ;:::xpa,ld ilk: lmtmdaries 11~rlher into {tie ('ioldetl Gate Estates area. and NOW 'I'}'t[!,Ri;FT){Ur~J. tie IT RESOI,V[~D b)' (lle Bt~ttd of {5Omlm~mne~'s ot: the Collier Mo~]mio Control A App.>vc 1t~c tblto~mg clumges m the {~um~mes of lite ("oilier Mo~lui{o Control Dist~icl ~td 1o amend the (.)rdci c~'tnttir~g the CoiJicl M(~tmlo Coilit'o{ Dist{'ict io cotflorin wil.h the ~unda~: ch~lges ~lo~ expamlmg tl~c Collier Mo~:lUliu CoJllrot I)islrlct IO illelude I "l'l~c tellowing real {)ropefly helmhatter des. cribcd as "Pltas¢ 1~ 'I'ow{~stllp 48S -Rm)gc 2bE' ,~liolts 13, 24.25 and 36 Township 48S - Range 27E: Seenotto 17, 18. 19, 20. 29. 30.31 and 32 (/oldeit Gale Estales Unit Number 53 Tow',{stup 4.,~S ~ Range 26F2 .~iy. clions 24, 25 and 36 Golden Gate Estmes l Jill{ Ntt~lribets 5~ O aml 15 ~1ow,tship 49S - Range 27E Sections 20? 2'L 30, 3 I. 32 Golden Gale Es{ales fLhiil Nmtfi)ers 7, 8~ 9~ 10. 193. 194 ~nd 195 ~,t{d to l~x ~esidcms Ihcrcof ml the tax billings lo be nunled m November of 2000 for such services at the estabhslied ColLier Mosquito Control District millage rate ibr the 2(~)-2{'~} I fi~al ym~i m~d fo.r all st:ibscqtlc{H years, lo 1~' delcrntinmi as provi&:d by Florida Sial!lies S( ~,iccs will ~'~,,,,,,~e~'"'~:2~:(:l- AGENDA iTEM No · The lOtlowing real proper{)' here~mffter described as ~'Ptutse 2" Town.ship 48S-Range 27E: Townshtp 49S-Range 27E: Sections 14 aml 23 Golden Gale Es{ales Unit Numbers: t7, 18, 19. 20, 2I, 22, 23. 24, 30. 37, 38, 52 and 59 5~x.'lio~ts. 14, 15. 16, 21, 22. t3, 26, 27, 28~ 33. 34. 35 Golden Crate Estat~ umt Numbeng i 1, 12, 13. 14.48 a~uJ 49 :red to tax residents thereof on the tax bit.lings 1o be nmaled m November of 2001 lbr such sepAces at. the e~ablished Collie{ Mosquito Control !)islrtt.nt trollage rate for the 2001-2002 fi~al yea~ and for all s~ucn! y(atrs, io be d~aeram~d as provided by Florida Sialnrta. Seruicea aall comnml)ce in 2002. B. !n the c.wcnt tirol Phase I camnot be added to the tax mils fo~ the November. 2(X)O bffiing. then Phase l sitall added it) the tax mils m Novenlber. 2001 a~ Ptmse 2 will be ~dfied in November, 2(X)2, (tach a! the applicable millage taleS. tn Ihal twcnl sen, ices for Plmse I stroll commence m 2002 and services for Phase 2 slmtl commence m 21X13. IY.)Nt'.:, ORDERED AN[) RESOI,VED [N REGULAR SESSION OF THE COLLIER MOSOUITO CON~I*AOL DISTRICT BOARD ¢)t, {~ OMMtSSI )NE..RS lhts 16' day of May. Robeli A Borer..~ctclaLv Robell D. Gero~/, C. ha.irl~la~ ~ AGENDA ITEM No. L AGE! No. I ~.~, 2 3 ,'~u, I pg. ~ LL z 0 ~ ~ m U© Z -J < ~iAY 2 3 ' Executive Summary THIRD AMENDMENT TO THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION OF THE MARCO ISLAND FILM FESTIVAL OBJECTIVE: To have the Board of County Commissioners accept the third amendment to the 1999 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County. CONSIDERATION: On April 17, 2000, the Tourist Development Council reviewed an application for Category "B" Advertising/Promotion and Special Events project regarding funding the Marco Island Film Festival. The event was recommended for funding by a unanimous vote (7-0). The Tourism Alliance agreement will be amended from $1,495,855 to $1,537,855 which will include the $42,000 for the Marco Island Film Festival. FISCAL IMPACT: Funds are available from the Tourist Development Tax Fund. A budget amendment will be required to allocate funds to this project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the third amendment to the 1999 Tourism Development agreement between Collier County and the Tourism Alliance of Collier County, approve the associated budget amendment and authorize the Chairman to sign the agreement. ~-~a~ t~[~Eichho~,-TDC Coordinator I~using and Urban Improvement Date REVIEWED BY: APPROVED BY: Vincent A. Cautero, AICP Administrator Community Development & Environmental Services Date Date AGEND ~ ITFJ~I 2000 Pa. THIRD AMENDMENT TO 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION OF THE MARCO ISLAND FILM FESTIVAL THIS THIRD AMENDMENT TO 1999 TOURISM AGREEMENT, is made and entered into this day of ,2000, by and between the Tourism Alliance of Collier County, hereinafter collectively referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY and the GRANTEE entered into a 1999 Tourism Agreement dated June 22, 1999 in the amount of One Million, Three Hundred Fifty Thousand No/100 Dollars ($1,350,000); and WHEREAS, the COUNTY and the GRANTEE entered into a 1999 (FY99/00) amended Tourism Agreement dated October 12, 1999 in the amount of On Million, Four Hundred Eighteen Thousand No/100 ($1,418,000.00); and WHEREAS, the COUNTY and the GRANTEE entered into a 1999 (FY99/00) amended Tourism Agreement dated May 9, 2000 in the amount of On Million, Four Hundred Ninety Five Thousand Eight Hundred Fifty Five No/100 ($1,495,855.00); and WHEREAS, GRANTEE and County now desire that Grantee's budget be amended to include funding for advertising and promotion for the Marco Island Film Festival. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 2 of the Agreement, as amended, shall be deleted in its entirety and replaced with the following language: AGENDA ITEM MAY 23 20430 PAYMENT: The amount to be paid under this Agreement shall be One Million, Five Hundred Thirty Seven Thousand Eight Hundred Fifty Five No/100 Dollars ($1,537,855). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Manager or his designee. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of ! any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached Exhibit "A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by the County Manager or his designee. HAY232000 ] 2. Exhibit "A" to the First and Second Amendment to the 1999 Tourism Agreement shall be deleted in its entirety and replaced with Exhibit "A" attached to this Third Amendment to the 1999 Tourism Agreement. 3. Except as set forth herein, all of the terms and provisions of the 1999 Tourism Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written: DATED: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman WITNESSES: GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY (1) By: Printed/Typed Name Printed/Typed Name (2) Printed/Typed Title Printed/Typed Name Approved as to form and legal sufficiency ~ F. Ashton Assistant County Attorney I AGENDA ITEM i MAY232000 EXHIBIT "A" TOURISM ALLIANCE OF COLLIER COUNTY Advertising Public Relations Travel Industry Liaison Fulfillment Administration Film Office Airport Authority Marco Island Film Festival $ 820,000 $ 240,000 $ 35,000 $ 180,000 $ 75,000 $ 68,000 $ 77,855 $ 42.000 TOTAL $1,537,855 MA~ 2 3 2000 EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT COUNCIL FUNDING FOR THE COLLIER COUNTY HISTORICAL SOCIETY, INC. REGARDING PAYING OFF A PORTION OF THE WILKINSON HOUSE OVER A THREE-YEAR DURATION OBJECTIVE: To approve TDC funding for the Collier County Historical Society, Inc. CONSIDERATION: When considering this particular request for funding, it is important to note that the combination of applications for all of the museum projects exceeds the estimated TDC revenue to be generated next year. The total of all museum related requests and revenues are as follows: REQUESTS Collier County Historical Society ($266,666 for 3 years) Collier County Museum Marco Island Historical Society $266,666 $738,500 $ 13,900 $1,019,066 FY 2001 Est. Rev. Category "C" Museums FY 2001 Est. Rev. Category "B" Tourism Alliance $820,500 $871,300 The Collier County Museum originally requested $738,500 in tourist tax funds and is only recommended by the TDC to receive $464,100. It was suggested that the balance of the budget ($274,000) be supported by the County's general fund. Since amending the County's tourist tax ordinance to allow museum funding, the Board has consistently funded the County Museum from tourist taxes rather than the general fund. Based upon this history, some alternative recommendations to the TDC proposal are being provided. The ordinance can be amended to provide for additional funding for museums from category "B" or even category "A". Category B currently has a reserve balance of $2,502,098, and annually projected revenues of roughly $850,000. The funding request from the Tourism Alliance (see item 8A1) is to provide approximately $1,400,000 for the next three years for an advertising and marketing campaign. Over the three-year period, current reserves and projected revenues are estimated to total $5,052,000 of which the Tourism Alliance three year plan is requesting $4,200,000. An ordinance amendment could be directed that would increase the annual funding for museums from 15% to approximately 18% which would provide $1,020,000, and continue to provide enough funding to fund the requested three year plan of the Tourism Alliance. A second option would be to borrow funds for the Wilkinson House payment with repayment coming from the TDC funds. Based on the current requests, if the Board were to continue its practice of funding the County Museum from tourist taxes there would be $68,000 available to put toward a note for the Wilkinson House. At $68,000 annually, debt service payments would be required between 11 and 12 years depending on the $800,000 commitment. It should be noted that the Wilkinson House deed contains a reverter clause to a private party shmild funding cease. In light of this condition it is recommended that the Board consider additional stipulations in any funding agreement. Should the property ever become privately owned, or not be regularly open to the public there would be a requirement for repayment of any tourist tax monies put toward the project from the City of Naples. The County would provide tourist tax funding as the last $800,000 contribution toward the project. This would require that the Historical Society continue to fund raise, and demonstrate community support of the project prior to County tax dollars being spent. The County commitment would provide an opportunity for the society to generate grant funding or other "matching fund" opportunities. The Tourist Development Council on April 17, 2000 reviewed the Category "C" Museums application project funding and recommended by a 6-1 vote, to fund the Collier County Historical Society, Inc. $266,666 each year for a three-year duration, starting in FY01 and ending in FY03 FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the above referenced application for TDC funding, subject to a new funding agreement as generally outlined above subject to the final review and approval of the Board of Collier County commissioners. PREPARED B ~x2~.' ---~A-c~'7- ~'~ //&'~'-~ DATE: Beth ~/alsh, Assistant to the County Manager Tom Olliff, Co~ty M AGENDA ITEM No. _ 2[}00 EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT COUNCIL FUNDING FOR THE MARCO ISLAND HISTORICAL SOCIETY, INC. $13,900 OBJECTIVE: To approve TDC funding for the Marco Island Historical Society, Inc. Advertising and Promotion Expenses for FY00-01. CONSIDERATION: On April 17, 2000, the Tourist Development Council reviewed an application for Category "C "Museums project funding. The following proposal was recommended for funding. The Tourist Development Council recommended by a 6-1 vote, to fund the Marco Island Historical Society, Inc. $13,900 for Advertising and Promotion. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the above referenced application for TDC funding and authorizes the Chairman to sign the 2000 standard agreement for $13,900. Jane E. l~hhorn, ;I'DC Cor~rdinator HorSing and Urban Improvement DATE: Greg M~H~u si~ aanl~,l~HrbUaln I~ in~;~ toOvrem ent Vince Cautero, AICP, Administrator Community DATE: ~~ji Development & Environmental' Services AGENDA ITEM No_ ~; ~'-i MAY 2 3 20O0 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND HISTORICAL SOCIETY, INC. THIS AGREEMENT, is made and entered into this __ day of ,2000, by and between Marco Island Historical Society, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tomst Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tour/st Development Tax are to be allocated for operation of one or more County owned Museums or Museums that are owned and operated by not for profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the operation of the Marco Island Historical Society, Inc. including advertisement and promotion and; WHEREAS, the COUNTY desires to fired the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED LIPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the advertising and promotion of the Marco Island Historical Society, Inc. 2. PAYMENT: The amount to be paid under this Agreement shall be Thirteen Thousand Nine Hundred ($13,900). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been p] shall submit invoices to the County Administrator or his designee. The Cm AGENDA ITEM 9pe~ij~ nrnvirt~rl 0r'4 his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials fi-om previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per perso PERSONAL INJURY LIABILITY $300,000 each claim per person 2 2 3 2000 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. ~oGE~D{~EM 3 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Virginia C. Carlin Marco Island Historical Society, Inc. P.O. Box 2282 Marco Island, Florida 34146 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mall to the COUNTY to: County Administrator Second Floor, Admimstration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a parmership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. AGEBtDA ~TEM No, 11. GENERAL ACCOUNTING: GRANTEE is required o maintain complete an 2 ^ rO wnu, accurate accounting records and keep tourism funds in a separate chec ring account. 4 Pg.., ~ related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on [date Board approvesl and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OF FUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the success of the advertising and promotion described herein. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the expiration of this Agreement. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY ha' authorized person or agent, hereunder set their hands and seals on t~ written. 5 e fq A¥ 3 21}00 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman WITNESSES: Prinfed/Typed Name GRANTEE MARCO ISLAND HISTORICAL SOCIETY, INC. Printed/Type~'-Nm~e By: Printed/Typed Name Pri~ted/Tyl~ed Tit~e I (corporate seal) Approved as to form and legal sufficiency Ramiro Manalich Ch/ef Assistant County Attorney 6 H~.~,, 2 3 20{30 p~. "~ Marco Island Film Festival Exhibit "A" Publicity Prcsstige Printing Company - 55,000 Brochures and Rack Cards Postage for Mailing 30,000 of the Brochures Total $4,067 $9,9O0 $13,967 EXECUTIVE SUMMARY TOURIST DEVELOPMENT COUNCIL FUNDING FOR THE COLLIER COUNTY MUSEUMS AND EXTENDING DEBT SERVICE PAYMENTS FOR THE PURHCASE OF ROBERT'S RANCH TO TEN YEARS OBJECTIVE: To approve TDC funding for the Collier County Museums operations for FY 01 and extend the debt service schedule for the Robert's Ranch property to ten years. CONSIDERATION: On April 17, 2000, the Tourist Development Council reviewed an application for Category "C "Museums project funding. The following proposal for the County Museums (Main Museum, Everglades Museum and Roberts Ranch) was recommended for funding. The Tourist Development Council recommended by a %0 vote, to fund the Collier County Museums in the amount of $464,100. The Collier County Museums requested $738,500. The TDC has recommended $464,100 to be funded from Tourist Development Tax and the remaining balance of $274,400 to come from the General Fund. The Museum request of $738,500 was based on the Board's approval of restructuring the debt service payment schedule for the purchase of the Robert's Ranch property from four and a half years to ten years. This was proposed to allow a portion of the Category C (Museums) tourist taxes to be used for funding non-county owned museums. The museum received a loan from the General Fund to purchase the Robert's Ranch property with an annual debt service payment of $150,000 over four and a half years. The debt service for a ten-year repayment schedule is $59,800 annually. If the debt service payment schedule is not changed to ten years, the County Museum's funding requirement for FY 01 would be $828,700. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: Approve Tourist Development Tax funding for the Collier County Museum and the proposed ten-year schedule for the Museum's repayment of the loan from the General Fund. , OffiYce ;f~i~a~agement and Bgudget Y A PPROVEDBY~~ Thomas W. Olliff ['~-'-'- County Manager L DATE: AGENDA, ITEM No. MAY 2 3 2000 Pg.,, Collier County Tourist Development Council Grant Application Category "C" Museums Completed applications must be received 30 days prior to the April Tourist Development Council Meeting (TDC meets the third Monday of the Month). Applications must be received at the below address: TDC Coordinator Collier County Tourist Development Council Housing and Urban Improvement 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34104 1. Name and Address of Applicant Organization: Collier County Museum County Government Center 3301Tamiamt Trail East Naples, FL 34112 2. Organization's Chief Official and title: ROll Jamro; Museum Otrmetor 3. Contact Person, Title and Phone Number: Ron Jamro, Museum Director (941) 774-8476 4. How much TDC funding is your organization (museum) requesting. * This figure includes $150,000 for repayment to General Fund for $ 892,500* acquisition of the Roberts' Ranch property in Immokalee and reuse as a County-operated pioneer history museum 5. Briefly describe your Museums capability to promote Collier County. The Collier County Museum preserves and interprets the historical and archaeological resources of Collier County to promote a fuller public understanding and appreciation of our community's heritage and development through the use of exhibits, tours, research services~ cultural events and activities, and school and educational programs. A detailed budget (Exhibit "A '9 identiJS;ing line item expenses and anticipated sources of revenue must be submitted which includes, to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. The Collier County Museum is a three facility, County owned system with branches in Naples, Everglades City and Immokalee ACFaNOA ITEM k'IAY 2 3 2000 Page 2 Category "C" · Museum Application 7. Applications must be accompanied by the following: a) Verification of non-profit status b) Last fiscal year's financial statements c) Detailed Exhibit "A" Has your Organization/Museum previously received Collier County Tourist Development Funding? Yes ( x) No ( ) If yes, please list the previously approved funding. Year ofRequest Approved TDCFunding FY 2000 $ 787~700- FY 1999 443,700 FY 1998 382,200 FY 1997 295,200 'TotalApprovedFunding $1,908,800 *included $153,500 payment for Rob6 Ranch acqutsit~¢ I have read the Tourism Grant Program guidelines and criteria Si'gnatur~of Museum 's Chief Official ~.2~. oo Date lie MAY 2 3 2000 Collier County Museums (Fund 198) Estimated Budget FYOI Museum Museum of EvergladesRoberts RanchTotal Personal Services $250,000$75,000 0 $325,000 Operating Expenditures$170,500$70,000 $42,000 $282,500 Capital Outlay $10,000 $5,000 $70,000 $85,000 Transfers (Debt Service)0 0 $150,000 $150,000 R~serves (919010) $50,000 Total Request $892,500 AGENDA ITEM MAY 2 3 2000 EXECUTIVE SUMMARY ACCEPT THE 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISNG/PROMOTION AND SPECIAL EVENTS To have the Board of County Commissioners approve the 2000 Tourism Agreement between Collier County and the Tourism Alliance of Collier County. OBJECTIVE: On April 17, 2000, the Tourist Development Council by a vote of 7-0 recommended a three year plan to the Tourism Alliance of Collier County to pay advertising/promotion and special events. This agreement will begin October 1, 2000 and will terminate on September 30, 2003. The three year plan will consist of FY01 $1,486,000; FY02 $1,519,000 and FY03 $1,556,000. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund 194. RECOMMENDATIONS: That the Board of County Commissioners approve the above referenced application for TDC funding and authorize the Chairman to sign the 2000 standard agreement. Jan/~E. E'ichhorn, TDC Coordinator H~hng and Urban Improvement DATE: y' .~~.~? ~.~ DATE: REVIEWED B Greg MiJ~aqic, HUI Director Housin~ Urban Improvement Vincent A. Cautero, AICP Administrator Community Development & Environmental Services 5--/8'--o o HAY 2 3 2000 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING/PROMOTION AND SPECIAL EVENTS THIS AGREEMENT, is made and entered into this __ day of ,2000, by and between Tourism Alliance of Collier County, a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County and special events; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for advertising/promotion of Collier County nationally and internationally and special events; and WHEREAS, the COUNTY desires to fund the proposed advertising/promotion and special events pursuant to this Agreement. NOW, THEREFORE, BASED LIPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the advertising/promotion of Collier County and special events that qualify under the Tourism Alliance Special Event Application. 2. PAYMENT: The amount to be paid under this Agreement shall be: FY01 - One Million Four Hundred Eighty Six Thousand Dollars ($1,486,000.00); FY02 ($1,519,000); FY03 ($1,556,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are ' ~GENDXlTEM I completed or that goods have been received. No.- -? i~-~.._.. I GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Manager or his designee. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess often percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person 2 No., MAY 2 3 2000 PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Manager or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, fi'om any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown i~ ...... GRANTEE's limit of, or lack of, sufficient insurance protection.No. 3 MAY 2 3 000 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Tourism Alliance of Collier County Joe Dinunzio, Chairman 1400 Gulf Shore Boulevard N., Suite 218 Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the tenrfination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to accurate accounting records and keep tourism funds in a separate checkin 4 naintain complete and acco~. related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on October 1, 2000 and shall terminate on September 30, 2004. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OFFUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: If advertising and promotion: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Manager or his designee within sixty (60) days of the expiration of this Agreement. If an event: GRANTEE shall monitor and evaluate the event identifying the success or failure of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 17. REQUIRED NOTATION: All promotional literat must prominently list Collier County as one of the sponsors. 5 2 3 2' 10 pg. g 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman WITNESSES: Printed/Typed Name GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY Printed/Typed Name Printed/Type~qme Printed/Typed Title Approved as to form and legal sufficiency R~m~o Manalich Chief Assistant County Attorney 6 MAY 2 3 2D, 8 Exhibit "A" Request for Funding The Tourism Alliance of Collier County serves as the single entity receiving advertising and promotional dollars from the Collier County bed tax. Special events are now a part of the overall marketing program, as are all Film Office responsibilities. The Tourism Alliance applies for funding as follows: 2000/2001 $ 820,000 From projected revenue $ 666.000 From reserves $1,486,000 TOTAL 2001/2002 $ 853,000* From projected revenue $ 666,000 From reserves $1,519,000 TOTAL 2002/2003 $ 890,000*'From projected revenue $ 666.000 From reserves $1,556,000 TOTAL Reserve funding is requested to offset a decrease in projected revenue. *Estimated projected revenue based on a 4% annual increase in collections. AGE~r)A ITEM' No.-.-.~ ~ MAY 2 3 pg. "~ EXECUTIVE SUMMARY REQUEST BY JOSEPH SABATINO FOR A WAIVER OF APPLICATION FEES FOR A VARIANCE REQUEST IN NAPLES PARK. (COMPANION TO V-2000-08) OBJECTIVE: For the Board of County Commissioners to make a determination to either waive or not waive variance application fees for V-2000-08, a variance request in Naples Park. Since there are no criteria for the waiving of fees, the Board of County Commissioners must evaluate each fee waiver application on a case by case basis. CONSIDERATIONS: Petition V-2000-08 is a variance request, which is on today's agenda of the Board of Zoning Appeals. The petitioner requests a waiver of the variance application fee ($425). The subject variance is a re-submittal of a variance that was heard by the Board of Zoning Appeals on January 25, 2000. The original petition was withdrawn by the petitioner at the Board hearing. The petitioner states that he "was not given the opportunity to continue the application by the Board of Zoning Appeals in order to make adjustments to his plan. Instead, due to incomplete findings, it was suggested that it be withdrawn to avoid rejection". Since the petition was withdrawn, not continued, a new review fee was required. The petitioner requests a waiver of this fee. FISCAL IMPACT: The required application fee for a variance is $425. If the fee waiver is granted, it will be necessary to reduce General Fund (001) Reserves in order to transfer funds to the Community Development Fund (113) to defray the review and processing costs of the permit. The Planning Services Department will submit a budget amendment request at the end of the fiscal year to cover all fee waivers approved by the Board. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Only the Collier County 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 waiver application on a case by case basis. PREPARED BY: CUR~'I~T PLANNING ~,~ VIEWED BY: CURRENT PLANNING MANAGER DATE DATE RbBL~RT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE A P P~O~ BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARYNARIANCE FEE WAIVER 2 JOSEPH SABATINO 9624-102 CRESCENT LAKE DR. NAPLES, FLORIDA 34109 RECEIVE- Feb. 22, 2000 FEB 2 9 2000 Collier County Planning Commission and Board of Zoning Appeals 2800 North Horseshoe Drive Naples, Fl. 34104 Re: Resubmission of Variance Petition V-99-25 Dear Commissioners, , I/ 200 0 8 :4 The applicant is requesting the resubmission of former Variance Application/fV-99-25 This could be considered as a continuation of discussions regarding the former request as it stood after review by the CCPC at their meeting dated 12/16/99 and after review by the Board at the Zoning Appeals Hearing dated 1/25/00. Attached is the complete former submission, CCPC formal recommendation and Executive Summary which is intended to be part of this resubmission. The Applicant unfortunately was not given the oppommi~ to continue t~Pplicati~nbv the BoardS: Zoning Appeals in order to make adjustments to his plan. Instead duc to incomplct~]~6din~ it suggested that it bc wi~wn to avoid rejection. This resubmission is intended to respond to two salient objections which were voiced at the Board of Zoning ~ Hearing Regarding the issue of a sideyard ~ariance along existing lots 4/39 and #16. It is proposed that no side yard variance is sought on the side yard where proposed dwellings adjo'm these t~'o existing d~-ellings, however the (opposite side) other side yard, although having the normal 7.5 feet, would adjoin the zero lot line side of the proposed dwelling This can best be seen on the attached revised site plan~ This is an important feature in order for the plan to work as a six unit single family detached courtyard development. If this variance were permitted. four dwellings would be full courtyard designs and two dwellings would be modified courtyard designs. This would satiffy the applicant's design goals for the most part. Regarding the unresolved issue of courtyard wall height. Courtya. rd dwellings generally should be permitted on the typical Naples Park lots. They would serve to enhance and improve a narrow lot condition that exists throughout the Park. The ~ of a Courtyard style dwelling is to internalize views and create privacy and security that would normally not exist in the absence of the wall. This .level of security and privacy would not be accomplished if a tall person (over six foot) was able to peer over or reach the top of a six foot high wall. The solution to this potential problem would be to allow for the higher x,all, not to exceed 7 feet. This applicant would be w~:!!ing tocompromise the wall height to 6 feet 8 inches the height of a normal door. This height is a minimum height for adequate security and privacy. Finally, it is formall), requested that a fee w~_'vet be granted for this application due to the circumstances indicated above with regard to the resubmission. Thank you kindly for )'our consideration. ph: (941) $98-1126 fax: (941) 593-0131 · mail: jcsabfd._~ao!.com EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TO COVER PERMITTING COSTS FOR 35 UNITS TO BE BUILT BY THE COLLIER COUNTY HOUSING AUTHORITY IN IMMOKALEE. OBJECTIVE: To have the Board of County Commissioners approve a budget amendment to offset permitting costs of 35 affordable housing units to be constructed in Immokalee by the Collier County Housing Authority (CCHA). CONSIDERATIONS: On October 18, 1994, Fred Thomas, Jr., Executive Director of the CCHA, appeared before the Board of County Commissioners (Agenda Item 7C) and requested a waiver of rezoning fees, environmental impact study fees, site development plan fees, and building permit fees in conjunction with the construction of 80 units of farm labor housing on land in Immokalee which has been donated by the Barron Collier Group as part of their Grey Oaks Development of Regional Impact (DRI) process. It was pointed out during this hearing that the impact fees for this project are waived by a previous ordinance which provides that publicly owned residential housing is exempt from impact fees. The Board of County Commissioners voted unanimously to waive these fees; however, since the waiver of these fees would affect the self-supporting Community Development Fund (113), the Board requested that staff identify a funding source from which these fees can be paid. This matter did not come back before the Board until 1998, by which time the CCHA had secured funding for thirty-five (35) of the aforementioned units. Agenda item #16A.(10) on the Board Agenda of November 3, 1998, sought approval of a Budget Amendment in the amount of $13,909 to cover permitting costs for these 35 units and identified General Fund Reserves (001-919010) as a funding source. The Board approved this Budget Amendment. The CCHA has now secured funding for an additional 35 of these 80 units and anticipates applying for permits for those units within the next few weeks. A preliminary review of the plans has indicated that permitting fees would be as follows: 9 duplex buildings (18 units) 10 - 3 Bedroom SF homes 7 - 4 Bedroom SF home $670.00 ea. = $ 6,030.00 $436.20 ea. = $ 4,362.00 $478.80 ea. - $ 3,351.60 TOTAL $13,743.60 Unless all inspections are passed at the time of the initial inspection, additional fees could be assessed for re-inspections. Re-inspection fees are $25 for the first re-inspection; $40 for the second re-inspection; and $50 for the third and each successive re-inspection. The amount of re-inspection fees can ~ot be MAY 2 3 2000 calculated prior to issuance of the building permits and start of construction; however, it is estimated that these fees could be as much as $1,000. The Board recently adopted a policy not to waive fees in FY 01. However, this request is an anomaly in that the issue of waiving the fees was actually approved in 1994; but, no funding source was identified at that time. It was not until the funding was secured by CCHA in 1998 for construction of the first phase of the prcject that the matter came back before the Board for identification of a funding source. Since funding had not been received for construction of all of the units and it was not possible to predict what the permit fees would be at the time funding was received for the additional units, the 1998 request was only for fees for the first 35 units of this project. GROVVTH MANAGEMENT IMPACT: None. This development was approved as a part of the Grey Oaks Development of Regional Impact (DRI) process. FISCAL IMPACT: The building permit costs for these 35 units would be approximately $13,744 plus an additional $1,000 as a contingency to cover the cost of any re-inspections that may be required. Funds for these permit fees are available in General Fund reserves (001-919010). RECOMMENDATION: That the Board of County Commissioners approve a $14,744 budget amendment from General Fund reserves to cover the fees for building permits for the 35, units to be built by the Collier County Housing Authority. , /Z · Johnnie' Ge .b~hardt, C/uS~d',mer ~ervic/e Supervisor · Buildi_n_,g~~r~!tt'!n?~.. ~/ Edward S. Peri~o~A3ireCtor Bui~li~Review & Per./n~l:ing ~rincent A. Cautero, AICP,---~.~dministrator Community Development and Environmental Services NAY 2 3 2000 Page 1 of 1 thie Item ~m~]lme that ordinance, ~tGd7 ~eem, ~tB ~mvelo~me~t .o, 8[}0,,'~ 24 .../LFImageDisplay. exe?doc=9136&page= 13 &fit= 1 &xlen=640&ylen= 1000&xsource=2 MAY 2 3 2000 }4 Pi/_05/2000__~ Page 1 of 1 t~a great mppl~cst~0n ~a~l approprt~ts far o;~rova~, Mr, Tho~eaW ~ndJ;etsd thmt cLsare~=s tar the preJsct hmm rece~ve~ $rom the De~,r~ment o~ oam~ a~d ~%m~ uut en~m mnvlra~ments! waste funds on conmultsn~ foam, I:mtf to perform the reviews, HE recommends& that ~e6 h~m meeond. BPBOZAL ~ liSZT fl~ - NAIV~ Of ~l~ FI~:T ff~ .../LFImageDisplay.exe?doc=9136&page= 14&fit= 1 &xlen=640&ylen= 1000&xsource: MAY 2 3 2000 ~.3~/ U3/U3//.UUU EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF TRAFFIC SIGNAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF THE COUNTY-WIDE COMPUTERIZED TRAFFIC SYSTEM SIGNAL IMPROVEMENT PROJECT (PHASE I). OBJECTIVE: To adopt a Resolution to acquire by condemnation of traffic signal easements required to complete the County-wide Computerized Traffic System Signal Improvement Project (Phase I), (hereinafter referred to as "the Project"). CONSIDERATION: In 1997, the Board of County Commissioners approved a Joint Participation Agreement, (hereinafter referred to as "JPA") with the Florida Department of Transportation, (hereinafter referred to as "FDOT") to approve funding for the Project. In May of 1998, the Final Report was presented to the Board stating that FDOT has funded and managed the design process for the Project. On March 14, 2000, Agenda Item 8(b)(3), the Board was advised that the design process for the Project is complete and FDOT will be advertising for bids for construction in the upcoming Fiscal Year (commencing July 2000). The Project consists of placement of a "backbone" fiber optic cable trunk line and improvements to sixty-six (66) intersections in both unincorporated Collier County and the City of Naples. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the intersection improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: The Project cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $247,242.00, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment for the easements referenced in Exhibit "A", required to complete the Project. Funds in the amount of $247,242.00 are available in Fund 313, Advanced Right-of-Way. GROWTH MANAGEMENT IMPACT: The project is vital to the public health, safety and welfare that the Project be built and maintained to a standard that satisfies both' legal requirements and the needs and desires of Collier County citizens. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by condemnation the traffic signal easements required to complete the County-wide Computerized Traffic System Signal Improvement Project (Phase I); (2) Authorize the Chairman to execute the attached Resolution. Real Property Management Department DATE: REVIEWED BY: Edward J. Kant, ~.2E, DireCtor Transportation Services Director ~_~t~r~/i~in n, I~in~Admini~ti~ator Public Works Division DATE: DATE HAY 2 3 2OOO PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT,, Project: 60171 Parcel: 104 Folio: 26731200001 TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION THE SOUTH 20 FEET OF THE NORTH 55 FEET OF THE F_AST 10 FEET OF LOT 27 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.S. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PRE~PARED BY: /? COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES' FLORIDA 34111 ~ NO. JANUARY 19. 2000 STWR615S M,~E-'~ 13~1~)0a 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 AND IT IS FLIRTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real properly interests described Exhibit "A" to wit: perpetual, non-exclusive traffic signal easements. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to mu'nediately acquire by condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution adopted on this day of 2000, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By:. TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: H~idi F. Assistant County Atlomey Page 2 MAY 2 3 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY Project: 60171 Parcel: 106 Folio: 6194020000t TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION BEGIN AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF FLEICHMANN BOULEVARD AND THE WEST RIGHT OF WAY LINE OF GOODLETrE-FRANK ROAD; THENCE EASTERLY ALONG THE WEST TO EAST PROLONGATION OF SAID NORTH RIGHT OF WAY LiNE OF FLEICHMANN BOULEVARD A DISTANCE OF 132.8 FEET MORE OR LESS TO THE EAST RIGHT OF WAY LINE OF GOODLETTE-FRANK ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 16 FEET; THENCE EASTERLY AND PERPENDICULAR TO, SAID EAST RIGHT OF WAY, A DISTANCE OF 12 FEET; THENCE NORTHERL ALONG A LiNE LYING 12 FEET EAST, AS MEASURED PERPENDICULAR TO, SAID EAST RIGHT OF WAY LINE A DISTANCE OF 16 FEET; THENCE WESTERLY A DISTANCE OF 12 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) ~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF PREPARED BY: COL,,ER COU.~ .U~UC WO~S 3301 E. TAMI~I T~IL EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~ .o~' ~o SCA,E .,AN~,^Rv ~o: 2000S~R188/~ ~ ~1 ~lji:~ .G. 11 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Project: 60171 Parcel: 1 0 1 NOT A SURVEY Folio: oo3a67O5Ol EXHIBI TRAFFIC SIGNAL EASEMENT LEGAL DESCRiPTiON BEGIN AT THE POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD AND THE WEST TO EAST PROLONGATION OF THE SOUTH RIGHT OF WAY LINE OF NORTH ROAD AS SHOWN ON THE PLAT THEREOF, C.W. HUDDLESTON'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,THENCE SOUTHERLY ALONG SAID WEST RIGHT OF WAY OF AIRPORT ROAD A DISTANCE OF 12 FEET; THENCE WESTERLY ALONG A LINE LYING 12 SOUTH, AS MEASURED PERPENDICULAR TO, SAID WEST TO EAST LINE A DISTANCE OF 15 FEET; THENCE NORTHERLY ALONG A LINE LYING 12 FEET WEST, AS MEASURED PERPENDICULAR TO, SAID WEST RIGHT OF WAY LINE OF AIRPORT ROAD A DISTANCE OF 12 FEET; THENCE EASTERLY ALONG SAID WEST TO EAST PROLONGATION LINE A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.OB. = POINT OF BEGINNING 3) SEC, = SECTION PREPARED BY: 7} ALL DISTANCES ARE IN FEET ~D DECIMPS THEREOF 3301 E. T~IAMI T~IL 8) NOT VALID UNLESS S~GNED AND S~ALEO WITH THE NAPLES, FLORIDA 34 ~ A PROFESSIONAL ~D SURVEYOR PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY Project: 60171 Parcel: 108 & 109 Folio: 679933600( TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION THE NORTH 20 FEET OF THE EAST 10 FEET AND THE NORTH 10 FEET OF THE SOUTH 130 FEET OF THE EAST 10 FEET OF LOT 3, BLOCK "A" OF THE PLAT THEREOF POINCIANA VILLAGE UNIT 1, AS RECORDED IN PLAT BOOK 8, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) ROB. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WiTH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: / R. R,C.MOND . coLmR couur PU.L,C 3301 E. TAMIAMI T~IL NAPLES, FLORIDA 34~3 'A ' ' ' [ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT Project: Parcel: Folio: 60171 103 0027416000~ TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION THE souTH 35 FEET OF THE EAST 20 FEET OF THE WEST 70 FEET OF THE FOLLOWING DESCRIBED PARCEL; THE WEST HALF OF THE WEST HALF OF THE NORTH 631.24 FEET OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25, EAST, COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) PO.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC, = SECTION 4) TWP, = TOWNSHIP 5) RGE = RANGE 6) PJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR .......... .y SC~l~OT TO SCALE PREPARED BY: :L/ .... 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34111 I 2 3 4 5 6 8 9 Io I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 4o RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF NON-EXCLUSIVE , PERPETUAL TRAFFIC SIGNAL INTERESTS BY EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF THE COUNTY-WIDE COMPUTERIZED TRAFFIC SYSTEM SIGNAL IMPROVEMENT PROJECT (PHASE I) WHEREAS, the Board of County Commissioners, in 1997, approved a Joint Parncipation Agreement (JPA) with the Florida Department of Transportation (FDOT) to approve funding for the County-wide Computerized Traffic System Signal Improvement Project (Phase I); and WHEREAS, the Final Report was presented to the Board of County Commissioners in May of 1998 stating that FDOT has funded and managed the design process for the County-wide Computerized Traffic System Signal Improvement Project (Phase I); and WHEREAS, on March 14, 2000, the Board of County Commissioners was advised that lhe design process for the County-wide Computerized Traffic System Signal Improvement Project (Phase I) is complete and FDOT will be advertising for bids for construction in the upcoming Fiscal Year (commencing July 2000); and WHEREAS, the County-wide Computerized Traffic System Signal Improvement Project (Phase I) consists of placement of a "backbone" fiber optic cable trunk line and improvements to sixty-six (66) intersections in both unin9orporated Collier County and the City of Naples; and ' WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached herelo and incorporated herein; and WHEREAS, after consideration of the availability of ahemate routes and locations, the comparative costs of project ahematives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the County-wide Computerized Traffic System Signal Improvement Project (Phase I), (hereinafter referred to as "the ProJect") is necessary and in the publids best interesl in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort and is consistent with the 1997/PA with FDOT. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. Pa~e 1 MAY 2 3 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM1 TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT Project: Parcel: Folio: 60171 105 0027416000~ TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION THE SOUTH 20 FEET OF THE NORTH 80 FEET OF THE EAST 15 FEET OF THE WEST 65 FEET OF THE FOLLOWING DESCRIBED PARCEL; THE WEST HALF OF THE WEST HALF OF THE NORTH 631.24 FEETOF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25, EAST, COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PREPARED BY: / cOmER cou.w PusL,c WOR <S 3301 E. TAMIAMI TRAIL NAPLES'FLORIDA3~'-!!-~ ' A¢.~M I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT_J L.. TRAFFIC SIGNAL EASEMENT Project: Parcel: Folio: 60171 100 70720440006 LOT 30 BLOC S 89°26'18"W LOT 31 +~ ~' 60.00' < '~ P.O.B. DAVIS BOULEVARD (S.R. 84) LEGAL DESCRIPTION BEGIN AT THE SOUTHEAST CORNER OF LOT 31 ,BLOCK "A" OF THE PLAT THEREOF, ROCK CREEK PARK, AS RECORDED IN PLAT BOOK 1, PAGE 79, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S 89'26'18" W ALONG THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD 10.00 FEET; THENCE N 44'33'59" E 14.17 FEET TO THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD; THENCE S 00°18'21" E ALONG SAID WEST RIGHT OF WAY LINE 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 50 SQUARE FEET MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD BEING S 89°26'18" W. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RTW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE EPARED BY: COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34.'~~ 24, 20" ''E ~AVLITE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PARCEL 'A" x' ~.o.~. GOLDEN GATE PARKWAY (C.R. 886) Pro~ect: Parcel: Folio: P.O.C. 60171 107 00274160006 Cur~c Dc0a Angie Rad~u~ Arc Tangem Chord Chord B~anng I 42"25'54' 67.00 49.62 2601 48.49 S 21o19'40" W 2 21~56'45' 67.00 25 66 12.99 2551 S I 1°05'05" W 3 11°36'57' 67,00 13 58 6.~1 13.56 $ 27~51'56' W COMMENCING AT THE POINT OF INTERSECTION OF THE FORMER NORTH RIGHT OF WAY LINE OF GOLDEN GATE BOULEVARD AND THE FORMER WEST RIGHT OF WAY LINE OF AIRPORT ROAD AS DEPICTED IN O.R. 2064, PAGE 1159, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA; THENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 47.59 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 17 SECONDS WEST, A DISTANCE OF 29.17 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID PRESENT RIGHT OF WAY LINE AND CONTINUING WEST ALONG SAID LINE, A DISTANCE OF 16.25 FEET; THENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 22.56 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND A POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 67.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 36 MINUTES 5'] SECONDS, AND A CHORD OF 13.56 FEET BEARING SOUTH 27 DEGREES 51 MINUTES 56 SECONDS WEST; THENCE SOUTHWEST ALONG SAID CURVE, A D1STANCE OF 13.58 FEET TO THE POINT OF BEGINNrNG; SAID DESCRIBED TRACT CONTAINING 0.005 ACRE (236 SQUARE FEET), MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B- = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RAN =, RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PREPARED BY: COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA '~ .ARC. ooo PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY TRAFFIC SIGNAL EASEMENT LOT 79 COCONUT RIVER UNIT 1 N 89°39'15"E 240.00' S 89°39'15"W 240.00' OUTRIGGER LANE Project: 60171 Parcel 102 Folio: 002691200 P.O.B. LEGAL DESCRIPTION BEGIN AT THE SOUTHEAST CORNER OF LOT 79 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1 AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SAID POINT OF BEGINNING LYING ON THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD; THENCE S 00'42'05" E ALONG SAID RIGHT OF WAY 20 FEET; THENCE S89"39'15" W 10 FEET; THENCE N 00'42'05" W 20 FEET; THENCE N 89"39'15" E 10 FEET TO THE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR JANUARY 19, 2000 PREPARED BY: 3301 E. TAMIAMI TRAI .G.__ 7 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL UTILITY AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE THIRTY (30") INCH PARALLEL SEWER FORCE MAIN ALONG IMMOKALEE ROAD AND WITHIN CREEKSIDE COMMERCE CENTER, PROJECT 73943. OBJECTIVE: To adopt a Resolution to acquire by condemnation of non-exclusive, perpetual utility and temporary construction interests by easement required to complete the Thirty (30") Inch Parallel Sewer Force Main along Immokalee Road and within Creekside Commerce Center, (hereinafter referred to as "the Project"). CONSIDERATION: On July 22, 1997, the Board of County Commissioners adopted the 1997 Wastewater Master Plan Update for the North County Service area. One of the recommendations in the Master Plan Update was to install a new 30-inch parallel sewer force main along the Immokalee Road segment located between U.S. 41 and Goodlette-Frank Road and finally connecting to the North Water Reclamation Facility. On July 28, 1998, Agenda Item 16(b)(4), the Board approved the final ranking of consultants and entered into Contract 98-2790 with Greeley & Hansen for design and construction services for the proposed new 30-inch Parallel Sewer Force Main. Various design options were presented and discussed with the property owners. Staff has reviewed alternative locations, enviromnental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and staff has determined that the most feasible location for the utility improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. FISCAL IMPACT: The sewer force main cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $249,358.00, and includes all land, improvements, and severance damage pay- outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment for that non-exclusive, utility and temporary construction interests by easement referenced in Exhibit "A", required to complete the Thirty (30") inch Immokalee Road Parallel Sewer Force Main Project. Funds in the amount of $249,358.00 are available in Fund 413, Sewer Impact Fee Fund. 2 3 2GO0 p~. t GROWTH MANAGEMENT IMPACT: The 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 of County Commissioners on July 22, 1997, Items 12(c)(4) and 12(c )(5). RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project, find that the most feasible location for the utility improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution; (2) Adopt the attached Resolution authorizing the acquisition by condemnation of non- exclusive, perpetual utility and temporary construction interests by easement required to complete the Thirty (30") Inch Parallel Sewer Force Main along Immokalee Road and within Creekside Commerce Center; (3) Authorize the Chairman to execute the attached Resolution; SUBMITTED ~.' 'I'~; 'x~xkC~ ~ ToD~'Y~!~tt,"'~SeniSr ~;~e~'~iaiis( Real Property Management Department W WED ~ohan V. Thanpi, P.E'., erdject Manager Public Works Engineering Department ~ Public W~ks E~er~ D~ent ~hr~Finn, ~ier[m Administrator Public Works Division DATE:~'-/~ DATE: DATE: ~//~ MAY 2 RESOLUTION NO. 2000- 1 2 3 4 5 6 7 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF NON- 8 EXCLUSIVE: PERPETUAL UTILITY AND TEMPORARY CONSTRUCTION INTERESTS BY 9 EASEMENT FOR THE CONSTRUCTION OF THE THIRTY (30") INCH PARALLEL SEWER FORCE 10 MAIN IMPROVEMENT PROJECT ALONG IMMOKALEE ROAD AND WITHIN THE CREEKSIDE 11 COMMERCE CENTER. 12 WHEREAS, the Board of County Commissioners, on July 22, 1997, adopted the 1997 Wastewater Master Plan 13 Update for the North County Service area in order to establish priorities for the design, acquisition and construction of 14 the various wastewater capital improvement projects; and 15 WHEREAS, the Thirty (30") lnch Parallel Sewer Force Main Improvement Project along lmmokalee Road and 16 within the Creekside Commerce Center is one of the wastewater capital improvement projects required under the 1997 17 Wastewater Master Plan Update for the North County Service area; and 18 WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is 19 collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. 20 WHEREAS, after consideration of the availability of alternate routes and localions, the comparative costs of 21 project alternatives, various impacts upon the environment, long range planning options, and public safety 22 considerations, the Board desires to exercise its right to condemn property for public purposes. 23 'i NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 24 COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Thirty (30") 25 Inch Parallel Sewer Force Main Improvement Project along lmmokalee Road and within the Creekside Commerce 26 Center, (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the 27 health, safety and welfare of the citizens of Collier County. 28 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range 29 planning effort, and is included in the 1997 Wastewater Master Plan Update for the North County Service area, as 30 approved by the Florida Department of Conu'nunity Affairs. 31 AND IT IS FURTHER RESOLVED that the County Staff has reviewed ahemative locations for the project, 32 various impacts to the environmental, public safety and welfare considerations associated with the design and 33 construction of the project, and the costs associated with the design, property rights acquisition, and construction of 34 the project; and the Board finds that after consideration of these issues, the most feasible location for construction of 35 ~ the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached 36 hereto and incorporated herein. 37 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the 38 Board to acquire the various real property interests described Exhibit "A" to wit: perpetual, non-exclusive utility and 39 temporary construction interests by easement. 4O 41 Pa~e 1 MAY 2 3 20DO 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FLIRTHER RESOLVED that the County staff is hereby authorized to immediately acquire by condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property soughl to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution supercedes Resolution 2000-113 approved by the Board of County Commissioners on April 11, 2000, llem 8(b)(5). This Resolution adopted on this day of ,2000, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGIIT E. BROCK, CLERK By:. TIMOTIIY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. X-s"hton ' Assistant County Attorney Page 2 MAY 2 3 2000 S~H '"0 ACCOI~ANY D]!~SCF~0NS UTIUTY &: TEMPORAil CONSTRUCTION EASEMENTS ALOr~G IMMOKAIFF RD SECTION 27, TOWNSHIP 4.8 SOUTH, RANGE 25 EAST, COLLIER COUNT~'_~, FLORIDA STRAP No. 4,82527001.0013A27 OCEAN BOULEVARD PARTNERSHIP UTILITY EASEMENT & TEMPORARY CONSTRUCTI%N. EASEMENTS NW CNR SEC 27 ./~POC' DESC · .~/NORTH LINE OF NW./4 SECTION 27 s89'04'o3'£ g~l ?OB DESC 1 ' - - -- - ' )0 ,, ....~, :"Li~2'IHHI]KAL££ FIrlAD (CR 846) ~ ~ ~89'04-'03'E 573,46' l' __ . / L~ ~o 1~ N86'12'I8*W ~62."='=' .-- o~ 8 ~ '- POB DESC '~^uc.'mu,'."n,-.., I~....~"~ ~il~..~ ! ~ CONSTRUCTION N89'04 03 W 147.90 ........... PART nF DR 1394 PG 1675 PARENT PARCEL! 33,79 Ac RENAINS~ LINE TABLE LINES LENGTH BEARING L1 7.02 N45'28'51"E L2 28.06 N45'28'51"E L3 20.00 S00'02'35"W L4 81.11 S89'04'05"E L5 L940.00S00'55'57"W L6 L10 40.00 N89'O4'O3"W L7 Lll 40.00 NOO'55'57"E L8 101.42 N89'O4'O3"W L12 L1340.00 S89'04'03"E LB 642~ ~~S89~,~0 ~... ,~.~.o~-w ~ / DETAIL 1"' 20' N89'57'49"W 1245.00' · ACREAGE NET DF PERMANENT UTILITY EASEMENT DNLY PROJECT: 73943 PARCEL: 901/701/702 FOLIO: 00167800004 JEFFREY C. COONER AND ASSOCIATES, INC. OCT 14, 1(; SURVEYING AND MAPPING ,,,.,,. ~- ..- _ ,.,,-,,-,. ,3900 COLONIAL BOULEVARD. SUITE 2, FoRm aYERS. FLORIDA 33912 ~'"'~'"'~[..~.~.~* ~i,---~ PHONE~ (941)277-0722 FAX~ (941)277-717g EMAJI'- SURVEY~ER~C~ ,j~:'; PG. ~ SKETCH ACCOMPA]FY DESC"Sv['[ON UTlUTY &: TEMPO,,,-~RY CONSTRUCTION EASEMENTS ALONG ,klMOKALEE RD SECTION 27, TOWNSHIP 4,B SOUTH, RANGE 25 EAST, COLMER COUNTY, FLORIDA % ASPH -, ASPHALT B - BEN~NG OF' CHORD Bla - BENCH MARK BP - BIKE PATH BO .- BRIDGE BOB .= BOTTOM OF BANK BLD~ .,. BUILDING BC ,- BOX CULVERT C .- CHORD ~ .-CURB&GUTTER C8 -. CATCH BASIN CDB -- CHORD BEARING CL - CENTERUNE: ~ - CHAIN LINK FENCE CO .- CLEANOUT CONe -. CONCRETE - CONCRETE DRIVEWAY CHR - CORNER PRM CP ,- CONCRETE POST PP CW - CONCRETE WALL R Ct,IP,,. CORRUGATED METAL PiPE RR CPP -. CORRUGATED PLASTIC PIPE RRS D -,, DEED OR DELTA ANGLE RES DO ,-DIRT DRIVEWAY ROW DS - DESCRIPTION RCP DH ,=DRILL HOLE RGE EP ..EDGE OF PAVEMENT RRP FIF'V'-ELEVATION F .-FIELD OR ~EASURED SSP FC .-FENCE C(:X~ER SP FH - FIRE HYDRANT SW FDOT - FL. DEPT. OF' TRANSPORT SI FP&::L-FLORIDA POWER AND UGHT ST FND - FCXJND T GS - GROUND SHOT TOS GDR - GUlL TOIB GWP - GUY ~RE POLE TR HW - HEADWALL TYP INV - IN~'ERT UG IP - IRON PIPE USH IP&C .-IRON PIPE & CAP UTV IR .-lEON RO0 IRC -.IRON RO0 & CAP KSY - KUNDE, SPRECHER, YASt<3N WF L - LENGTH LP - U(~iT POLE LS - LAND SURVEYOR :1: NOTES. 1. THIS SKETCH IS NOT A SURVEY. NOR UH - MANHOLE UB .- MEIER BOX MON .- MONUMENT NW .- NNL & WASHER OH - O~:~-IEAD OR - OFRClAL RECORD PAVT - PAVEMENT PK - PK NNI. PK&W- PK NAIL & WASHER P "- PLAT PB -- PLAT BOOK PCP - PERt4ANENT CONTROL POINT ,., PAGES PK ,.. PARKER KAYION NAJL - POINT OF BEOINNINO · . POINT OF COMMENCt'~/ENT · . PERMANENT REi:ER/:NCE: IdARK - POWER POLE - RADIUS · -RAILROAD RNL - RAILROAD SPIKE - RESERVED =,RIGHT--OF-WAY - REINFORCED CONCRETE PIPE - RIP RAP · -SANITARY ~ MANHOLE ,=SER~'ICE: POLE - SEWER PIPE · ,,SIGN · =TANGENT · .TRAFFIC EGHT CONTROL BOX . Tin Fla..lONE POLE ~ OF BANK TOWNSHIP -TREE - 'rYPICAL - UNDERGROUND -,UG SPRINKLER HEAD · =UNDERGROUNDT.V.BOX ,=WATER METER - WA'E:R PIPE - WIRE FENCE - WOO0 DE:CK · .DELTA ANGLE ,=MORE OR LESS/APPROXIMATE EXH!IJ 3 IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 2. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-.30-98 TO 10-14-99. 5. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 4. BEARING BASIS IS FOR THE NORTH LINE OF THE NW/4 OF SECTION 27 TO BEAR S89'04'05"E. JEFFREY C. COONER AND ASSOCIATES, INC. OCT 14,1999 ' SURVEYING AND MAPPING ,3900 COLONIAL BOULEVARD, SUITE 2, FORT MYER~ FLORIDA 33912 PHONE.: (941)277-0722 FAX: (941)277-7179 EMAIL: SURVE'Y~OONER. OOM RAY2 3 ZLTLiU PG. /~ DESCRIPTION STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A 20 foot wide tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest comer of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.K 45) for 125.02 feet to the south line of Immokalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 7.02 feet to the Point of Beginning. From said Point of Beginning continue along said southerly line the following courses and distances: N 45© 28' 51" E for 28.06 feet, S 89° 04' 03" E for 573.46 feet; S 86© 12' 18" E for 500.61 feet, S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida; thence run S 00© 02' 33" W along said westerly line for 20.00 feet to an intersection with a line parallel with and 20 feet southerly of(as measured on a perpendicular) said south line of Immokalee Road; thence run the following courses and distances along said parallel line: N 89© 04' 03" W for 147.90 feet, N 86© 12' 18" W for 500.62 feet and N 89© 04' 03" W for 592.63 feet to the Point of Beginning. Containing 24,600 square feet more or less or 0.57 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89© 04' 03" E. Jeffrey C. Coonet Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) 2000 EY HIB _ DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT "A" D.,c:~ ~ '~ STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A tract or parcel of land for a temporary construction easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest corner of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.R. 45) for 125.02 feet to the south line of Immokalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 7.02 feet to an intersection with a line parallel with and 20.00 feet southerly of(as measured on a perpendicular) the south line of said Immokalee Road; thence run S 89° 04' 03" E along said parallel line for 81.11 feet to the Point of Beginning. From said Point of Beginning continue along said parallel line S 89° 04' 03" E for 40.00 feet; thence run S 00° 55' 57" W for 40.00 feet; thence run N 89° 04' 03" W for 40.00 feet; thence run N 00° 55' 57" E for 40.00 feet to the Point of Beginning. Containing 1,600 square feet more or less or 0.037 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) HAY 2 3 DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT "B" ~c:-, ,_ ~ \ STRAP NO. 482527001.0013A27, OCEAN BOULEVARD PARTNERSHIP A tract or parcel of land for a temporary construction easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest corner of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00© 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (S.R. 45) for 125.02 feet to the south line of Immokalee Road (C.R. 846); thence along said south line N 45© 28' 51" E for 35.08 feet; thence continue along said southerly line the following courses and distances: S 89° 04' 03" E for 573.46 feet; S 86© 12' 18" E for 500.61 feet, S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida; thence run S 00© 02' 33" W along said westerly line for 20.00 feet to an intersection with a line parallel with and 20 feet southerly of (as measured on a perpendicular) said south line of Immokalee Road; thence run along said parallel line N 89° 04' 03" W for 101.42 feet to the Point of Beginning. From said Point of Beginning run S 00° 55' 57" W for 40.00 feet; thence run N 89© 04' 03" W for 40.00 feet; thence run N 00© 55' 5T' E for 40.00 feet to said parallel line; thence run along said parallel line S 89° 04' 03" E for 40.00 feet to the Point of Beginning. Containing 1,600 square feet more or less or 0.037 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89© 04' 03" E. J~-rey C. Coo~er Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) NO. ^~ MAY 2 3 2000 SKETCH TO ACCOMP~ DES( ',IPTION ~ UTILITY EASEMENT, IMMOKALEE RD, SEC 27, T48S, R25E, COLLIER COUNTY, FLORIDA STRAP No.482527013.0003A27 OCEAN BOULEVARD PARTNERSHIP, II W. LINE OF SEC. 27 E. UTILITY EASEMENT PART '.".' F: np o ROW (SR 45) (US 41)/'~~tN__NW CNR SEC 27 FND CM__.//' I~N, POC DESC LB 642 / ~l '~,~S00'02'3~"W 12,5.02' LB 642 ~:1 ~, I~, NORTH UNE OF NW/4 SECTION 27 PAINT DF NW CN nR ;~009 POB DESC STRAP No.4.82527013,0003A27 OCEAN BOULEVARD PARTNERSHIP, II PARENT PARCEL REMAINDER +39.25 Ac* (:NET OF UTILITY EASEMENT ONLY:) L2_ 20 ~N72'lS'O6"W 127.68' NOl'39'OO"W 1474..30' ' CREEKSIDE :WAY, TRACT NOO'Ol'4-2"E 27.71' I_ 150' i- t I PROJECT PARCEL: I I I FOLIO: LINE TABLE LINE LENGTH BEARING L1 20.00~ NOO'O2'33"E L2 20.02 s01 '39'00"E NOO~1'42'E 100.97' WEST UNE OF NE/4 SECTION 2.7 _ _ : 73943 902 001680, JEFFREY C. 390o COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 PHONE: (941)277-0722 FAX: (94.1)277-7179 EldAll.: SURVEY~ER.COM COONER AND ASSOCIATES, INC.OCT 15,1999 SURVEYING AND MAPPING SCALE 1" = ,:300' MAY 2 3 200'~,J ACCOMPANY DEE ( ?.IPTION UTIUTY &: TEMPORARY CONSTRUCTION EASEMENTS ALONG IMMOKAI ~ RD SECTION 27, TO~4NSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA ASPH - ASPHALT MH - MANHOLE B - I~.ARINO 0~ CHORD MB - M~ ~X ~ ~ ~ PA~ NW - NNL ~ W~ ~ - ~NO PA~ - PA~T ~ - ~X ~T ~ - ~ N~ C - ~ ~- ~ N~L · ~ ~ - ~ · ~ ~- ~ N~ ~ W~ ~ - ~ B~ P - ~T ~ - ~ ~NO ~ - ~T~ ~ - ~~T ~ - P~ ~ ~L ~ - ~~ M~UM~T ~ - ~NT~~~T ~R - ~ ~ - ~~~~ ~ - ~~ W~ E - ~US ~P - ~GA~ M~ ~ ~ - ~0~ ~L O - ~ ~ ~TA ~ ~ "~~ ~ "~RT ~AY ~W - ~T~--WAY ~ - ~ ~ PA~T ~ - ~P ~ ~ - ~A~ ~H - ~IT~Y ~ M~ ~T - ~ ~T. ~~T ~ - ~ ~ - ~DA ~ ~D U~ ~ - ~ ~D - F~ND T - T~T ~ - ~M~T ~ - ~C U~T ~~ BOX ~ - ~ND ~OT ~ - ~ ~ ~ ~ - ~~L ~ - ~ ~ B~K ~ - ~Y~ ~ - ~IP HW - H~W~ ~ "~ INV - IN~T UG - UN~ND IP - ~ ~ U~ - UG ~~ H~ IP~ - ~ ~ · ~ U~ - UN~ T.V. ~X IR - I~ ~ ~ - WA~ M~ IRC - I~ R~ · ~ ~ - WA~ ~ K~ - I~N~ ~~ Y~N ~ - ~ ~ ~ - U~T~ 4 - ~TA ~ ~ - ~D ~R~ · - M~ ~ ~/~~A~ NOTES. 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 2. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THISFIRM FROM 9-30-98 TO 10-14.-99. 5. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 4.. BEARING BASIS IS FOR THE NORTH LINE OF THE NW/4. OF SECTION 27 TO BEAR S89'04'03"E. JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYINO AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORm MYERS, FLORIDA 55912 PHONE: (941)277-0722 FAX: (94.1)277-7179 EMAII. SURVEY~ER. COM OCT 14, 19. .... DESCRIPTION - UTILITY EASEMENT ~., ~ \ '~ "~ c :_ STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II A 20 foot wide tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: From the northwest corner of said Section 27, Township 48 South, Range 25 East, Collier County, Florida run S 00° 02' 33" W along the west line of said Section 27 and the east line of Tamiami Trail (SR. 45) for 125.02 feet to the south line of Immokalee Road (C.R. 846); thence along said south line N 45° 28' 51" E for 35.08 feet; thence continue along said southerly line the following courses and distances: S 89° 04' 03" E for 573.46 feet, S 86° 12' 18" E £or 500.61 feet, and S 89° 04' 03" E for 147.09 feet to a westerly line of lands described in instrument recorded in Official Record Book 2009 beginning at Page 1568 of the Public Records of Collier County, Florida to the Point of Beginning From said Point of Beginning continue along the south line of said Immokalee Road S 89° 04' 03" E for 621.23 feet to the west line of Creekside Way (Tract R) as shown on the plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57 and 58 of said Public Records; thence run S 01° 39' 00" E along said west line for 20.02 feet to an intersection with a line 20 feet south of and parallel with (as measured on a perpendicular) the south line of said Immokalee Road; thence run N 89° 04' 03" W along said parallel line for 621.82 feet to said westerly line; thence run N 00° 02' 33" E for 20.00 feet to the Point of Beginning Containing 12,430 square feet more or less or 0.29 acres more or less. Beatings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. ey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) MAY 2 3 SKETCH TO ACC0I/P~ DESCRIPTION UTIUTY EASE]dENTS ALONG CRE~KSIDE COMMERCE PARK WEST UNIT ONE PB 29. PGS 57 58 SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA STRAP No. 482.527013.0003A2.7, OCEAN BOULEVARD PARTNERSHIP, II DESIGN AND IMPLEMENTATION OF ;50-INCH PARALLEL SEWER FORCE MAIN UTILITY EASEMENT REV. POC DESC. -~ IMMOKALEE ROAD ~o~ D~o.~--~.. . '"'x (W~T. V^R,ES) , ~'o,~'o~' w '~.<__~'~,,, / /I, s ~'m'o7~ E ~ / ' I I P~RT OF OR 2009, P~6E 1~68 c ~ ~ om ~o STRAP ~o. 4825270q XOOOSA27 OCEAN BOULEVARD PARTNERSHIP, 11 PARENT PARCEL REMAINDER ~59.44 Ac* I 1: OHANGE BOUNDARY OF EASEMENT, 4/28/00 ·AGREAGE ~ PARENT PAROEL IS NET OF U~LI~ EASEMENT SHO~ ~LY. ~R~N~ ~D ~PIN~ (CR 8,~) PROJECT: PARCEL: FOLIO: 73943 903 00168040601 FEB. 19, 201. SCALE 1"=60' MAY 2 3 2000 .G. /,3 'L.SlGN SKETCH TO ACCOIfi: DESCRIPTION UTIUTY EASEMENTS CREEXSIDE COMMERCE PARK SECTION 27, TOWN~IP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA AND IMPLEMENTATION OF 50-INCH ASPH - ASPHALT MH BM - BENCH MARK MB BP '-- BIKE PAIH MON BOB - BOTTOM OF BANK OH - BC - BOX CULVERT PAVI' - C ~ C:I'I(~D PK CDB - Q. IORD BEARING P ,- CLF' - Q-INN LINK FENC~ PC~ - CD - CONCRE~ DRIVEWAY CNR - CORNE~ POC - CW - (~1~ WAll. PP - CMP - CORRUGA'TED M--~AL PII:~ R - D - ~ OR DELTA ANGIE RRS DO - DIRT DRI~:~iIfAY RES - DS - DESCRIPTION ROW - EP - EDGE OF PAVEMENT RGE F = RELD OR MF. AS~ SMH - FC - FENCE CORNER SSP - FH - FIRE HYDRANT SP - FOOT - FL. DEPT. OF TRANSPORT SW F'P~I.-FLORIDA POM~RAND UGHT Sl - FND - FOUND ST - Gov'r- GOVERNMENT T GS - GROUND SHOT 'IP - GOR - GUARDRAIL TOS ,,, G'YIP- GUY WIRE POLE TM~ ' HW - HEADWA/.J. TR - INV - INVI~RT TYP - IP - IRON PIPE UG - IR - IRON ROD UTV - IRC - IRON ROD & CAP WM - LP - UGHT POL~ WDF ,,,, LS - LAND SURVEYOR A - PARALLEL - ME1ER BOX SEWER FORCE MAIN NNL & WASHER OVERHEAD MRE OFFICIAL RECORD PAVEMENT PK NAIL PK NAIL & DISK PK NAIL Jr WASHER PlAT PLAT BOOK PERMANENT CONTROl. POINT PAGES PARKER KAYtON NAIL PERMANENT REFERENCE MARK RNLROAD RAIL RIGHT--~-WAY RIP RAP SANITARY SL:~ER MANHOLE SERVICE POLE TANGENT 'IRAFFlC UGHT CONTROL BOX ~ frei. lONE POLE TOP OF BANK TYPICAL UG SPRIN~ HEAD UNDERGROUND T.V. BOX WATER METER WAI~R PIPE MRE FENCE D~LTA ANGLE UORE OR LESS/APPROXlUATE EXH BtrT 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. ,.3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THISRRM FROM 9-.:30-98 TO 10-14--99 4.INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5.BEARING BASIS IS FOR THE NORTH lINE OF THE NW/4 OF SECTION 27 TO BEAR S89'04-'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. DESCRIPTION UTILITY EASEMENT '~, cz\ ~a ~'-,c '~ STRAP NO. 482527013.0003A27, OCEAN BOULEVARD PARTNERSHIP, II A tract or parcel of land for a utility easement lying in Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the intersection of the south line of Immokalee Road (C.R. 846) and the west line of Creekside Way (Tract R) as shown on plat of Creekside Commerce Park West-Unit One recorded in Plat Book 29, Pages 57-58 of the Public Records of Collier County, Florida; thence run S 01° 39' 00" E for 20.02 feet along the said West line of Creekside Way; Thence run N 89o04'03" W for 21.06 feet to the Point of Beginning. From said Point of Beginning run N 89° 04' 03" W along said south side of Immokalee Road for 28.94 feet; thence run S 45° 21' 07" E for 57.82 feet to an intersection with a line parallel with and 10 feet westerly fi'om (as measured on a perpendicular) said west line of Creekside Way; thence run S 01° 39' 00" E along said parallel line for 303.27 feet; thence run S 44° 22' 18" E for 14.74 feet to a southerly prolongation of said west line of Creekside Way and the west line of said Creekside Commerce Park West-Unit One; thence run N 0I° 39' 00" W along said west line and the west line of said Creekside Way for 332.58 feet; Thence run N 45° 21' 07" W for 30.45 feet to the Point of Beginning. Containing 4,062 square feet more or less or 0.09 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Revision: 4/28/00 Sheet 3of 3 PlAY 2 3 20OO ' SKETCH TO ACCOMPANY DESCRIFHON UTIUTY EASEUENTS IN CREEKSIDE COMMERCE PARK WEST UNIT ONE PB 29, PGS 57 58 SECTION 27, TOM~ISHIP 48 SOU'11-I, RANGE 25 EAST, COLUER COUNTY, FLORIDA s'n~AP No. 255900013A27, CREEKSIDE WEST, INC. DFSIGN AND IIdPLFIdF'NTATION OF' 50-INCH PARALL!:'/ SEWER FORel:' IdAIN N 01'39'00" W 15.42' '--'" N 4-4'22'18" W 86.76'~ S 4-4.'22'18" E 89.71'--~ UTILITY EASEMENT 73943 904 29331190644 REV. 1: CHANGE BOUNDARY OF EASEMENT, 4/28/00 N89'08'1 l"W 15.00' PROJECT: PARCEL: FOLIO: CREEKSIDE PARKWAY /S89'17'04"E 13.51'(TRACT R) TRACT "0" CREEKSIDE COMMERCE PARK WEST EXIST. 20' COUNTY UTILITY SIDEWALK EASEMENT CREEKSIDE COMMERCE PARK WEST - UNIT ONE PB 29, PGS. 57 &: 58 5 STRAP No. 255900015A27 CREEKSIDE WEST, INC. PARENT PARCEL REMAINDER + 0.99 Ac* ----. *ACREAGE OF PARENT PARCEL IS NET OF UTILITY EASEMENT SHOWN ONLY. JEFFREY C. COONER AND ASSOCIATES, INC. I~". ~'~, 2000 I SURVEYING AND MAPPING ! SCAI F 1",=100' I 3900 COLONIAL BOULEVARD, SUITE 2, FORm MYERS, FLORIDA 53912 I ~~ ,,./I~RoPOSED CREEKSIDE BOULEVARD (64.' ~DE) TRACT "R" CREEKSIDE COMMERCE PARK WEST UNIT 2 DESIGN ASPH - ASPHALT BM - BI~ICH MARK MB - BP - BIKE PATH MON BG - BR~ NW - BOB - BOT30M OF BANK OH - BU:)O - BUILDING OR BC - BOX CULVERT PAVT C -CHORD PK C8 - BEARINO OF CHORD F'Ka~/- COg - CHORD BEARING p ,,, CD - CONCRE~ DRIVEWAY PO8 cP - CONCRETE POST PRM - CW - CONCRETE WALL PP -- CMP ~ CORRUGATED METAL PiPE R D .. I~ OR I~TA ANGIE RRS .. DO - DIRT DEl.'WAY RES DS - DI~PllON ROW DH - DR!M. HOLE RCP EP - EDGE OF PAVEMENT RGE F - FIELD OR MEAS~ SMH FC - FENCE CORNER SSP - FH - FIRE HYDRANT SP FOOT - FL DEPT. OF 1RANSPORT SW FPad. - FLORIDA PO~:R AND MOHT Sl FND - FOUND ST GOVT - GOVERNMENT T GS - GROUND SHOT TP GOR - GUARDRNL TOS GW -- GUY WIRE TOI~ HW - HEADWALL TR - INV - INVERT TYP IP - IRON PIPE UO IP~C - IRON PIPE& CAP USH - IR - IRON RO0 UTV - IRC - ~ ROD & CAP WM KSY - KUNDE, SPRE~ YASKIN ~ L ..LENGTH ~W - LP -- LS - SKETCH TO ACCOMP DESCRIPTION U'I1UTY EASEMENTS CREEKSIDE COMMERCE PARK SECTION 27, TOt~ISHIP 48 S(XJTH, RANGE 25 EAST, COCUE~ COUNTY, FLORIDA AND IMPLEMENTATION OF SO-INCH PARALLEL SEWER FORCE MAIN MH -- MANHOLE MEIER BOX MONUMENT NAIL & WASI'IEI~ OMr'J~EAD MRE OFFICIAL RECOI~ PAV!~,~ENT PKNNL PK NAIL & D~K PK NNL & WASa"IER PLAT PLAT BOOK PERMANE]~ CONTROL POINT PAGES P~ KAYtON NAIL POINT OF BEGINNING POINT OF COMMENCEMENT PERMANENT ~CE MARK RAmUS RAItJ~:)AD RAIL EIGHT-O~-WAY SANITARY SL~ MANHOLE TANgeNT 3RAFRC UGHT CON1ROL BOX TOP OF BANK TOWNSHIP UG SPRINKLER HEAD UNDI~ T.V. BOX WATER M~ WATER PIPE WIRE FENCE UGHT POLE ~ - WO(X) FENCE LAND SURVEYOR & - DELTA ANGI. E d;: m MORE OR LESS/APPROXIMATE 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VAUD WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS RRM FROM 9-30-98 TO 10-14-99 4. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS tS FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR S89~)4'03'E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING OCT 14. 1999 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 PHONE (941)277-0722 FA~ (941)277-7179 EMAII-' SURVEYOR C~ER.COM MAY 2 3 PG. 17 DESCRIPTION UTILITY EASEMENT ~,~ , c ~ \ ~ '~ '- <i TRACT O, CREEKSIDE COMMERCE PARK WEST-UNIT ONE STRAP NO. 253900013A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in Tract O, Creekside Commerce Park West-Unit One, as shown on plat recorded in Plat Book 29, Pages 57 and 58, Collier County Records, Section 27, Township 48 Soutit, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest comer of said Tract O run S 89© 17' 04" E along the south line of Creekside Parkway (Tract R) as shown on said plat for 13.51 feet; Thence run S 44° 22' 18" E for 89.71 feet to an intersection with a line parallel with and 20 feet westerly from (as measured on a perpendicular) the east line of said Tract O being also the west line of an existing County Utility Sidewalk Easement (20 feet wide); thence run S 00© 32' 27" W along said line for 595.95 feet to the south line of said Tract O; thence run N 89° 08' 11" W along said south line for 15.00 feet to a line parallel with and 35 feet westerly from (as measured on a perpendicular) the east line of said Tract O; thence runN 00° 32' 27" E for 582.58 feet;thence runN 44° 22' 18" W for 86.76 feet to the west line of said Tract O being also the west line of said record plat; thence run N 01© 39' 00" W along said west line for 15.42 feet to the Point of Beginning. Containing 10,708 square feet more or less or 0.25 acres more or less. Bearings hereinabove memioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89© 04' 03" E. Professiomi Land Surveyor Florida Ccrt:dicate No. 4052 (For the Fin_n: LB 6773) Revision: 4/28/00 Sheet 3 of 3 SKETCH TO ACCOMPANY DESCRIPTION UTIUTY EASEMENTS IN C~EEKS~DE COMMERCE PARK IM~ST UNIT ONE UNRECORDED, SECTION 27, TOWNSHIP 48 SOUTH, RANGE: 25 EAST, COLLIER COUNTY, FLORIDA STRAP No. 482527017.0003A2.7, CREEKSIDE WEST, IHC, DESIGN AND IMPLEMENTATION OF SO-INCH PARALLEL SEWER FORCE ~ ..__ CREEKSIDE COMMERCE PARK WEST- UNIT TWO c) Lr') 0~ TRACT L2 o old STRAP No. 48252701~0003A27 CREEKSIDE ~VEST, INC. PARENT PARCEL REMAINDER + 3.03~ Ac* N 04',~,3'19" W 3.51' S 04'53'19" E 20.10' POC DESC / SE CNR TRACT L2 POD DESC. N 89'08'11" 190.96' S 89'08'11" E 174.57' 0 MAIN PROJECT: 73943 PARCEL: 8 FOLIO: )01680 10.05 PROPOSED 10' U.E. PROPOSED CREEKSIDE BOULEVARD (TRACT R) *ACREAGE OF PARENT PARCEL IS NET OF UTIUTY EASEMENT SHOWN ONLY. JEFFREY C. 000NER AND ASS~IA~S, INC. SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD. SUITE 2, FORT MYERS, FLORIDA ,.3391~ PHONE: (94-1)277-0722 FAX: (94-1)277-7179 F_MAIL: SUR'VEYOR~OON~'~COM 2104 JAN. 14, 2000 SHEET Io SKETCH TO ACCOMPANY DESCRIPTION UllUTY F. ASEM~ CI~q:'KSIDE COMMERCE PARK SECTION 27, TOYONSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA DESIGNAND IMPLEMENTATIONOF30-INCH PARALLELSEWERFORCEMAIN ASPH -, A~IN.T MH - MANHO. E BM - BENCH MARK lab - ME~ BOX BP -, BII~ PATH MON "t~ BO ""1~ NW 'NAIL&WASHER BLDG ' BUILDING CiR - OFF1QAL I~:~ BC - BOX CUL~I~'T PAVT,- PAVEMENT c -cHc o CDB ' CHORD BEARING P '" PLAT CO "CLEANOUT PG~ '" PAGES OONC - ~ PK -, PARKER KAYtON NAIL C8S - CONO. BLOCK ~I'UOCO PL " PROPER3Y UNE CO "CONC~ DRIVEWAY POB - POINT OF' BE:GINNING Cid m ~ MONUMENT PROF m PROFESSIONAL ONR -, CORNE~ POC m POINT OF' COMME~ENT CP ""~ POST PRM - PERMANENT R!~ MARK CW - C~ WALL PP - POWI~R PC~.E CMP - CO~TED METAL I:~ R "RADIUS CPP ""CO~TED PLASTIC PIPE: RR - RAILROAD RAIL D "=DEED OR DELTA ANGLE RRS "~ SPIKE DO ' DIRT ~AY RES - I~~ DS - I:)ESC~lION ROW ,- RIGHT--OF-WAY EP ' EDGE: OF' PAVEMENT ROE "RANGE: ELEV '=~q ~:'VATION RRP - FaP RAP F' - fiELD OR MEA~ SMH - SANITARY ~ MANHOLE FI-I - RRE H3DEAN'r SP - SL~M~ PIPE: FP~L - FLORIDA PO~ AND UOHT SI - S~GN OOVT - OOV!-~U~IMENT T - TANGENT GO - GRAVEL DELVE TL -,TRAF'RC LIGHT CONTROL BOX GS - GROUND SHOT TP - Tr'l r'PHONE POLE GW = GUY WIRE ~ - TOP OF BANK ~ I GUy WIRE POLE TaP - TOIII~ISHIP HW - HEADWALL TR - TR~E: INV - INVERT TYP - ~ IP&:C "IRON I~PE & CAP USH .-UO SPRIFI(LE~ HEAD IR I ~ ROD UTV - UND~ND T.V. BOX IRC - IRON RO0 & CAP Vaa -.WATER METER KSY I KUNDE. SPRECHE]~ YASI<]N ~ -,WAI'ER L .- LENG'IH ~F' ,-WIRE F'EN~ LP - UOHT POLE ~ LS ,= LAND SUR~"YOR A ,- DELTA ANGLE: :1: - ~ OR LESS~APP~O)aMATE: 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-30-98 TO 10-14-99 4. INSTRUMENTS REFERENCED ARE OF COLUER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR S89'04'03"E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM dOHNSON ENGINEERING, INC. JEFFREY C. COONER AND ASSOCIA S, INC. SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYER~ FLORIDA 33912 PHONE: (941)277-0722 FAX: (941)277-7179 EMNL: SURVEY~ER.COM OCT 1 ~-, 1999 DESCRIPTION UTILITY EASEMENT ?~,.~c.: I ~ 4 ~_ ?_ PROPOSED TRACT 02, CREEKSIDE COMMERCE PARK WEST-UNIT TWO STRAP NO. 482527017.0003A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in proposed Tract 02, Creekside Commerce Park West-Unit Two, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commence at the southeast corner of Tract L2, Creekside Commerce Park West-Unit One as shown on plat recorded in Plat Book 29, Pages 57 and 58 of the public records of Collier County, Florida; thence run N 04° 53' 19" W along the line common to said Tract L2 and proposed Tract 02 for 10.05 feet to an intersection with the north line of a proposed utility easement (10 feet wide) as shown on said proposed plat and the Point of Beginning. From said Point of Beginning run S 89° 08' 11" E along the north line of said proposed easement for 174.37 feet to a point of curvature of said easement; thence run northeasterly, northerly and northwesterly along the curved line of said easement on an arc of a curve to the lef~ of radius 15.00 feet (delta 95° 45' 08") (chord 22.25 feet) (chord bearing N 42° 59' 15" E) for 25.07 feet to a point oftangency; thence run N 04° 53' 19" W along a westerly line of said proposed easement for 3.51 feet to an intersection with a line 30 feet northerly from (as measured on a perpendicular) and parallel with the south line of said proposed Tract 02; thence run N 89° 08' 11" W for 190.96 feet to an intersection with said common line to said Tract 02 and said Tract L2; thence run S 04° 53' 19" E for 20.10 feet to the Point of Beginning. Containing 3,758 square feet more or less or 0.09 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Jeffrey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) MAY 2 3 200 J SEWER FORCE MAIN J PROPOSED LOT11 I I ~ R--~i oo. uu'" N ,85'07'02" E_,_.524-,28' D-=1'29'1 5" PROPOSED CREEKSIDE BLVD. C--30.84' C8 _=~85'51'.39"E ~ (TRACT R) . ' _ .' 7'P."'" W .,,,,,,,,-.,.,.,.,~R-rn' .....'--~ 28.79' R=I 208. O0--~ ==0 29 ,50 ~ ~ POB -// / PROJHCT: 73943 CB==N85'21 '57"E R--'35.00 -/ POC -J ~C~L: 90~J L=I 0.48' D-~57'22'17" .,zo: 00167920007 C=22.43' CB---N$1 '46'54.-W. STrAp No. L=22.83' 4~25 2 7018.000,3A2 7 CF~EEKSIDE WEST, INC. Pege_ .~f~ ~ 8.74 Ac* PROPOSED TRACT CREEKS/DE COMMERCE PARK WEST _ UNIT TWO PB 29, PGS. 57 & 58 ,JEFFREy C. COONEE AND ASSOCIATES, SURVEYING MAPPING ~, ')z//-0722 FAX: (g41)277-~'1 FORT MYERS, FLORIDA 3391 79 EMA/L: SURUm,,,.,,.~___ 2 JAN. 14, 2000 DESIGN SKETCH' ACCO)413ANY DESCRIFHON UTIUTY EASEMENTS C~SIDE: COMMERCE: PARK SECllON 27, TOM~ISHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA AND IMPLEMENTATION OF ~ "ASPHALT BM - BENCH MARK MB - BP - BIKE PATH ~ - BC m BOX CUL~]~'T PAV', -, C - CHORD PK - CL -~ F'B "" CLF m CHNN I. FIK FENCE: PCP m iX) -- Q.EANO~T ~ CO ' ~ DRI~-'WAY P'O8 "' Cid ,I ~ MONUMENT ~ - C34P ' OORRUOATED METAL PIPE R "' D I DEZ:D OR DELTA ANGLE R~S "" DO - DIRT DR~AY RES -- DS -DESCRIPTION ROW DH - DRILL HOLE: RCP m EP - EDGE OF PAVEMENT I:L"GE I F' - F1ELD OR M~ SMH FC ' FEN~ CO~I~ SSP '= FPa~.- F'I.O~DA POM~R AND UGHT St - ~ - FOUND ST - GOVT - GOVERNMENT T GS - GROUND SHOT 'IP - HW - I.F:.ADWALL TR I INV = INVEET TYP =, IP - IRON PIPE UG IR m I~N ROD ~rV :1: NOTES. 1. THIS SKETCH 50-INCH PARALLEL SEWER FORCE ~ BOX MONUMENT NAI. & WASHER OFFICtN. RECOI~ PAVENENI' PK NAIL PK I~L & D~K PK NNL & WASHER PLAT PLAT BOOK ~ANENT CONTROL POINT PAGES PARKER KAYLON NAJL PROPERTY UNE POINT OF B~QNNING RIGHT-OF--WAY RIP RAP SAMT~Y SL'M~ klANHOLE T~ TRAFFIC ~ COt~1R~ BOX Tn m~I-IONE POLE TOP OF BANK UNI~ND T,V, BOX WA'ri~ I~ WA'n~R PIPE DELTA ANGLE taRE OR LESS/APPROX~MA'rE MAIN IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. ;3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS F1RM FROM 9-;30-98 TO 10-14-99 4. INSTRUMENTS REFERENCED ARE OF COLUER COUNTY RECORDS. 5. REARING BASIS IS FOR THE NORTH UNE OF THE NW/4 OF SECTION 27 TO BEAR S89'04'03"E. 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. OCT 14, 19~ nAT Z 3 ZUU~ JEFFREY Co COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 33912 PHONE.: (941)277-0722 FAX: (94-1)277-7179 EldAlL: SURVEY~ER. COM DESCRIPTION UTILITY EASEMENT PROPOSED TRACT 03, CREEKSIDE COMMERCE PARK WEST-UNIT TWO STRAP NO. 482527018.0003A27, CREEKSIDE WEST, INC. A tract or parcel of land for a utility easement lying in proposed Tract 03, Creekside Commerce Park West-Unit Two, Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commence at the southerlymost point of curvature for proposed Creekside Boulevard (Tract R) on the west line of Goodlette-Frank Road (C.tL 851) said point of curvature being also on the easterly line of said Tract 03 run northwesterly along the curved northeasterly line of said Tract 03 on an arc of a curve to the lef of radius 35.00 feet (delta 45° 35' 05") (chord 27.12 feet) (chord bearing N 27° 40' 31" W) for 27.85 feet to an intersection with the south line of a proposed utility easement (10 feet wide) and the Point of Beginning From said Point of Beginning run S 85° 07' 02" W along the south line of said easement for 348.78 feet to a point of curvature; thence continue along the south line of said easement on an arc of a curve to the right of radius 1188.00 feet (delta 01° 29' 15") (chord 30.84 feet) (chord bearing N 85° 51' 39" E) for 30.84 feet; thence run S 49° 52' 58" E for 28.79 feet to an intersection with a line 30 feet southerly from (as measured on a perpendicular) and parallel with the line common to said proposed Tracts 03 and R; thence run easterly along said parallel line on an arc of a curve to the left of radius 1208.00 feet (delta 0° 29' 50") (chord 10.48 feet) (chord bearing N 85° 21' 57" E) for 10.48 feet to a point oftangency; thence run N 85° 07' 02" E along said parallel line for 358.93 feet to said curved northeasterly line of Tract 03; thence run along said curved line on an arc of a curve to the left of radius 35.00 feet (delta 37° 22' 17") (chord 22.43 feet) (chord bearing N 31° 46' 54" W) for 22.83 feet to the Point of Beginning. Containing 7,517 square feet more or less or 0.17 acres more or less. Bearings hereinabove mentioned assumes the north line of the northwest quarter (NW- 1/4) of Section 27 to be S 89° 04' 03" E. Jef?rey C. Cooner Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) HAY 2 3 SKE~H TO ACCOMPANY DESCRIFHON TEMPORARY CONSTRUCTION EASEMENT SECTION 27, TOWNSHIP 48 ,~UTN, RANGE 25 FAST, COI. I. IE~ COUNTY, FLORIDA STRAP No. 482527008.0003A27, G-4 PARTNERSHIP DESIGN AND IMPLEMENTATION OF .30-INCH PARALLEL SEWER FORCE MAIN o o TEMPORARY CONSTRUCT~O~~T 15.00'%..,~ ! ! I-~ ~11 I~ '1 I' I I I I I I N85'OS'2~"E ~~POINT OF 15.00' ~ BEGINNING S89'27'4-2"E 400.00' PROJECT: PARCEL: FOLIO: P.O.C. SE CORNER OF--% · ..4 SECTION 27-4-8-25 ~ i ~'~L SOUTH LINE SEC- 27 ,,'1,,. ~ · ACREAGE OF PARENT PARCEL IS NET OF UTILITY EASEblENT SHOWN ONLY. JEFFREY C. COONER AND ASSOCIA~S, INC. 73943 710 001680401 SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 53912 PHONE: (94.1)277-0722 FAX: (941)277-7179 EMAII.: SURVEY~ER.COM MAY 1, 200, SKETCH TO ACCOMP DESCRIPTION U'I1UTY EASEMENTS CREEKSIDE COMMERCE PARK SECTION 27, TOYSSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA :SIGN AND IMPLEMENTATIONOF30-INCH PARALLELSEWERFORCE ASPH - ASPHALT MH - MANHOLE BM .- BENCH MARK MB "ME'IER BOX BP - BI~ PA'n.I MON "I~T BG - BRIDGE NW "NAIL & WASHER BOB - BOTTOM OF BANK OH - OVERHEAD MRE BC - BOX CULVERT PAVT - PAVEMENT C - CHORD PK -- PK NAJI. CDB - CHORD BEARING P - PLAT CL """ CE:N'IERUI~ PB ,- PLAT BOOK CLF ,, OHAIN LINK FENCE: PCP - PERMANENT C(3N1ROL POINT CO -- CLEANOUT I:~ ,- PAGES CONC - CONC~ PK - PARKER KAYLON NAIL CD - CON(~L-IE DRIVEWAY ~ - POINT OF BEGINNING CNR ,,,CORNER POC - POINT OF COMMENCEMENT CMP - CORRUGATED METAL PIPE: R - RADIUS D - DEED OR DE].TA ANOLE RRS - RAILROAD SPIKE: DO ,,,DIRT DRI!~=WAY ~ --I~~ DS ~ D~'nON RO~ - RIOHT-OF-WAY DH ,,DRILL HOLE RCP "'REINFORCED C~ PIPE EP ""EDGE: OF PAVEId~T ROE --RANGE: m rV , m rVA11ON RRP -,RIP RAP F - FIELD OR MEASURED SMH - SANITARY S~ MANI~ FC = FENCE: CORNER SSP - SERVICE POLE F'Pad.- FLORIDA PO~I~ AND UOHT $1 - SIGN ~ - FOUND ST ' ~ GOVT - GOVERNMENT T ="TAINT Q:) - GRAVEL DRIVE TL - TI~Id:'FIC BOHT CON'I~ BOX ~S - {]ROUND SHOT TP .=~ rI=I'IOHE POLE OW - GUY IMRE TO~ - TOP OF BANK HW ' HEADWALL TR --1REE: INV --INVE:RT TYP "TYPICAL IP - IRON PIPE: UG - UND~OUND IP&:C - IRON PIPE: & CAP USH -, UG SPRINKLER HEAD IR - IRON ROO UTV - UNDE~ND T.V. BOX IRC - IRON ROO & CAP W - WATER METER KSY - KUNDF., ~PRE:OHER, YASKIN ~ - WATER PIPE: L - LENGTH ~ - 1MRE F'E~CE: LP - UOHT POLE ~R)F =, WO(X) FE~ LS - LAND SURVEYOR ~ - D~TA ANGL,E :1: - ~ OR I.[SS/APPI~XIMA'TE NOTES. JEFFREY C. COONER AND ASSOCIA S, INC. SURVEYING AND MAPPING 3900 COLONIAL BOULEVARD, SUITE 2, FORT MYERS, FLORIDA 3G912 PHONE: (94.1)277-0722 FAX: (94.1)277-7179 EMAIL: SURVEYOR codlltlER.COM MAIN 1. THIS SKETCH IS NOT A SURVEY. NOR IS IT VALID WITHOUT THE ATTACHED DESCRIPTION. 3. MONUMENTS SHOWN WERE LOCATED DURING FIELD SURVEYS EXECUTED BY THIS FIRM FROM 9-.30-98 TO 10-14-99 4. INSTRUMENTS REFERENCED ARE OF COLLIER COUNTY RECORDS. 5. BEARING BASIS IS FOR THE NORTH LINE OF THE NW/4 OF SECTION 27 TO BEAR S89'04'03"E, 6. THE LOTS, TRACTS AND STREETS SHOWN FOR CREEKSIDE COMMERCE PARK, UNIT TWO ARE FROM DIGITAL CADD FILES FROM JOHNSON ENGINEERING, INC. OCT 14, 1999 HAY 2 3 200u DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT ~;'" '--~ '" '~ ' ~: SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLA. STRAP NO. 482527008.0003A27, G-4 PARTNERSHIP A tract or parcel of land for a Temporary Construction Easement lying in the Northeast 1/4 of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the Southeast comer of said Section 27, thence run N 88°48'18" W for 772.81 feet to a point on the East Right-of-Way line of Goodlette-Frank Road; Thence run N 04°51 '39" W for 3077.53 feet along said East Right-of-Way line; Thence run S 89027'42" E for 400.00 feet; Thence run N 04°51 '39" W for 80.00 feet to the Point of Beginning; Thence continue running N 04°51 '39" W for 200.00 feet; Thence run S 85°08'21" W for 15.00 feet; Thence run S 04°51 '39" E for 200.00 feet; Thence run N 85°08'21" E for 15.00 feet to the Point of Beginning. Containing 3000 square feet more or less or 0.07 acres more or less. Bearings hereinabove mentioned assumes the south line of Section 27 to be N 88° 48' 18"W. Coon( Professional Land Surveyor Florida Certificate No. 4052 (For the Firm: LB 6773) Sheet 3 of 3 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PHASE 1). OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board"), to acquire by condemnation all rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I). CONSIDERATION: On January 11, 2000, Item 8(a)(3), the Board of County Commissioners (Board), approved to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities. Preliminary staff analysis indicates that an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersections with Pine Ridge Road. Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit. On March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construction of Whippoorwill Lane and staff was directed by the Board of County Commissioners to pursue the inclusion of the Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, initiate the acquisition of the required land interests, and to expedite the advancement of construction of Whippoorwill Lane. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Whippoorwill Lane improvements between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I), (hereinafter referred to as "Project"). I AY 2 00 FISCAL IMPACT: Total estimated acquisition costs are $1,358,200, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to the Whippoorwill Lane Project. These estimated costs will be incurred in FY 01 and will be included in the FY 01 budget submittal for the Gas Tax and District One Road Impact Fee Funds. If this project is accelerated and condemnation is required in FY 00, then a budget amendment will be required to appropriate reserves from these funds. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by condemnation of the fee simple interest required. to complete the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I); and (2) Authorize the Chairman to execute the attached Resolution; and (3) Approve any and all budget amendments required. Toni ]~ott, S~pervisor Real Propert3, Management Department DATE: REVIEWED BY: Mitch Momtaz, Project Manager Public Works Engineering Department Jeff Bibby, P.E., Director Pub~~~ ~e~.De~ent APPROVED BY: ,/-C.~...~./ ._.~/.J . ~,/ /'/.~arff Fin~nterim Administrator '"' Public Works Division DATE: DATE: DATl~: MAY 2 3 2000 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 39 40 41 42 RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF FEE SIMPLE TITLE INTERESTS FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PHASE I). WHEREAS, on January I 1, 2000, Item 8(a)(3), the Board of County Commissioners approved a proposal to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities; and WHEREAS, preliminary staff analysis indicates that an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersecnon with Pine Ridge Road; and WHEREAS, Whippoorwill Lane is necessary as a public road and this public road will provide a valid public benefit; and WHEREAS, on March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construction of Whippoorwill Lane and staff was directed by the Board of County Commissioners to pursue the inclu~sion of the Whippoorwill Lane Project into the Capital lmpruvement Element of the Growth Management Pla, initiate the acquisition of the required land interests, and to expedite the advancement of construction of Whippoorwill Lane; and WttEREAS, the location for construction of the proposed ~mprovements has been fixed by sup,'ey and ~s collectively represenled by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacls upon the environment, long range planning options, and public safety considerations, the Board desires to exercise ~ts right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Whippoorwill Lane Project between Pine Ridge Road to a point one mile South, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I), (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND 1T IS FURTHER RESOLVED that consauction of the Project is consistent with the County's long range planning effort. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible 1ocatic Page 1 MAY 2 3 2000 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, il is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED thai the County staff is hereby authorized to immediately acquire by condenmation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached herelo and incorporated herein. AND IT IS FURTItER RESOLVED that no mobile homes are located on lhe property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution adopted on this __ day of ,2000, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By:. TIMOTIIY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: Assistant County Attorney Page 2 MAY 2 3 2000 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID w. SCHMITL P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT D. WAYNE ARNOLD, A.I.C.P. ROBERT W. TH/NNES, ,' '~ ERIC V, SANDOVAL. THOMAS CHERNESKY, 't .o.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286800008 STRAP: 492618 017.0004B18 Project: Parcel: Folio: 60054 2 (~z~3 00286800008 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 2 - WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED TOM CH~ , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 NO. A~ MAY 2 3 2000 PG. ~L'~" _ /'-'"bRADY MINOR, P.E. (K W. MINOR, P.E. ,_. DEAN SMITH, P.E. DAVID W. SCHMI'I-F, PE. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT R- D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P ER/C V. 5ANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286960003 STRAP: 492618 021.0004B18 Project: Parcel: Folio: 60054, 3 ~'~ 00286960003 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 3 - WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED TOM CHERNESK~ P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 NO. A'~ MAY 2 3 2000 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SM[TH, P.E. DAVID W. SCHMI'I'r, ?.E. MICHAEL J. DELATE, PE. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT_J _ Page ~ of IC~ IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286760009 STRAP: 492618 016.0004B18 Project: Parcel: Folio: D. WAYNE ARNOLD, A."~ TM ROBERT W. THINNES, ;. ERIC V. SANDOVAL,', .. THOMAS CHERNF,~KY, P.$.M. ALAN V, ROSEMAN 60054 00286760009 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 4 - WI{IPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED 3-/~'-~ TOM CI-IERNESKY-~ , P.S.Mo #5426 STATE OF FLORIDA F: SURVEY~WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Marl: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2000 '""'~GRADY MINOR, P.E. RK W. MINOR, P.E. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DE"LATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXH!elT_J _ D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERiC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286480004 STRAP: 492618 012.0004B18 Project: Parcel: Folio: 60054 5 (. ~'~) 00286480004 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 5 WI{IPPOORWILL LAN~ (SKETCH B-1807) THE EAST 40 FEET OF THE SOUTH FIALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH', RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED ~-//~/"Z:~Z) TOM CHERNESKY ~ , P.S.M. #5426 STATE OF FLORIDA ?: SURVE;Y\I4W. ~ (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2OOO Q GRADY MINOR, PE. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMI'I-r, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT Page__ ._o D. WAYNE ARNOLD, A.r-c P. ROBERT W. THINNES, ~ ERIC V. SANDOVAL;, THOMAS CHERNF_,SICY, P.5.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000288160102 STRAP: 492618 051.0004B18 Project: Parcel: Folio: 60054 00288~60~02 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 6 - W~IPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (!/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; LESS THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624-626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,400 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED 3 TOM CHE~S~~~KY , P.S.M. #5426 STATE OF FLORIDA F: $URVEY\~. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 200O PGo q Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners ,-~-~GRADY MINOR, PE. RK W. MINOR, P.E. DEAN SMITH, P.E. DAVID W. SCHMI'I'r, P.E. MICHAEL J. DELATE, P.E. EXHIBIT Page (,~ of,,' !c~ IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286520003 STRAP: 492618 013.0004Bt8 Project: Parcel: Folio: D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M ALAN V. ROSEMAN 60054 7 00286520003 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 7 - WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THAT PARCEL OF LAND LYING IN THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORDS BOOK 2286 AT PAGES 624- 626 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 4,201 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED TOM CHERNESKY-~ , P.S.M. #5426 STATE OF FLORIDA F: $URVEy\ww. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 PlAY 2 3 2O00 .G. Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT,, D WAYNE ARNOLD, ,a, .~.,..-" p ROBERT W. THINNES,; ER~C v. S^N~OV^L, ~o~s csER~,, ALAN V. ~OSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286640006 STRAP: 492618 013.0034B18 Project: Parcel: Folio: 60054 _ 00286640006 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 8 - WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,602 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s IGNED TOM CHERNE~~SKY P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 AGE ; I ' MAY 2 3 200[ -~'~GRADY MINOR, P.E. tK W. MINOR, P.E. dEAN SMITH, P.E. DAVID W. 5CHMI7'F, P.E. MICHAEL ]. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT_I ... D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.$M. THOMAS CHERNESK¥, P.S.M ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN:0000000286600004 STRAP: 492618 013.0024B18 Project: Parcel: Folio: 60054 00286600004 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 9 - WHIPPOORWILL LAI~E (SKETCH B-1807) THE EAST 40 FEET OF THE SOUTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTFIWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, R3~NGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 6,602 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s i GNED TOM CH P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 NO. ~ o~_~ MAY 2 3 2O0O Q GRADY MINOR, PE. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, PE. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT D. WAYNE ARNOLD, A ROBERT W. THINNES,' ERIC V. SANDOVA[j, ~o~4~s CriERNmOS, AL^~ V. ROSE~4AN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000286560005 STRAP: 492618 013.00i4B18 Project: Parcel: Folio: 60054 00286560005 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 10 - WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE NORTH MALF (1/2) OF THE NORTH PLALF (1/2) OF THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) AND THE EAST 40 FEET OF THE SOUTH 60 FEET OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTbrWEST QUARTER (1/4), ALL OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 9,002 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED TOM CHERNESKY ~ , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WN. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2000 GRADY MINOR, P.E. ~RK W. MINOR, P.E. ~.. DEAN SMITH, P.E. DAVID W SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIBIT D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN: 0000000287560004 STR3%P: 492618 034.0004B18 Project: Parcel: Folio: 60054 00287560004 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 11 - WHIPPOORWILL LANE (SKETCH B-1807) THE EAST 40 FEET OF THE EAST HALF (1/2) OF THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 60 FEET PER OFFICIAL RECORDS BOOK 1559, PAGE 14 AND LESS THE NORTH 150' FOR THE PINE RIDGE ROAD RIGHT-OF- WAY, CONTAINING 44,379 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. SIGNED b To~ CHE~( , P.S.M. #5426 STATE OF FLORIDA F: $URVEY\WW. LAg (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via De.l Rey · Bonita Springs, Florida 34134 NO. MAY 2 3 2000 Pc. _1~_ Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. EXHIBIT A PORTION OF: PIN: 0000000287280009 STRA~; 4_92618. O_2~.~.OO04Bl~_ Project: Parcel: Folio: D. WAYNE ARNOLD, A.L2.P. ROBERT W. THINNES, / ERIC V. SANDOVAL; THOMAS CHERNESKY, P.~.M. ALAN V. ROSEMAN 60054 _ 12 ~I~~) 00287280009 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 12 - WI{IPPOORWILL LAN~ (SKETCH B-!807) THE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH~ RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,419 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s iG D 3 TOM CHERNESKY'~ , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2OOO pG. /,5' = · '"-'" ~RADY MINOR, P.E. RK W. MINOR, P.E. _, DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXHIB D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNF,5, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESK'Y, P.S.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN:0000000287000001 STRAP: 492618 022.0004B18 Project: Parcel: Folio: 60054 ~ 00287000001 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 13 - W~IIPPOORWILL LANE (SKETCH B-1807) THE WEST 40 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 52,816 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. C HE TOM P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2000 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXH,BI T__c2_ D WAYNE ARNOLD, ~ ..... P. ROBERT W. THINNESf 9 ERIC V. SANDOVAL, M. THOMAS CHERNESKY, P.$.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN:0000000287120004 STRAP: 492618 025.0004B18 Project: 60054 L Parcel: 14 ~'~ Folio: 00287120004 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 14 - WHIPPOORWILL LANE (SKETCH B-1807) THE WEST 40 FEET OF THE NORTHWEST QUARTER (1/4) QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. OF THE NORTHWEST OF SECTION 18, COUNTY, FLORIDA; s ISNED 3 TOM CHERNESKY~ , P.S.M. #5426 STATE OF FLORIDA F: $URV~y\wW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey" Bonita Springs, Florida 34134 MAY 2 3 20O0 p~. /7 /'-'"' GRADY MINOR, ;RK W. MINOR, ~. DEAN SMITH, DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN:0000000286120005 STRAP: 492618 005.0004B18 Project: Parcel: Folio: 60054 I 5 (. ILS') OO28612O0O5 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 15 - WHIPPOORWILL LANE (SKETCH B-1807) THE W~ST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED TOM CHERNESKY ~ , P.S.M. #5426 STATE OF FLORIDA F: SURU%"Y \~,/. T..T.,S (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 ~o.~~ MAY 2 3 2000 Q. GRADY MINOR, P.E. MARKW MINOR, P.E. C. DEAN SMITH, P.E. DAVID W SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners EXH B D. WAYNE ARNOLD, ,~ ' ROBERT W. THINNES,' ERIC V. SANDOVAL, ~ THOMAS CHERNESKY, P.S.M ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION' OF: PIN:0000000288040002 STRAP: 492618 046.0004B18 Project: Parcel: Folio: 60054 . 16 00288040002 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 16 - WIiIPPOORWILL LANE (SKETCH B-1807) THE WEST 40 FEET OF THE SOUTH HALF (1/2) OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 13,204 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s I GNED TOM CHERNESKY ? , P.S.M. #5426 STATE OF FLORIDA F: SURVEy\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2000 /"-~ GRADY MINOR, P.E. ~RK W. MINOR, P.E. _. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL ]. DELATE, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.I.C.P. ERIC V. SANDOVAL, P.S.M. THOM AS CHERNESK¥, P.S.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: PIN:0000000286160007 STRAP: 492618 006,0004B18 Project: Parcel: Folio: 60054 00286160007 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 17 - WHIPPOORWILL LANE (SKETCH B-1807) THE WEST 40 FEET OF THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4} OF THE SOUTHEAST QUARTER (1/4) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONTAINING 26,408 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. S I GNED 3-//-6~ TOM CHERNESKY-T P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2000 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I C.P. ROBERT W. THINNES,,' ! ERIC V. SANDOVAL. ~. THOMAS CHERNESKY, P.5.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: LOT 1, (PLAT BOOK 14, PAGES 44-45) Project: Parcel: Folio: 60054 63000240001 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 19 - WHIPPOORWILL LANE (SKETCH B-1807) THE WEST 10 FEET OF LOT 1 AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s ICNED TOM CHE~ES~~KY , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. ~LS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2OOO '~RADY MINOR, P.E. .RK W. MINOR, P.E. ,,.: DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DILLATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners D. WAYNE ARNOLD, A.I.C.P. ROBERT W. THINNES, A.I.C.P ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN IN COLLIER COUNTY, A PORTION OF: TRACT "A" (PLAT BOOK 14, PAGES 44-45) Project: Parcel: Folio: 60054 630000400O7 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 20 - W~IPPOORWILL LANE (SKETCH B-1807) THE WEST 10 FEET OF TRACT "A" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED UNIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 500 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. s G ED TOM CHERNESKY-'< , P.S.M. #5426 STATE OF FLORIDA F: SURVEY\WW. LLS (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aoLcom 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 200~ Q. GRADY MINOR & AssOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. IN COLLIER COLrNTY, A PORTION OF: TRACT "t" (PLAT BOOK 14, PAGES 44-45) Project: Parcel: Folio: D. WAYNE ARNOLD, ~":' C.P. ROBERT W. THINNES P. ERIC V. SANDOVAL ,vt. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN 60054 ~ 63000160000 FEE SIMPLE INTEREST LEGAL DESCRIPTION PARCEL 21 - W~IPPOORWILL LAN~ (SKETCH B-1807) THE WEST 10 FEET OF TRACT "1" AS SHOWN ON THE PLAT OF NAPLES PLAZA PLANNED I/NIT DEVELOPMENT, AS RECORDED IN PLAT BOOK 14 AT PAGES 44 AND 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; CONTAINING 2,352 SQUARE FEET, MORE OR LESS. Q. GRADY MINOR & ASSOCIATES, P.A. TOM CHERNESK~~Y P.S.M. #5426 STATE OF FLORIDA (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aol.com 3800 Via Del Rey · Bonita Springs, Florida 34134 MAY 2 3 2000 EXECUTIVE SUMMARY DISCUSSION RELATING TO 111TH AVENUE NORTH WITH RESPECT TO THE AREA TRANSPORTATION SUB-NETWORK. OBJECTIVE: That the Board of County Commissioners authorize staff to work with Dover-Kohl to develop an alternate plan to design 111th Ave. as a two-lane enhanced road. CONSIDERATION: 111th Ave. North lends itself as a unique opporttmity to integrate traditional transportation modeling with aesthetic community vision. Staff previously presented two options to the Board on May 2, 2000, a four-lane road and a two-lane enhanced road. The four-lane road was recommended as the best alternative based upon traditional engineering concurrency calculations and traffic volumes. Concurrent with the Board's decision relating to 111th Ave., the Select Committee on Community Character chose Naples Park as a prototype area for mature neighborhoods. Upon further discussions between Dover-Kohl (DK; the firm developing the master plan), staff believes that a two-lane enhanced road may actually provide greater community benefit than a four-lane road. Resident priorities through the study and previous DK experience indicate that the neighborhood may actually be more satisfied with a two-lane improved road (with median turnoffs), better landscaping and improved amenities (sidewalks, bicycle pathways, greenways), at the cost of slightly greater traffic delays. The current four-lane expansion is driven by Level-of-Service traffic counts, but it is not necessarily supported by the neighborhood. Complaints regarding 111~ Ave. typically address traffic delays associated with the local church and school. The enhanced 2-lane road would provide motorists an oppommity to tam into these locations without disrupting traffic, and thus improve the overall traffic flow of the road. The intersection of 111 * Ave. and Vanderbilt Drive, another source of delays, is currently being studied by staff to determine the viability of a round-a-bout rs. a traffic signal. Should the Board redirect staff to develop a plan based upon a two-lane enhanced road with values provided through the Community Character study, it would not delay the project, as the four-lane project is not scheduled for construction until 2002. While Dover-Kohl and staff expect the two-lane enhancement will significantly improve traffic flow, the Board may eventually have to policy constrain the road to address the concurrency issue. FISCAL IMPACT: Design and Construction of a two-lane enhanced road (including intersection improvements) would cost an estimated $2.7 million, as opposed to a four-~.~op lane road cost of $3.0 million. These costs are available through gas tax reveg~!~s. I See attached memorandum from Dover-Cole supporting an alternative improvement.NO.t_~ ~' ~ N ',a,2 ;:, 21100 Additional elements and funding sources included in the design as a result of the character study for Naples Park have yet to be determined. GROWTH MANAGEMENT: 111b Ave. is shown as a four-lane road according to the growth management plan. Should the Board opt for a two-lane enhanced roadway, the road may have to eventually be constrained by policy to meet growth management concurrency standards. RECOMMENDATION: That the Board of County Commissioners direct staff to pursue the design of a two-lane enhanced road with elements presented as a result of the Community Character study conducted by Dover-Kohl. Prepared By: ~,r~-~~ ~o~m Dunnuck, Assistant to the County Manager Reviewed And Thomas W. Olliff, ~oun~anager AGENDIAJTJEM. No. ~/'5(~ 94.2 Memomndtma GLATTING JACKSON ANGLIN LOPEZ RINEHART cc: Tom Olliff Shawn Seaman, Victor Dover, Amy Taylor, John Dunnuck From: Tim Palermo, Walter Kulash Da~: 05/22/00 Re: Community Character and 111th Avenue North During our meeting of May 17, you requested that we review your staff's recommendation regarding the four-lane expansion of 111 th Avenue North as it relates to the planning principles supporting the Community Character Plan currently underway. The Community Character Plan is not intended to recommend specific capital improvements, but rather to provide an overall framework for amending land development regulations and making future capital investment decisions. This framework will be iljustrated in a series of prototype applications of which Naples Park is one. This memorandum is intended to evaluate the decision to widen 111~ Avenue North in a context where capital investment decisions are made in a setting where community character and mobility are not superseded by the needs of the automobile only. Background of the Problem 111 th Avenue North is an east-west, two-lane collector roadway that serves the Naples Park and Vanderbilt Beach Estates neighborhoods. The south side of the roadway from U.S. 41 to Vanderbilt is fronted by approximately 40 single-family homes. The northern side primarily serves 960 students attending the Naples Park Elementary School and the St. John the Evangelist Church. The roadway is also popular access point to beachfront recreation at the Delnor Wiggins ,,,,,q~l~Ig:~}~17~ well as for commuters living in Naples Park and Vanderbilt Beach F star . _ pg. 3, May 22, 2000 Temporarily, the roadway may also be used by motorists seeking to avoid construction delays on U.S. 41. A four-lane section of 111th from U.S. 41 to Vanderbilt Drive was identified as part of the MPO's 2020 needs plan, but was not considered an appropriate project when fiscal constraints were applied to needs plan. In March of this year, the County Commission instructed engineering staff to advance the project on the capital improvements program in order to begin preliminary engineering on a four-lane expansion of 11 lth Avenue North. Residents of the Naples Park area have not reacted favorably to this decisiert ~ have requested the Board to revisit its decision in light of potential policy changes that may arise from implementation of the Community Character Plan. Recommendmion Naples Park was selected as a prototypical application for the ideals developed in the Community Character Plan because of its uniqueness as a mature community of older homes and the oppommities it offers as a special place to demonstrate planning and design practices which preserve and enhance existing infrastructure, while increasing neighborhood livability. The policies associated with a decision to four-lane 111 th Avenue North also relate to the Community Character Plan in that such policies typically view mobility in the narrow context of travel time only along a single roadway segment, and do not take into account, the overall travel experience within or through the Naples Park neighborhood. Therefore, it is our recommendation that the Board designate 111 th Avenue North a constrained facility, in order for (re)development activities to continue in a manner that does not overly impact the existing neighborhood. Rationale for Constraining 111th Avenue North The subject roadway is primarily used as a local road and not for countywide mobility. The consequences of increased delay on this roadway fall primarily on local residents rather than persons traveling through to work or shopping. Limited time only congestion (such as Sunday mornings) usually does not represent an appropriate design hour for roadway improvements. AG EN.I;)&,,I'~EM No. 2 May 22, 2000 A well-engineered two or three lane roadway offers a disproportionate level of community enhancement and mobility benefits at a fraction of the social, environmental and fiscal costs associated with a four-lane roadway. The MPO's 2024 long range transportation model yields almost identical levels of delay under the either the two or four lane alternatives. The only difference being there is approximately twice as much traffic forecasted on the four lane alternative. Short-range projections of daily traffic volume on the subject roadway will almost undoubtedly "flatten out" upon completion of U.S. 41 conameX/on and as the Gulf of Mexico limits western development. Therefore, the past growd~ trend may be too aggressive to accurately extrapolate to future p~ojection~ There is always concern, when constraining a road facility, that lakinlg ~ action (i.e., constraining), a given section of roadway will prorapt a nml~_~t~e eft requests, many of them unreasonable, for similar actions elsewhere throug!m~t dae County. Dealing with these requests then becomes burdensome, both in temm ofl~me spent by staff and elected officials, as well as in terms of the community ene~g~ ~ing into the related debates. In constraining 111 th Street, the County can shield itself effectively from the threat of prompting numerous further requests. 111th Street is bordered, on one side, by a large number of existing single-family homes, closely fronting the street. This situation is a remnant of earlier street layout, and does not occur frequently throughout the County on other streets that are candidates for widening. Thus, there are few other locations that can claim this level of community impact. The fact that 111 ~ Street is terminated to the west by the Gulf, and therefore cannot be extended into rapidly developing areas (such as roads in the eastern part of the County), also argues against the danger of establishing a regrettable precedent by constraining the road. The extensive and highly interconnected network of streets adjacent to 111~h Street is a further rather unique situation that is duplicated in few other locations throughout the County. Residents of the area have a large number of options for their local travel, and are not "hostage" to a single street (i.e., 111 th Street) in the same manner that residents of more recently constructed subdivisions are. Constraining roadways is technically supportable where well-connected alternate network exists. On the other hand, constraining of roadways can be consistently and systematically denied in instances where parallel alternative network has never been permitted to develop. AGE NAY 2 3 May 22, 2000 An "enhanced" two-lane design can allow for increase throughput of automobiles, by removing mining movements from travel lanes. Additionally, such a design improves safety vehicle and pedestrian safety while improving the street's ability to serve as an important address and public amenity in and of itself. AG ENDA,13'EM, No, ~AY 2 3 2flO0 4 EXECUTIVE SUMMARY PRESENTATION OF iNTERIM PROGRESS REPORT FROM THE COLLIER COUNTY HEALTH CARE REVIEW COMMITTEE AND REQUEST FOR TIME EXTENSION FOR SUBMISSION OF FINAL REPORT OBJECTIVE: To update the Board of County Commissioners on the work of the Health Care Review Committee and obtain approval to extend the Committee's term of service. CONSIDERATION: In May of 1999, the Board adopted Resolution No. 99- 130/257 establishing the Collier County Health Care Ad Hoc Committee. The Committee was formed to review existing health care systems in the County; determine if adequate access to health care is available to all residents; and provide a final report with detailed recommendations to the Board of County Commissioners. The Committee was to have completed its work by June 8, 2000. While a significant amount of work has been accomplished as outlined in the enclosed excerpt from the full Interim Report, the Committee is requesting additional time to evaluate and recommend specific funding options and alternatives that could be applied to recommended solutions to identified health care problems in the community. The complete Interim Report has been distributed to the Board under separate cover. It is available for review in the Clerk's Office of Official Minutes and Records, as well as in the Office of the Public Health Director. FISCAL IMPACT: The financial impacts of the Committee's recommendations will be detailed in the final report to the Board. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners accept this Interim Report and extend the term of the Health Care Review Committee to February 28, 2~ d. ~/'~' )a-n U. Colfer, M,D.~'~.P.R. ",,,~or, Collier Count Health Department L~o Ochs, Jr. ~dm/si~rtr Public Services i ator Agen~ HAY 2 3 2000 EXECUTIVE SUMMARY This second interim report has been prepared to convey to the Board the preliminary findings generated by the substantial work done to date by the six subcommittees of the Collier County Health Care Review Committee. The subcommittees have found the subject of access to health care to be an extremely complex issue. Prioritizing potential solutions and making meaningful recommendations maybe even more complex. To date, most of the Committee's work has been done by the subcommittees. Due to time constraints there has been little or no integration of their findings and potential solutions. In the added time being requested, the Committee will coordinate and integrate their efforts and hopefully provide recommendations. The Committee also hopes To use this time to ensure its final report is fully accurate, understandable and communicates effectively its findings and recommendations. Only then will it be the basis for needed action to solve the problems that exist. The subcommittees of the Collier County Health Care Review Committee paint a sad but accurate picture of health care needs in our community. Current providers continue to provide totally uncompensated care or care that is extensively discounted to individuals in need. However, the current population of needy individuals in the county has seriously outpaced our health care professionals and facilities resources to merely absorb into their current practices or clinics the numbers of people without health insurance. The recently released Agency for Health Care Administration (ACHA) Report indicates that in the three county area of Lee, Charlotte and Collier counties, district 14 for purposes of the study, one in every five or 19.8% of the population under 65 is without health insurance. Assuming that Collier County's uninsured rate is at least that of Charlotte and Lee, the estimated number of Collier residents under 65 years of age without health insurance would be approximately 34,000 individuals. As stated in the study, the factors that most greatly affect insurance status are income, employment status, ethnicity, and region of the state. Collier County is one of the fastest growing counties in Florida and in the entire United States. All sectors of the population are growing at an exponential rate and are expected to continue to grow. The county is comprised of a culturally and economically diverse population with a wide range of economic means, including large numbers of affluent, retired people; a narrow middle class; and a large number of working poor, migrant workers' and other indigents, most of whom are underinsured or uninsured. HA:)' 2 3 2000 This creates significant challenges in meeting the healthcare needs of the children in Collier County. The challenges focus on four areas: means, access, knowledge and availability. Many families are financially unable to pay for health care for themselves and their children. Many have jobs with small businesses that do not provide health insurance for their employees or if they do, the cost is unaffordable. Many also have jobs that do not allow time off during the workday to attend to their own or their children's health care needs. The culturally diverse population locally presents many healthcare challenges, including health education. Many are unaware of recommended health schedules and routine primary preventive care. Whether resulting from increased population growth or other socio-economic factors, Collier County has a significant number of individuals who can be classified as either uninsured or underinsured. In general, these individuals are working class men and women between the ages of 19 and 64, many having incomes lower than 150% of the federal poverty level. Many of those persons within the above referenced group receive little or no health care at all. Those who do receive periodic treatment often lack access to follow-up care due to a variety of reasons ranging from a lack of funds for prescriptions and/or specialty care to lack of transportation. Such inability to access basic primary care places a tremendous amount of strain on those organizations that do attempt to provide some manner of care for those in need. The burden placed on those entities providing the resources are, in turn, passed on to the rest of the population of Collier County, either directly or indirectly. Although additional supporting data would be helpful, enough data exists to clearly support the conclusions stated above. Data provided by Naples Community Hospital and Collier Health Services, Inc., indicates that most "charity costs" are generated by those between the ages of 19 and 64. For example, for those persons in-the 19-64 age range, the percentage of uncompensated care ranged from 62% to 72%. A complete review of the data provided to the Health Care Review Committee reflects that those "working poor" who are in need of greater access to health care, tend to be segregated in specific geographic areas within Collier County. These areas contain a significant "working class" population many of whom are underinsured. Although some of the health care needs of the people living in these cjusters are being met, significant gaps in the access to complete care appears to exist. Specifically, these gaps are present in the areas of primary care, mental health, dental health, and vision care. Agenda Item P-'IA 2 3 2000 Collier County covers a large geographic area. This makes availability of health care a major challenge. There are pockets of populations in the county that do not have close access to healthcare. This is aggravated by the lack of transportation. Further, many health care providers are available for routine office hours only during the working day. This encourages the use of the emergency room, the most expensive alternative, as the provider of choice because it is always open and people know they will not be refused care. The school nurse program, however, is a vehicle by which family education could take place. There are only thirteen nurses serving thirty-four schools and 32,403 students with a ratio of one registered nurse to 2492 students. The national recommended ratio is one nurse to 750 students. All but two of these schools have a school nurse on an average of ten hours per week. In addition, the school nurses often identify children with health care needs and they then find it difficult to find referral sources within the community for these students. There are programs funded totally or partially by the state or federal government to help meet some of the needs of these disadvantaged children, including Medicaid and Healthy Kids. However, there are impediments to getting all eligible children enrolled in these programs and in finding adequate number of physicians and dentists that will care for the children who are enrolled. Further, while these programs concentrate on school age children, they seem to under- serve adolescents. For example, the teenage pregnancy rate is high in Collier County, with an average of one baby being born to a teenager every day of the year. Most of these teen mothers are unwed and nearly a third of them seek prenatal care later than recommended. Collier County ranks among the worst counties in Florida in this area. The availability and affordability of mental health and substance abuse services for the uninsured and underinsured in Collier County have been limited by a variety of factors. Governmental, public and private sources of funds to meet the needs of people seeking mental health and substance abuse intervention have not, and will not, keep pace with the growing demand. Financial resources provided by the State of Florida are primarily targeted towards individuals at risk of institutional care. Fewer public dollars are spent in prevention and education. The increasing need is already outstripping our current community resources as indicated by increasing waiting lists and delays for those seeking care. Anticipated is an increasing demand for emergency mental health and substance abuse intervention, increases in associated crime and incarceration, and subsequent overload of community institutions such as hospitals and law enforcement systems. The ultimate impact is on the taxpayer. For adults over age 65, Medicare generally is satisfactory coverage for hospital services, physician services, diagnostic testing, durable medical equipment, therapies (physical, occupational, speech), and short-term nursing home stays. However, health care costs remain a significant and growing expenditure for the elderly population. At the present there is a significantly greater health care funding problem for adults age 50-64 than for adults 65 and over. When looking at availability of dental care for the county as a whole, the picture is dim for low-income persons without dental insurance. The agency that treats the majority of indigent patients' dental needs, Marion E. Fether Medical Center, is located in Immokalee. It is also extremely difficult at the present time for an indigent person to receive dental care in Naples. The sole low cost dental clinic in town, Senior Friendship Center, can accept only patients who are 50 or older. There is a waiting list for its services (approximately one month at this time) as SFC has only one operatory where services are rendered 24 hours per week, although established patients with dental emergencies can usually be treated quickly. Patients with Medicaid fare only slightly better, as there is only one private dentist who accepts it. Statistics from Florida Department of Health's Division of Planning and Evaluation indicate that in 1998, only 24.41% of Collier County's low income (within' 100% of federal poverty level) residents had access to dental care, down from 26.24% in 1997 and 29.81% in 1996. When the poverty level is increased to 200%, access to dental care plummets to 9%. In Florida, other counties have found solutions to similar situations by implementing a health care delivery system targeted at a specific population group in need. One of our subcommittees is seeking out effective indigent care models in Florida and elsewhere and exploring ways they might be replicated here in Collier County. Hillsborou9h Health Care was an obvious model to study because it is nationally recognized as the best in the entire US, and has been replicated in several other communities in Florida and elsewhere in one form or another. Members of our subcommittee made a site visit for a day of intensive dialogue with and presentations by their leadership team. The Hillsborough model is a public/private partnership; it is a managed care system for the indigent residents of their county who do not qualify for other health care coverage. Eligibility is based on Federal Poverty Guidelines. Services are provided free of charge. Agerid ! m~ ' ! MAY 2 3 00II Hillsborough HealthCare is the result of their county commissioners originally forming a group of local business leaders to study why the local cost of caring for the medical needs of their indigent population kept escalating dramatically. This group was later revised to include health care experts and managed care specialists. The group determined that a critical success factor was to create a public/private partnership of local government, local businesses and the local medical profession to form an integrated healthcare delivery system, not continuing to deliver fragmented healthcare. They recognized that any solution was far too expensive for any one constituency to afford. They concluded that the entire community would benefit from an integrated approach - taxpayers, working poor and other underinsured, hospitals, medical professionals and the business community. They recognized they had limited resources, so they needed to equitably distribute the cost to the entire community. The goal of Hillsborough HealthCare is to provide the same level of preventive, primary care for their target segment of the population that everyone else seeks, but in the most cost effective, efficient manner possible. Hillsborough HealthCare sought competitive managed care proposals from a number of fully integrated networks of physicians and hospitals and competitively selected the best four. Health care is now delivered primarily through a network of twelve neighborhood clinics and is funded by an incremental local sales tax. They have clearly demonstrated in just a few years that their efforts have improved health outcomes dramatically at a reasonable cost to both taxpayers and the medical profession. They now provide access to primary, preventive care to 28,000 eligible persons annually. They have replaced a fragmented, short term, emergency driven delivery approach with a comprehensive, coordinated and managed continuum of care networks. They have reduced costs per member per month To $200. They have dramatically reduced their participant's number of hospital admissions, average length of hospital stay and number of unnecessary emergency room visits. In short, they have changed the health care status of the population they serve as evidenced by the change in nature of hospital admissions from preventable conditions to those that mirror admissions in the general population. In just four years they became so efficient and effective that they were able to cut the incremental sales tax rate in half to only ~4%, having built a reserve of $150 million. This subcommittee has studied other models as well and will continue their efforts in the months ahead. MA¥_2z 3 200_0 In conclusion, we thank the many people from Collier County who have taken time from their work and families to explore with us the unmet health care needs in our community. Much has been studied and learned. Much remains to be done. Within this interim report many creative solutions are identified. What has yet to be explored are the funding capabilities that exist, not just at the local level, but through state and federal resources, from private grants and foundations, through bonds issued at low rates as incentives to health care facilities interested in addressing our needs, through fees on bond issuance, and if necessary through increases in county taxes to address county needs. The Health Care Review Committee therefore respectfully requests that the Collier County Board of County Commissioners extend the time allowed to enable the Committee to complete its original charge and to present its final findings, conclusions and recommendations in a report that will form a basis for needed future action. .o. ;'j N/ Y2 3 2000 Pg - ,-*--.~ COLLIER COUNTY Health Care Review Committee Znterim Report ]~!ay 2000 8C1 Table of Contents Executive Summary Introduction 2 8 History Subcommittee Reports Underinsured Mental Health & Substance Abuse Children's Health Elderly Dental Models that Work 9 11 14 22 27 33 35 EXECUTIVE SUMMARY This second interim report has been prepared to convey to the Board the preliminary findings generated by the substantial work done to date by the six subcommittees of the Collier County Health Care Review Committee. The subcommittees have found the subject of access to health care to be an extremely complex issue. Prioritizing potential solutions and making meaningful recommendations maybe even more complex. To date, most of the Committee's work has been done by the subcommittees. Due to time constraints there has been little or no integration of their findings and potential solutions. In the added time being requested, the Committee will coordinate and integrate their efforts and hopefully provide recommendations. The Committee also hopes to use this time to ensure its final report is fully accurate, understandable and communicates effectively its findings and recommendations. Only then will it be the basis for needed action to solve the problems that exist. The subcommittees of the Collier County Health Care Review Committee paint a sad but accurate picture of health care needs in our community. Current providers continue to provide totally uncompensated care or care that is extensively discounted to individuals in need. However, the current population of needy individuals in the county has seriously outpaced our health care professionals and facilities resources to merely absorb into their current practices or clinics the numbers of people without health insurance. The recently released Agency for Health Care Administration (ACHA) Report indicates that in the three county area of Lee, Charlotte and Collier counties, district 14 for purposes of the study, one in every five or 19.8% of the population under 65 is without health insurance. Assuming that Collier County's uninsured rate is at least that of Charlotte and Lee, the estimated number of Collier residents under 65 years of age without health insurance would be approximately 34,000 individuals. As stated in the study, the factors that most greatly affect insurance status are income, employment status, ethnicity, and region of the state. Collier County is one of the fastest growing counties in Florida and in the entire United States. All sectors of the population are growing at an exponential rate and are expected to continue to grow. The county is comprised of a culturally and economically diverse population with a wide range of economic means, including large numbers of affluent, retired people; a narrow middle class; and a large number of working poor, migrant workers' and other indigents, most of whom are underinsured or uninsured. 2 This creates significant challenges in meeting the healthcare needs of the people in Collier County. The challenges focus on four areas: means, access, knowledge and availability. Many families are financially unable to pay for health care for themselves and their children. Many have jobs with small businesses that do not provide health insurance for their employees or if they do, the cost is unaffordable. Many also have jobs that do not allow time off during the workday to attend to their own or their children's health care needs. Whether resulting from increased population growth or other socio-economic factors, Collier County has a significant number of individuals who can be classified as either uninsured or underinsured. In general, these individuals are working class men and women between the ages of 19 and 64, many having incomes lower than 150% of the federal poverty level. Many of those persons within the above referenced group receive little or no health care at all. Those who do receive periodic treatment often lack access to follow-up care due to a variety of reasons ranging from a lack of funds for prescriptions and/or specialty care to lack of transportation. Such inability to access basic primary care places a tremendous amount of strain on those organizations that do attempt to provide some manner of care for those in need. The burden placed on those entities providing the resources are, in turn, passed on to the rest of the population of Collier County, either directly or indirectly. Although additional supporting data would be helpful, enough data exists to clearly support the conclusions stated above. Data provided by Naples Community Hospital and Collier Health Services, Inc., indicates that most "charity costs" are generated by those between the ages of 19 and 64. For example, for those persons in the 19-64 age range, the percentage of uncompensated care ranged from 62% to 72%. A complete review of the data provided to the Health Care Review Committee reflects that those "working poor" who are in need of greater access to health care, tend to be segregated in specific geographic areas within Collier County. These areas contain a significant "working class" population many of whom are underinsured. Although some of the health care needs of the people living in these cjusters are being met, significant gaps in the access to complete care appears to exist. Specifically, these gaps are present in the areas of primary care, mental health, dental health, and vision care. Collier County covers a large geographic area. This makes availability of health care a major challenge. There are pockets of populations in the county that do not have close access to healthcare. This is aggravated by the lack of transportation. Further, many health care providers are available for routine office hours only during the working day. This encourages the ,u~e~e emergency room, the most expensive alternative, as the provider of choice because it is always open and people know they will not be refused care. The school nurse program, however, is a vehicle by which family education could take place. There are only thirteen nurses serving thirty-four schools and 32,403 students with a ratio of one registered nurse to 2492 students. The national recommended ratio is one nurse to 750 students. All but two of these schools have a school nurse on an average of ten hours per week. In addition, the school nurses often identify children with health care needs and they then find it difficult to find referral sources within the community for these students. There are programs funded totally or partially by the state or federal government to help meet some of the needs of these disadvantaged children, including Medicaid and Healthy Kids. However, there are impediments to getting all eligible children enrolled in these programs and in finding adequate number of physicians and dentists that will care for the children who are enrolled. Further, while these programs concentrate on school age children, they seem to under- serve adolescents. For example, the teenage pregnancy rate is high in Collier County, with an average of one baby being born to a teenager every day of the year. Most of these teen mothers are unwed and nearly a third of them seek prenatal care later than recommended. Collier County ranks among the worst counties in Florida in this area. The availability and affordability of mental health and substance abuse services for the uninsured and underinsured in Collier County have been limited by a variety of factors. Governmental, public and private sources of funds to meet the needs of people seeking mental health and substance abuse intervention have not, and will not, keep pace with the growing demand. Financial resources provided by the State of Florida are primarily targeted towards individuals at risk of institutional care. Fewer public dollars are spent in prevention and education. The increasing need is already outstripping our current community resources as indicated by increasing waiting lists and delays for those seeking care. Anticipated is an increasing demand for emergency mental health and substance abuse intervention, increases in associated crime and incarceration, and subsequent overload of community institutions such as hospitals and law enforcement systems. The ultimate impact is on the taxpayer. For adults over age 65, Medicare generally is satisfactory coverage for hospital services, physician services, diagnostic testing, durable medical equipment, therapies (physical, occupational, speech), and short-term nursing home stays. However, health care costs remain a significant and growing expenditure for the elderly population. At the present there is a significantly greater health care funding problem for adults age 50-64 than for adults 65 and over. '80 4 When looking at availability of dental care for the county as a whole, the picture is dim for low-income persons without dental insurance. The agency that treats the majority of indigent patients' dental needs, Marion E. Fether Medical Center, is located in Immokalee. It is also extremely difficult at the present time for an indigent person to receive dental care in Naples. The sole low cost dental clinic in town, Senior Friendship Center, can accept only patients who are 50 or older. There is a waiting list for its services (approximately one month at this time) as SFC has only one operatory where services are rendered 24 hours per week, although established patients with dental emergencies can usually be treated quickly. Patients with Medicaid fare only slightly better, as there is only one private dentist who accepts it. Statistics from Florida Department of Health's Division of Planning and Evaluation indicate that in 1998, only 24.41% of Collier County's low income (within 100% of federal poverty level) residents had access to dental care, down from 26.24% in 1997 and 29.81% in 1996. When the poverty level is increased to 200%, access to dental care plummets to 9%. In Florida, other counties have found solutions to similar situations by implementing a health care delivery system targeted at a specific population group in need. One of our subcommittees is seeking out effective indigent care models in Florida and elsewhere and exploring ways they might be replicated here in Collier County. Hillsborough Health Care was an obvious model to study because it is nationally recognized as the best in the entire US, and has been replicated in several other communities in Florida and elsewhere in one form or another. Members of our subcommittee made a site visit for a day of intensive dialogue with and presentations by their leadership team. The Hillsborough model is a public/private partnership; it is a managed care system for the indigent residents of their county who do not qualify for other health care coverage. Eligibility is based on Federal Poverty Guidelines. Services are provided free of charge. Hillsborough HealthCare is the result of their county commissioners originally forming a group of local business leaders to study why the local cost of caring for the medical needs of their indigent population kept escalating dramatically. This group was later revised to include health care experts and managed care specialists. 5 The group determined that a critical success factor was to create a public/private partnership of local government, local businesses and the local medical profession to form an integrated healthcare delivery system, not continuing to deliver fragmented healthcare. They recognized that any solution was far too expensive for any one constituency to afford. They concluded that the entire community would benefit from an integrated approach - taxpayers, working poor and other underinsured, hospitals, medical professionals and the business community. They recognized they had limited resources, so they needed to equitably distribute the cost to the entire community. The goal of Hillsborough HealthCare is to provide the same level of preventive, primary care for their target segment of the population that everyone else seeks, but in the most cost effective, efficient manner possible. Hillsborough HealthCare sought competitive managed care proposals from a number of fully integrated networks of physicians and hospitals and competitively selected the best four. Health care is now delivered primarily through a network of twelve neighborhood clinics and is funded by an incremental local sales tax. They have clearly demonstrated in just a few years that their efforts have improved health outcomes dramatically at a reasonable cost to both taxpayers and the medical profession. They now provide access to primary, preventive care to 28,000 eligible persons annually. They have replaced a fragmented, short term, emergency driven delivery approach with a comprehensive, coordinated and managed continuum of care networks. They have reduced costs per member per month to $200. They have dramatically reduced their participant's number of hospital admissions, average length of hospital stay and number of unnecessary emergency room visits. In short, they have changed the health care status of the population they serve as evidenced by the change in nature of hospital admissions from preventable conditions to those that mirror admissions in the general population. In just four years they became so efficient and effective that they were able to cut the incremental sales tax rate in half to only '/4%, having built a reserve of $150 million. This subcommittee has studied other models as well and will continue their efforts in the months ahead. In conclusion, we thank the many people from Collier County who have taken time from their work and families to explore with us the unmet health care needs in our community. Much has been studied and learned. Much remains to be done. Within this interim report many creative solutions are identified. What has yet to be explored are the funding capabilities that exist, not just at the local level, but through state and federal resources, from private g[an~an~.~ 1 foundations, through bonds issued at low rates as incentives to health care facilities interested in addressing our needs, through fees on bond issuance, and if necessary through increases in county taxes to address county needs. The Health Care Review Committee therefore respectfully requests that the Collier County Board of County Commissioners extend the time allowed to enable the Committee to complete its original charge and to present its final findings, conclusions and recommendations in a report that will form a basis for needed future action. INTRODUCTION The issue of health care coverage and access to health care has been the subject of much discussion, concern and debate in recent years at the local, state and national levels. When one speaks of access to health care, one simply means the ability to get needed medical care when and where it is needed. The Institute of Medicine defines health access as "The timely use of personal health services to achieve the best possible health outcomes." Access to care can be hindered by a variety of factors, relating to the ability to pay for care, the availability of services, transportation, and other social and cultural barriers. Lack of health insurance - which is strongly correlated with income level - is the strongest indicator of inferior health care access. Broadly defined, access includes availability, accessibility, affordability and acceptability to patients and providers as well as continuity and coordination of care. As the population of Collier County continues to grow with its diverse socio- economic and cultural demographic mix, health care access challenges and issues are becoming more prevalent and relevant to our quality of life. Although exact figures and information specific to Collier County on the number of uninsured are not presently available, basic interpolations may be made from recently compiled regional information. Data received at the time of this writing from the Florida Health Insurance Study a) indicate that for the aggregate Collier, Charlotte and Lee County region - 113,000 or 19.8% of the population under 65 years of age are uninsured. This compares to 16.8% for the state of Florida. The same source indicates that 21.8% of the population of this 3 county region under 19 years of age lack health insurance coverage. Generally, data for the state of Florida show a lower rate of uninsurance for children under 9 years of age, than those 10-17 yearsw14.8% and significantly lower than that for young adults 18-24 years of age--27.1%. Nationally, most of the uninsured are employed workers and over 80 percent of those uninsured live in families in which someone is employed full or part-time. Assuming that Collier County's uninsured rate is at least that of Charlotte and Lee County's, the estimated number of Collier residents under 65 years of age without health insurance would be approximately 1 in 5 or 34,000. a) Florida Health Insurance Study, Agency for Health Care Administration, 1999 '8O, 1 8 HISTORY In May of 1999 upon the advice and request of the Director of the County Health Department, the Board of County Commissioners by Resolution No. 99-230/257 established the Collier County Health Care Ad Hoc Committee. The resolution was the first to officially address the longstanding issue of improving the insufficient access to medical and other health care services within the community of Collier County. The Board of County Commissioners was specific and focused with regard to the charge to the committee: a) Review existing health care systems in Collier County. b) Determine if adequate access and health care is available to all residents of Collier County. c) Provide a report and recommendations to the Board of County Commissioners Specific functions, powers and duties of the committee include: 1) Examine existing health care systems in place for all Collier County populations. 2) Determine if adequate access and care for the different populations of Collier County exists. 3) If insufficient care or access exists, review options for correcting gaps and make recommendations in the final report. 4) Proposed options should include the improved use of existing resources as the preferred solution. 5) Any funding solutions should include the use of existing health care funding sources and/or private sources before consideration of tax resources. The Committee has been meeting methodically on a monthly basis while six established sub-committees/workgroups meet on a more frequent basis dependent upon pending work or data collection. The six sub-committees are: a) Children's workgroup b) Underinsured workgroup c) Elderly workgroup d) Dental workgroup e) Mental Health and Substance Abuse workgroup, and f) Models that work workgroup In addition a new Sub-committee: Report Facilitation workgroup has recently been created (March 2000). This new workgroup will assure that the final report of the Committee is technically accurate and addresses priority public health access issues and offers specific recommendations. In late December 1999, the Committee released interim progress reports for the Children's, Uninsured, Elderly, Dental and Mental Health and Substance Abuse workgroups--the Models that Work subgroup was not established until January 2000. Summaries of the progress of each individual subcommittee are included in the next section of this report. Immediately subsequent to the establishment of the Health Care Review Committee the Director of the Collier County Health Department resigned to accept a position in the state of Virginia (July 1999). In February 2000, Dr. Joan Colfer assumed the position of Director of the Collier County Health Department. The Committee and the Health Department Director are currently beginning work on the analysis and preparation of the health care policy recommendations in the area of access at the local level. In addition, the long awaited Florida Health Insurance Study administered by the Agency for Health Care Administration was released in April 2000. The survey commissioned by the Florida legislature, is a multi-year project intended to provide a detailed summary of the complex issues of the uninsured. It is envisaged that this survey, one of the most comprehensive studies undertaken to examine health insurance in a single state, will assist the Committee in its work effort and analyses. 10 Although some of the health care needs of the people living in these cjusters are being met, significant gaps in the access to complete care appears to exist. Specifically, these gaps are present in the areas of primary care, mental health, dental health, and vision care. Also the lack of consistent transportation may affect access to care. Presently, various entities both public and private have been attempting to provide the health care needs of those without adequate access to care. Those entities include the following: NCH Neighborhood Clinic Guadalupe Center County Health Dept. Cleveland Clinic David Lawrence Center Friendship House County Social Services Collier Health Services Senior Friendship Center FL Dept. of Health In addition to the above-mentioned entities, other resources are also potentially available to assist in the provision of care. Those entities include the following: Florida Gulf Coast University Edison Community College University of Miami International College Nova Southeastern University Retired physicians and other volunteers In Florida, solutions to similar situations have been found by implementing a health care delivery system targeted at a specific population group in need. These delivery systems have often been based on one of two models, the Safety Net Model (Hillsborough County) and the Dollars Follow Patient Model.6 In the Safety Net Model, the most likely to succeed in Collier County, a joint public/private partnership would establish a delivery system operated similarly to a managed care plan. The care would be provided by contract providers at strategically placed geographic locations. In the second model, patients in the plan would receive their care in a less structured manner from participating providers. In order to provide an acceptable system of health care in Collier County a comprehensive health care system should be established and coordinated from all available and existing resources. In order for such a system to be effective, a constant source of funding must be present. See Ira Clark's HaOCCent, Florida Trend, September 1999. 1'80 12 Potential funding sources include, but are not limited too, local government (sales/property tax), state government (grants/sovereign immunity), and private donations (funds/site locations/volunteer time). Although a source of payment (Medicaid) is available for some of the individuals in the 19-64 age group a significant portion of these persons do not qualify for coverage. Without a coordinated system to deliver primary health care, the expenses generated by these persons will continue to be absorbed by those private entities providing services. The end result will affect, to varying degrees, the entire population of Collier County. Therefore, it is recommended that the Collier County Health Care Review Committee focus its efforts on the development of a health care delivery system, such as the one used in Hillsborough County. The cost for such a plan would be spread out among the private participants in the plan (through the acceptance of lower rates for treatment, volunteer services and the provision of delivery sites), as well as, local and state government entities. At the time of this report, the potential cost to local government has not been determined. However, once a proposed delivery option has been chosen a more definitive cost structure can be determined. THE MENTAL HEALTH SUBCOMMITTEE Executive Summary The availability and affordability of mental health and substance abuse services for the uninsured and underinsured in Collier County have been limited by a variety of factors including the following: · Long waiting lists for publicly funded care, treatment and follow-up services and severe limits on the availability of dollars to increase such services; · Over-utilized emergency and crisis stabilization services which result in increased costs to the community; · Delays in the initiation of court-ordered treatment and placement as well as processing time for defendants with mental illness or substance abuse diagnoses; · Inadequate public or private subsidies for medications, care for persons with a chemical dependency problem, housing and employment opportunities; · The lack of a coordinated, easily-understood community-based system of out- patient care, including supportive counseling; · Constraints upon service availability for all but the most acute need; · The need for increased public transportation, especially for those who have lost their driving privileges. Gaps in services include: · Community-based residential, crisis stabilization and supportive services and alternatives for special populations, such as children and the elderly; · Early intervention and assessment, including case management to coordinate client tracking and appropriate service utilization; · Current Marchman Act and Baker Act receiving services; · Limits on the availability of mental health and substance abuse programs in correctional facilities; · Current availability of prevention, education and rehabilitative services targeted towards the establishment of safety and independence for those who have mental health problems. Proposed solutions include the establishment of a collaborative partnership to raise community awareness and encourage increased funding for mental health and substance abuse from the Florida Legislature; expansion of the availability of affordable insurance programs (e.g. Collier County Healthy Kids Program); development of a full-time resource management position dedicated to securing additional funding to meet the unmet and/or under-funded health care needs of the community; expansion of case management efforts for persons with chronic mental health issues, and provision of a system that monitors and provides timely intervention; establishment of a well-publicized centralized health information and referral service with 24 hour, 365 day per year availability; creation of a Collier County Uninsured/Underinsured Advisory Committee to provide guidance to the Collier Board of County Commissioners; establishment of a specialized taxing mechanism, such as an indigent health care tax, to fund a comprehensive system of indigent care, including mental health and substance abuse services in Collier County. Problem Identification Governmental, public and private sources of funds to meet the needs of people seeking mental health and substance abuse intervention have not, and will not, keep pace with the growing demand. Financial resources provided by the State of Florida are primarily targeted towards individuals at risk of institutional care. Fewer public dollars are spent in prevention and education. The increasing need is already outstripping our current community resources as indicated by increasing waiting lists and delays for those seeking care. Anticipated is an increasing demand for emergency mental health and substance abuse intervention, increases in associated crime and incarceration, and subsequent overload of community institutions such as hospitals and law enforcement systems. The ultimate impact is on the taxpayer. Situational Analysis There is limited data that measures the unmet need for mental health and substance abuse treatment in Collier County. There are indirect ways to look at the scope of the problem. Where possible, the issues of mental health care and substance abuse treatment need to be addressed separately. Though often inter- related, they are not the same. Some data is available from our criminal justice system and the Department of Children and Families Alcohol, Drug Abuse and Mental Health Program office. National statistics indicate that there are more mentally ill persons incarcerated than are in treatment in this country. The average population of the Collier County Jail is approximately 650 inmates. It is estimated that 25% of the incarcerated population are mentally ill. The inmates who report receiving treatment when they come to the Collier County Jail is much less than that, closer to 15%. There have been cases in which the inmate had been released from the David Lawrence Center Crisis Stabilization Unit within 24 hours before being arrested; iljustrating how one aspect of mental health can impact the correctional system. If the definition of mental illness were to include those with diagnosable personality disorders, these percentages would be much higher. '80 In Florida, elicit drug activity accounts for as much as 80% of the over 1.2 million personal and property crimes reported annually in the State. In Collier County, 1126 arrests in 1998 were for drug offenses (excluding drug related offenses). These 1126 arrests include multiple charges as follows: Adults Juveniles Total Alcohol 1513 64 1577 Drugs 2108 306 2414 3621 370 3991 The Collier County Sheriff's Office estimates the percentage of arrests involved with drug and drug related crime combined would be higher than the statewide percentage of 80%. The Sheriff has been operating a Substance Abuse Intervention Program in the jail since 1992, licensed by the Department of Children and Families. The program currently has a recidivism rate of 17.5% for males and 16% for females. Serious mental illness (SMI) is defined as "persons 18 and over who, at any time during an index year, had a diagnosable mental, behavioral, or emotional disorder that met DSM-III-R criteria and that has resulted in functional impairment which substantially interferes with or limits one or more major life activities." SMI reflects only that portion of the population that suffers from persistent mental illness. SMI does not include those with substance abuse problems or those with acute or transitional mental health crisis. Table 1 combines estimates from ~The Agency for Health Care Administration and 2The Substance Abuse and Mental Health Services Administration (SAMHSA), and compares that estimated need with the number of residential treatment beds available in Collier County. 8C Table 1: Estimated of the Number of Persons with Serious Mental Illness (SMI) and Number of Poor Persons with Serious Mental Illness in Collier County Year PopulationISMIzSMI PoorTotal##SMI Poor ~ SMI Beds Beds4 1990 154,587 6,802 891 32 12 1991 163,539 7,196 943 32 12 1992 170,054 7,482 980 32 12 1993 176,143 7,750 1,015 32 12 1994 181,989 8,008 1,049 32 12 1995 188,108 8,277 1,084 32 12 1996 194,601 8,562 1,122 32 12 1997 202,383 8,905 1,167 32 12 1998 212,354 9,344 1,224 32 12 1999 219,437 9,655 1,265 32 12 2000 225,300 9,913 1,299 32 12 2001 231,590 10,1901,335 2002 238,322 10,4861,374 2003 245,289 10,7931,414 2004 252,316 11,1021,454 2005 259,150 11,4031,494 2006 265,721 11,6921,532 2007 272,102 11,9721,568 2008 278,389 12,2491,605 2009 284,682 12,5261,641 2010 291,069 12,8071,678 3The Bureau of Economic and Business Research (BEBR) at the University of Florida estimates the percentage of the population in each county in Florida in poverty. Poverty is defined "by income levels that (depending on family or household size) describe a family as being in want of extreme necessities." Income cutoffs or poverty thresholds used by the Bureau of the Census to determine the poverty status of families and individuals are defined by family size and by presence and number of family members aged 18 and under. Unrelated individuals and two-person families are differentiated by age of householder. If total income of a family or individual is less than the corresponding threshold, the family or individual is classified as below the poverty level. 4SMI Beds is defined as residential or inpatient beds used for psychiatric and mental health treatment. In Collier County, this resource is limited to the Naples Community Hospital, and the David Lawrence Mental Health Center. Problems with the data in Table 1: 1) The majority of people seeking help is not defined as having SMI, but have legitimate acute or sub acute mental illness. SMI data underestimates the real need for mental health care. 2) It is likely that there are a higher percentage of people with mental health issues among the poorer population. Thus, these estimates based on currently available data are likely to be gross underestimates of the real need. 3) The number of poor persons is a different variable than the number of uninsured persons, as is the number of insured persons without coverage for their mental health and/or substance abuse problems. Thus estimates of the numbers of residents in poverty will only very crudely approximate the number of persons needing their mental health and/or substance abuse problems subsidized. The 1997-1998 Alcohol, Drug Abuse and Mental Health Plan Update for District 8 also provided estimates of the number of adults and children in need of mental health services and substance abuse services based on 1998 population estimates. Table 2: Estimated Number of Adults and Children in Need of Mental Health and Substance Abuse Services in Collier County Mental HealthSubstance Abuse AdultsChildrenAdults Children 10,425 4,778 3,682 6,516 However, the ADM Plan Update does not estimate how many of these persons will need their care subsidized. Again, gross estimates can be generated on the number of uninsured persons by using BEBR poverty estimates (as defined above). Table 3: Estimated Number of Poor Adults and Children in Need of Mental Health and Substance Abuse Services in Collier County Mental HealthSubstance Abuse Adults ChildrenAdults Children 1366 1042 482 1420 In 1998/1999 the David Lawrence Center opened 10,928 cases, of which 91% were at or below the federal poverty guidelines. Ten years ago 60% of all clients seen by the David Lawrence Center were at or below the federal poverty guidelines. The number of uninsured, working poor citizens who need subsidized care is growing at an alarming rate. An initial meeting of Partners in Crisis, a statewide organization of community and State leaders who are seeking to address the lack of State funds for mental health and substance abuse programs was held on March 30, 2000. The agenda and data presented at that meeting is attached. Unmet Needs According to information provided by the David Lawrence Center several critical areas of need have waiting lists and have limited access, particularly in the following areas: · Chemical dependency · Residential treatment · Subsidized psychiatric & psychotropic medications · Affordable housing · Long term supportive counseling Gaps in service include: · Crisis stabilization for children · Residential care for children · Ongoing support of children in the welfare system · Early intervention and assessment for all ages · Marchman Act receiving facility · Expanded Baker Act receiving facility · Additional mental health and substance abuse programs in correctional facilities · Halfway Houses for the chemically dependent · Elderly day treatment and transitional living programs · Elderly respite care and family support Resources In Collier County the system of mental health and substance abuse care is a patchwork quilt of services provided by a variety of public and private agencies. Information and referral services are provided by the Mental Health Association of Collier County, the NCH Health Care System/Briggs Resource Center, Project HELP, and the Naples Alliance for the Mentally III. The Naples Community Hospital, David Lawrence Center, and the Willough at Naples provide in-patient care. Many outpatient programs and services are also available. Current mental health and substance abuse treatment resources for indigent care include the following: 19 · AAR Services Alliance for the Mentally III · Alzheimer's Support Network Catholic Social Services Collier County Jail Collier County Public Schools · David Lawrence Center · Epilepsy Foundation · Lutheran Ministries · Marian E. Fether Medical Center · Mental Health Association · NCH Healthcare System · Neighborhood Health Clinic · Project Help · Saint Matthew's House · Shelter for Abused Women · Willough at Naples · Youth Haven Private practitioners, such as physicians, psychologists, counselors, and addiction specialists also provide indigent care on a case-by-case basis. Collier County also has a wide variety of supportive self-help groups. Numerous mental health education, advocacy, and prevention efforts are focused on the promotion of positive well being throughout Collier County. Potential Solutions · Support the effort of"Partners in Crisis" in creating a collaborative community coalition of providers, funding sources, public health advocates, concerned citizens, business representatives and public spokespersons. Use the coalition to raise community awareness and encourage increased funding for mental health and substance abuse from the Florida Legislature. · Provide more preventative information and education. Develop an aggressive public service campaign to maximize prevention & education dollars. Focus community efforts on assessment and early intervention. · Hire a full-time grant writer to work with organizations to secure additional funding for Collier County (perhaps managed through "Partners in Crisis"). · Create a Collier County Uninsured / Underinsured Advisory Committee to provide guidance to the Collier Board of County Commissioners, for oversight of public funding efforts and monitoring of unmet needs especially in areas of pharmaceutical treatments, inpatient and outpatient treatment, and access to timely care. · Expand insurance programs, such as the Healthy Kids program. Place outreach workers at hospitals and clinics to improve access to Medicaid, Medicare and other insurance programs. i 8 C 20 Expand case management efforts for persons with chronic mental health issues, and to provide a system that monitors and provides timely intervention. Establish a well-publicized centralized health information and referral service with 24 hour, 365 day per year availability. Consolidate current efforts of multiple organizations into one effective community resource. Establish specialized taxing mechanism, such as an indigent health care tax, to fund comprehensive indigent care to include mental health and substance abuse. r8C 2! THE CHILDREN'S HEALTH SUBCOMMITTEE Problem Identification Collier County is one of the fastest growing counties in Florida and in the entire United States. All sectors of the population are growing at an exponential rate and are expected to continue to grow. The mid-year estimates for 1999 for children under one year of age to 19 is 48,774. There are 2,691 children 0 to 4 years of age and 36,084 school age children, ages 5 to 19 in Collier County. The number of children enrolled for school year 1999-2000 is 32, 403 in the public schools and 3,008 in private schools. The county is comprised of culturally and economically diverse population with a wide range of economic means, including large numbers of affluent, retired people; a narrow middle class; and large number of working poor, migrant workers' and other indigents, most of whom are underinsured or uninsured. This creates significant challenges in meeting the healthcare needs of the children in Collier County. The challenges center in four areas: means, access, knowledge and availability. Many families are financially unable to pay for health care for their children. Many have jobs with small businesses that do not provide health insurance for their employees or if they do, the cost is unaffordable. Many also have jobs that do not allow time off during the workday to attend to their children's health care needs. Many of these same parents do not have access to transportation required to visit a health care provider. There is no public transportation system in Collier County. NCH has established health care centers in Immokalee, Golden Gate and Marco Island areas, but pockets of underserved children still remain throughout the county, i.e.: Everglades and East Naples. The culturally diverse population locally presents many healthcare challenges, including health education. Some parents are unaware of recommended health schedules and routine "well child" care such as immunizations and preventive health maintenance. Education of families from varying cultures is critical in assuring that children receive routine care. The school nurse program, currently supported for the most part by NCH is a vehicle by which family education could take place. There are only thirteen nurses serving thirty-four schools and 32,403 students with a ratio of one registered nurse to 2492 students. The national recommended ratio is one nurse to 750 students. All but two of these schools have a school nurse on an average of ten hours per week. ?80 22 In addition, the school nurses often identify children with health care needs and they then find it difficult to find referral sources within the community for these students. Collier County covers a large geographic area. This makes availability of health care a major challenge. There are pockets of populations in the county that do not have close access to healthcare. This is aggravated by the lack of transportation. Further, many health care providers are available for routine office hours only during the working day. This encourages the use of the emergency room, the most expensive alternative, as the provider of choice because it is always open and parents know they will not be refused care. There are programs funded totally or partially by the state or federal government to help meet some of the needs of these disadvantaged children, including Medicaid and Healthy Kids. However, there are impediments to getting all eligible children enrolled in these programs and in finding adequate number of physicians and dentists that will care for the children who are enrolled. Further, while these programs concentrate on school age children, they seem to under serve adolescents. For example, the teenage pregnancy rate is high in Collier County, with an average of one baby being born to a teenager every day of the year. Most of these teen mothers are unwed and nearly a third of them seek prenatal care later than recommended. Unmet Needs: Limited or no access to preventative and routine health care for uninsured and underinsured children and adolescents. Impacted by': Increased county population growth and changing demographics of children/families Increased numbers of seasonal and service-oriented employees without health insurance benefits Limited access of health services after normal business hours Lack of public transportation system Limited number of physicians that accept Medicaid Insurance Ineligibility for health care services based on non-citizen and migrant status Limited identification, assessment and treatment services for children with developmental delays Statewide 12-15% of Florida children are uninsured. Statewide 17% of Floridians under the age of 65 are uninsured and in Collier County 20% under the age of 65 are uninsured; ! 8 0 23 Impacted by: Inadequate ongoing local matching funds for Healthy Kids Insurance Dependence on private sector as the only source for funding of Healthy Kids Insurance Inadequate outreach activities to improve access to Medicaid and other insurance programs Limited local availability of pediatric specialty practice physicians, particularly in ENT, Endocrinology and Dermatology. Inadequate number of full time school health nurses in the Collier County Schools that provide linkage to the community health care system. Potential Solutions: Develop and implement a County Health Improvement Plan, Includinq: Establish an ongoing Health Care Committee with reporting status to County Commissioners. Hire a full time grant writer to work with the committee to secure funding sources for health care. Develop a public service campaign on preventative health care including access and availability of services. Implement a health care delivery system targeted at the population in need based on established models such as the Hillsborough County Health Care Plan. Establish ongoing funding for the Healthy Kids Insurance Program and comprehensive health care system for the uninsured and underinsured. Expand community outreach activities to enroll more eligible participants in insurance programs. Implement a comprehensive school health services program in all County Schools with full time registered nurses who can facilitate children's access to primary health care, provide for the early identification of health problems and manage health problems with other community providers. '8C 24 Resources: Community entities both public and private that have been providing support for health care services are: Collier County Health Department Cleveland Clinic of Florida NCH Healthcare System/School Nurse Program/Kidsville Neighborhood Health Clinic Collier Health Services CMS (Children's Medical Services) Nemours Clinic Private Practice Physicians Walk In Health Care Centers David Lawrence Center Willough at Naples Guadalupe Center Collier County Social Services Collier County Public Schools/Exceptional Student Education Nurses Resource Appendixes/Children's Workgroup: References for Report General Information 1. The Torture's Horse: Caring for the Poor 2. Facts on Uninsured Kids 3. The Impact of Children's Health Insurance Program by Age Medicaid 2. 3. 4. 5. 6. 7. Four-Year Medicaid Trends by County Collier County Medicaid Clients: January 2000 Number of Medicaid Eligible by Program-Group/Collier County Medicaid Utilization Data for Selected Services Number of Medicaid Eligible by Age-Group/Collier County Medicaid Expenditures by Age Categories Medipass Physicians Map / Collier County Health Kids Insurance Program 2. 3. 4. 5. 6. 7. 8. Kidcare/Healthy Kids Factoids Eligibility for Florida Kidcare Healthy Kids Enrollment Trends/Collier County Healthy Kids Actuarial Numbers/February 1999 Healthy Kids Enrollees by Zip code Area/Collier County Collier Kidcare Report Card Florida Kidcare Recommendations Kidcare Enrollment November/December 1999 !'8C 25 Outreach for Enrollment 1. Outreach Ideas from Covering Kids Proposals 2. Ten Ways Community Organizations Can Link Children to Medicaid and Other Insurance Programs County Programs for Matching Funds 1. Counties with Local Matching Funds from County-Government Based Sources 2. Local Government Financial Information Handbook: September 1999 School Health Nurse Services 1. 1999-2000 Summary of Collier County School Health Services 2. Report: A Relationship Between Availability of School Nurses and Child Well-Being 3. Issue Brief: Comprehensive School Health- What School Board Members Have to Say '80 1 26 THE ELDERLY SUBCOMITTEE Assignment: To examine the health care needs and health care systems for the elderly population of Collier County. To make recommendations to correct deficiencies. To pay particular attention to preventative and primary care services. Workgroup members: Dr. Hermes O. Koop Dr. Donavin Baumgartner, Jr. Mr. Matthew Levine Mrs. Dorothy Campbell Meeting Dates: October 20, 1999 November 10, 1999 December 1, 1999 January 12, 2000 February 9, 2000 The Elderly Definition: Due to the effect of Medicare on health care funding for individuals 65 and over, the elderly will be examined in two groups: a) Age 65 and older b) Age 50 to 64 Data Sources: a) Uncompensated Care Study, October 1, 1997 to September 30, 1998; Fraser & Mohlke Assoc., Inc. b) Senior Friendship Center, 1995 - 1998 c) Collier Health Services, Inc., 1998 d) Collier Community Transit - Intel Tran e) FoCus data f) ACHA Discharge Data for Collier County, 1996 - 1998 g) NCH Healthcare System Outpatient Analysis Fiscal Year 1997 - 1998; Fraser & Mohlke Assoc., Inc. h) Collier County Population Data by Zip Code, 1998; Claritas, Inc. i) Morbidity and Mortality Weekly Report: Surveillance for Selected Public Health Indicators Affecting Older Adults- U.S. December 17, 1999 '80 27 j) Neighborhood Health Clinic, Inc.; April- June 1999 Data k) Associated Press: AARP data, 1995 INTRODUCTION Healthcare in the elderly is an extremely important issue. Adults age 65 and older are growing rapidly in number, between 1995 and 2030 this U.S. population is expected to double from about 33.5 million to 69.4 million. Since health care expenditures for older adults are disproportionate to their numbers (i.e. in 1995 13% of the population spent 35% of the health care dollar), the aging population has important implications for the health care system. Due to the large elderly population of Collier County, this impact is even greater. In 1998 the 55 and older population of Collier County was 69,060, about 35% of the total population of 198,093. Since this county remains an attractive area for seniors, continued growth of this population segment can be expected. We need to insure adequate access and coverage for all health services. AGE 65 AND OLDER Significant Data: Demographics: a) Largest numbers of this age group reside in zip codes 34112 (East Naples), 34103 (Naples), 34108 (Naples), 34145 (Marco Island), & 34102 (Naples). b) Visits to Senior Friendship Center are from following areas: East Naples -40%, Golden Gate- 35%, North Naples- 15%, Marco Island/South Collier County - 10% c) Visits to Collier Health Services, Inc. are from following areas: Naples - 56%, Immokalee - 39% Funding: a) none b) Medicare alone c) Medicare plus Medicaid d) Medicare plus Secondary e) private indemnity insurance Despite Medicare's coverage, AARP (1995 data) reports that the average individual will still spend $2430 per year, out of pocket, about 19% of their average income. rec 28 Per ACHA data, for the age group 65 and older, 33 of 9841 hospital discharges for Collier County were self-pay in 1996. These numbers were 36 of 10,412 in 1998. Per Fraser & Mohlke, for the year 1998, 146 inpatients, 65 and older, of the NCH Healthcare System, were classified as charity patient cases (of 1955 total), representing about $400,000 in expenses. In this same age group there were 265 uncompensated outpatient cases (of 6915 total), representing about $110,000 in expenses. Geographic Access: Most health services are located in proximity to major clinics and hospitals, i.e. near Naples Community Hospital, North Collier Hospital, Cleveland Clinic Florida, Marion E. Fether Medical Center Transportation: Other than private transportation or taxi, the only other available transportation is through Collier Community Transit (Intelitran). Dental/Eye Exams a) Per MMWR data use of dental services decreases with advancing age, probably because lack of dental insurance is more common among people over 65. In Florida 65.8% of people over 65 reported a dental visit during the preceding 12 months. b) Other than private dental care the only resources for low income individuals are the Marion E. Fether Medical Center in Immokalee and the Senior Friendship Center in Naples. c) Medicare does not cover costs of prescription glasses. Mental Health/Substance Abuse Defer to relevant workgroup Pharmaceutical Costs: a) For the elderly the only coverage for drug costs is through private prescription plans or, if eligible, through limited Medicaid coverage. b) AARP (1995 data) reports the average prescription costs per year is $413 per Medicare recipient, or 17% of their out of pocket medical expenses. Home Care: a) No good data on adequacy of coverage for low-income individuals. b) Per ACHA data, 11.9% of hospital discharges for Collier County required home care in 1998. (65 and older) J8C 29 Nursing Home Care: a) No good data on adequacy of coverage for low-income individuals. b) Limited funding options - Limited Medicare, Medicaid c) Per ACHA data, 11.5% of hospital discharges for Collier County required skilled nursing care in 1998. (65 and older) End of Life Care: Hospice - excellent coverage. Preventative/Primary Care: a) Medicare does not cover many preventative services, such as routine physician exams, tetanus immunizations, routine cholesterol/blood sugar levels. b) Per MMWR data, between 1995 - 1997 only 75 - 80% of people had a routine check-up during the preceding year. For people over 65 in Florida this number is 92%. c) Per MMWR data, 59.1% of Florida adults age 65 - 74 are overweight, 28.9% are physically inactive, and 13.0% are current smokers. CONCLUSIONS: a) Medicare is satisfactory coverage for hospital services, physician services, diagnostic testing, durable medical equipment, therapies (physical, occupational, speech), and short-term nursing home stays. b) Health care costs remain a significant and growing expenditure for the elderly population. RECOMMENDATIONS: Explore funding options to insure better access and coverage for health services not covered by Medicare for low-income individuals, i.e., prescription costs, dental, prolonged nursing / home care. Implement an ongoing assessment program to insure continued adequacy of health care coverage and services over time. Improve community awareness of available services. Promote the increase of medical services in the East Naples and Golden Gate areas. Expand dental services for low-income elderly. Examine transportation alternatives for the elderly. Emphasize, educate and possibly incentive preventative measures and good health habits. Examine adequacy of long term care options for the elderly '8C 30 AGE 50 TO 64 Significant Data: Demographics: a) Data more limited on where this population primarily lives - probably throughout the county. Based on available data a relatively larger proportion of low income adults probably live in the East Naples, Immokalee and Golden Gate communities. b) No data on number of retirees with preexisting conditions, not yet eligible for Medicare. Funding: a) None b) Medicaid c) Medicare (disability) d) Employer sponsored e) Private Indemnity Per ACHA data, for the age group 50 - 64, 347 of 3083 hospital discharges for Collier County in 1996 were self-pay. These numbers were 324 of 3231 in 1998. Per Fraser & Mohlke, for the year 1998, 481 inpatients, age 50 to 64, of the NCH Healthcare System, were classified as charity cases (of 1955 total), representing about $4.5 million in expenses. In this same age group there were ..-1100 uncompensated outpatient cases (of 6915 total), representing about $1.15 million in expenses. Geographic Access: Same as age group 65 and over. Transportation: Same as age group 65 and over. Dental/Eye Exams: Per MMWR data, 70.2% of Florida adults between 55 and 64 reported a dental visit during the preceding 12 months. Mental Health/Substance Abuse Defer to relevant workgroup Pharmaceutical Costs: Same as age group 65 and over. '80 Home Care: a) Same as age group 65 and over. b) Per ACHA data, 7.6% of hospital discharges for Collier County required Home Health Care in 1998. (age 50 - 64) Nursing Home Care: a) No good data on adequacy of coverage for low-income individuals. b) Only funding source: Medicaid, for low-income adults. c) Per ACHA data, 1.3% of hospital discharges for Collier County required skilled nursing care in 1998. (age 50- 64) End of Life Care: Hospice - excellent coverage. Preventative/Primary Care: a) Limited coverage for Medicaid / Medicare population with no coverage for low-income population. b) Per MMWR data, only 79% of people in Florida, between ages 55 and 64 had a routine check-up in the preceding 2 years. c) Per MMWR data, 62.8% of Florida adults age 55 - 64 are overweight, 31.8% are physically inactive, and 22.2% are current smokers. CONCLUSIONS At the present there is a significantly greater health care funding problem for adults age 50 to 64 than for adults 65 and over. RECOMMENDATIONS · Explore funding options to insure better access and coverage for individuals in this age group. · Implement an ongoing assessment program to insure continued adequacy of health care coverage and services over time. · Promote the increase of medical services in the East Naples and Golden Gate areas. · Expand dental services. · Examine transportation alternatives. · Emphasize, educate and possibly incentive preventative measures and good health habits. '8C 1 32 THE DENTAL SUBCOMMITTEE Efforts to Date Since it's interim report of December 8, 1999, the Dental Subcommittee has had five additional meetings. The subcommittee interviewed the following persons to gain insight into their perspectives on the dental issues in Collier County: Bill Dillon, attorney for Collier Health Services, Inc. George Barton, Naples Community Hospital Dorothea Campbell, Coordinator for Senior Friendship Center Donald Deschesnes, D.D.S., Dentist at Senior Friendship Center Franklin Boyar, D.D.S., Project: Dentist Care of Palm Beach Roger Evans, Collier County Health Department In addition, a subcommittee member interviewed Dennis Lucas, D.M.D., and President of the Collier County Dental Association in a meeting of the children's health subcommittee. Bill Lascheid, M.D., has also informed members during full committee meetings, of the frequency of requests for dental services made by patients at the Neighborhood Health Clinic. The subcommittee's two advisors, Allison Nist, M.D. of the Collier County Health Department and Wendy Wilderman, M.P.H. of the Florida Department of Health, keep the subcommittee informed of the progress of the proposed volunteer dental clinic, Project Dental Care of Collier County. The subcommittee reviewed data from: Florida Statutes, dental practice permits, dental treatment protocols of Senior Friendship Center, sliding fee scale of dental services at Senior Friendship Center, Medicaid data of sources for dental services to its Collier recipients, public health indicator reports on low-income persons' dental care access. The subcommittee toured Senior Friendship Center, including its dental operatory, and intends to tour Marion E. Fether Medical Center (and its dental section) in early May. Efforts are underway to meet with a representative of the Registered Dental Hygienist Association of Collier County. Findings When looking at availability of care for the county as a whole, the picture is dim for low-income persons without dental insurance. The agency that treats the majority of indigent patients' dental needs, Marion E. Fether Medical ~enter,[~ located in Immokalee. i~ 8 1 It is extremely difficult at the present time for an indigent person to receive dental care in Naples. The sole low cost dental clinic in town, Senior Friendship Center, can accept only patients who are 50 or older. There is a waiting list for its services (approximately one month at this time) as SFC has only one operatory where services are rendered 24 hours per week, although established patients with dental emergencies can usually be treated quickly. Patients with Medicaid fare only slightly better, as there is only one private dentist who accepts it. The cost of providing dental care is very high; the overhead in a dental office is approximately 70%. Naples Community Hospital has desires of opening a pediatric dental clinic that would accept any child seeking help, regardless of the family's ability to pay. However, the plans for this clinic have been put on hold due to the Florida Statute requiring all dental practices to be owned by dentists. Project Dentist Care (PDC) is a successful volunteer dental program in various counties in Florida whose volunteers receive sovereign immunity through contracts with the state. They can earn continuing education credits for the volunteer work. The representative who met with the subcommittee noted that it is best to make volunteer programs as easy as possible for people to volunteer, work the hours they want and see the type of patients they prefer, and have good equipment in the clinic. There is a possibility that this model will be implemented at the Collier County Health Department in its existing operatories which currently are not in use due to budgetary constraints. r8c 34 MODELS THAT WORK SUBCOMMITTEE The objective of this working group is to seek out effective indigent care models in Florida and elsewhere and explore ways they could be replicated here in Collier County. We expect to demonstrate to the Board of Commissioners ways it can address our local health care access needs. To date we have studied three models: Hillsborough HealthCare (Hillsborough County, FL) Carondelet LifeCare Ministries (St. Paul and Minneapolis, MN) Marion County Indigent Care (Marion County, FL) Brief highlights of each of these Plans are presented below. Hillsborough HealthCare: This is the obvious model to study because it is nationally recognized as the best in the entire US, and has been replicated in several other communities in Florida and elsewhere in one shape or another. Members of our Group made a site visit for a day of intensive dialogue with and presentations by their leadership team. Basically, the Hillsborough model is a public/private partnership; it is a managed care system for the indigent residents of their county who do not qualify for other health care coverage. Eligibility is based on Federal Poverty Guidelines. Services are provided free of charge. Hillsborough HealthCare is the result of their county commissioners originally forming a group of local business leaders to study why the local cost of caring for the medical needs of their indigent population kept escalating dramatically. This group was later revised to include health care experts and managed care specialists. The group determined that a critical success factor was to create a public/private partnership of local government, local businesses and the local medical profession to form an integrated healthcare delivery system, not continuing to deliver fragmented healthcare. They recognized that any solution was far too expensive for any one constituency to afford. They concluded that without setting the right strategy the cost of indigent health care would continue to escalate. They concluded that the entire community would benefit from an integrated approach - taxpayers, working poor and other underinsured, hospitals, medical professionals and the business community. They recognized they had limited resources, so they needed to equitably distribute the cost to the entire community. !80 The goal of Hillsborough HealthCare is to provide the same level of preventive, primary care for their target segment of the population that everyone else seeks, but in the most cost effective, efficient manner possible. Hillsborough HealthCare sought competitive managed care proposals from a number of fully integrated networks of physicians and hospitals and competitively selected the best four. Health care is now delivered primarily through a network of twelve neighborhood clinics and is funded by an incremental local sales tax. They have clearly demonstrated in just a few years that their efforts have improved health outcomes dramatically at a reasonable cost to both taxpayers and the medical profession. They now provide access to primary, preventive care to 28,000 eligible persons annually. They have replaced a fragmented, short term, emergency driven delivery approach with a comprehensive, coordinated and managed continuum of care networks. They have reduced costs per member per month to $200. They have dramatically reduced their participant's number of hospital admissions, average length of hospital stay and number of unnecessary emergency room visits. In short, they have changed the health care status of the population they serve as evidenced by the change in nature of hospital admissions from preventable conditions to those that mirror admissions in the general population. In just four years they became so efficient and effective that they were able to cut the incremental sales tax rate in half to only 1/4%, having built a reserve of $150 million. Carondelet Life Care Ministries: While Hillsborough HealthCare is a more comprehensive model, we were also very impressed with the Carondelet LifeCare Ministries in Minnesota. The sole mission of this order of Catholic nuns now is to care for the health care needs of the indigent. In many respects, their organization is similar to, but larger size and broader in scope, than the Neighborhood Health Clinic in Collier County. Both organizations have a mission to provide free or low cost medical care to the indigent and underinsured in a manner that honors the dignity of their patients using volunteer medical professionals and staff. The organization began in the early 1990's with initial funding by the Order of less than $1 million. They now have 11 clinics strategically located in all the poorer neighborhoods in the seven county Twin Cities area where the need is greatest. The clinics are supported by a central headquarters staff. A key to their success is their volunteer base; they average over 200 volunteer physicians, nurses and admissions persons each week.. All of the 800 physicians enrolled in their program, representing all specialties, are volunteers; 80% are still in active practice. Each of their clinics is operated rent-free in a church facility or other location on a part time basis. They merely lock up equipment and supplies at all other times. They conduct 5000 patient visits a year, 20% of which are children. They charge nothing, but do request a minimum contribution. They contract with local hospitals. Their annual cash-operating budget is $500,000. They have a small paid staff. They are able to negotiate very favorable rates with local hospitals, a major pharmacy wholesaler and insurance coverage. All fundraising is from the private sector - from private foundations and local corporations headquartered there and from one annual gala dinner party. They accept no government funding and have strong support from the local medical society. While they have been successful in meeting many of the healthcare needs of their target population for very little cost it is important to understand that the State of Minnesota has a comprehensive state-funded indigent healthcare plan in place that Florida does not. This reduces greatly both the number of eligible participants seen and the length of time they need to be served by Carondelet LifeCare Ministries. EXECUTIVE SUMMARY REQUEST BY DOUG SCHRODER REPRESENTING THE COCOHATCHEE NATURE CENTER REGARDING REVISIONS TO THE PARKS AND RECREATION FIVE YEAR CAPITAL IMPROVEMENT PLAN. Objective: For the Board of County Commissioners to determine the appropriateness of moving the board walk and pier project at Barefoot Beach Park forward on the Five Year CIP as requested by the petitioner. Consideration: Currently staff has preliminary designs and estimates for the construction of a 1000' boardwalk and pier at Barefoot Beach Park. This boardwalk would extend east from the learning center into the back waters of Wiggins Pass. This would allow for nature and interpretive walks through the mangroves as well as give access to the beach from the back waters. The current cost estimates for this project is $515,000 and has been identified on the Parks and Recreation Department's five year capital improvement plan for permitting and design to start in 2002 and construction in 2004. Mr. Schroder has requested that the Board of County Commissioners consider moving the project forward on the CIP. Growth Management: This facility would be inventoried in the Growth Management Plan. Fiscal Impact: Funds are available in Park Impact Fees Fund 346 Recommendation: construction on the Five Year CIP. Prepared by: '~9~,'rn~ ,~,/, 3 'J~es Fitzek, ~p~rations Manager Department of Parks and Recreation Reviewed and ~G~[ ~ Approved by' Maria Ramsey, Dirdctor / . Department of Parks and Recreation Reviewed and ~~_ ~ Approved by: ~' ;:?i~oC nhS~ ~pd2il~j~ That the Board of County Commissioners give staff direction on where to place the pier Date: /~-/J/'~ Date: AGENDA ITEM No, MAY 2 3 2000 EXECUTIVE SUMMARY A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NAPLES COMMUNTIY HOSPITAL. OBJECTIVE: To execute a settlement agreement and mutual release between the Board of County Commissioners and Naples Community Hospital. CONSIDERATION: The County provided EMS services to patients of Naples Community Hospital (NCH) with dates of'service from July 1, 1997 to Decernber 31, 1999. The DepartmentofRevenue(DOR) billed NCH in the amount of$1,018,918 for these patient transports. A disagreement between NCH and DOR arose as to who the responsible party for the transport was The County and NCH desire to resolve the dispute and settle the outstanding billings. The Settlement Agreement and Mutual Release has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: NCH will submit to the County one hundred percent (100%) of payment for Medicare Part A transports in the amount of $461,826. After the County bills and attempts to collect the $557,092 in non-Medicare transports, the maximum impact to the County, if zero percent (0%) of the non-Medicare bills are collected, would be $392,122. NCH will pay a portion of the uncollected non-Medicare transports in an amount not to exceed $164,970. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioner approve the settlement agreement and mutual release between Collier County and Naples Community Hospital. SUBMITTED BY: Date: Diane B. Flagg, Chief, Emergency Servi6es Department APPROVED BY: Thomas Storrar, Emergency Services Ad.hini~lo~.~l{rEM ' 2000 PREPARED IN ANTICIPATION OF LITIGATION AND REFLECTS A MENTAL IMPRESSION, CONCLUSION, LITIGATION STRATEGY OR LEGAL Tlq'F, ORY OF THE ATTORNEY OR AGENCY AND IS EXEM~PT FROM DISCLOSURE AS A PUBLIC RECORD PURSUANT TO §119.07(3)(0, FLORIDA STATUTES. SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter refen~ to as the "Agreement and Release") is made and entered into as of the day of .. , 2000, by and between Collier County, Florida ("County"), a political subdivision of the State of Florida, and Naples Community Hospital, Inc. ("NCH"), a Florida corporation. WITNESSETH: WHEREAS, County has provided ambulance service to patients of NCH with dates of service from July 1, 1997 to December 31, 1999 pursuant to Collier County Ordinance No. 96-36 (the "Ambulance Services"); and WHEREAS, County has billed NCH m the approximate amount of $1,018,918 for Ambulance Services provided by County to and among NCH facilities; and WHEREAS, a dispute has ~.afisen between County and NCH as to whether NCH is the proper party to be billed for the Ambulance Services; and WHEREAS, County and NCH desire to resolve this dispute with regard to bills submitted · to NCH by County for Ambulance Services in the approximate amount of $1,018,918 (the 1 WHEREAS, County and NCH hereby further desire to release each other from any and all claims and/or actions related to the disputed billing which is the subject of this Agreement and Release; and WHEREAS, County and NCH desire to reduce their settlement of said billing dispute to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, heirs and affiliates. NOW, THEREFORE, for and in consideration of the mutual promises and benefits conferred herein, the payments recited herein, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. Recitals. County and NCH adopt and incorporate the foregoing recitals, sometimes referred to as "whereas clauses," by reference into this Agreement and Release. 2. Medicare Part A Bills With regard to Bills for which Medicare Part A provides coverage NCH shall pay $461,826, representing payment for services provided up 'to and including December 31, 1999. For Bills from January 1, 2000 through the effective date of the proposed amendment to the fee scheduled contained in Resolution No. 98-419,'the rate NCH will pay for such services will be equal to the current Medicare Inflation Index Charge. 3. Non-Medicare Bills and Medicare Part B Bills-.~ With regard to Bills for which Medicare Part B provides 'coverage, County shall be responsible for billing and collecting such payments. With regard to Bills for which neither 2 Medicare Part A nor Medicare Part B provide coverage in the approximate amount of $557,092, NCH shall pay an amount not to exceed $164,970 after County attempts to bill and collect such Bills as described in this paragraph. As a condition precedent to said payments by NCH, County will rebill these charges to the individual patients prior to demanding paymere from NCH. County shall not demand payment from NCH for said bills for a period of ninety days from the date of billing to patients, after which time County may demand payment and NCH agrees to pay for such Bills as described in this paragraph. County shall not demand payment from NCH for those cases where patients have paid said charges upon rebilling. 4. ,Accounting. County shall have full, absolute and complete discretion to account for and distribute the monies paid by NCH pursuant to this Agreement and Release in any proper and lawful manner deemed appropriate by County. However, under no circumstances shall NCH be required to pay, regardless of County's accounting methods, an amount in excess of $626,796. 5. pa.vment Schedule. With regard to the Medicare Part A covered Bills, NCH shall pay to County the amount of $461,816 no later than June 1, 2000 With regard to the non-Medicare Bills, NCH shall pay in accordance with Section 3 of this Agreement and Release. 6. Release by County.. Except for any claims or actions which might arise under this Agreement and Release, County hereby fully and finally releases, acquits, satisfies and forever discharges NCH and its agents, representatives, sureties, officers, directors, employ~.e.s., .. successors, assigns and affihates from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, 3 judgments, executions, claims or demands whatsoever, in law or in equity, which County now has or may have in the future against NCH arising out of the disputed billings which are the subject of this Agreement and Release. 7. Release bv NCH. Except for any claims which might arise under this Agreement and Release, NCH hereby fully and finally releases, acquits, satisfies and forever discharges County and its agents, representatives, sureties, officers, directors, employees, successors, assigns and. affiliates from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgmmts, executions, claims or demands whatsoever, in law or in equity, which NCH now has or may have in the future against County arising out of the disputed billings which are the subject of this Agreement and Release. 8. Miscellaneous. This Agreement and Release shall be governed by the laws of the State of FIorida. Any litigation concerning this Agreement and Release, which is not released by Sections 6 and 7 of this Agreement and Release, shall occur only in the Collier County, Florida, County and Circuit Courts and/or in the Federal District Court for the Middle District of Florida. 8.01 This Agreement and Release sets forth the entire understanding and agreement of the parties, and all prior agreem.ents, proposals,-and negotiations, both written and oral, not incorporated herein are'hereby canceled. This Agreement and Release can only be modified in writing, signed by the party or parties to be charged. 8.02 This Agreement and Release is for the benefit of the parties hereto, their successors, predecessors, assigns, representatives, ag~gt.s., insurers, sureties, and legal representatives. 8.03 This Agreement and Release is freely and voluntarily executed by all parties after having been appraised of all relevant information and data. The parties, in 4 8.04 executing this Agreement and Release, do not rely on any inducements, promises, or representations made by any other party or any of the representatives of any other party other than the promises and representations set forth in this Agreement and Release. This Agreement and Release may be executed in any number of courtlea, parts, each of which shall be deemed an original, but all of which shall constim~ a single instrument. If any provision or any portion of any provision of this Agreement and Release, or the application of any provision or portion thereof to any person or circumstance, shall be held invalid or unenforceable, the remaining portion of such provision and the remaining provisions of this Agreement and Release shall not be affected thereby. 9. Application of Agreement. This Agreement and Release shall apply exclusively to County Ambulance Services and Bills described in the recitals of this Agreement and Release. IN WITNESS WHEREOF, the parties hereto have executed ~ Agreement and Release the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman "(1) Witness Signature NAPLES COMMUNITY HOSPITAL, INC. Printed/Typed Narr~ By: Signatu~ 5 (2) Witness Signature Title Printed/Typed Name Printed/Typed Nm-ne (corporate seal) Approved as to form and legal sufficiency for County: Approved as to form and legal sufficiency for NCH: Ramiro Mafialich Chief Assistant County Attorney Burr L. Saunders, Esq. h: RMkLitqqCl-BSettlementAgree&MutualRel. 6 EXECUTIVE SUMMARY OBTAIN BOARD APPROVAL TO AMEND RESOLUTION 98-419. OBJECTIVE: To obtain Board approval to amend Collier County Resolution 98-419; user fees for Collier County Emergency Medical Services (EMS) ambulance services. CONSIDERATION: For patients who require medical care, the Collier County EMS Department provides transportation between medical facilities that are owned by the same entity. Patients who do not require medical care are transported by pr[v. ae and/er non-profit non -emergency transport agencies. It is staffs recommendation to establish an interfacility transport user'fee ha the User F~ Resolution. FISCAL IMPACT: The interfacility user fee would be set at the Medicare Inflation Index Charge. The Medicare Inflation Index Charge for the year 2000 is $.25,6.(~0 and $4.00 per mile for the majority of these transports. This will result in approximately $300,000 in annual revenue GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the amendment of the User Fee Resolution to establish an interfacility user fee set at the Medicare Inflation ,,!xndex-C~arge. PREPARED BY: Flagg, Chief, Date: Emergency Medical Services Department REVIEWED BY: Thomas Storrar, Administrator Emergency Services Division NAPLES COMMUNITY HOSPIT.~L, INC. TRANSPORTATION SERVICE AGREEMENT TI-1IS AGREEMENT is made and entered into this day of ., 2000, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as (COUNTY) and NAPLES COMMUNITY HOSPITAL LNC., a Florida Corporation, hereinafter referred to as (NCH), effective January 1, 2000, (the "Effective Date"). WITNESSETH: WI-t~REAS, NCH desires to obtain professional health care transportation services for the ramsfor o.f equipment, supplies and patients. WI-I~REAS, COLrNTY desires to provide such services and has the necessary expertise, professional certifications and licenses. NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants a~ promiises, and provisions set forth herein and for good and valuable consideration, the receipt anti sufficiency of which is hereby acknowledged, the parties agree as follows: 1.1 1.2 1.3 1.4 ARTICLE I RESPONSIBILITIES OF COUNTY Provi~iQn of Services. COUNTY agrees to provide NCH with ambulance and other patient transport services pursuant to the terms and conditions set forth in this Agreement. COUNTY sliall provide sufficient ambulances and other medical transport vehicles to service the needs of the Hospital on a 24 hour a day basis. ~onfidentiali _ty. COUNTY shall ma'mtain confidentiality of chent information acquired in the course of providing services in accordance with any applicable law, rule or regulation. Certifications and Licenses. COUNTY shall ma/ntain all certifications and licenses required by State and Local agenciei governing vehicle _operations. D. Jllillg. COUNTY shall bill Medicare;,...Medicaid, third party payors, and/or the patient for payment of its full general public rates and charges for transports for which NCH is not guarantor of payment. NCH will be responsible, however, for the payment of all inter-facility transports between NCH facilities covered under Medicare Part A. For all patients for which Hospital is responsible for payment, COLrNTY shall invoice ~H on a monthly basis (based upon the rate schedule in Attachment A), each invoice reflec~ilIg"the total amount due for the previous month's service. Invoices will also delineate the type of service provided; points of pick-up and discharge; date service was provided; type of service and procedure code. 1 1.5 1.6 2.1 2.2 Annually, the Medicare Inflation Index Charge is reviewed and revised by Medicare. The NCH interfacility rate will remain consistent with the Medicare Inflation Index Charge (IIC). Availabili .ty of Records. COU~4TY shall make any and all records related to this Agreement available for inspection and/or audit upon request by NCH. NCI-I currently owns non-emergency transport veh/cles that are equipped for non-emergency transport of patients between NCH facilities or to physicians offices. The County agrees to refer all NCH inteffacility non-emergency transports to NCH wherein no medical intervention for the patient is required. ARTICLE II NCH RESPONSIBILITIES A~oreement to Meet. NCH agrees to meet with representatives of COUNTY on a regular basis, at mutually acceptable times, to review policies, procedures, and quality issues. NCH and COUNTY shall mmually review the rate schedule for adjustments provided by Medicare within sixty (60) days of receiving notification by Medicare. Timeliness of Pa_vment. When acting inthe capacity of guarantor of payment, NCH shall reimburse COUNTY within fifteen (15) days from date of receipt of invoice, according to the contract rate payment schedule in Attachment A .to tiffs Agreement. 3.1 3.2 4.1 ARTICLE III TERM AND TERMINATION Term. The term of this A~eement shall commence on the date set forth on the first page of this Agreement and shall continue for a period of one (1) year. This Agreement shall be automatically extended for successive one (1) year terms upon the mutual agreement of both NCH and COUNTY. ~ Termination. Either party may terminate th/s a~eement for convenience with a thirty (30) day written notice to the other party.' ARTICLE IV OTHER PROVISIONS Compliance with Applicable Laws. Rules. and Regulafion'.~:~' All services finre/shed by COUNTY shall be rendered in full compliance with all applicable Federal, State and local laws, rules, and regulations. It shall be COUNTY's sole responsibility to determine which 2 laws, rules, and regulations apply to the services rendered under this Agreement, and to maintain compliance at all times. 4.2 Third Party_ Billing Information. NCH and COUNTY will use their best efforts to assist each other in obtaining patient and/or third party billing information. Each party shall cooperate with the other party in providing this information. 4.3 Entire A~eement. This agreement constitutes the entire agreement of the parties as it relates to all future NCH interfacility transports of Medicare and non-Medicare patients and non- emergency transports. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Timothy J. Constantine, Chairman Approved as to form and legal Sufficiency: Ramiro Manalich Assistant County Attorney NAPLES COMMUNITY HOSPITAL, INC. Approved as to form and legal .Sufficiency: By: Edward Morton, CEO Burt L. Saunders, Esq. Attorney for the Naples Community Hospital, Inc. 3 Attachment A Schedule of Reimbursement for In-County Interfacility Transport Services of Medicare Patients Provided by COUNTY to NCH Healthcare System Effective 0t/01/2000 Rate Structure for NCH Healthcare System NCH INTERFACILITY WITltlN COUNTY Code Rate f Description: A0324 '" $256.04 ALS, non-emergency transport, no ~pecialized AL$ services rendered mileage ~ $4.21 per mile, seven ..mile, cap. ... A0326 $256.04 ALS, non-emergency transport, s~ecialized A)L$ services rendered mileage ~ $4.22 per mile, seven mile cap. A0328 $299.56 ALS, emergency ~ransport, no specialized ALS semites rendered mileage ~ $4.22 per mile, seven mile cap. A0330 $256.04 ALS, emergency ~rans~ort, specialized AL$"services rendered mileage ~ $4.22 per mile, seven mile cap. NCH Interfacility rate will remain consistent with th~ Medicare Inflation Index Charge (IIC); revisions to the NCH Interfacility rate w'ill bccur when Me'dicare advises : the County of a revision to the County's'IIC. All NCH Inteffacility transports of non-Medica~:e patients shall be billed to and reimbursement "sought from the patient, the patients' health insurance or other responsible third party payor in a manner consistent with the current Collier County Billing & Collection Ordinance and User Fee Resolution. 4 1 2 3 4 5 6 7 8 9 io 11 12 13 RESOLUTION NO. 98 - RESOLUTION APPROVING USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 - 36; ADOPTING BII. J. JNG AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Sewices (hereinafter sometimes 14 referred to as 'EMS") provides ambulance sewices to ttm residents and visitors of 15 Collier County; and 16 WHEREAS, the Collier County EMS operating budget is funded exclusively 17 through ad valorem taxes and user fees; and 18 WHEREAS, Collier County staff analysis of the ~ost for ambulance services 19 requires an adjustment to the user fees to properly identify current costs of services to 20 the residents and visitors of Collier County; and 21 WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for 22 ambulance services may be established by Resolution of the Board of County 23 Commissioners (hereinafter sometimes referred to as 'the Board"). 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 25 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 26 SECTION ONE: F. MS USER FEF~ 27 USER FEE CHARGE 28 A. EMS AMBULANCE TRANSPORT BASE RATE $ 300 ~ B. EMSAMBULANCETRANSPORTPER MILE $ 5 30 31 32 33 - IN COUNTY TRANSPORTS CAPPED AT 7 MILES - ACTUAL MILEAGE FOR OUT OF COUNTY INTERFACILITY TRANSPORTS C. SPECIALEVENTS: 35 36 37 38 39 4O 41 - TWO (2) MEDICS/O~ VEHICLE (PER HOUR) $ - ONE (1) MEDIC/NO VEHICLE (PER HOUR) $ D. COPIES OF DOCUMENTS/PER PAGE $ (EXCLUDING GOVERNMENTAL AGENCIES) E. INTEREST ON PAST DUE ACCOUNTS 75 1% AGEND~/Z'T~ .N / .o. u? OCT I 3 1998 1 SECTION TWO: BILLING AND COLLECTION PROCEDURE 2 The following shall be the minimum guidelines for billing and collection 3 procedures for ambulance service fees and c~arges: 4 A. Initial fees and charges for ambulance service(s) shall be assessed either 5 prior to or f011.o_w.i~g ~e service provision, as services dynamics reasonably permit. 6 Unpaid fees and charges, subsequent to time of service, sitall be reflected in an 7 ac_~_unts receivable subsidiary ledger system to be maintained by the Revenue 8 Services Department. 9 B. An initial bill for ambulance services shall be processed in the following 10 manner within thirty (30) days after service is provided. il '1. The County will send an initial bill to the service reclpient's or 12 responsible party's insurance carrier 'provided that appropriate I3 insurance information is made available to the Revenue Services 14 Department. The Revenue Services Department will accept Medicare 15 assignment, as a participating provider, and will wait no less than 45 16 days for payment if Medicare or other insurance carder is billed. If 17 the claim is denied, a bill will be sent to the service recipient or 18 responsible party~ 19 2. The County will also send a bill to Medicaid and accept assignment if 20 appropriate insurance informalion is made available to the Revenue 21 Senaces Department by the service recipient or responsible party. 22 The Revenue Senaces Department will wait no less than 60 days for 23 payment if Medicaid is billed. If the claim is denied, a bill will sent to 24 the service recipient or responsible party. 25 3. in the event the service recipient or responsible party does not have 26 or does not provide proof of insurance coverage, the bill for 27 ambulance service(s) shall be sent directly to the sentice recipient or 28 responsible party for payment. The Revenue Services Department 29 will wait no less than 30 days for payment. 30 The following will occur if payment has not been received within 31 above set guidelines: 32 a. A past due notice will be sent in accordance with the above 33 provisions (45 days after billing third party or Medicare, 60 &raENO& .ZTEI~, OCT I 3 Igg8 . 1 2 3 $ 6 7 8 9 1o 11 12 13 14 1.5 16 18 19 2o 21 22 23 24 25 26 27 29 31 days after billing Medicaid and 30 days after billing responsible party or service recipient). D. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. C. After a ten (10) day grace period, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month on all accounts that are either sent to the Coup. s contracted collection agency or set up for a payment plan (excluding hardships that adhere to County policy). D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid t~alance shall be administered in accordance with Section B.3 above. E. When ambulance service bill(s), at any stage in this billing and collection procedure, am returned because the Postal Service cannot effectuate delivery, the Revenue Services Department shall make a reasonable effort to ascertain the correct mailing address. !f reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude masonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. G. Throughout the fiscal year, the Revenue Services Department shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncoliectlbla. The Board shall, after reviewing these past due accounts and alter finding that diligent efforts at collection have proven unsu__e'ce_~?/ul, remove thase past due accounts from active accounts receivabla in accordance with generally accepted accounting procedures and pursuant to law by 0 CT 1 3 1998 1 2 3 4 5 6 7 8 1o ~2 SEC'T1ON THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments ambulance service fees. Other adjus'a'nants am authorized by the Board of County Commissioners in accordance with criteria established by the enabling Ordinance. A. Medicere and Medicaid Adiustmerlts Contractual adjustments under Medicare assignment will be made in accordanc~ with applicable rules and regulations B. Victim's Comoensation Contractual Adjustments Contractual adjustments will be made in a .c~on:lance with applicable rules and regulations SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of this 13 Resolution, user fees for EMS ambuianca stand-by services for the following community 14 special events shall be waived as the Board finds that a valid public purpose is hereby 15 established in recognition of their charitable contributions to the Community: (1) Collier 16 County Fai~, (2) Everglades Seafood Festival; (3) Senior PGA; and (4) Nuveen 17 Masters; (5) Collier County Public School varsity football games. Fees for other ]8 community special events may be waived in accordance with criteria established by the 19 enabling Ordinance. 20 SECTION FIVE: HARDSHIP CA~ES AND PAYMENT PLANS 21 The Board recognizes that certain service recipients may need to be Identified 22 and processed as hardship cases. Payment plans will be established pumuant to the 23 minimum guidelines set forth in this Resolution. 2.¢ A. Hardship cases will be established in accordance ~ the Stata's F'~ancial 25 hardship guidelines, as used by HRS-Collier County. 26 B. Payment plans for hardship cases will be set up on a monthly basis, with a 27 minimum payment of $10.00 per month. Hardship cases, placed an a payment plan will 28 not accrue interest or be placed into coilaction. Notwithstanding the foregoing, tf a 29 service recipient has a payment plan and does not make the scheduled payments for a 30 period longer than two (2) months, the account will be turned over to the County's 3! contmctad collection agency and interest will begin to accrue. 32 SECTION SIX: SUPER~ESSION OF RESOLUTION 96-303 OCT ! 3 1998 This Resolution shall supersede Resolution No, 96-303 2 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolution shall become effective on October 1, 1998 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County., .F.10..H. da, this ATTEST: 7 DWIGHT E. BROCK, CLERK 8 ? BY: i0 i! ! 2 Approved as to form and 13 legal sufficiency: 14 ]7F D~vid C. ~/eigel 18 County Attorney 19 day of .1998. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIR~ .o. /~'? 1 OCT 3 1998 pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SETTLEMENT OF SOVEREIGN CONSTRUCTION GROUP, INC. V. COLLIER COUNTY, CASE NO. 97- 4128-CA DRM, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD RECEIVE $528,000 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH PREJUDICE. OBJECTIVE: That the Board of County Commissioners approve the settlement of Sovereign Construction Group, Inc. v. Collier County, Case No. 97-4128-CA DRM, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would receive $528,000 and all claims against the County would be dismissed with prejudice. CONSIDERATIONS: This action was originally filed on or around December 15, 1997 by Sovereign Construction Group, Inc., the contractor the County had hired to construct Phase II Utility Improvements in the Riviera Colony subdivision. The County terminated the contract with the contractor on or around December 24, 1997 and refused to permit it to due any further work on the project because, among other things, the contractor had failed to perform the work according to the County's specifications as more fully defined by the contract. In response to the suit filed by Sovereign, the County filed a counterclaim for breach of contract due to the contractoffs failure to complete the project within the time required by the contract and failure to materially perform the work in accordance with the contract. Subsequently, the County also sued Sovereign's bonding company, Preferred National Insurance Company, on the performance bond for the project. Preferred National has now agreed to a settlement with the following principal terms: o Preferred National will pay the County $528,000. The County ~vill assign any claims it has against Sovereign to Preferred National; Preferred National and Sovereign will dismiss any claims they may have against the County with prejudice. The County will dismiss its claims against Preferred National with prejudice and will provide Preferred National with a release of claims. Preferred National will also provide the County with a release of claims as will Sovereign. GROWTH MANAGEMENT IMPACT: None. suit filed by Sovereign. Further, the County will avoid the necessity of hiring expe~ the technical specification issue and the cost of deposing expert witnesses identifi~ FISCAL IMPACT: The County's estimated damages are $728,000 plus interest plus possible liquidated damages. By agreeing to the settlement, the County will forego the right to collect additional damages above $528,000. By the same token, the County also will be free of the law 2 3 2000 National and Sovereign. Naturally, should the County proceed to trial and prevail on all its theories and should its calculation of damages be upheld, the County would stand to gain an additional sum in excess of $200,000. On the other hand, should the County proceed to trial it is always possible it would recover less than the sum of the proposed settlement. In addition, there would be an extensive impact on staff time and attorney time. It is reasonable to estimate that the staff and attorney time to prosecute this case to a conclusion, as well as the cost of expert witness fees and depositions, could reach or exceed a value of $150,000. RECOMMENDATION: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary and authorize the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Prepared by: ~~4~~p~ ?~ Date: Michael W. Pettit, Assistant County Attorney Reviewed and Approved by: David C. Weigel, County Attorney Reviewed and Approved "-~nterim Public Works Administrator Date: h:Mike~ExSumm~,Sovereign 2 MAY 2 3 2000 ...... EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT TO PURSUE ANY LEGAL REMEDIES THAT MAY BE AVAILABLE AGAINST NATIONAL UNION FIRE INSURANCE COMPANY, AMERICAN INTERNATIONAL GROUP, INC. AIG CLAIMS SERVICES, INC., OR ANY OTHER POTENTIALLY RESPONSIBLE ENTITIES TO RECOVER DAMAGES INCURRED AS A RESULT OF A REFUSAL TO HONOR A CLAIM UNDER THE COUNTY'S EXCESS INSURANCE POLICY. OBJECTIVE: To obtain Board authorization for the Office of the County Attomey and the Risk Management Department to pursue any legal remedies that may be available against National Union Fire Insurance Company, American International Group, Inc., AIG Claims Services, Inc. or any other potentially responsible entities to recover damages incurred as a result of a refusal to honor a claim under the County's excess insurance policy. CONSIDERATIONS: On May 30, 1995, Patrick Coughlin, a 38 year-old attomey, who also happened to be a marathon rmmer, and his wife were involved in an automobile accident in Collier County with a vehicle driven by a County employee. At the time, the Coughlins lived in Palm Beach County. Investigation revealed that fault for the accident lay solely with the County. Mr. Coughlin suffered a variety of injuries, and his attomey initially demanded settlement of the Coughlins' cla'un in the amount of $800,000. After much negotiation, including negotiation by the County's claims adjusters, both Mr. and Mrs. Coughlin settled their claims for a total of $90,000. Under the applicable excess insurance policy, the County was entitled to coverage for any amounts in excess of $50,000. In all, the County estimates that with other losses incurred as a result of this claim, it was entitled to recover approximately $49,000 under its excess policy with National Union. National Union and 'AIG have taken the position that they will not honor their coverage obligations because of lack of notice of the claim and lack of notice of the settlement of the cla'un. It is the position of staff that, in view of the lack of defenses to liability and the nature of Mr. Coughlin's injuries, there was no prejudice to National Union Fire Insurance or AIG despite any alleged lack of notice of the claim or alleged lack of notice of settlement of the claim. Under Florida law, an insurance company must honor a claim by its insured even where there has been a lack of notice if the insured can demonstrate there was no actual prejudice arising from the lack of notice. National Union Fire Insurance and AIG Claims Services, Inc. have been advised of the County's position on a number of occasions, but have refused to respond to the County's position regarding prejudice. The most recent notice given to National Union and AIG was pursuant to a May 5, 2000 letter, a copy of which is attached to this Executive Summary. The Office of the County Attorney and Risk Management staff believe the County has a claim to recover against National Union, AIG or other entities, at least based upon research done on this matter to date. GROWTH MANAGEMENT IMPACT: None. AOENDA ITEM HAY 2 3 2000 pg. I FISCAL IMPACT: If the County does not pursue any claims it may have against the potentially responsible entities, it will lose any opportunity to recover the approximately $49,000 plus interest that it may be owed by National Union and AIG or others. Without making any calculation as to the cost in time to the Office of the County Attorney and Risk Management staff, it is estimated that the cost to pursue this claim would be under $8,000. RECOMMENDATION: That the Board of County Commissioners authorize the Office of the County Attorney and the Risk Management Department to pursue any legal remedies that may exist against National Union, AIG or other entities to recover damages as a result of National Union's and AIG's refusal to honor coverage obligations on their insurance contract with the County. Prepared by: Michael W. Pettit Assistant County Attorney Date: Reviewed and Approved by: David C. Weigel County Attorney Date: Reviewed and Approved by: Director, Risk Management Date: H:Mike qSxecutivc Summary-Recover Damages 2 AGENDA ~ NO. qrt ) . MAY 2 3 2000 pg. ~ COLLIER COUNTY DAVID C. WEIGEL COLUER COUNTY ATrORN~ 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Email: attorney@naples.net May 5, 2000 Heidi F. Ashton Ramiro MaBalich Thomas C. Palmer Michael W. Pettit Marni M. Scuderi Marjorie M. Student Melissa A. Vasquez Robert N. Zachary Graham Wiggins Casualty Claims Manager Property/Casualty Division AIG Claim Services, Inc. 2550 Northwinds Parkway, 5th Floor P.O. Box 2970 Alpharetta, GA 30023-2970 VIA Certified Mail, Regular Mail, Fax 770-870-2003 Re: National Union Fire's/AIG's Denial of Coverage on the Following Claim: Claim No: 249-088745 Insured: Collier County Policy No: MLA2038209 Insurance Carrier: National Union Fire Insurance Company Date of Loss: 5/30/95 Claimant: Patrick Coughlin Dear Mr. Wiggins: Enclosed with this letter is the following correspondence: A March 30, 1999 letter from Martin W. Fluke, a so-called AIG Casualty Claim Specialist, to Jeff Walker, the Collier County Risk Management Director, denying coverage on the referenced claim. An April 20, 1999 letter from Mr. Walker to Mr. Fluke establishing the reasons why neither AIG nor National Union Fire Insurance Company could possibly have been prejudiced by the County's settlement of the referenced claim for $90,000. A June 10, 1999 letter from Mr. Walker to Mr. Fluke seeking some response to Mr. Walker's April 20, 1999 letter. A July 16, 1999 letter from Mr. Fluke to Mr. Walker again denying coverage on the Coughlin claim despite the clear evidence that the County claim, that the damages were significant and that the settlemet eFtred i~ 2 3 2000 p~,. ~.~ the County was in the best interest of both the insurance company and the County. It is my understanding that you may also have received additional correspondence subsequent to July 16, 1999 from the County's claims adjuster, Cramer, Johnson, Wiggins and Associates, that again outlined the reasons that neither National Union Fire Insurance Company nor AIG could possibly have been prejudiced by the settlement of the Coughlin claim. Among other things, I believe that correspondence pointed out that the initial demand in the Coughlin claim was $800,000 and that the County was able to settle the claim as well as the claim of Mr. Coughlin's wife for loss of consortium for a total of $90,000. As the correspondence from Cramer, Johnson, Wiggins and Associates also points out, the claim was settled by licensed adjusters and the County's Risk Management Director. Further, at a minimum, AIG and National Union Fire Insurance Company were well aware that this claim existed as a result of the property damage claim made by Mr. Coughlin through his automobile carrier. My review of Florida law shows that an insured may recover against an insurer even where notice of a claim is not given simply by demonstrating lack of actual prejudice to the insurer. See, e.g., National Gypsum Co. v. Travelers Indemnity Co., 417 So.2d 254, 256 (Fla. 1982). In this instance, it will not be difficult to demonstrate quite forcefully that neither National Union Fire nor AIG suffered any actual prejudice by the County's settlement of the Coughlin claim. It would be my intention to call Mr. Coughlin, Mr. Coughlin's wife and his attorney as A 'tnesses to establish the nature and seriousness of the claim. Liability was never in doubt and ,ere was no evidence that Mr. Coughlin was contributorily negligent. Any reasonable Collier County juror will conclude that this is a case of insurance companies hiding behind a deficient technical defense in utter disregard of their insured's reasonable expectations in light of the premiums the insured has paid. To conclude, I will go before the Board of County Commissioners within the next 30 days to seek leave to file an action to pursue all of the County's legal remedies against National Union and/or AIG for what appears to be a bad faith denial of National Union Fire's and AIG's obligations on this claim. Naturally, one of the first orders of business in such litigation will be to determine whether National Union, AIG or both engage in a pattern or practice of attempting to avoid coverage responsibilities despite clear and convincing evidence that an insured has in no way prejudiced the interest of National Union or AIG. To avoid litigation, therefore, I am requesting that either you or the appropriate attorneys contact me at your earliest convenience to make arrangements to satisfy National Union's and AIG's obligations to the County. Very truly yours, Michael W. Pettit~'~ Assistant County Attorney .~/P:dja cc: David C. Weigel, County Attorney Jeff Walker, Risk Management Director NO..~ HAY 2 3 2000 pg._ ul _ EXECUTIVE SUMMARY REQUEST FOR DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS CONCERNING A COMPLAINT FILED WITH THE CLERK TO THE BOARD ALLEGING THAT THE CHAMPION LAKES RV PUD ORDINANCE No. 2000-21 IS INCONSISTENT WITH THE COUNTY'S GROWTH MANAGEMENT PLAN. OBIECTIVI~; To obtain Board direction concerning a complaint filed with the Clerk to the Board alleging that the Champion Lakes RV PUD Ordinance No. 2000-21 is inconsistent with the County's Growth Management Plan. CONSIDERATIONS; On or around April 11, 2000, the Board of County Commissioners passed Ordinance No. 2000-21, i.e., the Champion Lakes RV Resort PUD Ordinance. On or around May 11, 2000, Pelican Lake Limited Partnership filed a complaint with the Clerk of the Board alleging that the Champion Lakes PUD Ordinance was inconsistent with the County's Growth Management Plan. A copy of that complaint is attached to this Executive Summary. This complaint was allegedly filed in accordance with Section 163.3215, Fla. Star., which allows an aggrieved or adversely affected party to maintain an action on certain kinds of development orders which materially alter the use or density or intensity of use on a particular piece of property and which are not consistent with the comprehensive plan. Under the applicable statutory scheme, the County may respond in thirty (30) days. If the Board reaffirms its original decision, the complainant has thirty (30) days to file a lawsuit. The Office of the County Attorney seeks direction as to whether the Board wishes to reaffirm its original passage of the Champion Lakes RV PUD Ordinance. GROWTH MANAGEMENT; Unknown. FISCAL IMPACT: If a lawsuit is filed, the fiscal impact to the County will be the indirect cost of staff and Office of County Attorney time in defending any lawsuit. There also may be some "hard dollar" costs for depositions and the retention of expert witnesses. At this point, it is not possible to estimate those costs with great specificity, although, it is likely they would be under $8,000. RECOMMENDATION: That the Board of .County Commissioners direct the Office of the County Attorney as to whether the Board wishes to reaffirm its original passage of this Champion Lakes RV PUD Ordinance. Prepared by: Michael W. Pettit, Assistant County Attorney Date: Approved by: . _Date: David C. Weigel, ~ County Attorney h:Mike~ExSumm\ChampionPU D L AOENDA ITeM ~o. HA'.' 2 3 2000 LN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL FOR COLLIER COUNTY, FLORIDA Pelican Lake Limited Partnership, a Maryland Limited Partnership, Plaintiff, COLLIER COUNTY, a political subdivision of the State of Florida, and Raymond James Smela, Defendants. CASE NO. CIRCUIT IN AND CIVIL ACTION COMPLAINT Plaintiff brings this complaint against Defendants and alleges: 1. This is an action pursuant to Section 163.3215, Florida Statutes and the Court has jurisdiction of this cause. 2. Plaintiff is a Maryland limited parmership and is the owner of several lots located in Pelican Lake, an RV resort community located in Collier County and adjacent to the real property that is the subject of this action. 3. Plaintiff is an aggrieved or adversely affected party as defined in Section 163.3215, Florida Statutes. 4. Defendant Collier County is a political subdivision of the State of Florida and has adopted a comprehensive plan (hereinafter "the Growth Management Plan") and amendments thereto pursuant to Chapter 163, Florida Statutes (the "Act"). AGENDA ITEM NO. ~ I MAY 2 3 2000 pg. c~ 5. Defendant Smela was the applicant for a development order, as defined in the Act, in the form of a change in the zoning classification of certain lands in Collier County, said lands being described on Exhibit A attached hereto and made a part hereof, and referred to herein as "the PUD Lands" to a classification known as PUD. 6. Defendant Collier County issued the development order, in the form of Ordinance 2000-21, (the "Ordinance") which changed the zoning classification of the PUD Lands to "PUD". A copy of Ordinance 2000-21 is attached hereto as Exhibit B and made a part hereof. 7. The Ordinance permits the development of the PUD Lands for certain uses described therein, such uses being generally described as Recreational Vehicles and Resort Homes. 8. The Growth Management Plan contains a Future Land Use Element, as required by the Act, which classifies all lands in the unincorporated area of the county into certain use categories. 9. The PUD Lands are classified as Urban Residential under the Future Land Use Element. 10. Lands classified as Urban Residential are primarily residential lands, with other limited uses allowed, subject to qualifications or conditions contained in the Future Land Use Element. 11. The Future Land Use Element allows recreational vehicle uses on Urban Residential lands only if the site has direct access to a road classified as an arterial and if the recreational vehicle use is compatible with the surrounding land uses. 12. The PUD Lands do not have direct access to a road classified as an arterial, and the recreational vehicle uses authorized by the Ordinance are not compatible wil 2 NO. __ MAY 2 3 2000 on surrounding lands, including the lands of Plaintiff. 13. The Act provides that after a plan has been adopted pursuant to the Act, all development orders must be consistent with the plan. 14. The Ordinance, which is a development order, is not consistent with the Growth Management Plan. WHEREFORE, Plaintiff requests an Order of this Court, declaring the Ordinance void and of no force or effect by reason of its inconsistency with the Growth Management Plan and permanently enjoining defendants, or either of them, fi'om undertaldng any development or taking any other action under the Ordinance. I hereby certify that I have read the complaint and know the facts alleged herein to be true. Attorney For Plaintiff Florida Bar No: 0164395 5150 Tamiami Trail N., Suite 602 Naples, FL 34103 Ph (941) 263-8060 Fax (941) 598-1161 Certificate of Filing Under Section 163.3215 (4), Florida Statutes I hereby certify that this Complai,nt was filed with the Clerk to the Boar~6'f County Commissioners by hand delivery this 11 d ay~,~~.~~ . Donal~'"-Ai 'Pickworth 3 MAY 2 3 2000 P~. ~ Legal Description ,4 PARC£L Of- LAND L Y/NO IN THE SOU?HWES? OUAR?ER OF SECT/ON 1I AND ~!E ~VO~T~//EST OUm~TE, e OF SECT/ON 14. TOWNSHIm ~1 SOUTH. RANGE 25 [mS~ COLL,?m COUNT~ FLORIDA. 8E/NC MORE PAR~CULANLY DESCRIBED AS TOLL OWS: ~EC/N AT THE SOUTHWEST CORNER OF SECtiON II, TOWNSHIP 5I SOUTH, RANCE 25 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN N 01'59',~5" ~,, ALONG T~E WEST L/WE OF THE 50UTH~ST OUARTER OF SAID SECTION I~. FOR OP 44000 FEE4 TH~,VCE RUN S Ol'~9]~" ~ FOR A D/STANCE OP FEET; THENCE R~JN N 88'04'09" · FO~ A D/STANCE OF ~000 FEET; ~ENCE RUN S 0,~'~9'J6" · FOR ~ D/STaNCE OF lOZJ~ FEE~' THENCE RUN A D/STANCE OF 140.00 FEE7 ~EREFROW, THENCE RUN NORTHEASTERL~ ALONG ~E ARC OF SAID CUR~ TO ~E RICH~ HA~NO A RADIUS OF 140.00 FEE~. THROUGH A CENTRAL ANGLE OF 90'02'~5~ SUB~NDEO BY A CHORD 198.07 FEET AT A BEAR/NO OF N 46'4~'~" ~ FOR AN ARC LENGTH OF 22~.0~ FEEr ~ FHE E~D OF SAID CUR~' ~ENCE RUN ~ 88'~2'~7" E FOR A DISTANCE OF ~.~2 FEET ~0 A PO/Nr ~0.00 FEE~ ~5~ OF THE ~S~ LINE OF THE 50UrH~SF OUARAE~ OF ~E SOU~'~Z7 QUARFER OF ~A/D f&' THENCE RUN ~ 0~'4~" ~ ~OOO WEZ~RLY OF AND PARALLEL ~0 ~E WES7 LINE OF FHE SOU~7 OUARrER OF ~E ZOU~S~ OUA~R OF ZECDON H, FOR A D/Z~ANCE OF ~0.86 FEET ro A POINT ON ~E NORTH LINE OF 7HE NOR~7 OUAR~R OF ~ECDON ~, 70~H/P 5OU~, RANGE 2~ EAZ~ COLLIER COUNF~ FLORIDA; ~EN~E RUN 5 ~8'0~'0~~ ~ ALONG FHE NORTH LINE OF FHE NORrH~SF QUARFER OF SAID ~ECDON ~4, FOR A DISTANCE OF 6~0.5~ FEEF FO ~E NORFHEA~ CORNER OF ~E ~SF ONE HALF OF FHE NORFHEAZF OUARFER OF ~E NOR~S~ OUARFER OF ZA~D SECA/ON ~; 7HENCE RUN ~ 00'02'42' ~ ALONG THE EASF LINE OF THE ~S~ ONE HALF OF ~HE NOR~EA~7 OUAR~R OF ~E OUARAER OF ~A/D 5ECF/ON ~4, FOR A D/STANCE OF ~0.0~ FEEF FO ZOU~EAZF CORNER OF ~HE ~7 ONE HALF OF ~E NOR~EA~F QUARTER OF THE NORFH~S7 OUARAER OF SAID SEC~ON ~4; ~ENCE RUN N ~8'~8'~" ALONG ~HE SOU~ LINE OF rHE NORTH ONE HALF OF FHE NOR~F OUAR~R OF 5A/D 5ECDON ~4, FOR A DISTANCE OF 207Z08 FEET ro ~E ~OU~SF CORNER OF ~E ~SF ONE H~LF OF 7HE NORAH~Z7 OU~R~R OF NOR~Z7 QUARTER OF ZA/D SECF/ON ~4.- FHENCE RUN N 0077'~2" ALONG THE WESF LINE OF rHE NOR~WESr OUARZR OF SAID ZECDON ~4, FOR A D/SrANCE OF ~.7~ FEE7 FO ~E PO/N~ OF BEGINNING OF DAMSEL OF LAND DESCRIBED HEREIN. CONTAiN/NO ~4.72~ ACREZ MORE OR L ESZ. AND ~'RE£SE PARCEL A PARCEL OF LAND L Y/NC /N THE NORrHEAS? QUARTER DF SECDON ?DW, VSH/P 51 SOUTH, RANCE 2~ EAS~ COLLIER COUN~ FLORIDA, CO~fM~Vt'~ AT THE NORTHEAST CORNER ~F 5E~[/ON ~, fO~NSH/P 5~ SOUTH. R/,VCE 2~ EAS~ COLLIER COUNA~ FLORIDA; fHENCE RUN ~ 00'~7~2" ALONG THE EAsr LINE OF SAID NORTHEAST QUARTER OF SEt'DON ~5, FOR DISrANCE OF 220.0J FEE7 fO FHE PO/NF OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,' THENCE CO, VrlNUE S 00?7'22" W ALONG SAID EAST LINE OF THE NOR[HEAS7 0UARrER OF SECDON ~, FOR A DISTANCE OF 78.70 f?E~' rH~VCE R~JN N 89'00'24" ~ FOR A DISrANCE OF 27~9.~ FEE~' 7HENCE R~JN N 89'4~9" ~ FOR A D~SrANCE OF ~250.92 FEE[ FO A PO/NF ON FHE EAZAERL Y R/OH7 OF WAY LINE OF ISLE OF CAPRI ROAD ~S.R. [HENCE RUN N 02'~8'0~"E ALONG SAID EASFERLY R/OH[ OF ~AY LINE OF ISLE OF C~PR/ ROAD (S.R. 9~) FOR A DISrANCE OF 68. 4~ FEE~' D~ENCE RUN S 89'J~']2" E FOR ~ D/SrANCE OF ~24~J7 FEEC ~ENCE RUN S 89'~7'~" E FOR A D/S7mNCE OF 27J9.~7 FEEF FO FHE PO/NF OF OF 7HE P~ROEL OF LAND HEREIN DESCRIBED. CONFAIN/NO 6. ~2~ ACRES ~0~ O~ LES~ AGENDA HAY 2 3 2000 Pg. ORDINANCE NO. 2000- 2]. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLOR/DA; BY AMENDING THE OFFICL4L ZONING ATLAS MAPS NUMBERED 1611, 1614N, AND 1615N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "MH" AND '~.SF-I" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CHAMI~ION LAKES RV RESORT LOCATED ON THE NORTH SIDE OF CHAMPIONS~ DRIVE IN SECTIONS 11, 14, AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich of Goodlctte, Coleman & Johnson, P.A., and D. Wayne A.rnold, AICP, of Q. Grady Minor & Associates, P.A., r~resenting Raymond James Smela, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE:. The zoning classification of the herein described real property located in Sections 11, 14 and 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "MH" and "RSF-I" to "PUD" Planned Unit Development in accordance with the Champion Lakes RV Resort PUD Docum~.'nt, attachexi hereto as Exhibit "A" and incorporated by ref~c~nc¢ herein. The Official Zoning Atlas Maps numbered 1611, 1614N, and 16151'4, as described in Ordinance Number 9 I-102, the Collier County Land Developm~t Code, are hereby amended accordingly. ~1- AGENDA ITEM MAY 2 3 2000 pg. G, .,, SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~, [.4~ day of ~ ,2000. ATTEST: /::.:' i:..'' ' : s ~tu~e ~1;'.? '~-. Approve~ ~ ~o ~d ~al S~'~miency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Marjorie M. Student Assistant County Attorney G/adm~nffUD-99-29/CB/u I -2- MAY 2 3 2000 ~) CHAMPION LAKES RV RESORT A PLANNED UNIT DEVELOPMENT 101 + Acres Located in Sections 1 I, 14 & 15 Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Raymond James Smela 2000 Royal Marco Way, Unit 310 Marco Island, FI 34145 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FI 34134 (941) 947-1144 (941) 947-0375 Fax EXHIBIT "A" MAY 2 3 2000 TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, SECTION II SECTION III SECTION IV SECTION V SECTION VI EXHIBIT A EXHIBIT B EXHIBIT C GENERAL DESCRIPTION PROJECT DEVELOPMENT RECREATIONAL VEHICLE RECREATION PRESERVE GENERAL DEVELOPMENT COMMITMENTS CHAMPION LAKES RV RESORT PUD MASTER PLAN LEGAL DESCRIPTION PROPERTY OWNERSHIP .PAGE ii 1-1 2-1 3-1 4-I 5-1 6-I F JOB\SMI']I.PtlDF M,e.¥ 2 3 2000 SMEI.A STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create a Planned Unit Development (PUD) on 101:t: acres of land located in Sections 11, 14 & 15 Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Champion Lakes RV Resort PUD. The development of Champion Lakes RV Resort 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 pursuant to the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use Residential District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. The proposed residential density of the Champion Lakes RV Resort PUD is 2.9 dwelling units per acre and is less than the rfiaximum density permitted by the FLUE Density Rating System and the Land Development Code (LDC) and is therefore consistent with FLUE Policy 5. I. The entire subject property qualifies for a maximum density of/welve dwelling units per acre, based on the permitted density for travel trailer/recreational vehicle parks as provided in the-FLUE, Urban Designation Description section and further referenced in Section 2.2.11.4.6 of the Land Development Code. The Champion Lakes RV Resort PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of the Champion Lakes RV Resort PUD' will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. I:JOI]\SMEI.PtII)F ii MAY 2 3 2000 SMI!I.A The Champion Lakes RV Resort PUD is a large-scale, mixed-use community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. The Champion Lakes RV Resort PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. i! AGENDA~ , Hz F:JOB\SMEI.PUDF .'4 M I~l A SHORT TITLE This ordinance shall be known and cited as the "CHAIVlPION LAKES RV RESORT PLANNED UNIT DEVELOPMENT ORDINANCE". F:JOB\SMF. I.Pt/DI: AC=E]qDA I~0...--q,-L~ SMEL^ SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Champion Lakes RV Resort PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "B" 1.3 PROPERTY OWNERSHIP See attached Exhibit "C" 1.4 GENERAL DESCRIPTION OF PROPERTY Ao The Project site is located in Sections 11 and 14 & 15 Township 51 South, Range 26 East Collier County, Florida. The site is generally bordered on the West by Pelican Lake and Silver Lakes RV PUDs; on the North by Quail Roost Mobile Home Park; on the East by vacant agricultural land, and on the South by Championship Drive and the Fiddler's Creek PUD. The zoning classification of the subject property at the time of PUD application is Mobile Home (MH) and RSF-1. Elevations within the site are approximately 3.5' above MSL. Per FEMA Firm Map Panel No. 120067 620 D, dated June 3, 1986, the Champion Lakes RV Resort property is located within Zone "AE 7" of the FEMA flood insurance rate map. Portions of the site have been altered fitrough past and current agricultural uses; however, the site does contain jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Division 3.8 of the LDC. F:JOB\SMELPUDF The soil types on the site generally include fine quartz sands, including Malabar, Oldsmar and Holopaw fine sands. This information was derived from the Soil Survey of Collier County, Florida. 1-1 2 3 2000 p~. I~ Fo The Champion Lakes RV Resort PUD contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory and map is included in the Environmental Impact Statement attachment to the Application for PUD Rezoning packet. The Project site is located within the Collier County Water Management District U.S. 41 Outfall Basin No. 1. 1.5 DENSITY mo Acreage of the Champion Lakes RV Resort PUD is approximately 101+ acres and the number of recreational vehicle units authorized to be built pursuant to this PUD is a maximum of 300. The gross project density, therefore, will be a maximum of 2.97 units per acre. At all times all property included within the Champion Lakes RV Resort PUD as described in Section 1.2 shall be included in determining Project density. F JOB'~SMEI.PLIDF 1-2 AGENDA ~ NO. ~.~ MAY 2 3 2000 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for the Champion Lakes RV Resort PUD, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION 'OF PROJECT PLAN AND PROPOSED LAND USES The Champion Lakes RV Resort will be developed as a mixed-use community, which may feature a full array of recreational vehicle dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, convenience commercial uses and personnel services central to community residents. The Master Plan is iljustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts, including preserves and water management facilities shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of the Champion Lakes RV Resort PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance), and the Growth Management Plan. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. F:JOB\SMELPUDF 2-I 2000 2.4 Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development pertained by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Champion Lakes RV Resort Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC, Article 3, Division 3.2 shall apply to the Champion Lakes RV Resort, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. Go The Site Development Plans Division of the LDC Article 3, Division 3.3 shall apply to the Champion Lakes RV Resort, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. Ho Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. ROADWAYS Ao Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD, or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained Project roadways and roadways built and/or maintained by the Champion Lakes RV Resort PUD. F:JOB\SMEI .PUDF 2-2 2000 F:JOB\SMI~I.PtJDF Roadways within the Champion Lakes RV Resort PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet 2. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one-thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 5. Section 3.2.8.3.17, Sidewalks, bike lanes and bike paths 1. Section 3.2.8.3.17.3 The primary project entry road and loop road system shall have a minimum six foot (6') wide pathway on one side of the street, or a minimum 5 foot (5') wide pathway on both sides of the street, which may meander in and out of the right-of-way. No sidewalk shall be required for that portion of the project roadway connecting to S.R. 951 (Collier Boulevard). 6. 1. Section 3.2.8.3.18.2.a., Streets and access improvements The project roadway(s) extending west to S.R.951 (Collier Boulevard) may be designed as a rural cross-section or modified cross-section, subject to approval by the Collier Services Director, or his designee. 2-3 ~ County Plannin~. AGENDA ~ MAY 2 3 2000 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the LDC. Removal of fill and rock from the Champion Lakes RV Resort PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum total), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all Project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the Development review process and prior to any installations. 2.7 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES A temporary use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need pursuant to the requirements of Section 2.6.33.3. of the Collier County Land Development Code (LDC). o This use may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES Model homes, sales centers and sales offices shall be permitted principal uses throughout the Champion Lakes RV Resort PUD. Model homes shall be "wet" or "dry" facilities. F JOB\SMELPUDF "Wet" facilities may be occupied by a sales office and/or representative. "Dry" facilities shall not be used as a sales office. A~DA ~ 2-4 } NO .... MAY 2 3 2000 '4. o Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in accordance with Section 2.6.33.2 of the LDC. Temporary use permits for model sales centers and sales offices that are located in permanent structures other than dwelling units, and dry model homes shall not be required. Temporary use permits for model sales centers, model homes or sales offices located in permanent structures within a dwelling unit shall be required. The temporary use permit shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Section 2.7.4 of the Land Development Code, except where model homes are located within a "model home row", in which case the Planning Services Director may administratively extend the temporary use permit on an annual basis for all of the model units, until such time as the project lot sales reach 90% of the maximum permitted units. Temporary use permits for a sales center in a temporary structui'e shall be issued initially for a period of three (3) years and may be renewed annually based upon demonstration of need. A maximum of five (5) model homes/units shall be permitted within this Development prior to final plat approval as permitted above. Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows: in the case of a permanent structure which is a dwelling unit, a Site Improvement Plan (SIP) per section 3.3.8.4 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a Site Development Plan (SDP); in the case of a temporary structure (modular unit or sales trailer), either a Conceptual Site Plan (CSP) which addresses the requirements of Section 2.6.33.2 of the LDC, or a Site Improvement Plata, depending on the extent of the work required. F JOB\SMEI.PUDF 2-5 AGENDA ~ MAY 2 3 2000 2.8 Temporary use permits for occupied (wet) model homes following subdivision approval shall require a Conceptual Site Plan which addresses the requirements of Section 2.6.33.2 of the LDC. Temporary use permits for unoccupied model homes following subdivision approval shall require a Conceptual Site Plan and shall be issued only in conjunction with an approved Site Development Plan or Site Improvement Plan for a model sales center which provides adequate parking to support the model(s). These uses may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E-6, F.A.C., and may use potable or irrigation wells prior to the availability of central utility systems at which time a connection to the central system shall be made. 10. All other applicable provisions of the Land Development Code pertaining to Model Homes, Sales Centers, Sales Offices and Construction offices shall apply. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Champion Lakes RV Resort PUD Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreage of each land use. The actual acreage shall be determined at the time of preliminary subdivision plat or site development approval, and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Champion Lakes RV Resort PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC, F:JOB~SMI(I.PUDF 2-6 AC=ENDA ITEM- i 2 3 20O0 The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. Internal realignment of rights-of-way other than a relocation of access points to the PUD, except where the access point is required by the appropriate jur/sdictional agency. Reconfiguration of recreational vehicle, water management and recreation parcels when there is no net loss to areas identified as conservation or preserve. Minor changes and refinements as described above shall be reviewed by the appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Planning Services Director's consideration for approval. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.9 COMMON AREA MAINTENANCE FJOBXS,MEI.PUDF Common area maintenance will be provided by the Developer or by a property owners' association. For those areas not maintained by the Developer, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The Developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, mad management of the surface water and stormwater management systems and reserves serving the Champion Lakes RV Resort PUD, in accordance with the provisions of Section 2.2.20.3.8 of the Collier County Land Development Code together with any applicable permits from the South Florida Water Management District. 2- 7 A~DA rTEM' 2 3 2000 2.10 LANDSCAPE BUFFERS, BERNIS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Champion Lakes RV Resort. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: go Go Grassed berms 4:1 Ground covered berms Perimeter 2:1 Internal to project 3:1 Rip-Rap berms 1:1 with geotextile mat Structural walled berms - vertical Fence or wall maximum height: Eight feet (8'), as measured from the finished floor elevation of the nearest habitable structure within the Development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top ofberm elevation for berm elevations with an average side slope of 4:l or less, and shall not exceed six feet (6') in height from the top ofberm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Champion Lakes RV Resort PUD boundary prior to preliminary subdivision plat and site development plan submittal. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights- of-way adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Landscape berms located within the Champion Lakes RV Resort PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. F:JOB\SMI:I.PUDF 2-8 2.11 2.12 2.13 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Champion Lakes RV Resort PUD. Fill material generated from other properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the Developer shall notify the County Community Development and Environmental Services Administrator. The following standards shall apply: Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') Fill storage areas in excess of five feet (5') in height shall be located no closer than three hundred feet (300') fi'om any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. DESIGN GUIDELINES AND STANDARDS Ao A Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelol~ment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. The Champion Lakes RV Resort PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for fixed recreational vehicle units and related community ~'eatures and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. PRELIMINARY SUBDMSION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the Project may be accomplished in phases to correspond with the planned development of the property. I: J()It\.SMI;I.PUI)F 2-9 AGENDA ITEM NO. MAY 2 3 2000 2.14 RESIDENCY RESTRICTIONS Permanent occupancy of any resort home or recreational vehicle, whether by any property owner or renter, shall be prohibited within the Champion Lakes RV Resort PUD. For lots or parcels sold to individuals, the Developer/owner shall be required to include in the title transfer document a provision prohibiting permanent occupancy of any recreational vehicle on the subject property. Nothing herein shall prohibit a recreational vehicle from being permanently located on a lot or lots. In .addition to the uses permitted in Section 3.4 of the PUD, one single-family dwelling, may be constructed within the Project, and may be permanently occupied by the cavetaker/manager of the Champion Lakes RV Resort PUD. 2.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Champion Lakes RV Resort PUD except in the Preserve. General permitted uses are those uses which generally serve the Developer and residents of Champion Lakes RV Resort PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Caretaker/manager residence, which may be a permanent site-built structure Water management facilities and related structures. 4. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. 6. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, boat docks and other recreational facilities. I:.JOll\S MI!I .l't II)F Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 2-10 MAY 2 3 2000 pg. . Landscape features including, but not limited to, landscape buffers, berms, fences and walls, subject to the standards set forth in Section 2.11 of this PUD. 10. Fill storage sub.[ect to the standards set forth in Section 2.12 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. ' Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: Fifteen feet (15') 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Thirty-five feet (35') 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. 2.16 OPEN SPACE REQUIREMENTS The Collier County Land Development Code, Section 2.2.11, requires that recreational vehicle projects maintain recreation open space based on 200 square feet per lot for the first I00 lots and 150 square feet per lot for each remaining lot. Based on this criteria, the. Champion Lakes RV Resort must provide a minimum of 50,000 square feet of recreation/open space. The PUD Master Plan identifies a minimum of 20 acres of the project area devoted to recreation/open space use. Consistent with Section 2.6.32.3 of the Land Development Code, a minimum of 30 percent of the gross project area shall be devoted to usable open space. 2-11 ~ F JOll\SMI.;l ,Pill)l: MAT232000 ' 2.17 NATIVE VEGETATION REQUIREMENTS The subject property is located within that portion of Collier County, Florida known as the "Deltona Settlement Agreement" area. In accordance with the Stipulation for Dismissal and Settlement Agreement for the Deltona Corporation and the U.S. Army Corps of Engineers Environmental Impact Statement, no on-site preservation of native vegetation is required by Collier County. 2.18 SIGNAGE A. GENERAL All Collier County sign regulations, pursuant to LDC, Division 2.5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage-subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. All project and Development signage adjacent to and/or visible from any dedicated County right-of-way shall be developed in accordance.with the LDC, Division 2.5, SIGNS. A maximum of two permanent signs, whether boundary marker or project entrance signs, may be constructed along the S.R. 951 project frontage. B. BOUNDARY MARKERS One boundary marker or project identification monument sign may be located at each property corner, adjacent a right-of-way or right-of-way easement. The boundary marker may contain the name of the Project, the insignia or motto of the Development and Project related information. The sign face area may not exceed 60 square feet in area and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. F JOB\SMEI.PIJDF 2-12 AGENDA ~ MAY 2 3 2000 Sign face square footage is calculated by total square footage of name, insignia, and motto only. The setback from any public right-of-way shall be 10 feet. No setback shall be required from any other perimeter property line. Boundary marker signage shall be ground-mounted and the sign structure is limited to a maximum of 80 square feet. ENTRANCE SIGNS Two ground or wall-mounted entrance signs maybe located at each entrance to the project within the PUD. Such signs may contain the name of the subdivision and the insignia or motto of the Development. No sign face area may exceed 60 square feet and the total sign face area of entrance signs at each entrance may not exceed 120 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 60 square feet in area. For three-sided signs, the third sign side may only face internal to the subdivision and only the Project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from the public right-of-way, and any perimeter property line shall be 10 feet. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm, in which case the sign structure may not exceed a height of 6 feet. CONSTRUCTION ENTRANCE SIGNS One sign, a maximum of 20 square feet in size, shall be permitted at each construction entrance, to identify the entrance. The sign may also advertise employment for construction trades. No building permit is required. I":JOB\SMELPUDF 2-13 2000 2.19 E. INTERNAL SIGNS Directional or identification signs may be allowed internal to the Development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to models or model sales centers, club house, or recreational areas. Individual signs may be a maximum of 8 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of 8 feet. There shall be no maximum number of permitted directional or identification signs. Grand Opening signs: The Developer may display an on-site temporary grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The temporary sign shall be anchored and may be displayed on-site for the ilrst three months that the Project is open for business. F. TRAFFIC SIGNS Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with Department of Transportation criteria. SIDEWALKS/BIKEPATHS Pursuant to LDC, Section 3.2.8.3.17 and Section 2.5 of the Champion Lakes RV Resort PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. Sidewalks may be located outside platted rights-of-way, when-located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 1: JOI3\SMIEI.PUDF 2-14 ~ AGENDA~ MAY 2 3 2000 p l. 2.20 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. FJOB\SMEI.PUDF 2-15 AGENDA rrEM ....... NO. MAY 2 SMELA 3.1 3.2 3.3 3.4 I.':JOII\SlvlEI .PUDF SECTION III RECREATIONAL VEHICLE USE PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Champion Lakes RV Resort designated on the Master Plan as "RV". MAXIMUM DWELLING UNITS A ~naximum of 300 recreational vehicles may be constructed/placed on lands designated "RV," on the PUD Master Plan. GENERAL DESCRIPTION Axeas designated as "RV," on the Master Plan are designed to accommodate a full range of recreational vehicle types, general permitted uses as described by Section 2.15, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "RV", is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Recreational vehicle tracts are designed to accommodate internal roadways, open spaces, and other similar uses. PERbIITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Recreational Vehicles - Class A motor coach or similar type recreational vehicle. 2. Resort Homes not to exceed a maximum of 30% of the total permitted units within the PUD. 3. Model Homes/Model Home Center including offices administration, construction, sales m~d marketing. 3-1 for project MAY 2 3 2000 I":JOl:gS,%11~l .Iq, il)F Recreational facilities such as parks, playgrounds and pedestrian/bikeways. 5. Parking and outdoor storage of recreational vehicles and related facilities. Project signage, subject to Section 2.18 of the Champion Lakes RV Resort PUD. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. Accessory Uses and Structures: Accessory uses and structures customarily associated ,with principal uses permitted in this District, including swimming pools, docks, piers, spas, screen enclosures, RV ports, recreational facilities designed to serve the Development, and essential services. Screened-in porch, elevated or built at ground level, not to exceed an area equal to that of the recreational vehicle to which it is attached. The screened porch may include space for on-site utility/storage space; however, said areas shall not contain ducts or facilities for the provision of heating and cooling. Storage/Utility building, not to exceed an area of one hundred (100) square feet. Storage/utility buildings may be detached or attached to the principal structure. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. Definitions: Recreational Vehicles - All recreational vehicle types permitted within the Champion Lakes PUD shall be as defined in Chapter 320.01, F.S. Resort Homes - For purposes of this Section, a resort home is a single family detached dwelling unit. Integral to the resort home is a covered recreation vehicle port or enclosed garage designed to store the resident's recreational vehicle. A~IDA ITEM 3-2 ' MAY 2 3 3.5 DEVELOPMENT STANDARDS Ao Development standards for all types of permitted uses apply to individual recreational vehicle lot boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Go Development standards for uses not specifically set forth in this PUD shall be in accordance with those standards of the TTRVC Zoning District of the Collier County Land Development Code. Go The following development standards shall be applicable to the Champion Lakes RV Resort PUD: 1. Minimum lot area: 2,800 square feet 2. Minimum lot width: Fon'y (40) feet (average) Minimum yards:Principal Structures: a. Front: Ten (10) feet b. Rear: Five (5) feet c.- Side: Five (5) feet d. PUD Boundary: Fifteen (15) feet 4. Maximum Height: Thirty-five (35) feet Distance Between Structures: Ten (10) feet, except that no separation is required between principal and accessory structures on the same lot. I::JOB\SMI~I.PtJDF 3-3 AGENDA ITEM - NO. MAY 2 3 2000 SMELA 4.1 4.2 4.3 SECTION IX,' RECREATION PURPOSE The purpose of this section is to identify permirted uses and development standards for areas within the Champion Lakes RV Resort PUD designated on the Master Plan as "Recreation". GENERAL DESCRIPTION The approximate acreage of the Recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Area is designed as a mixed use area which will accommodate a variety of active recreational and personal services for the Champion Lakes RV Resort residents and guests. 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: Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. A maximum of 15,000 square feet of gross building area may be utilized for a variety of convenience commercial and personal service uses for owners and guests of the Champion Lakes RV Resort PUD, including, but not limited to, sales offices, delicatessen, convenience market, satellite banking, auto washing, postal station, and beauty salon. Any other personal service facility of a similar nature to those listed above shall be authorized by the Collier County Planning Services Department Director. No signage acknowledging the presence of the convenience commercial uses shall be visible from any public or private street external to the PUD. C. Vehicular/recreational vehicle parking and storage. I: JOII~,SMlil .Iq II)1: 4-1 AGENDA ITEM M,.?', 2 3 2000 4.4 D. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this District, including parking facilities. 2. Propane filling station for resident use only. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 2. 3. 4. Front Yard: Fifteen feet (15') Side Yard: Ten feet (10'). Rear Yard: Fifteen feet (15'). Setback from a lake (or conservation area) for all principal and accessory uses may be zero feet (0'). Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Go Maximum height of structures- Thirty-five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty (40) feet. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of'development. E. Minimum distance between accessory structures - Ten feet (I 0'). Fo Parking for uses and structures constructed in the Recreation Area: one (1) space per 1,000 square feet of enclosed building area. F:JOB\SMEI.PUi)F 4-2 ~ AC, ENDA ~ M ,Y 2 3 2000 SMEI.A SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identigy the permitted uses and development standards for the area within the Champion Lakes RV Resort PUD designated on the Master Plan as Preserve. 5.2 5.3 GENERAL DESCRIPTION Areas designated as Preserve Areas on the Master Plan are designed to accommodate conservation, open space, landscape buffers, passive recreation and limited water management uses and functions. The approximate acreage of the Preserve Areas is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The actual acreage and location of Preserve Areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC, and shall be based in part on jurisdictional agency requirements. 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, landscape buffers, nature trails, shelters. Water management facilities, with approval by Collier County Environmental and Engineering Review Services. 3. Signage, subject to Section 2.18 of Champion Lakes RV Resort PUD. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve Area. 5-1 ~ AGENDA ITEM NO ......~ Mk¥ 2 3 2000 I" J()II\SMI!I 1'[ II)l.' 5;MI-:I A 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or tract boundary: 2. From Lake/Preserve: B. Maximum Height of Structures: Ten Feet (10') Zero Feet (0') Twenty-five Feet (25') 5-2 AO.,D~A rr~ No. I~"'" 2 3 2000 F:JOB\SMELPUDF SMELA SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 PURPOSE The purpose of this Section is to set forth the development commitments for the Champion Lakes RV Resort Project. PUD MASTER DEVELOPMENT PLAN All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically noted. The PUD Master Plan (Exhibit A) is an iljustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final subdivision plat or site development plan approval. Go All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. ENGINEERING Except as noted herein, all Project development will occur consistent with Division 3.2 and 3.3 of the LDC. 6.4 UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the Project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in Section 2.20 of this Document. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. 6-1 2 3 2000 F;JOB\SMELPUDF SMELA 6.5 6.6 All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.20 of this Document. WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District, this Project shall be designed for a storm event of a 3-day duration and 25-year return frequency. go An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. The Champion Lakes RV Resort conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. ENVIRONMENTAL A° Wetland buffers shall be provided in accordance with Army Corps of Engineers and South Florida Water Management District Rules. An exotic vegetation removal, monitoring and maintenance plan'for the site, with emphasN on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above-mentioned plan. A non-exclusive conservation easement or tract shall be established on the plat for agency jurisdictional wetland areas within the designated Preserve Area on the PUD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. F:JOB\SMELPUDF 6-2 AC~.J~DA ITEM MAY 2 3 2000 SME~.'A 6.7 TRANSPORTATION mo Access to the Champion Lakes RV Resort PUD shall be permitted via an extension of Championship Drive. Said extended roadway shall be surfaced with dustless material prior to commencement of site work. go That portion of the Champion Lakes PUD lying between Silver Lake PUD and Pelican Lake PUD shall not be improved for roadway purposes, unless required by Collier County. 6-3 AOENDA MAY 2 3 2000 F:JOB\SMELPUDF SMELA OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, plus an additional 4 years expiring on September 2, 2004, representing an Alternate position, on the Public Vehicle Advisory Committee. CONSIDERATIONS: The Public Vehicle Advisory Committee has 1 vacancy due to the resignation of John Dougherty. Three members must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and two members who are in no way affiliated or associated with the vehicle for hire business. This 5 member committee reviews and approves; applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 91-93. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David Shkolnik Affiliated 5 Yes None Eric N. Hyde Affiliated 2 Yes None Pamela Prasad-Puccia Affiliated - Limo Service 5 Yes None James Mark Levasseur Affiliated - Limo Service 5 Yes None Lisa MiMarco Affiliated - Limo Service 2 Yes None Steven G. Dersham Affiliated - Non-Emergency Service 5 Yes None COMMITTEE RECOMMENDATION: No Recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to the Public Vehicle Advisory Committee representing an Alternate position, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners MAY 23, 2000 MAY 2 2000 Memorandum ECE1VED 0 8 2000 of Coum;.y C0~afsst0~,r~ To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Director May 1, 2000 Public Vehicle Advisory Committee The attached resumes for the vacancy in the Public Vehicle Advisory Committee have been reviewed by the Committee and myself. These meet the ordinance requirements since these are affiliated with Vehicle for Hire businesses in the following manner: David Shkolnik Eric Hyde Pamela Prasad-Puccia James Mark Levasseur Lisa DiMarco Steven G. Dersham Charter Service Charter Service Charter Service - Limo Service Charter Service- Limo Service Charter Service- Limo Service Charter Service - Non-Emergency Service M~AJmc Code Enforcement Department Community Development & Environmental Services Division AC.-iENDAJTE. M NO. ,/¢)~ ~,AY 2 ~ 2000 Public Vehicle Advisory Committee Clifford Wesley Flegal, Jr. P.O. Box 2663 Naples, FL 34106 Distr/ct.' 1 Category: Non-Affiliated Work Pkone ~pt'd ~p. Date Term Hom~ Pkon~ Date~,-a~t 2ndF~Da~ 2rid Term 09/02/97 09/02/01 4 Years 774-9674 William J. Csogi 202 Woodshire Lane Naples, FL 34105 District: 2 Category: Non-Affiliated 435-1157 10/26/99 09/02/00 Patricia M. Baisley 2725 70th Street, S.W. Naples, FL 34105 District: 2 Category: Affiliated 1 Year Bryan L. S, Pease 1373 Wildwood Lakes Blvd. No. 2 Naples, FL 34104 District: 3 Category: At~iated 2068 51st SWeet, . Naples, FL 34116 District: 3 Category: AlternatedAffi!iaten:l 262-1312 06/08/93 09/02/96 3 Years 649-0468 10/08/96 09/02/00 4 Years 261-5151 06/04/96 09t02/96 3 Months 06/04/96 09/02/00 4 Years Thomas W. Lugfin 42 Mentor Drive Naples, FL 34110 District: 5 Category: Affiliated 353-8294 09/02/97 09/02/00 455-5555 3Y -, j 598-3300 06/04/96 09/02/96 2 Months 09/02/97 09102/01 4 Years W~lna~d~y, Oc~ob~ 27, 1999 HAY 2 3 2000 Pt. Public Vehicle Advisory Committee Work Pkone ,~pt~d E~p. Date Term Home Pkone Date~e-appt ~nd~Date 2rid Te~n This 5 member and I alternate member was created by Ord. No. 86-4, m-established by Ord. 91- 93, amended by Oral. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for him business and regarding alleged violations of Ord. 91-93. Membership consists of 3 members who must be holders of Certificates to Operate a motor vehicle for hire company in Collier County, and 2 members who am in no way affiliated or associated with any holder of a cerlificate. Terms am 4 years. Enforcement Director:. 403-2413 MEMORANDUM DATE: April 10, 2000 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assist~nt..~j' Board of County Commissioners Voter Registration - Advisory Board Appoinunents 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. PUBLIC VEHICLE ADV COMM David Shkolnik 260 20~ Avenue, NE Naples, FL 34120 Eric N. Hyde 548 Ibis Way Naples, FL 34110 Pamela Prasad-Puccia 3280 17* Avenue SW James Mark Levasseur 1410 11® Street SW Naples, FL 34117 COMMISSION DISTRICT Lisa DiMarco 3019 Gardens Boulevard Naples, FL 34105 Steven G. Dersham 2785 20th Avenue, SW Naples, FL 34117 MEMORANDUM DATE: April 10, 2000 TO: FROM: Michelle Arnold, Code Enforcement Dire9,tOf Sue Filson, Administrative Assistant~/~_ Board of County Commissioners Public Vehicle Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: David Shkolnik 260 20~ Avenue, NE Naples, FL 34120 Eric N. Hyde 548 Ibis Way Naples, FL 34110 Pamela Prasad-Puccia 3280 17* Avenue SW Naples, FL 34117 James Mark Levasseur 1410 11~' Street SW Naples, FL 34117 Lisa DiMarco 3019 Gardens Boulevard Naples, FL 34105 Steven G. Dersham 2785 20~ Avenue, SW Naples, FL 34117 David Shkolnik 260 20th Avenue, NE Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 280 20th Avenue HE Naples. FL 34120 (941) 354-1110 Platinum International Janucn'y 1, 1999 Sue Ffison Administrative Asst, Board of County Commissioners Collier County Government 3301 Tamiami Trail East Naples, FL 34112 Dear Madcn'n, I hereby submit my resume in consideration for the position on the Public Vehicle Advisory Committee. All employment experience noted can be further verified upon request. If there is anything more I can provide, please feel free to contact me. David Shkolmk Platinum International RECEIVEC~, 2000 260 20th Avenue HE l~aples, FL 34120 (041) 354-1110 David Shkolnik Objective Seeking position on the Public Vehicle Advisory Committee. Qualifications and Skills I have 17 years experience in the livery business catering to the top hotels and high end clients in New York City. Experience S/8~-4/00 P~nm -Owner and President -Branches in NYC and Naples, FL. 8/83-0/88 Manhattan Limousine -Franchised Driver 7/79.7/83 Singer Company Roahoster, NY -Setup manager Education Associates degree from Technical College of Moldovia Bachelors degree from St. Petersburg Institute of Technology Special certification from Rochester Institute of Technology PROM PAGE April 7, 2000 VIA FACSIMILE: 774-3602 Ms. Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filaon: I would like to offer my services to the Collier County Public Vehicle Advisory P~oard as a ce~fied holder or as an alternate. Attached ple~e find a copy of my current resurn6. Should you require any ~ditional information or need to contact me, please do not hesitate to call me at my office (594-6002). Anachment ENH/mjc 475 Seagate Drive Naple$. Florida 34103 (941) 597-3232 ER/C N. HYDP., Ck~, ~ N, rples, FL 34110 941-$13-9311 Home 941-:~-6017 941-999-1265 Pager 11/96.~t 11f9~-11/9~ PROFESSIONAL EXpER1F~CE .se~or v'~ Pre~ ~ ~ Herded vbe sales rout marketi=g ~orts of North F!mid~s ~ AP~-07-0~ 10: 1~ F~OM=REGISTRY R£SO~T ID:9415977168 PAG£ 3/9 Page 2 - Resasmg, Eric N. Hyde. ~OTT AT Ponte VetIra ~, 9/$9-4/92 all arpec~. Increased local azle~ tbro~tgb Market Plan HILTON- WALT DISNEY WORLD VILLAGE Lake Bttena Vista, FL co_ __~_'~g [or borb e~nve~t/~s ~m/' ~ ~. Imp~ cosr[eren~ AGEt~AITEM NO. MAT 2 3 2CJ0 Pg. ,/~,~ Ap~-O?-00 10:11 FROH:R£GISTR¥ R£SORT ID:941~977168 PAG£ 4/5 NEW OR L~AN& .I-~_ -TON RIVERSIDE AND TOWERS Ne~Orletms, LA 11/$4.8/86 GRAND H~ATT Nea, Yor~ NY A '.smttmtDirectora[~er~g As 864 room property with ,t ~g ~,olsme of $14.7M. ~ res~o~blv [or e~ arering ot~.r~n i~ ~ of direc. wr. M~ &aies indaded bx~ufiiag of V~ ~md convtn~n arttotal ,~.x'mmts. ~~ Adm~ ~s trig [or ,dl aeu, ~g ~ WALDORF ~TORIA HOT'~ M HIL~N HOI'~) New York, NY RYE TOWN/~L~N Ap~-O?-00 10:11 F~OM:~£GIST~¥ ~ESO~T ID:94159771~8 PAGE EDUCATION Herbert H. Lelnna, Co~ege, Brottx, NY Bac/bel~ of ~. 1981 Major:. B~tsi~t~,~ .k~a~ Rpr O? O0 08:13a Sunset Limousine oF H&ple 941-455-7966 p.1 TO: 5UNSF_...TLIr"lOU¢INP_. OF 14.10 11TH _~T ~W NA PLIE_~, FL 3~117 P H O N E-(~,4-1)4-5~- 6 6 71 FAX-(94.1)4.55-7966 FACSIMILE TIIANSMITTAL SHEET Sue ]ames NAPLF__..~ COMPANY D A~c:,- CoiNer County Advisory Board 04/06/00 FAX NUMBER: TOTAL NO. OF PAG£S INCLUDING COVER: 774-3602 3 PHONE N U MBFc. R: RE' [] URGENT [] FOR REVIEW [] PLEASE COMMENT [] PLEASE REPLY [] PLEASE RECYCLE NOTES/COMMENTS' Good Morning Sue, I am applying for the position on the Taxi & Livery Advisory board. I fkel that my experience in the Limousine industry will benefit the board to be able to ask and answer the questions of future applicants. I know that working with the other board members will help me to understand the boards point of view on issues concerning new applicants. Thank You for considering me for the position. James Levasseur Sunset Limousine of Naples ~ar~ of Count, j: I~._/U[j MAY 2 3 2000 /? Rpr O? O00B:13a Sunset Limousine o? Maple S41-455-796B p.2 Objective: James Mark t. evasseur 1410 ffih St. SW Napi~ FL 34117 941-455-8550 To obtain a responsible and challenging position where my skills and abilities will benefit my employer and offer personal growth. EMPLOYMENT HISTORY Current 1997-1999 1997 Owner I Operator Sunset Limousine of Naples Naples, FL Full service transportation chauffeur. Marketing, Sales, Accounts Receivable, Accounts Payable, Business Management. Operations Manager I Field Supervisor I Warehouse Manager The Interiors Workshop of Naples Naples, FL All management duties, including scheduling of installations, checking jobs, shipping and receiving, also in charge of buildin9 mainrance. Warehouse Manager Air Technology Inc. Naples, FL Shipping & receiving clerk. Inventory and inspec'don of incoming and outgoing orders. 1985-1997 Owner I Operator Mark's Used Auto Parts i Auto Sales I Customer Transporlation Durham, ME Dulies included all aspects of a salvage yard and auto sales dealership. Auto repairs auto body, auto air-condilJoning repair and service, buying inventory, taking inventory, shipping & receiving. Office funclJons included: invoices, statements, and olher business associated items done with IBM computer, use of calculators, fax macl nationwide parts Iocaling system. Scheduling of service and transportation. Rpr O? O0 08:14a Sunset Limousine o~ Haple 941-455-?$66 p.3 James Mark Levasseur ~410 flth St. SW Naples, FL 34117 941-455-8550 1982-1965 Manager Randy's Used Auto Paris Auburn & Durham ME All management duties including answering phones, working parts counter, parts sales, wrecker & car carrier driver, auto dismantter, inventory control. Cashier and customer service. 1980-1982 Courier Fleet Bank Lewiston, ME Duties included driving, handling of important bank document, customer checks, payroll checks. EDUCATION 1994 Mac's Mobile Air Conditioning Sociely Worldwide Successfully completed training in CFC*12 refrigerant recycling and service procedures. 1976 Edward Little High School Auburn, ME High School Graduate I=IPR. G.L;:~t~ 4:;E'gF~l STEVE DIPlI~CO 1't0.458 P.2 Napier,, FL ~41o~ April6,2000 8urn Filson Dear Suo; After attending the hearing on Tuesday I became very interested In beoomlng more Involved with Public Vehicle Advlsory Commltl~a. I have ~!macly read the ordinances and think that I could be an asset tr) the Board, I hope that you will sinc~n~ty considered my application, Slncerelyr Lisa DiMaroo President '1,¸ MAY 2 3 2553 _ AFt. 6.81B88 4:29PM STEVE DIMARCO hK).458 P.3 Usa DiMarco $01g Ga~l~n~ Slvcl To be elected to a position on the Public Vehicle AdVisOry Committee Ambassador Limousine Involved in the complete ~et up of the new business ResponslbH for the lib:easing and permits required Handles all Insurances for the company Involved in vehicle acquisitions and registrations Implementing c~auffer training program Managing all financial activity for the oorporation Handling all budgeting, ac4:ount= reo, & payables, payroll Naples, FL 1994-1ggg Amba~saclor Limousine East Hartford, ¢T · Involved with my husband in all espect~ of the business · Involved In the day-to-day operations as w~ll as finanolal actlvity lg88-1994 Waz'a IGA I · · II ! Bristol, CT Invol~ in the day-to-day financial activity of the grooery store chain Office Manager Implemented ancl administerecl company's 40t(K) program Administered cornpany~s dental, health & accident insurances Responsible for ~mpany's worker oompensatlon insurance Responsible for oompany's general liabil~y insurance Involved in budgeting, accounts rec, & payable 1986-1990 Bryant College · Bachelor's Degree in F~nance · Treasurer for Alpha Phi Kappa ~orority PVAC, small businesses, Collier County Smithfield, RI :2 _ IFJlrdI IB]!rdll. 11dISiq S lllg[. Ig. 2785 2[31~ AVE. SE ~ Naples, FL 3411 7 Phone 941-3C32~17 ~ Ernail stdersham~aoi.com April 04,. 2000 Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 I received a letter from Mrs. Maria Cruz of Code Enforcement the other day advising that the Board of County Commissioners were seeking applications for a position on the Public Vehicle Advisory Committee. I would be very interested m participating and becoming a member of this committee. I have lived in the Collier County area for approx 3 years and am a transplant of sorts from Broward County. I lived in Broward Coun~ for approx. 25 years. While residing on the East Coast I have had an opportunity to work in both the public and private sector. I started in the private sector working for a private Amb~llance service that also provided Non-Emergency Tmns~rt Service (which is what I do today). I eventually ended up working for Broward County Fire Rescue which I spent the last 23 years. Three years ago I moved with my family to Naples and went to work for Naples Community Hospital in their Non-Emergency Trans~rt Service Section. Two years latter after seeing a need in the area for more Non-Emergency Transport type service I went into the business myself and opened American Medical Transport we specialize in the transpiration of the special needs citizens of Collier County. Our particular service while licensed as a Limo is concerned with the transpiration of those Pt.'s who because of some physical or mental condition are confined to ~ither a wheel chair or stretcher service for their tmnst~rtation needs. As a resident and business owner in the Collier County area I am very interested in the transportation aspect of otlr commllltity as it continues to grow it will offer more and more challenges and I would like to become a part of the process that meets those challenges. Thank you for considexing my request. 2785 20th Ave. SE Naples, Florida 34117 ce: Maria Cruz COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 March 30, 2000 AMERICAN MEDICAL TRANSPORTATION SERVICES, INC. 2785 20th Ave. S.E. Naples, FL 34117 Dear Sir/Madam: The Collier County Board of Commissioners is seeking applications for a position on the Public Vehicle Advisory Committee. Those individuals interested should submit a letter and brief resume, including home address to Sue Filson, Administrative Assistant, Board of County Commissioners, 3301 Tamiami Trail East, Naples, FL 34112 or Fax to 774-3602. Sincerely Maria ~m~z-Acevedo Code Enforcement Investigator/PVAC Secretary A AI!F so. Building Review & Permimng Code Enforcement Housing & Urban Improvement (941) 403~' (94~) ~tO7 40 (941) · 330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502 ,AP~ 05 ' 00 (WED) !6:~0 OULFBA¥ 941 4~4 2030 PAGE. 2/~ le0 20th Avenuo HE !~tpIotu, FL :B4120 (0~1) ~$4,.1110 Platinum International ]cmuary 1, 1999 Sue Illson Admtntatrative Asst, Boc~rd of County Ctmm~sioners Collier County Government 330l Tcaniconi ~ East Nixpies, FL 34112 Dea~ Madar~ I hereby submit my reeume in cc~sideration for the poeition on the Public Vehicle Advisory Comrrdflee. All employmerit experience noted can be further verified upon request. If there is anything more I ctm provide, please feel free to contact me. Dcr~i Sl',.koinik PlotLnurn Internotlonal pg. APR~ 05 ' 00 (WED) 16: ~1 GULFBAY 941 4~4 20~0 PAGE. ~/~ ~ ~ Avenue IG: !l'apbs, FL #120 (841) :IM. 1110 David Shkolnik Seeking pozltlea c~ the Public Vehicle Advisory Committee, Qualifications and Skills ! hav~ 1 ? ye<m~ experience in the livery butdriers ccaeHng to the top ho~ela and high eud clients in New York City. 8/~4/# Plmbmm Imeluetlomd -Owner (red President -lb'cinches in NYC cmd N~ples, FL I/IS.4/# M4ulHmmt Llmeudmo -Franchised Driver ~/'~ ~ ~ b~m~, ~' .S~tup manc~gerr Ed~~ As~3ciates degree {tom Technical College of Moldovia Bachelors degree from St. Petersburg Institute of Technology Special ce~ficatton L-*om Rochester In~iute of Technology 2000 OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 6, 2001 on the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. This position was declared vacant on March 23, 1999. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Roy Selanders ] Precinct No. 625 [ 3I Yes [None COMMITTEE RECOMMENDATION: Roy Selanders FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to the Golden Gate Beautification Adviosry Committee and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: May 23, 2000 AGEND ATF. I No. MAr 2 3 2000 pg. / filson_s on1: ant: To: Subject: lew_m Wednesday, May 10, 2000 10:55 AM filson s Gold~'n Gate Mstu Sue, At the Golden Gate MSTU meetingyesterday, the committee approved the resume of Roy Selanders, 4497 21st Ave SW, Naples, FL 34119, 941-455-9309. Could we please get it on the agenda for the next Board Meeting?! Also, for the Radio Road MSTU, do I let the people who were elected know that they have been approved or does the Board inform them? Please let me know. Thanks. Mike AGEND ~,~,AT 2 3 2000 I~. ~ Golden Gate Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Horne Phone DateRe-appt2ndExpDale 2rid Term Glenn E. Wilt 5019 31st Avenue, S.W. Naples, FL 34116 DistffYL~: 3 Category: Prec'mct 625/626 353-6843 01/11/00 10/06/03 3 Years Bonner G. Bacon 2570 47th Terrace, S.W. Naples, FL 34116 District: 3 Category: Precinct 623/626 11/07/95 10/06/98 3 Years 455-4373 02/09/99 10/06/02 4 Years Sabina Musci 4470 32nd Avenue, S.W. Naples, FL 34116 District: 3 Category: Precinct 627 10/04/94 10/06/98 4 Years 02/09/99 10/06/02 4 Years declared vacant 3/23/99 10/06/01 Naples, FL District: 3 Category: Precinct 624 Cherylc L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 .District: 3 Category: Precinct 626 11/07/95 10/06/97 2 Years 353-7969 1 2/16/97 10/06/01 4 Years Wednesday, January 12, 20OO Page 1 of 2 Golden Gate Beautification Advisory Committee Name I~'ork Phone Appt'd Exp. Date Term ttome Phone DateRe-appt 2ndExpDate 2rid Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of landscape improvements within the road dght of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 623, 624, 625, 626, 627, and part of 622 FL STAT: 125.01 Staff: D---.': DcCc=c-~, E~i~c.c~ ', ~. 77'4-8494 January 12, 2000 Page 2 of 2 AC, MEMORANDUM DATE: TO: FROM: April 10, 2000 Voter Registration - Advisory Board Appointments The B6ard of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG BEAUTIFICATION ADV COMM COMMISSION DISTRICT Roy Selanders 4497 21 ~ Avenue, S.W. Naples, FL 34116 7Yo Thank you for your help. MEMORANDUM DATE: TO: FROM: April 10, 2000 Mike Levy, Secretary II Sue Filson, Adminislxative Assist~n½./-~/~: ' Board of County Commissioners -- Golden Gate Beautification Advisory Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Roy Selanders 4497 21~ Avenue, S.W. Naples, FL 34116 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 NO.. ~_.~,,..~,.~ Apr-03-00 10:14A IABTI 941 353-6841 P.01 April 3, 2000 Ms. Susan Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 SUBJECT: GOLDKN ~AT~. B~AUTIFICATION O[N~4I~ Dear Ms. Pilson, Please accept this letter as my request for consideration, to fill an open position on the above mentioned co~nittee. I have provided my current resume for review. I am a Naples resident, living in C-olden Gate and a registered voter in Collier County. I have owned my home for approximately (~i) years. I am a current member of the Golden Gate Area Civic Association. If you require additional information, or wish to discuss in further' detail, feel free to contact me at the telephone number indicated below and indicated on my resume. Thankyou for your time in considering my application for this position. Roy Selanders 4497 21'~. Avenue, S.W. Naples, Florida 34116 Apr-03-00 10:14A IABTI 941 353-6841 P.02 Roy Selanders 4497 21* Ave. S.W, Naples, FL 34116 (941) 455 - 9309 1 have owned my own home and resided in Golden Gate for approximalely 11 years. I am 72 yem~ old - fully retired and feel that I can be of service to the com,nunity based upon nay past employment record. Proffessional History Jacobs Engineering Group lnc. Worked as Contracts Administrator for the South East Division Specialty Maintenance & Construction Inc. Project Manager Construction & Fabrication Division Baker, Mcllent3' & Welch Inc. Project Manager Bechtel Corporation inc. Area Superintendent RESOLUTION NO. 00- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY WHEREAS, on May 2, 2000 John Norris and the Advocate for the Florida Commission on Ethics entered into a Joint Stipulation of Fact, Law and Recommended Order; and WHEREAS, this stipulation was signed by John Norris, his counsel, and Virlindia Doss as Advocate for the Florida Commission on Ethics and notes "...they have freely and voluntarily entered into this joint stipulation of fact, law, and recommended order with full knowledge and understanding of its contents."; and WHEREAS, Mr. Norris admitted to allegation II. as follows: "The Respondent violated Section 112.313(4), Florida Statutes, by accepting an interest in, and/or a fee from, a partnership when he knew or should have known that it was being given to him to influence his vote or other action taken in an official capacity."; and WHEREAS, according to State Attorney Joseph P. D'Alessandro: "All parties are in agreement that Norris' compensation package, which included a 12.5% interest in the Limited Partnership and an annual consulting fee of $80,000.00 had been determined prior to December 1996, and remained unchanged throughout the business negotiations."; and WHEREAS, Mr. Norris admitted to allegation III. as follows: "The Respondent violated Section 112.313(6), Florida Statutes, by using his office to pressure the PGA to replace People and Properties as the tournament director of a PGA Senior Tour event, for his own benefit or that of William Rasmussen and/or The Challenge Foundation; and 1 WHEREAS, according to State Attorney Joseph P. D'Alessandro: "On February 29, 1996, shortly after the 1996 Senior PGA Tournament, Norris accompanied Rasmussen and others to the PGA to "pitch" The Challenge Foundation as the proposing Tournament Operator for the 1997 event. Witnesses Vajda, Counsel, and Seward have recalled that Norris pledged to do everything he could to ensure continued Collier County support for the Tournament. Seward further recalled that Norris stated that the County would NOT support the Tournament if People & Properties (the 1996 Tournament Operator) remained involved with the Tournament."...; and WHEREAS, Mr. Norris admitted to allegation V. as follows: "The Respondent violated Section 112.3143(3)(a) Florida Statutes, by voting on January 14, 1997, on a measure dealing with Maricopa-Hardy's Pelican Strand Project."; and WHEREAS, according to State Attorney Joseph P. D'Alessandro: "On January 14, 1997, the Board of County Commissioners of Collier County took two actions which secured the funding for the 1997 tournament: (1) The 1996 contract was retroactively amended to remove the reimbursement and audit provisions of the original contract, (2) The Board of County Commissioners of Collier County approved funding for the 1997 event ($500,000.00). The effect of (1), in part, was to lessen the likelihood that the misdirection of TDC grant funds to the tournament purse would be detected. It should be noted that the 1997 TDC contract also prohibited the use of TDC funds for prize money. The contract stipulated that the funds would be used for the cost of television production and operating expenses related to the telecast of the event. Commissioner Norris did not disclose the apparent conflict of interest of his official actions in voting for these two items: both of which furthered the interests of his business associates by underwriting $500,000.00 of the expenses for the 1997 Senior PGA Tournament which was one of the prospective tournaments to be sited at Stadium Naples, once completed."; and WHEREAS, the duties and powers of the Commission on Ethics are listed in Florida Statutes 112.322 and include in 112.322(2)(b) as follows: ..."In the event that a violation or breach is found to have been committed, the commission shall recommend appropriate action to the agency or official having power to impose any penalty provided by s. 12_317_"-_ and AOEN A M r,',^¥ 2 2000 2 Pg. ~ WHEREAS, Florida Statutes 112.317 "Penalties" includes provision 112.317(1)(a)(2.) Removal from office; and WHEREAS, the conduct admitted to by Norris reasonably raises questions in the public eye as to fitness to complete his term of public office. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, recommend that John Norris voluntarily resign from his office as County Commissioner or that Governor Jeb Bush remove or suspend him from office. This Resolution adopted this day of , 2000, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DWIGHT E. BROCK, Clerk TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: David C. Weigel Assistant County Attorney 3 MEMORANDUM DATE: TO: FROM: May 16, 2000 Thomas W. Olliff, County Manager Pamela S. Mac'Kie Commissioner, District 4 Resolution Regarding John Norris Attached please find a copy of the proposed resolution and the Joint Stipulation of Fact, Law and Recommended Order before the State of Florida Commission on Ethics to be included as backup for the Board of County Commissioners agenda of May 23, 2000. ~///~mela S. Mac Kie Commissioner, District 4 PSM/tlm Attachment ~'~A¥ 2 3 2000 Resolution On May 2, 2000 John Norris and the Advocate for the Florida Commission on Ethics entered into a Joint Stipulation of Fact, Law and Recommended Order. 1. This stipulation was signed by John Norris, his counsel, and Virlindia Doss as Advocate for the Florida Commission on Ethics and notes "...they have freely and voluntarily entered into this joint stipulation of fact, law, and recommended order with an~ ~4exsta~4i~ of its 2. Mr. Norris admitted to allegation II. as follows: "The Respondent violated Section 112.313(4), Florida Statutes, by accepting an interest in, and/or a fee from, a partnership when he knew or should have known that it was being given to him to influence his vote or other action taken in an official capacity." 3. This 12.5% interest could have been worth $7.5 million. 4. According to State Attorney Joseph P. D'Alessandro: "All parties are in agreement that Norris' compensatiom package, which included a 12.5% interest in the Limited Partnershi~ and an annual consulting fee of $80,000.00 had been determinea prior to December 1996, and remained unchanged throughout the business negotiations." 5. Mr. Norris admitted· to allegation III. as follows: "The Respondent violated Section 112.313(6), Florida Statutes, by using his office to pressure the PGA to replace People and Properties as the tournament director of a PGA Senior Tour event, for his own benefit or that of William Rasmussen and/or The Challenge Foundation. 6. According to State Attorney Joseph P. D'Alessandro: "On February 29, 1996, shortly after the 1996 Sr. PGA Tournament, Norris accompanied Rasmussen and others to the PGA to "pitch" The Challenge Foundation as the proposing Tournament Operator for the 1997 event. Witnesses Vajda, Counsel, and Seward have recalled that Norris pledged to do everything he could to ensure continued Collier County support for the Tournament. Seward further recalled that Norris stated ~hat the County would NOT support the Tournament if People & Properties (the 1996 Tournament Operator) remained involved with the Tournament."... 7. Mr. Norris admitted to allegation V. as follows: "The Respondent violated Section 112.3143(3) (a) Florida Statutes, by voting o' January 14, 1997, on a measure dealing w~h Maricopa-Hardy' AGENDA_ITEM No. ~,O L~ _ Pelican Strand project." 8. According to State Attorney Joseph P. D'Alessandro: "On January 14, 1997, the BOCC took two actions which secured the funding for the 1997 tournament:(1) The 1996 contract was retroactively amended to remove the reimbursement and audit provisions of the original contract, (2) The BOCC approved funding for the 1997 event ($500,000.00). The effect of (1), in part, was to lessen the likelihood that the misdirection of TDC grant funds to the tournament purse would be detected. It should be noted that the 1997 TDC contract also prohibited the use of TDC funds for prize money. The contract stipulated that the funds would be used for the cost of television production and operating expenses related to the telecast of the event. Commissioner Norris did not disclose the apparent conflict of interest of his official actions in voting for these two items: both of which furthered the interests of his business associates by underwriting $500,000.00 of the expenses for the 1997 Senior PGA Tournament which was one of the prospective tournaments to be sited at Stadium Naples, once completed." 9. The duties and powers of the Commission on Ethics are listed in Florida Statutes 112.322 and include in 112.322(2) (b) as follows: ..."In the event that a violation or breach is found to have been committed, the commission shall recommend appropriate action to the agency or official having power to impose any penalty provided by s. 112.317." 10. Florida Statutes 112.317 "Penalties" 112.317(1)(a)(2.) Removal from office. includes provision 11. The conduct admitted to by Norris is corrupt and constitutes misfeasance ~-d malfeasance of office as defined by F.S. 112. Therefore, the Collier County Republican Executive Committee reco~u~ends to Governor Jeb Bush that Commissioner John Norris be removed or suspended from office. Passed unanimously. - AGENDA ITEM No. IO _ MAY 2 3 2000 .~.~ ~l~u~l~C~ bCN~RNL5 UPPICb · 619417?40225 N0.615 re: John Norris, R~pondtnt. BEFORE THE STATE OF FLORIDA COMfMISSION ON ETHICS Complaint No. 97-120, 98-121} & 98-133 consolidated / JOINT STIPULATION OF FACT, LAW, AND RECOMMENDED ORDER . The Respondent, John Norris, and d~c Advocate ['or the Florida Commission on Ethics enter into this Joint Stipulation of Fact, Law and Recommended Order with respect to the above-styled Complaint. Subject to acceptance by tile Commission on Ethics, the pa~tics agree that they enter into this stipulated settlement in lieu of' further hc~rin§s in this cause. The parties stipulate as £oIIows: STIPULATED FINDINGS OF FACT At all times material to this Complaint, the Respondent, John Norris, was a member of the Collier County Board of County Commissioners, and as such was subject to the provisions o£thc Code of Ethics for Public Officers and Employees, Pm't III, Chaptcr 112, Florida Statutes. 2. Complaint No. 97-120 was fdcd with the Commission on Ethics August I, 1997, Complaint No. 98-120 was filed June 23, 1998, and Complaint 98-133 was Filed July 23, 1998. Pursuant to Section I12.322, Florida Statutes, the Executive Director of the Commission on Ethics found that the Complaints were legally sufficient and ordered a preliminn-,7 investigation of the Complaints For a probable cuu$c determination of whether the Rcspondertt had violated the Code of Ethics. The Report o£[nvestigation in Complnlnt No. 97-120 was ~leased on Junc I, 1999, and the Report of Investigation in Complaints No. 98-120 and 98-133, which ~d bc~n consolidated, wa~ released Junc 4, 1999. AGENDA ITEM - pg · i~: ~J w ~ I u~N~- Y 5ENERALS OFF ICE -~ 61941 ??40225 NO. 615 4. On September ~, 1999, the Commission on Ethics entered orders f'md[ng probable ~use to believe the Respondent had violated Sections 112.313(2), (4), (6), (7), and 112.3143, and li2.3 ]48, Florida Statutes. The allegations are: Z. The Respondent violated Section l ! 2.313(2), Florida Statutes, by soliciting or accepting an interest in, and/or fee £rom, a parmership, with the understanding that his vote, o fr~cial action, or judgment as a public officer would be infIuenccd thm'eby. [1. The Respondent violated Section ] 12.3 ] 3(4), Florida Statutes, by accepting an interest in. and/or n tree from. a pannership when he knew or should have known · nt it was being given to him to influence his vote or or. her action taken in his otT~cinl capacity. IlL The Respondent violated Section ! 12.3 ! 3(6), Florida Statutes, by using his office to pressure the PG^ to replace People and Properties as the tournament director otr a PGA Scnior Tour event, for his own benefit or that of' William Rasmussen and/or Thc Challenge Foundation. IV. The Respondent violated Section 112.313(7)(a), Florida Statutes, by having a contractual relationship which impeded the performance of' his public dudes or created a continuing or frequently recurrig conflict between his private interests and the performance of' his public duties. V. The Respondent violated Section ! 12.3143(3)(a), Florida Statutes, by voting on an October 1996 measure dealing with Maricopa-Hardy's Pelican Strand project. Vt. The Respondent violated Section I 12.3143(3)(a), Florida Statutes, by voting on January 14, 1997, on a measure amending the 1996 contract between the County and the PG^. VII. The Respondent violated Section 1 !'2.3143(3)(a), Florida Statutes, by voting on January 14, 1997, on a measure granting The Challenge Foundation funds as director of the 1997 golf tournament. Vl[I. The Respondent violated Section 112.3148(4), Florida Statutes, by accepting a gift o['a playing slot in the February I997 LG Pro-Amateur GolrTourm, mcnt. IX. The Respondent violated Section 112.3148(4), Florida Statutes, by accepting a gif~ of a trip to tour tim Clcvclnnd Clinic. -2- AGENDA ITEM No. 2 3 2000 .Pg .....~ lo~) w l I U~N~Y G~NER~LS 0FFIEE a 61~177~0~25 N0.615 5. The Respondent admits the facts as set forth in the Reports of Investigation in Complaints No. 97-120 and 98-120fznd 98-1.33, which Me incorporated by reference in this .loint Stipulation, and admits Allegations I1, Ill, V, and VIII. STIPULATED CONCLUSIONS OF LAW 1. The Respondent is subject to the provisions of Part Ill, Chapter 112, Florida Statutes, the Code of Ethics for Public Officers and Employees. 2. The Commission on Ethics has jurisdiction over the Complaint as filed in this proceeding and over the Respondent. 3. The Respondent violated Section I I 2.313(4), Florida Statutes, by accepting an interest in, and/or a £cc from, a partnership when he knew or should have known that it was being given to him to [n.quencc his vote or other action taken in his otTicial capacity. 4. The Respondent violated Section 112.3 i 3(6), Florida Statutes, by using his office to pressure the PGA to replace People and Properties as the tournament director ofa PGA Senior Tour event, for his own benefit or that of William Rasmussen and/or The Challenge Foundation. 5. The Respondent violated Section 112.] 143(3)(a), Florida StatuTes, by voting on an October 1996 measure dealing with Maricopa-H~rdy's Pelican Strand project. 6. The Respondent violated Section 112.314g(4), Florida Etarules, by accepting a gif~ of a playing slot in the February 1997 LG Pro-Amateur Golf Tournament 7. The Advocate is ortho opinion that insulTrelent evidence exists Io prove Allegation IV', the allegation of violation of Section 112.313(7), Florida Statutes, by having a conmu:mal relationship which impeded the performance of his public duties or crea~l a continuing or frequently recumng conflict between his private interests and the performance of his public duties, -3- AGENDA ITEM' No. '10 ~ - ~o l J- JJ H ~ I u~l'~-~ L~-N~-NHLb UPP ICE ~ bl~41Y'/4~225 NO. 615 or Allegation I~ ~e allegation ofvioIation of Section 112.3 l~8(4), Flo~ $~t~, by ac~pfing a gift ofa ~p to ~ the Clcvcl~d Clinic, to ~e st~d~d ofc!~ ~d ~nvincing evid~ ~d recommen~ that &ese c~ges be dismissal with a finding of no violation.' 1fl. In ~ew of ~e ~s~ndent's ~missions to ~legations ii, III, V, ~ ~II, ~e subs~tial penalty ~e R~pondent h~ agreed m, and ~e fact that the Rcs~ndent ~ that he will no~ ~ek ~le~ion a~ the ~d of his m~, ~e Advocate is ortho opinion ~a~ no public pu~ose would be sc~cd by further prosecuting Respondent ~ to Allegations I, VI md VII, ~d r~ommcnds ~hat ~ose ch~ges be disraised pursuit to S~tion ! 12.324(10), FIoH~ S~tu~. STIPU~TED RECOMMENDED ORDER The Advocate accep~ the Respondent's admissions in this pm~ing. 2. ~c Advocate ~d the Rcs~ndent have entered into this Joint Stipulation ~d u~c · e Commission on E~ics to approve it in lieu of fu~er he~ings in ~is cau~. 3. Therefore, ~e Advo~te recommends that: ~cCommission on E~ics approve this Joint Stipulation, em~dying~sfipu~fions, admissions, and recommcndado~ og~e p~ies; red, (b) The Commission on E~ics enter a Final O~er md Public Re~' dismi~ing Allegations IV ~d IX, ~ a finding of no violation, d[sm~sing Allegation l, VI, ~d VII, m Sec~on 112.324(10), Florida Samres, ~r ~e ~ns stat~ in Stipulat~ Co~l~on of~w numb~ I0, above, ~d finding ~al ~e R~ndent violated S~tions ! 12.313(4), 11~313(6X 112.3143(3~a), ~d 112.3148(4), Florida Statutes, ~d red--ending a civil ~nal~ of $5,000 ~d are. sfitution penalty of $30,000. AGEND~TEM No. !~ ..... ~,u~ b~N~Wbb UFkICE a 619417740~25 N0.615 FURTHER STIPULATIONS I. The Respondent and the Advocate stipulate and covenant that they have freely and voluntarily entered into this join~ Stipulation of Fact, Law, and Recommended Order with Full knowledge and underslanding of its contents. Tl~ Respondent and the Advocate further stipulate and covenant that this Joint Stipulation constitutes the full agreement of' the panics and that there am no oral or written understandings between the parties other than those contained in this Stipulation of' Fact, Law, and Recommended Order. 2. The Respondent and the Advocate stipulate and covenant that, in consideration of'the provisions of this Joint Stipulation of' Fact, Law, and Recommended Order, the R~pondent and the Advocate accept and will comply with the above-referenced Final Order and Public Report of the Commission on Ethics 3. The Respondent and the Advocate stipulate that this Joint Stipulation of' Fact, Law, and Recommended Order is submitted to the Commission on Ethics for its consideration and ratification. In the event that it is not approved by the Commission on Ethics as written, this document shall ~ of no purpose and effect and shall not be deemed an admission by the 'Respondent. 4. Effective upon approvaJ of this Joint Stipulation of Fact, Law, a~d Recommended Order by the Commisdon on Ethics, the Respondera waives all time, notice, az~d hearing righa requirements, and entillements, as m all subsequent hearings in this proceeding. -5- ,2000. Virlindia Doss Commission on Ethics Florida Bat No. 0607894 OIT~ce o~' the Attorney General The Capitol, PL-O l Akcrman, Senterfitt, and Edison. P.A. 301 South Bronough Street. Suit~ 200 Tallahassee, Florida 32301 -6- AGENDA~TEM No.-1~ L3 - AGENDA I:~.oE M No. tC~ RESOLUTION NO. 00- A RESOLUTION REQUESTING THAT THE GOVERNER OF THE STATE OF FLORIDA SUSPEND FROM OFFICE COMMISSIONER JOHN C. NORRIS. WHEREAS, Commissioner John C. Norris has entered into a proposed settlement agreement to resolve ethics charges pending against him before the Florida Commission on Ethics; and, WHEREAS, pursuant to said proposed settlcrnent agreement, Commissioner Norris admits that he: violated Section 112.313(4), Florida Statutes, by accepting an interezt in, and/or a fee fi'om, a parmership when hc knew or should have know that it was being given to him to influence his vote or other action taken in his official capacity; violated Section 112.313(6), Florida Statutes, by using his office to pressure the PGA to replace P~ople and Properties as the tournament director of a PGA Senior Tour event, for his own benefit or that of William Rasmussen and/or The Challenge Foundation; violated Section 112.3143(3)(a), Florida Statur by voting on an October 1996 measure dealing with Maricopa-Hardy's Pelican Strand projc~,, and violated Section 112.3148(4), Florida Statues, by accepting a girl of a playing slot in the February 1997 LG Pro-Amateur Golf Tournament; and, WHEREAS, Article IV, Section 7(a) Florida Constitution, provides that: By executive order stating the grounds and filed with the secretary of state, the governor may suspend office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: Based on Commissioner Norris' admissions in the proposed settlement agreement, the Board of County Commissioners hereby requests that Florida Governor Jeb Bush, pursuar Article IV, Section 7, Florida Constitution, suspend from office Commissioner John C. Page 1 Norris. Said suspension request is contingent upon the proposed settlement agreement either being formally accepted by the Florida Commission on Ethics or any of the charges against Commissioner Norris being entered as findings by the Ethics Commission through a hearing process. THIS RESOLUTION ADOPTED on this after motion, second and majority vote. __ day of , 2000 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: Ramiro Mafialich Chief Assistant County Attorney h:DA~R.~aolutions~ 000\Noms, Mac'K~¢ Page 2 AGENDA ITEM No.-- I~5 t--') - EXECUTIVE SUMMARY PUD-99-18(1), ROBERT DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING THE OLDE CYPRESS DEVELOPMENT CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" KNOWN AS OLDE CYPRESS PUD FOR THE PURPOSE OF ADDING 9.3+ ACRES OF LAND FOR A GOLF COURSE DRIVING RANGE, AND TO REVISE THE PUD TO REFLECT CHANGES BROUGHT ON BY THE USE OF THE ADDED LAND AND OTHER CHANGES TO THE PUD DOCUMENT RELATIVE TO SETBACK REQUIREMENTS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD, 1.3 MILES EAST OF 1-75, IN SECTIONS 21 & 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 538.1+ ACRES (COMPANION TO DOA-2000-02) OBJECTIVE: This petition seeks to rezone approximately ten (9.3) acres of land from "A" Rural Agricultural to "PUD" Planned Unit Development which land will be attached to and become a part of the current Olde Cypress PUD. In addition certain modifications will be made to the PUD regulations to reflect the added acreage and to revise certain yard requirements. CONSIDERATIONS: The Olde Cypress Woods PUD is located on the north side of Immokalee Road (C.R. 846) in Section 21, Township 48 South, Range 26 East. The added land area lies immediately east of the west entry road of the current Olde Cypress Woods PUD. This added land area is to facilitate relocating the current aqua driving range at the new site of approximately 9.3 acres. In this transition the current aqua driving range (i.e. land area and lake) will be converted to an additional residential building tract, although this does not constitute an increase in the authorized number of dwelling units. The net effect of the change to the Master Plan is that the residential land area will increase for 152.5 acres to 155.2 acres while total golf course open space area will increase from 161 to 168 acres. While unrelated to the fact that additional land is being add, the Master Plan is also being revised to terminate the eastern most road through the commercial tract at the preserve boundary thus eliminating crossing the preserve area. Additionally, the roadway going west across the commercial tract will facilitate access to individual properties lying between the two legs of Olde Cypress which extend to Immokalee Road thereby eliminating the need for an additional canal crossing, and access point to Immokalee Road. In addition to the changes caused by the additional acres, a minor amendment is proposed to the Table III to allow pool enclosure structures to locate within five (5) feet of side or rear property lines. All of the land area of the Olde Cypress PUD including that to be annexed to the Olde Cypress PUD is located within the Urban Residential designated area. The current Olde Cypress PUD was determined to be consistent with all applicable elements of the GMP. None of this consistency relationship is affected by adding approximately ten (9.3) acres of land. An action to rezone this property to a residential PUD classification is clearly consistent with the FLUE and the GMP. The density resulting from annexing this property to the Olde Cypress PUD without a commensurate increase in density results in an assessment that the action to rezone remains consistent with the Density Rating System. Actually, this rezoning action results in a reduction of density from its current 2.1 dwelling units per acre. Additionally, it should be noted that this property if developed on its own, would qualify for 40 dwelling units, therefore, it is possible to claim that this rezoning as proposed will result in up to 40 fewer dwelling units being built in this general area. That result further carries over on to related infrastructure and impacts on highway levels of service. Regarding an assessment of compatibility it should be noted that the property will become an integral part of the Olde Cypress golf course residential community. The property currently lies adjacent to a current Olde Cypress PUD on its west and north boundary, Opposite the property are the Gulf Coast High School and several residential projects, which will soon initiate development. Given these similar land use surrounding conditions the rezoning action is compatible with surrounding land uses. Revision to the Master Plan in which the current aqua driving range is converted to a residential tract with the current lake configuration (i.e. the aqua part of the driving range) retained will not affect any current residential tracts. The new residential tracts lie adjacent to golf course fairways. Therefore, no potential open space views from current residential tracts are affected. The Collier County Planning Commission heard this petition on May 4, 2000. Staff advised the Commission of concerns from owners of property that lie between the east and west legs of the Olde Cypress property boundaries along Immokalee Road. One of these properties owners attended the meeting who advised that likely conditions imposed by the U.S. Army Corps makes the extension of an access road from the east to the west impractical, because the road would have to be elevated above extensive drainage flow way. FISCAL IMPACT: There are no fiscal impacts attributable to the addition of approximately ten (10) acres of land to the Olde Cypress approved development order because the use of the land results in no additional dwelling units. The land will be sued to accommodate the relocation of the existing golf driving and practice range. Additional impact fees will not come about by merely changing the location of the existing driving range. A fiscal impact analysis was completed for the latest revision to the Olde Cypress Woods P.UD for the authorized levels of development. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no the objectives and policies of the GMP. 2 HISTORIC/ARCHAEOLOGICAL IMPACT: The added site 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: This petition was not reviewed by the EAC because the area to be rezoned did not rise to threshold levels which require an Environmental Impact Analysis. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-18(1) as described by the draft Ordinance for Adoption and exhibits there so, namely the PUD regulation and Master Plan. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-99-18(1) as described by the draft Ordinance of Adoption and exhibits there so, namely the PUD regulation and Master Plan. ~ARED ~.~ I~)NALD F. Nl~q~, XICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING/~VICES DEPARTMENT DIRECTOR VINCI~NT A. gCXUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUR-99-18(l) EX SUM MARY/md 3 DATE i ! ,..,. o ! -" , , ',.. i - ° AGENDA ITEM 7-0 TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL APRIL 17, 2000 PETITION NO: PUD-99-18(1) OLDE CYPRESS (COMPANION TO DOA-2000-02) OWNER/AGENT: Agent: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 10m Street South Naples, FL 34102 Owner: Olde Cypress Development Ltd. A Florida Limited Partnership 3620 Strand Blvd., Suite 1C Naples, FL 34110 (See application for specific ownership details) REQUESTED ACTION: This petition seeks to rezone approximately ten (9.3) acres of land from "A" Rural Agricultural to "PUD" Planned Unit Development which land will be attached to and become a part of the current Olde Cypress PUD. In addition certain modifications will be made to the PUD regulations to reflect the added acreage and to revise certain yard requirements. GEOGRAPHIC LOCATION: The Olde Cypress Woods PUD is located on the north side of Immokalee Road (C.R. 846) in Section 21, Township 48 South, Range 26 East. The added land area lies immediately east of the west entry road of the current Olde Cypress Woods PUD. (See location map on following page) 1 ~'URPOSE/DESCRIPTION OF PROJECT: This added land area is to facilitate relocating the current aqua driving range at the new site of approximately 9.3 acres. In this transition the current aqua driving range (i.e. land area and lake) will be converted to an additional residential building tract, although this does not constitute an increase in the authorized number of dwelling units. The net effect of the change to the Master Plan is that the residential land area will increase from 152.5 acres to 155.2 acres while total golf course open space area will increase from 161 to 168 acres. While unrelated to the fact that additional land is being added, the Master Plan is also being revised to terminate the eastern most road through the commercial tract at the preserve boundary thus eliminating crossing the preserve area. Additionally, the roadway going west across the commercial tract will facilitate access to individual properties lying between the two legs of Olde Cypress which extend to Immokalee Road thereby eliminating the need for an additional canal crossing, and access point to Immokalee Road. In addition to the changes caused by the additional acreage, a minor amendment is proposed to the Table III to allow pool enclosure structures to locate within five (5) feet of side or rear property lines. SURROUNDING LAND USE AND ZONING: Existing: Added Area: There are no new or changed relationships between the existing PUD and contiguous property. The added acreage (i.e. 9.3) lies contiguous to the existing Olde Cypress PUD on its west and north boundary. Surrounding: East COMP CONSISTENCY: To the east of the property to be rezoned, the land is vacant and zoned "A" Rural Agricultural. South- To the south the land lies contiguous the Immokalee Road canal and Immokalee Road. All of the land area of the Olde Cypress PUD including that to be annexed to the Olde Cypress PUD is located within the Urban Residential designated area. The current Olde Cypress PUD was determined to be consistent with all applicable elements of the GMP. None of this consistency relationship is affected by adding approximately ten (9.3) acres of land. 2 In terms of the added area itself the following consistency analysis applies: Land Use and Density - Since the intended use is for an accessory residential purpose this is consistent with its urban residential designation on the Future Land Use Map to the FLUE. Inasmuch as no additional dwelling units are being requested density for the Olde Cypress previously determined to be consistent is unaffected by the change. In fact the gross density will be slightly reduced from its current 2.1 dwelling umts per acre. o Traffic Element - This petition will not result in any additional impact on roadways because the rezoning action does not result in any additional dwelling umts or other increase in land use intensity. Therefore, an action to rezone additional land and amend the current Olde Cypress PUD does not give rise to any inconsistency with the TCE. Open Space/Natural Features Reservation - When the current Olde Cypress PUD was approved. required consistency thresholds for open space and natural vegetation communities preservation were exceeded by a considerable degree. The addition of approximately ten (9.3) acres makes no measurable impact on these consistency relationships. Other Applicable Elements - The added land will be developed through extension of county sewer and water utilities. Olde Cypress water management plan will extend into the added area all of which is under the purview of the S.F.W.M.D. That agency is charged with the permitting function. A permit is in effect for Olde Cypress thus requiring a permit modification for the added land area. S.F.W.M.D. approval is a prerequisite for subsequent action that is intended to allow commencement of construction. HISTORIC/ARCHAEOLOGICAL IMPACT: The petitioner's property is located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. The applicant has provided a Cultural Resource Assessment Survey that was prepared by Archaeological Consultants Inc. in 1997. The survey results indicate that no archaeological or historical sites were found within the subject site. As a result, the PUD Document shall contain the following information. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a 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. 3 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE ~' The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concerns. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. This petition was not reviewed by the EAC because an Environmental Impact Study was not required because the threshold for an EIS is 10 or more acres. ANALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the commumty's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a fact of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis of a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be in the opinion of staff. Staff review of each of the criterion is followed by summary conclusion culminating in a determination of compliance, non-compliance, or comp~!i~ance with mitigation. report. These evaluations are completed as separate documents and are attached to the staff Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advice as follows: Land Use and Density - An action to rezone this property to a residential PUD classification is clearly consistent with the FLUE and the GMP. The density resulting from annexing this property to the Olde Cypress PUD without a commensurate increase in density results in an assessment that the action to rezone remains consistent with the Density Rating System. Actually, this rezoning action results in a reduction of density from its current 2.1 dwelling units per acre. Additionally, it should be noted that this property if developed on its own, would qualify for 40 dwelling units, therefore, it is possible to claim that this rezoning as proposed will result in up to 40 fewer dwelling units being built in this general area. That result further cames over on to related infrastructure and impacts on highway levels of service. Regarding an assessment of compatibility it should be noted that the property will become an integral part of the Olde Cypress golf course residential community. The property currently lies adjacent to a current Olde Cypress PUD on its west and north boundary. Opposite the property are the Gulf Coast High School and several residential projects, which will soon initiate development. Given these similar land use-surrounding conditions we can easily state that the rezoning action is compatible with surrounding land uses. Given the amount of urban development taking place in this general area, the immediate availability of K thru 12 schools, and sewer and water utilities, the timing of this zoning action is clearly ripe. Traffic - The rezoning of the subject land will have no additional impact on levels of service unless one assumes that Olde Cypress under its current development strategy would not have achieved the level of development it was approved for (i.e. 1,100 dwelling units). However, the fact remains that the basis for analyzing this threshold relationship is the degree to which it represents an increase in density andJor intensity of land use. This petition does neither, therefore, it is consistent with the Traffic Circulation Element. From a traffic engineering point of view, no additional access is created with Immokalee Road. However, internal local road adjustments on the east leg of Olde Cypress over the commercial tract will result in the elimination of the preserve area crossing, and will provide an intemonnection with properties to the west that otherwise would require access from Immokalee Road. Infrastructure - This subject property enjoys a relationship to public infrastructure that is supportive of urban development. County sewer and water utilities are available to the property. This fact means that these public utility investments will be maximized by the development of land they are extended to serve, and conversely development of this land reduces the tendency to develop land that is not similarly invested with urban infrastructure. Immokalee Road will shortly be widened to four (4) lanes, and this too supports the timeliness of urban development. The property also enjoys a 5 ~pportive relationship to area wide drainage facilities by virtue of its contiguous relationship to the Cocohatchee Canal only recently improved as to capacity. Proposed Revisions To Current Olde Cypress Development Order - Essentially revisions to the current development order are insubstantial. By and large with few exceptions the amendments readopt the current Olde Cypress PUD inclusive of the annexed property. The same development standards will apply to the expanded area. This opportunity to amend the Olde Cypress PUD to allow screened-in pool structures to locate within five (5) feet of side and rear property lines is not precedent making. The standard is common to many quality residential PUD communities. Master Plan Revision - Revision to the Master Plan in which the current aqua driving range is converted to a residential tract with the current lake configuration (i.e. the aqua part of the driving range) retained will not affect any current residential tracts. The new residential tracts lie adjacent to golf course fairways. Therefore, no potential open space views from current residential tracts are affected. The internal street revision on the east leg of Olde Cypress affecting the commercial tract is positive from an environmental point of view because it will eliminate a proposed internal road crossing of a Preserve drainage flow way. However, a roadway further west and adjacent to Immokalee Road will be required to facilitate access to several parcels of land that lie between the east and west legs of ~-Olde Cypress. These parcels would otherwise have to be accessed from Immokalee Road, therefore ~e interconnect afforded through the commercial tract of Olde Cypress is a very positive result of this amendment. 6 STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-18(1) as 51~scr/bed by the draft Ordinance for Adoption and exhibits there so, namely the PUD regulation and 'MY ~ster Plan. ~ [E~D BY: 11 )(~ DA~F. NINO, AICP CURRENT PLANNING MANAGER ;~tEVIE~D BY: OBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition Number PUD-99-18(1) Staff Report for the May 4, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN G/ADMINS?LrD-99- 18( 1 ) STAFF REPORT,q~N/im 7 FINDINGS FOR PUD PUD-99-18(1) Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economies scale relative to public utilities, facilities, and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial road, all of which are well within the urbamzed area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road syst.:.'ms. Summary Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: (i) Evaluation not applicable. Summarv Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: None Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. The internal and external compatibility of proposed uses, which conditions may include .restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 2 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. Summarv Findinll: Timing or sequence of development in light of concurrency requirements is not a significant problem. (Additional response for projects that may require phasing or special mitigation because of degraded LOS conditions.) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary_ Finding: Ability, as applied in this context, implies supporting 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 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. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements g/admin/PUD-09-18( 1 )/Findings Ibr PUD/RN/im -3- REZONE FINDINGS PETITION PUD-99-18(1) Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing !and use pattern. Pro/Con: Evaluation not applicable. Existing: There are no new or changed relationships between the existing PUD and contiguous property. Added Area: The added acreage (i.e. 9.3) lies contiguous to the existing Olde Cspress PUD on its west and north boundary. Surrounding: East - To the east of the property to be rezoned, the land is vacant and zoned "A" Rural Agricultural. South - To the south the land lies contiguous the Immokalee Road canal and Immokalee Road. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Summary Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development (i.e. Longshore Lakes, Schools), support the timing relationship and justify revisiting the PUD and amending its development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Con: (i) Urban Mixed-Use Development may not coincide with residents desire to maintain a natural atmosphere. Summary Findinlls: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 2 o 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 developmtnt, or otherwise affect public safety. Pro: (i) Development of the subject property is consistent with provision of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. (iii) The goal of establishing a more traditional neighborhood with its own convenience services and recreational facilities should constitute a public benefit by discouraging external trips and therefore conserving highway capacity. 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. Summary Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. e x, Vhether the proposed change will create a drainage problem. Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirements. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under more severe rainfall event. 3 Summary Findings.'. Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con: (i) None Summan' 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. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con: (i) None Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. 12. 13. 14. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a ~ant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Summary Findings: The subject property is zoned Rural Agriculture "A" and "PUD" Planned Unit Development. To deny this petition would deprive the owner of any reasonable use of the property consistent with the goals, objectives and policies of the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15.. Whether is it impossible to find other adequate sites in the CounW for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findinlls: This site is zoned "A" Rural Agriculture and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findinlls: The site will be altered to the extent necessary to execute the development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. g/admin/PUD-99-18(1 )/REZONE FINDINGS RN/im 6 ORDINANCE NO. 2000- .~N ORDINANCE .-LMENT)ING ORDINANCE NIJM'BER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NLDeIBERED 8621N. 8621S AND 8622S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OLD CYPRESS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R.- 846) 1.3 MILES EAST OF 1-75, IN SECTIONS 21 AND 22. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. CONSISTING OF 538.1-* ACRES: PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-92. THE FORMER OLDE CYPRESS PUD; AND BY PROVIDING EFFECTIVE DATE. WHEREAS, Robert L. Duane, .MCP of Hole Montes & Associates. representing Olde Cypress Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINrED BY THE BOARD OF COUNTY COMMISSIONrERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zomng Classification of the herein described real property. located in Sections 21 and 22. Townshap 48 South. Range 26 East. Collier County,, Florida. is changed from "PUD" to "PUD" Planned Unit Development ~n accordance with the PUD Document, attached hereto as Exhibit "A". which is incorporated herein and by reference made part hereof. The Official Zonmg Atlas Map(s) numbered 8621N, 8621S and 8622S, as described in Ordinance Number 91-102. the Collier County, Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-92, known as the Olde Cypress PUD, adopted on December 14, 1999 by the Board of County, Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -2.- PASSED AND DULY ADOPTED bv the Board of County. Commissioners of Collier Count, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: TIMOTHY J. CONSTANTINE, CHAIRMAN MarJorie M. Student Assistant CounD' Attorney ~ adm~ru PUD-9O- 18(1 ~,'RN/ts -2- APPLICATION FOR PUBLIC HEARING FOR: PUD_I~tjZ.O.N~ Petition No: Commission District: Date Petition Received: Planner Assigned: ~0/--' General Information: Name of Applicant(s) ABOVE TO BE COMPLETED BY STAFF Olde Cypress Ltd., A Florida Limited Partnership Applicant's Mailing Address City Naples State Applicant's Telephone # (941) 596-4797 Name of Agent Robert Duane Firm Agent's Mailing Address 715 10~h Street South City Naples State Agent's Telephone # (941 ) 262-4617 5620 Strand Blvd. Suite 1 C FL Zip 34110 Fax# (941~ 596-9691 Hole, Montes & Associates, Inc. FL Zip Fax # (941) 262-3074 34102 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 PUBLIC HEARING FOR PUD REZONE - 02/2000 PAGE 1 OF 16 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address 7150 Olde Cypress Way Name of Homeowner Association: Mailing Address Olde Cypress Home Owners City Naples State FL Zip 34110 City State __ Zip Name of Homeowner Association: Mailing Address City. State ~ Zip Name of Master Association: · Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL. tenancy by the entireD', tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 02/2000 PAGE 2 OF 16 Do If the property is owned by a CORPORATION, list the officers and stoc 'kholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock 35°1 Go If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC }tEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF ~ 6 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Nameznd Address, and Office . Percentage of Stock 33°lo TtoC_t If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Perceniage 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 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, stoc 'kholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC itEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 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 P?.cen~tag_e of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property. is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general anWor limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the-contract purchasers below, including the officers, stockholders,-beneficiaries, or parmers. Name and Address Percentage o£Ownership APPLICATION FOR PUBLIC HEARING FOR PU'D REZONE - 10/98 Date of Contract: ~BAGE 3 OF 16 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 Off-me Percentage of Stock Go If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partn,crs. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals. a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below', including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 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 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below', including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 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 Dffice Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTILa~CT 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 APPLICATION FOR PUBLIC ttEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF, 16 So 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 og t ck If the propert>, is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of lnterest 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, w4th 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address 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 eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: L PAGE 3 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. N..~e and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest 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 Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or parmers. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 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 Perce...~.ntage of Stoc. k Go If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC }lEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address 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 If there is a CONTRACT FOR PURCHASE, ~4th an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC ttEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 Do If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the propert3' is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage. of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of lnterest 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 CONTIL~CT FOR PURCHASE, with an individual or individuals. a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below', including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership .APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Date of Contract: PAGE 3 OF 16 If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address parties, 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 and date option Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six 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: 21 & 22 Township: 48S Range: 26E Lot: Block: Subdivision: Plat Book: 32 Page #: I-11 Property I.D.#: 186200009 Driving Range 00185640000- Development 00185440006 - Golf Course 00188000003 - 30 Acres Metes & Bounds Description: Size of property: ±6.000 ft. X +5,700 fl. Address/general location of subject property: 1.3 Miles east 1-75 See Attached Legal Description = Total Sq. Ft. 234,352,800 Acres 538.1 North Side of Immokalee Road, APPLICATION FOR PUBLIC 1tEARl[NG FOR PUD REZONE - 02,r2000 PAGE 4 OF 16 Adjacent zoning and land use: Zoning Land use N PUD Golf Course S A Vacant E A Vacant W PUD Maintenance Facility, Does the owner of the subject property own property. contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: n/a Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the PUD and A zoning district(s) to the PUD zoning district(s). Present Use of the Property: 9.3 Acres - Vacant Proposed Use (or range of uses) of the property.: Golf Driving Range APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 02/2000 Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PAGE 5 OF 16 A FFIDA VI T We/I, '~e..rlf_~. "1-'~o~ being first duly sworn, depose and say that we/l am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/I further authorize '~'~~( a sour/myrepresentativeinany m attersregardingth Signature of Property Owner Sigpature of Property Owner to act Typed or Printed Name of Owner Typed or Printed Name of Owner -The foregoi.~ instrument was acknowledged before me this 31Dr- day of ~7D~tEi ~[ l~k~,'by' ~FlCe__ ~C ~ ~ who is personal¢ kno~ t~ me or has produce~ ~ as identification. State of Florida County of Collier APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) PAGE 16 OF 16 AFFIDAVIT It/e/I, ~ bO3 JC..-~tSB~i "~Or(_ILt being first duly sworn, depose and say that we/l am/are the owners of the property descltibed herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Asproperty owner We/Ifurther authorize'~.~[ ~ ~x~~r)~,..~ r~(~l~t to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoin ,~strumentAvas acknowledged before me this 3J5I- day b924~, by ~ ~ V&~ [ ~rc~ who is personally ~own to me or has produced ~ j e~ as ident~tcation. State of Florida County of Collier (Signature of Notary Public - State of Florida) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 (Print, Type, or Stamp Commissioned Name of Notary Public) ·/,;or; PAGE 16 OF 16 AFFIDAVIT We/I, ] '? t~ ' ~- _5 ," ',- being first duly sworn, depose and say that we/I am/are the~owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I underst~nd 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 Aspropertyowner We/Ifurtherauthorize~.. ~ ~ ~2~13P_ ~ ~t~[~Of toact as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument wasacknowledged before me this 31St- day of .~tqtagie~[ J~:~, by ~Gr~ ~ [ ~ who is personal~F ~own to me or has produCed ~1~ as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) ('Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16OF16 A FFIDA VI T am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/J further authorize '~'~~~ ~Galqe.. as our/my representative in any matters regarding this Petition. to act Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~ I~j~ day , ~ by ~.J(~4Z~ ~d~CS~tt9 w. ho is brsonall~'me or h ia~s produccel as identification. State of Florida County of Collier ~S/g~l~u-re of N'~ta~ Public- State of / ][ldrida) (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16OF16 AFFIDAVIT We/1, ~'c.%h}4 %_C3~V'F.. being first duly.sworn, depose and say that we/I am/are the owners of the properry described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest informalion, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As properry owner We/I further authorize -'-~~'~ ~_"~Oafle_ (~ Prl'Yl~k.. to act as our/my representative in any matters regarding this Petition. Signature of Properry Owner Typed or Printed Name of Owner S i gna~~o#~rry Owner Typed or Printed Name of Owner The foregoing~ instrument was acknowledge ~ OQ~'O-dgr' , by %d0/4~ /= ,2'xO<1 ~ ~ is:v_persona ll y ~ t~ o~s produced as identi~a;ivr~- State of Florida County of Collier ('Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 OF 16 .4 FFIDA ~I T We/I, [~I{~ITI ~J°l~' ~'C being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/I further authoriz,~L~ as our/my representative in any matters regarding this Petition. to act Signature of Property Owner Stgnaturl of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of , 19 , by who is personally known to me or has produced as identification. State of Florida (Signat-'~re of Notary Public - State of County of Collier Florida) . r--xp 6:29,2001 . . -,,c~..~.s (Print, Type, or Stamp Commissioned ~. : Name of Notary Public) APPLICATION FOR PUBLIC ItEARING FOR PUD REZONE - 10/98 PAGE 16OF16 A FFIDA VIT We/7, ~ tC..k.. ~ht_OOaf-d being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has. been submitted As property owner We/I further authorize '~00e.[~ uan . as our/my representative in any matters regarding this Petition. Signature of Property Owner t4 m sightS, re to act Typed or Printed Name of Owner Typed or Printed Name of Owner ~ The foregoing instrument was acknowledged before me this .3'/svz day of ~.~o~zc,~,,- ~ know~__w_~n to me ~r has produced lzgaceq, by re', ~:~ 5h ~,~2l¢ rffho is~al!y ~ ' as identification. State of Florida County of Collier ~Notar(y-Public - State of (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16OF16 AFFIDAVIT We/1, ~'FOfl~,. ~)ofe~'Jl'iO being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize'~obe,.¢+' ~)~r'l ~ as our/my representative in any matters regarding this Petition. to act Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoi~ instrument was acknowledged before me this o~ day Pt~ by tw-61n~ '~3~.~c> who is personair. own to me or hag produced~ as identification. State of Florida (Signature of Nota~ Public - State of 11 (Print, Type, or Stamp Commissi~e~ Name of Nota~ Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 OF 16 ,~? AFFIDAVIT We/], '~-J~C) '~u.~',~q,~, being first duly sworn, depose and say that we/l am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize "-'~.v as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner ~PI'J2L. to act Typed or Printed Name of Owner The foregoin~g instrument was acknowledged before me this 31 ~ day of ~7~, c3t~6i ?tI , d-9'-ex-~7 by ~. L. ~o~%~ 3 r . who is personall~ ~;~ me or has produced ~ i ~ as identification. State of Florida (Signature of Nota? Public - State of Coun~ of Collier Florida) MY COMMISSION # CC 812680 Ii il :k j. EXPIFIES: Febma~/28, 2003 II (Print, Type, or Stam/) Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 OF 16 A FFIDA VIT We/1, ~'~.~...~t ~". ~.e~ o~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted, As property owner We/I further authorize'~C2~_{"+.. ,o ~ as our/my representative in any matters regarding this Petition. Signature of Property Owner of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~[ ~'T-_ day of ~ ~)°a~by ~'-a,x ~ ~. ~'c idc,~-'who is personalip kTtown to me or has produced' as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or ~tamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 OF 16 AFFIDAVIT We/I. Q.,t~ ~ff~ 13 ~&~, (, being first duly sworn, depose and say that we/I am/are the owners of the properry described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize ~ e... '~ '~YI~.~ 0 act as our/my representative in any matters regarding this Petiti~ Signature of Properry Owner Sign~Properry Owner Typed or Printed Name of Owner Typed or Printed Name of Owner State of Florida County of Collier The foregoing instrument was acknowledged before me this ~1 ~ day of ~r~t,u2 c,.1 , [.~ .~, by '~ ~c.. IW'~ ~ 3 ~a:i^ic.~, who is person~ me or has produced K) [ ~r as identification. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16OF16 AFFIDAVIT We/I, ~oh}4 C~e_~-[2~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/] understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize '~12~,.f'~ B[.)~O~ ~ ~rlTl~ to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner b~operty Owner Typed or Printed Name of Owner The foregojBg instrl~ment was acknowledged before me ,his._~l &f- day o~ ~ ~?by ~/2~~6- who is pe__.~.~rsonall¥ known to me or has produced tk3 ~ ~ as identification. State of Florida (Signature o?~Notary Public- ~tate of County of Collier Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 OF 16 AFFIDAVIT We/I, bQM ~('~.,~ b,[ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. .4s property owner We/I further authorize "~_C'~Dt't'~ [N'5~'~ k~-~ ~"1~-~ to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Sig~nat-ure of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner State of Florida County of Collier - ~ The foregoin~instrument was acknowledged before me this ._~1 __. day 2~?0oz, by L.,~.~ who is personally known to me or has producedO k; [~lr as identification. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 16 OF 16 This instrument prepared by and after recording return to: Leo J. Salvatori, Esq. Quades & Brady, LLP 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 SPECIAL WARRANTY DEED This Indenture, made this ~ day of ~-A~/~/'" , 1999, between ALBERT K. KOZAR a/k/a ALBERT KOZAR and MERILYN A. KOZAR, husband and wife; and FRANK C. FISCHER, WILLIAM L. BOEHM, 'and BERNARD G. SNYDER, SANDRA L. SLOVICK, GRANTORS, and OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited parmership, whose tax identification number is 65-0867395, and whose post office address is 5645 Strand Blvd., Naples, FL 34110, GRANTEE. Witnesseth that said Grantor, for and in consideration of the sum ofTEN DOLLARS, and other good and valuable consideration, to said Grantor in hand paid by said Grantee the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantees heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida. The East 1/2 of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida ; less and excepting the Southerly 100 feet thereof. This Deed is an absolute conveyance and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under said Grantor, but against none other. In Witness Whereof, the Grantor has hereunto set Gramors hand and seal the day and year first above written. Signed, sealed and delivered in our presence: I /' AIaB~T)k KOZAR ~,/.k/~LBERT KOZAR (Prim name/address) QBRAP\192842.1 (Print name/address) &. ,/, COUNTY OF "',?,/';, ..f q_L/ l // ,~z,~.',,?. The foregoing instrument was acknowledged before me this [ day of /.v~~-' (7 ..- , 1999, by ALBEP,~TiK. KOZAR a.,/k,/a ALBERT KOZAR, who is personally known to me or has presented My Commission Expires: LOF FlCI,AI., NOT^R¥ $1/AL Tn~OTHY P, o~.~ow i NOTARY PUBLIC STAT£ OF COMMISSION NO. CC713fi9~ MY COMMIF, SION EXP. FEB. ,1.2,~2 QSRAP\192842.1 (Print name/address) Wi/~gss//2 'e'cl~" ~ ~/a~,/ (Print name/address) (Print name/address) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 1999, b~u~gMERILYN A,.J~OZAR, who is My Commission Expires: ,: ......:T:,':~.--..-', '".'.',T.'7~:':'~.7, ' ...... ~ 'D-'-;".", ! 7: :. 3,:2; ,.,'. ~N [ZFa'&: Y ;' [ 5::: [ -~,Z 3'7..\T ::.: .:: :.: .:, ' . Z...-. i CGM?,';i: 5!.'.7'.'-~ k~C; CC' ..' '" <,. :7',:i,(5~.,':q',:?'.2 ~ '..". k'h.,· /' day of persona)ly/known to me or has presented NO~RY PUBLIC~ ' (SEAL) (Print name/address) QBNAP\192842.1 Wireess #1 l..e.:,--,= ¢ '7"/.;, ',~. ',l~d ~ d c-I ....¢ (P~:int name/address) / ,h __s'77. Witness #2 ~,e J~- (Print name/address) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ay of 1999, by FRANK C. FISCHER, who is personally known to me or has presented My Co~ission Expires: ~~~.~~ ~OT~ ~U~L~C ~ (SEAL) ........ · ....... ~- ~ 7 '.': L'?:'.Z ~?:;:¢~2 6~Z :7, ..~ ........,.,,. .....,.,, ,. ........, ..~¢¢///¢ t: .......... -' ,, ---~ ¢rint name/address) QBIqAP\192842.1 Witness #1 . C~,",-C c.,/. /'7'"~',~ ~.-h'~-.- 5 /g"-- (Print name/address) WILLIAM L. BOEHM (Print name/address) /* · ~r ~ Witness #2 (Print na/fieladdress) Joyce Mays, Notary Public ees Rocks Boro, Alleg~ny County Commission Expires Oct. 5, 2~0 M~mh~r ?~r~9~~'"'~,' ...... ~"*'~' ~ "' ...... STATE OF ~ ~r,$ x.;,4-. COUNTY OF The foregong i~ment was ac~owledged before me ~is ~.~y of :~ O ~, , 199~, by WILLI~ L. BOEHM, who is personally ~own to me or has presented My Co~ission Expires: ~ NOTA~UB~C (SEAL) Lt_~ ~-~ (~[m ~ame/~d~ess) QBNAP\192842.1 fi\c,C4c, fLa( (Print name/address) Witness #2 (Print name/address) BERNARD G. SNYDER (Print name/address) STATE OF COUNTY OF ~ The foregoing i~tmm~nt was ac~owl~dg~d b~fore day of 1999, by BE~A~ G. SNYDER, who is p~rsonally ~own to m~ or My Co~ission Expires: O ~ ~ NOT~Y]P~BLIC Nolar~&l Seal Joyce Mays, Notary Public McKees Rocks Bore, Allegheny County has presented (SEAL) (Print name/address) Witness #1 (Print name/address) SANDRA L. SLOVICK . ~rvp~.r4 /--- '2 / .~"/-, k* t~,~- J.-~.-~.- DR. (Print name/address) Witness//2 (Print nameaddress)/' STATE OF 9,~'-v,.J COUNTY OF The foregoing instrument was acknowledged before me this 19~9, by SANDRA L. SLOVICK, who is personally / y'o ~ ~,/.~? ~ of /~ro c4 , known to me or has presented My Commiss;!on Expires: Joyce Mays, Notary Public ',':,'Kees Rocks Boro Alleghen Coun NOT/AffiYpUBLIC (SEAL) lPrint name/address) AGENDA ITEM --' MAY 2 3 2000 QBNAP\192842.1 i MAY- 4 ~000 May 03 O0 10: 1Sp Ben~tez Home Dnv 303 321 7260 p. 1 Alice Benitez 70 Eudora Street Denver, Colorado 80220 303-321-7204 May 3, 2000 Via Facsimile: 941-643-6968 (Total Pages = 2) Mr. Ronald Nino Current Planning Manager Collier County Government Community Development and Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, FIodda 34102 Dear Mr. Nino: I own property on Immokalee Road, which will be directly affected by any decisions made by the Collier County Planning Commission on May 4, 2000. I am wdting to you in response to the notice we received regarding the public hearing tomorrow concerning the request by Olde Cypress Development Corporation to make amendments relative to its interests in and around the Olde Cypress Planned Unit Development community. The request proposes to add a golf course driving range and to make additional changes 'brought on by the use of the added land and other changes" relative to setback requirements and other issues related to property located on the north side of Immokalee Road. As a landowner on the north side of Immokalee Road, I am very concerned that the Collier County Planning Commission carefully considers the impact of any actions on the existing private landowners in this area, and specifically any actions that would affect access to and use of this pdvate property. PIs~ 03 O0 10: 161o Benitez Home Dnv 303 327. 72~;0 p. 2 Mr. Ron Nino May 3, 2000 Page 2 In my discussions with officials in the County government relative to the proposed amendment, it has become apparent that one of the primary issues here is the location of a bddge or bddges designed to provide access to the private parcels (including my property) located on the north side of Immokalee Road, as well as the cdtical location and odgination of the access road to these properties. I further understand that there are several options available, taking into account the legal responsibility of the County to provide reasonable access to and unrestricted use of private property in this area. I am particularly interested in ensuring that any actions taken by the Collier County Government will not in any way prejudice my right to unrestricted access and full use of my property. I strongly object to any decision, which does not unequivocally protect these legal rights. Please be advised that merely providing the right to build a road, without the concomitant commitment that such reasonable construction can legally take place and will be authorized by the necessary governmental entities, does not provide adequate assurances for me to approve of the matter now before the Commission. In the absence of a specific proposal outlining very cleady how access to my property will be provided, and how my use of that property will be protected, I will strongly object to any amendment to the PUD. I look forward to receiving more information. Thank you for your consideration of my views on this important matter. DON R. LIVINGSTONE, ESQ. Attorney at Law 7711 S. W. 62 Avenue, Ist floor South Miami, FL 33143 Telephone 305 665-1821 Fax 305 284-0464 March 24, 2000 Mr. Ronald Nino, Planning Mgr. Collier County Gov't Planning 2800 North Horseshoe Drive Naples, FL 34104 Svcs. Re: Project #PUD 99-18 (1) , DOA-2000-02 Olde Cypress PUD Dear Mr. Nino: I represent Roy and Peggy Custer, and I think my comment~ also reflect the consensus of three (3) other similarly situated out-parcel property owners all drastically impacted by the zoning change requested in the captioned PUD and DOA. Approval of the proposed rezoning would eliminate ingress and egress, and isolate four (4) parcels consisting of 64.75 acres in the South half of Section 21, Township 48 South, Range 20 East. This situation is graphically shown on the enclosed map. Regina Jones, the owner of 9.25 acres (tract 30); Tom and Budd Fontana, the owners of 9.25 acres (tracts 31, 26.1 and 26); Roy and Peggy Custer, the owners of 18.5 acres (tract 14); and Alice and John Benitez, the owners of 27.75 acres (tracts 11 and 25) would be land- locked with 2,310 feet of frontage on the Cocohatchee Canal and Immokalee Road right-of-way. There is a consensus among these out-parcel owners that this problem can most reasonably be solved, and in the best interest of all affected, including the applicant, by an east-west access road on the South line of this section parallel to the Cocohatchee Canal. This will provide the otherwise landlocked parcels with access to the Logan Road Mr. Ronald Nino, Page two March 24, 2000 Planning Manager Extension, a county road with a bridge. From this county road the access would go through the 9.3 acres that is the subject of the Olde Cypress PUD and DOA now under consider- ation. This 60-foot east/west right-of-way proceeding 2,310 feet parallel to the Cocohatchee Canal right-of-way will provide necessar~ access to the four affected out- parcel owners previously identified. In addition my clients request access to the east to join the proposed 60-foot right-of-way with the county-approved 15 acre commercial district where it will tie in with a traffic signal and bridge. The now-proposed road within the commercial district who appear to be a dead-end cul-de- sac ~butting the Benitez acreage which is parcel 25 on the enclosed map. The point of abutment is feet north of the canal right-of-way, together with sewer, water, electric utilities are available at this point. to the out-parcels by designation of this right-of-way will eliminate the need additional bridges to give the impacted Immokalee Road. approximately 270 and road access and communication Ingress and egress 60-foot east/west for four (4) owners access to Accordingly, my clients request favorable consideration by the Collier County Planning Manager, Transportation Manager and Commission of this request for approval of an east/west 60-foot right-of-way. This right-of-way will provide maximum access to the presently landlocked parcels over 2 bridges that are already in place with a minimum of additional roads or bridges. Thanking you for your consideration, I am its Enclosure cc: Roy Custer D~N R.~SincerelvL ,~ Attorney for Roy & Peggy Custer, owners of tract 14 ORDINANCE NO. 2000- AN ORDINANCE ,AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE L,'NINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8621N, 8621S AND 8622S BY CHANGING THE ZONING CLASSI]qCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OLD CYPRESS, FOR PROPERTY LOCATED ON THE NORTH SDE OF IMMOKALEE ROAD (C.R.- 846), 1.3 MILES EAST OF 1-75, IN SECTIONS 21 AND 22, TOWNSHIP 4.8 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 538.1+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE Nq_YMBER 99-92, THE FORMER OLDE CYPRESS PUD: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane. AICP of Hole Montes & Associates, representing Olde C' Development Corporation, petitioned the Board of County Commissioners to change the z~ classification of the herein described real property. NOW THEREFORE BE IT ORDAINrED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property. located in Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document. attached hereto as Exhibit "A". which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 8621N, 8621S and 8622S, as described in Ordinance Number 91-102, the Collier County. Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-92, known as the Olde Cypress PUD, adopted on December 14, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida. this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marj~)n~l. StUdent ' Assistant County Attorney BY: TIMOTHY J. CONSTANTINE, CHAIRMAN G:/admin/PUD-99-18(1 )/RN/~ OLDE CYPRESS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibit A PREPARED BY: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 DATE ISSUED: ( DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: ORDINANCE NLrMBER: December 28, 1999 HMA File No. 1998152 TABLE OF CONTENTS SECTION Statement of Compliance SECTION I!, Property Ownership & General Description 2.01 Introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description SECTION III, Project Development 3.01 Purpose 3.02 General Plan of Development 3.03 Wetlands 3.04 General Land Development Regulations SECTION IV, Land Use and Regulation 4 01 Purpose 02 Project Plan & Land Use Tracts 03 Project Density 04 Sequence and Scheduling 05 Recreational Facilities and Schedule 06 Native Vegetation Retention 07 Common Area Maintenance SECTION V, Golf Course 5.01 Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & Wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 Treatment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII, Residential 7 01 Purpose 7 02 Maximum Dwelling Units 7 03 General Description 7 04 Permitted Uses and Structures 7 05 Development Standards 8 01 Signs as Permitted SECTION VIII, Community Shopping & Business Office Center 8 01 Purpose 8 02 Permitted Uses & Structures 8 03 Minimum Yard Requirements 8 04 Building Separation 8 05 Minimum Floor Area of Principal Structures 8 06 Maximum Height PAGE I-i iI-I III-t !V-1 V-1 VI-! VII -1 VIII-! 8.07 Minimum Off-Street Parking & Off-Street Loading Requirements 8.08 Minimum Landscaping RequiremenUs 8.09 Signage 8.10 Site Development Plans 8.11 Development Intensity 8.12 Architectural and Site Design Standards 8.13 Standards for Personal Self Storage Centers SECTION IX, General Development Commitments 9 01 Purpose 9 9 9 9 9 9 9 9 9 9 9 9 9 02 PUD Master Development Plan 03 Clearing, Grading, Earth Work & Site Drainage 04 Utilities 05 Solid Waste Disposal 06 Recreational Facilities 07 Traffic Improvements 08 Streets 09 Exceptions to County Subdivision Regulations i0 Polling Places 11 Environmental Stipulations 12 Water Management Stipulations 13 Fire Station 14 Archeo!ogical Resources PAGE VIii-3 IX-1 EXHIBITS A. PUD Master Plan B. Property Description C. Roadway Sections D. Entry Monument SECTION i STATEMENT OF COMPLIANCE This development of approximately 538.1 acres of property in Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida, as a Planned Unit Development ~o be known as OLDE CYPRESS will comply with the planning and ieveiopment objectives of Collier Coun5y as set forth in the Collier County Comprehensive Plan. The residential and commercial aspects of the development, together with associated recreational facilities, will be consistent with the growth policies and land development regulations of the Comprehensive Plan, Future Land Use Element and other applicable documents for the following reasons: 1. Project development will be companible complimentary to the surrounding land uses. with and 2. The Project shall comply with the applicable zoning and other regulations. 3. The Project shall utilize' natural systems for water management, such as existing drainage areas and environmentally sensitive areas in accordance with their natural functions and capabilities. 4. The development areas are being well separated from the environmentally sensitive areas and the value and functions of the environmentally sensitive areas will not be unduly or adversely affected by the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density cf 2.1 residential dwelling uni%s Der acre for OLDE CYPRESS, therefore, is consistent with %he Cci!ier County Growth Management Plan density rating system. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 7. The project will be served by a full range of services, including sewer and water by the County resulting in' an efficient and economical expansion of facilities as required in Policies 3.iH and 3.1L of the Future Land Use Element. 8. The project contains land uses and densities which make SECTION i PAGE ! it som~a~ible with and somplemen~ary to adiasen~ existing ~ ~ , _ . _ ~u~._ Land Use future ±an~ uses as required hy Policy 5 ~ of ~he ...... Element. 9. The inclusion of personal storage facilities in the commercial component of the projecn may be found consistenn with Policy 5.1 of the Future Land Elemenn of the Collier Counuy Growth Management Plan because this use will result in a reduction in development intensity. !0. The inclusion of 28.68 acres into the OLDE CYPRESS along the eastern edge of the pr'oject as part of the 1999 Notice of Change to the DRI with no increases in the number of residential dwelling units may be found consistent with the Collier County Growth Managemen5 Plan because the proposed density of 2.1 dwelling units per acre is consistent with the Density Rating System of the Future Land Use Element which permits up to four {4) dwelling units per acre in the Mixed Use Urban Residential Area in which the subject property is located. i!. A 2.1 acre preserve area is incorporated onto the PUD Master Plan, along the eastern edge of the project, to preserve archaeological arSifacts pursuant ~o %he requirements of Sectidn 2.2.25.8.1 of the LDC. 12. The inclusion of 9.3 acres into Olde Cypress for additional area for a golf course driving range to serve the needs of project residenss and increasing the area available for residential deve!opmen5 from 152.5 acres to 154.1 acres with no increase in residential dens!ty may be found to be consistent with Collier County Growth Management Plan. SECTION ! PAGE 2 SECTION II PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.0i iNTRODUCTiON ?~ND PURPOSE It is the intenm of mhe owner to establish and develop a Planned Unit Development on approximately ~38.1 acres of proper5y located in Collier County, Florida, on the north side of immokalee Road (C.R. 846), approximately 1.3 miles east of 1-75. it is tke purpose cf this document ~o provide the required detail and dasa concerning the developmenu of %he property. 2.02 NAME The development shall be known as OLDE CYPRESS. 2.03 LEGAL DESCRIPTION See antached Exhibit 2.04 TITLE TO PROPERTY The property is owned by the Olde_ Cypress Development LTD, a Florida Limited Partnership. 2.05 GENERAL DESCRIPTION OLDE CYPRESS is a Development of Regional Impact, consisting of 538.! acres, located on the north side of immokalee Road (CR 846), immediately east of Longshore Lakes PUD and approximately one mile west of CR 951. The project consists of a mix of residential uses, limited commercial uses, an eighueen (18) hole golf course, and subsnan~iai areas of open space and preservation areas. SECTION II PAGE 1 SECTION III PROJECT DEVELOPMENT 3.0i PURPOSE The purpose of this section is to generally describe Uhe project plan of the dove! F ~ o~m .... and delineate the general conditions that will apply to the entire project. 3.02 GENEP_AL P!JLN OF DEVELOPMENT The general plan of development of OLDE ,CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities, bicycle and jogging trails and preserve areas. 3.03 WETLANDS The applicant recognizes the importance of nhe wetland areas. The applicant also recognizes the importance of setting aside and 'not' developing ~hose areas and other areas, which are environmentally sensitive. The applicant has utilized the besu engineering, environmental and planning techniqfues to integrate uhe needs of the future residents of the community and ~he public interest in planning its careful and limited use of environmentally sensitive areas. This plan offers ample open space and other amenity areas to ~he residents. 3.04 General Land Development Regulations The following are general provisions applicable to the PUD Master Plan: Regulations for development of the OLDE CYPRESS PUD shall be in accordance with %he contents of this documenT, the PUD-Planned Unit Development District and other applicable secsions 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 P~/D as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. SECTION !II PAGE 1 m o C o m o Unless otherwise noted, lhe definitions of all norms shall be the same as ~he definitions set fornh in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the deveiopmen~ of ~he OLDE CYPRESS PUD~ shall become par~ 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 ~he 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 P~-D remain in full force and effect. SECTION III PAGE 2 SECTION IV LAND USE AND REGULATION 4.01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4.02 PROJECT PLAN & LAND USE TRACTS The project plan, including street layout and land use, is iljustrated in Exhibit "A", "PUD Master Plan". Included is a schedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography, vegetatzon and other site conditions. 4.03 PROJECT DENSITY The total acreage of OLDE CYPRESS is approximately 538.1 acres. The maximum number of dw~iling units to be built on the total acreage is 1100. The number of dwelling units per gross acre is approximately 2.1. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property; however, it is estimated that total build-out will take approximately seventeen to twenty years. The estimaSe may, of course, change depending upon future economic factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. i. Clubhouse and Golf Course with 18 holes., tennis and related country club facilities (125.14 acres); 2. Swimming pool; SECTION IV PAGE 1 3. Bicycle paths and sidewalks; 4. Nature trails; 5. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits; and 6. Parks (3.9 acres minimum) . 4.06 NAT!%l ~EGETATION RETENTION Pursuant to Policy 6.4.7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for ~he project, which are twenty-five (25) percent of the gross land area, are deemed to be satisfied by the 176.2 acre preserve, park and wildlife sanctuary, depicted on Exhibit "A" of the general plan of development for OLDE CYPRESS. 4.0,7 COMMON AREA F~AiNTENANCE Common area maintenance, inciu~ing maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a Property Owners' Association. TABLE ! OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING L~iTS RESIDENTIAL ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.)* GOLF AND COUNTRY CLUB, LJIKES AND OPEN SPACE LAKE/PRESERVE AREA WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY *See also Section 8.13 of this Ordinance. 1,100 Units 154.07 Acres 12.5 Acres 169.4 Acres 2.1 Acres 176.2 Acres SECTION IV PAGE 2 SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designaned on Exhibit "A", "Developmenu Plan", as Golf Course. 5.02 PERMITTED USES AL~ STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted PrinciDa! Uses and Structures I. Golf Course 2. Golf Clubhouse and Country Club 3. Water Management Facilities 4. Guest Suites B. Permitted Accessory Uses and Structures 1. Pro-shop, practice driving range, and other customary accessory uses of golf courses or other recreational facilities. 2. Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktaii lounges, and similar uses intended no exclusively serve patrons of the golf and country club or ouher permitted recreational facilities. 3. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. Tennis and other racquet spor~s courts. Maintenance shops and equipment storage. Non-commercial plant nursery. SECTION V PAGE 1 C. General Requirements !. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of ' ~ ouster areas. 2. Buildings shall be see back a minimum of fifty (50) feet from abutting residential districts and twenty-five <25) feet from tract boundaries except commercial areas and the see back areas shall be landscaped and maintained to act as a buffer zone. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direc5 glare or o5her interference. a. Maximum Height Fifty (50) feet above the finished grade of the lot. b. Off-Street Parking The off-street parking will be as required by the Collier County Land Development Code. c. Off-Street Parking Landscaping Landscaping shall be provided as required by the Collier County Land Development Code. d. Storage of Toxic Substances Storage oi substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. 4. Guest Suites a o The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is eleven hundred (1100) units. SECTION V PAGE 2 The minimum uniu size shall be six hundred (600) square feet. The Guest Suites may be attached to or denached from the Club House and are available for only residents or their guests. The maximum height shall be thirty-five (3=) feen if detached from the Club House, and fifty {50) feet ~ 'contained within the Club House. SECTION V PAGE 3 SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6.01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such cn Exhibi~ "A". 6.02 FrJNCTION The primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of waner during rainy seasons and a groundwater recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure of project residents. 6.03 TREATMENT USE The treatment of these areas shall be the preservation and protection of flora and fauna with the' exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another objective will be to prohibit vehicles and construction equipment, unless specifically approved by the Development Services Director for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaleuca, Schinus, and others in accordance with environmental permits and Division 3.9 of the Land Development Code will be required. A maintained water management system that meets the requirement of agency permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio-physical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may be revised and/or updated for further details.] SECTION VI PAGE ! The final desisn and location of roadways and wauer management berms crossing envi~ = ~-1~, =onm~n~=_,y sensitive areas shall be ..... S_.~=c_s Direc!or, aperoved by the County Engineer Deve!oDment ~ ~ o~her appropria~ County ieDarlmenus and o~her ~'~ ~-~ _ age ..... s. =.C'4 PE~{!TTED USES ~ND aTRu~,URmS No building or strucuure, or part thereof, may be erecued, altered or used, or land or wauer used, in whole or in part, for other than the following: Permitted Principal Uses and Strucsures !. Limited access roads. 2. Nature trails and pedestrian and golf cart boardwalks. . rains aria bridces to ~rovide access from nhe u~ianis uhrough the area. 4. Water managemen~ fa'cilities. 5. Other facilities for recreanion, conservauion and preservaUion when approved by Uhe Developmenu Services DirecUor. 6 . 05 REGU! A. General !. All developmenu including clearing, grading and/or other earth work shall be in accordance wi~h Ehe commitments in Secuion iX of this documenu and approved by Uhe Development Services Deparument. 2. All sUructures or other development shall be subjecz -~o receip~ of necessary permits and auUhorizations from applicable County, S~a~e and Federal Governmental agencies. SECTION V! PAGE 2 SECTION VII RESIDENTIAL LAND USE DISTRICT 7.0i PURPOSE The purpose of this Secuion is %o idensify perminted uses and development standards for areas within OLDE CYPRESS designated on Exhibit "A", uhe Prsll Master Plan, as "R". 7.02 YJeXiMI/M DWELLING L~iTS A maximum number of !,100 residential dwelling units may be constructed on lands designated "R". 7.03 GENEF~L DESCRIPTION Areas designaued as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling %ypes and compauibie non-residential uses, a full range ef recreational =ac==_=.es, essential services, and customary accessory uses. The approximate acreage of ~he "R" District is indicated on the P%~ Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respecuively~ of the Collier Counny Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residenuial areas. 7.04 PERMITTED USES .AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses & Structures: 1. Single family detached dwellings. 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit'tyTes with marketing descriptions of single family attached, duplex, patio, cjuster attached, cjuster detached, villa attached or detached, townhouses and zero lot lines are permitted. 3. Water management facilities. SECTION VII PAGE 4 Parks, eden spaces and o%her recreat~ -~ · _ . _~n=~ cuEdocr facilities. 5. Multi-Family Dwellings including Garden Apartments. 6. ~ny other principal use which is comparable in nature with the foregoing uses and which the Development Services Direcuor deuermines to be compatible in the "R" District. B. Accesser}, Uses and Structures: i. Accessor~ uses and structures customari!y associated with principal uses permitted in this district. 2. Model homes and model dwelling units in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model. 3. Temporary sales facilities for the initial sales of units for a specific projecn as oermitted by the Collier Counny Land Development Code in effect at the time building permits are requested. 4. Tennis courts, handball and raccfue~ball cour5s, swimming pools, shuffleboard courts and other similar facilities. 5. Signs as permitted by the Collier County Land Development Code in effect at the time a building permit is requested. 6. Any onher accessory use which is comparable in nature with the foregoing uses and which the Development Services Direcuor determines to be compatible in the "R" District. 7.05 DEVELOPMENT STAArDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards~ heights, and floor area standards apply to principal structures. C. Development standards for uses not specifically set forth in Table II shall be established during Site Deveiopmen5 Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. D. In the case of residential structures with a common architectural theme, required property development regulations may SECTION VII PAGE 2 be reduced, provided a sin= alan is aDoroved in accordance ~ Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space re~airements are deemed satisfied pursuant to the PUD. E. No antached single family homes may be located between two detached single family homes if they are a part of %he same platted block. F. Single Family zero lot line dwellings are identified separately from single family detached dwelling wi5h conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table II. Zero lot line dwellings shall be defined as any type of detached or attached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. G. Principal use structures which are identified herein Shall have a minimum of two parking spaces per dwelling unit. The Director may permit a i/2 space pe~ unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. H. Landscaping shall be provided as required by Section 2.4 of the Collier Counuy Land Development Code in effect at the time a building permit is requested. I. A landscaped buffer shall be provided along any tract boundary adjacent to the OLDE CYPRESS project boundary including those adjacent to the roadway along the east and west projecn boundaries. A landscaped buffer is not required along tract boundaries adjacenu to internal roadways where a preserva5i©n area exists or where the golf course exists. The design of the buffer shall meet the standards of Section 2.4.7 of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. J. Differing housing types on the same tract must be compatible, unless the following standards are adhered to: 1. The differing housing separated into discrete areas, such as amenities or water management areas; or types are physically separation by common Landscaping or berms/walis are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. SECTION VII PAGE 3 TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED ZERO LOT LINE TWO FAMILY & DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI- FAMILY DWELLING Minimum Lot 6,000 5,000 3,500 3,000 S.F. 1 AC Areas S.F. S.F. S.F.':~ per du. Minimum Lot 60 45 35 30 150 Width<2/ 25'~" 20'~" 20'~ 20 25 Front Yard Setback Side Yard'~ ~ 0 or Setback !0 0 or 5 0 or .5 BH' 5 0 or .5 BH Rear Yard 20 I0 20 20 25 Setback Principal Rear Yard I0. 5 10 10 i0 Accessory<~ Maximum 35 35 35 35 45'" Building Height Distance N.A. N.A. N.A. 10 .5 BH Between Structures Floor Area ~ 1200 1200 1200 1000 750 Min. (SF) : Building Height o Each half of a duplex uni5 requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum of seven thousand (7,000) square feet. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Accessory uses such as pool enclosures may be attached to principal uses. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) foot yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. SECTION VII PAGE 4 Singly family dwellings which provide for two {2) parking spaces within an enclosed side-entry garage and provide for gues~ parking other than private driveways may reduce fron~ yard requirements to ten (10) feet for the garage and twenty (20) fee~ for the remaining structures. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a Mansard roof and to the mean height level between the eaves and the ridge of gable, hip and gambrei roofs. Accessory buildings shall be limited to twenty (20) feet above grade, with the exception of the entry monument depicted in Exhibit D, which may be developed in accordance with the elevations provided. Four habisable floors above parking. A maximum cf seven habi%able floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or Final Site Development Plan. Buildings adjacent to the project boundary property line on the west shall be limited to three habitable floors above parking, and the 28.68 acres located along the eastern edge of the project in Section 22 and the subject of the 1999 Notice of Change to the DRI is permitted a maximum height of three (3) stories or thirty-five (35) feet. The project entrance signage, which includes architecnurai enhancemenns, shall be perminted along the near eastern extremity of OLDE CYPRESS as depicted on Exhibit D on lands under common ownership by the developer. SECTION VII PAGE 5 SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8.01 PURPOSE The purpose of this Section is to set forth the elan and regulations for the areas designated on Exhibit "A" Developmen5 Plan as Community Shopping and Business Office Center ("C"). 8.02 PEP~ITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses All commercial uses permitted by right in ~he C-3, Commercial Intermediate District of Secsion 2.2.14 of the Land Development Code in effect as of the date of this PUD Distric% is approved by the Board of County Commissioners, including a personal self- storage center groups (4225). Any other commercial use or professional service which is comparable in nature with the foregoing uses and which %he Development Services Director finds compatible within the District. Permitted Accessory Uses and Structures 1. Accessory uses and structures associated with the uses permitted in this District. customariiy 2. Temporary sales/information permitted an the Director's discretion. facilities may be 8.03 MINIMUM YARD .REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. 8.04 BUILDING SEPARATION All buildings shall be separated 20 feet or one-half %he sum of their heights, whichever is greater, except in the Case of cjustered buildings with a common architectural theme. These distances may be less, provided that a site development plan is approved by ~he Development Services Director. SECTION VIII PAGE ! 8.09 MiNIMI/M FLOOR .AREA OF PR-'NC~r.~ STRUCTirRES One thousand square feeu per building on the ground floor except that free-standing specialty s~ruc~ures of na~iona!!y recognized standard size less than one thousand square fee~ shall be permitted when Site Development Plan approval has ~een received. 8.06 MAXIMUM HEIGHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS As required by the Land Developmenu Code of Collier County. 8.08 MINIMUM L~AAIDSCAPING REQUIREMENTS As required by Section 2.4 of the Land Developmenu Code of Collier Counny. 8.09 SIGNAGE Signs as permiUted by Section 2.5 of the Collier County Land Development Code in effect at the time a permi~ is requested. 8.10 SITE DEVELOPMENT PLANS As required by Division 3.3 of uhe Land Deveiopmen% Code of Collier County. 8.11 DEVELOPMENT INTENSITY The commercial component of the project is iimiued to a maximum of !2.5 acres or one hundred and sixuy-five %housand (165,000) S.F. of floor area. (See also Section 8.13 of this Ordinance.) 8.12 ARCHITECTUP3LL AND SITE DESIGN STANDARDS All development wishin the commercial area of OLDE CYPRESS as depicted on the PUD Master Plan shall be unified for each tract including building designs, landscaping, and~signage and shall meet the requirements of Division 2.8 oz the Land Development Code. SECTION VIII PAGE 2 8 13 ST/~NDARDS FOR PERSONAL SELF cm~:~ CENTERS For each acre or fraction thereof that is developed with personal storage facilities in lieu of retail uses, a proportional amount of retail area shall be forfeited. For example, if six ~6) acres of personal storage facilities-are developed in lieu of retail uses, seventy-nine thousand two- hundred <79,200) S.F. of retail uses will be deducted from the maximum square footage permitted for the commercial retail area. Personal self-storage facilities may operate from 7:00 a.m. and 8:00 p.m. go Individual businesses center are prohibited. within the personal self-storage Open space within the self-storage center shall be thirty (30) percorm minimum. E The location of the personal storage facility shall be limited to the wes~ side of the ~ntrance into the commercial tract and shall be located to the rear of commercial uses fronting azong immekalee Road, and south of the Preserve Area located on the OLDE CYPRESS PUD Master Plan. This location will serve no minimize any impacts on adjacent properties. SECTION VIII PAGE 3 SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PTJRPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 PUD MASTER DEVELOPMENT PLAN A. The PUD Master Plan and the Development Plan iljustrate a preliminary developmenu plan. B. The design, criteria and lay-out iljustrated in the Master Plan and Developmenu Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. C. All necessary easements, dedications or other instruments shall be executed or granted to insure the continued operation and maintenance of all servi~e utilities. D. Minor design changes which ere in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. E. Amendments to this Ordinance and PIID Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time such amendments may be requested. F. Overall site design shall be harmonious in terms of landscaping and enclosure of st_~uctures, location of all improved facilities and location and treatment of buffer areas. G. To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan, which may be protected by a guard house or other limited access structure, with the exception of temporary construction roads necessary to construct and build certain facilities on the project. H. The Developer shall use the material excavated from 'these lakes as fill as needed on the site for road, building and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in SECTION IX PAGE 1 Land Deve!o~men~ Code Sec~!on 3.5.7.3.1. I. The OLDE CYPRESS PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, thereof Honinoring Requirements. 9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE All clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction using the best available management techniques so as not to harm any such areas or plants. 9.04 UTILITIES A. Water and Sewer i. Water distribution and sewage collection and transmission systems will be constructed throughout the projec~ development by the Developer pursuant'to all current requirements of .Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant 50 appropriane County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. SECTION IX PAGE 2 4. 15 is anticipated than the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. 5. An Agreement shall be entered into between' the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, to state that: a) Connection to the Coun5y's off-site Water and/or sewer facilities will be made by the owners, the assigns or successors at no cost to the County. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection<s), etc. b) The following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: I) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County's off-site water and/or sewer facilities; or 2) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary. c) All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. d) The Developer, his assigns or successors, agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. SECTION IX PAGE 3 B. The projec:'s Owner(s), his assigns or successors, shall negoziate in good faith with the County for nhe use of treaned sewage effluent within the project limits, for irrigation purposes. The Owner shall be responsible for providing all on- site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County ~o provide full or partial on-site storage facilities, as required by the DEP, consisten: with the volume of treated wastewater to be utilized OLDE CYPRESS has first rights to effluent generated by the project. C. Construc:ion and ownership of the waner and sewer facilities shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. D. A detailed hydraulic design report covering the water distribution system to serve the project must be submitted wimh the construction documents for the project. The reporm shall iis~ all design assumptions, demand rates and other factors Dertinenu to the system under consideration. 9.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid wasne disposal service to provide for solid waste collection service to all areas of the project. 9.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a home owners' association. In addition, any future recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the home owners! association. Every residential unit owner of the development shall become a member of the home owners' association. 9.07 TRAFFIC IMPROVEMENTS a. The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, Section 9.02-G, states that the roads may be private. The road through the commercial area may possibly be designated public, providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. SECTION iX PAGE 4 c. The project shall be provided with three (3) points to immokaiee Road. aCCeSS d. All access roads/drives shall be limited to the access points shown on the Master Plan. The proposed commercial areas shall not have direct access to immokalee Road. All drives shall be connected to the access roads built by this project. e. All traffic control devices used, excluding street name signs, shall conform with the Manual for Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). f. if the four-laning of Immoka!ee Road has not been started, the Developer shall provide an eastbound left turn storage lane and a westbound deceleration lane at each project entrance before any certificates of occupancy are issued. g. The Developer shall provide a fair share contribution ~owa~ ~.~e capital cost of a traffic signal at any project entrance when deemed warranted by abe County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The Developer shall provide arterial level street lighting a~ each project entrance at the time of construction. The operating and maintenance costs of these units shall be assumed by Collier County. i. The north-south local road on the western side of the projecn shall be platted as a public right-of-way and shall be constrained to a two-lane (sixty foot (60') right of way) configuration over the north half of the project. j. Public access will be provided through the commercial tract and %c adjacent lands to the west not contained in the Olde Cypress PUP. At the time of platting cross easements will be provided ~o adjacent lands to the west to facilitate access between the properties. (See the P~JD Master Plan.) 9.08 STREETS The streets within the project may be privately owned and maintained with exception of the North-South road on the Western edge of the project, which shall be a public road. The internal streets which cross environmentally sensitive (permit required). areas will be minimized in width to reduce impacts on the environment based upon approval of the County Engineer and the Development Services Department. Typical cross-sections are SECTION IX PAGE 5 attached as Exhibi~ 9.09 SUBSTITUTIONS TO COL~?Y SUBDIVISION REGULATIONS A. Land Development Code, Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging re~airements shall be waived, except at entrances. B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18, and 3.2.8.4.16: Street rights-of-way and cross-section for specified private roads shall be as shown on Exhibit "C"; provided that a sidewalk or bikepath be provided on both sides of four-lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Section 3.2.8.4.16: The 1,000 feet maximum dead-end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3.2.8.4.16: The requirement for I00 foot tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. .F. Land Development Code, Sections 3.2.8.3.24 and 3.2.8.4.20: The requirement for blank utility casings shall be waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.-3.4.23: The requirement that Permanent Reference Monumenns be installed in typical water valve cover is waived. H. Right-of-Way requirements shall be determined in accordance with the general requirements of Division 3.2, Subdivisions; however, road right-of-way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public' health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9.10 POLLING PLACES SECTION IX PAGE 6 Polling places shall be provided in accordance with the Collier County Land Development Code, as may be amended in the future. 9.11 ENVIRONMENTAL ST!P~_~ATIONS A. Petitioner shall be subject to the County's Groundwamer Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subject to the approval of the South Florida Water Management District (SFWMD) and Collier County Development Services staff. The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas in conservation easements, as well as on the plat, with protective covenants per or similar to Secnion 704.06 of the Florida Statutes, provided that said covenants shall not conflict with South Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant to the existing South Florida Water Management District Permit No. 11-01232S, and U.S. Army Corps of Engineers Permit No. 1989909601PM~. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Staff. E. Buffer zones adjacent to the preserve areas shall be pursuant to South Florida Water Management District Permit No. !!- 0i232S. F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11-01232S. G. Replacement and mitigation plantings shall be randomly spaced and/or clumped at the densities quoted in the OLDE CYPRESS Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction), to emulate a more natural environment. SECTION IX PAGE 7 9.12 WATER NQA1WAGEMENT STIPLF~ATiONS A Detailed site drainage plans shall be ' ' ~ ~ ' · submitted ~o ~ne County Engineer for review. No construction permits shall. be issued unless and until approval of the proposed construction in accordance with the submin~ed plans is granted by the Environmental Advisory Council and County Engineer. B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with the Collier Counsy Land Development Code. D. Storage of hazardous materials in above-ground and underground tanks shall conform to the minimum requiremenus provided by state law. For the purpose of this stipulation, hazardous.materials are defined as those materials addressed in the EPA's Toxic and Controlled Subsnange list. A Spill Prevention Control and Counsermeasure Plan for all above-ground storage and underground tanks shall be approved by the Water Management Director and Development Services Director, considering recommendations from the Environmental Science and Pollution Control Department Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the CocohaUchee Canal (CR 846 Borrow Canal) by the Developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in SecTion 20 unless previously completed by other parties. When required by the County, the Developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal watershed. 9.13 ARCHEOLOGICAL RESOL~CES 'The Developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archeological resources in addition to the following requirements: SECTION IX PAGE 8 a. the z2.1 acre lake/mortuary ureserve and along The eastern edge of the development will be protected by a 25-foot ~rotecuive buffer. b. ~he buffer area will be maintained in a natural staue; should nree removal, tree or shrub planting or other disturbance occur as part of mainnenance or landscape of the buffer, a professional archaeologist be present to monitor these activities. c. a professional archaeologist will monitor installation of any pipes, drains, or other equipment necessary to construct and/or maintmin the three lake system. d. no excavation will be permitted within the z2.1 acre lake/mor5uary. e. preservation of the !ake/moruuary and buffer will be in perpetuity. f. inadvertent discoveries of human remains or mortuary artifacts made during routine maintenance or site development activities will be handled as required in Section 2.2.25.8.1 of the Collier County Land Development Code. SECTION IX PAGE 9 n ,~reser~','n2 a.'~: e,'~,han:m; Fi2r~a'$ O~aJit), o: l,;fe $,;nce ?955 MONTES & A$SOOtATES, INC. /EN'SINEERS P~ANNIERS SURVEYORS HMA PROJECT ¢I 997076 REF. DWGS. #A-1025 &~' 4/'1 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 10D FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION 21, E1/2-SW1/4-NW~,/4, W1/2-SE1/4-NW1/4, W1/2-SE 1/4-SE 1/4, Wl/2-Wl/2-SWl/4-SE 1/4, SE 1/4-SWl/4, E 1/2-Wl/2-SW1/4-SWl/4, E1/2-SW1/4-SW1/4. AND THE SW 1t4 OF THE NW 1t4 OF THE SW 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, P~NGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY .OVER AND ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF PREVIOUSLY DEDICATED FOR CANAL RIGHT-OF-WAY. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. . THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.L.S. # 3741 THOMA'S J. GARRIS STATE OF FLORIDA I ~E,$0 AB--~NATHY STRE=-'T BONITA S='RIN,'~S. FLORIDA ,.~- ~'~5 941-B92-O795 FAX _~4~-992-2327 Prese",,,ing an~: en,~ancmg Fior]da'$ auai]tv o/ hle s,,qce ? 95E HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEvORS HMA PROJECT # 1998060 REF. DWG. A-1170 ! 1tl 7/99 LEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERT'Y CONTAINS 9.32 ACRES. MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #17:2 BY ~,F':~'/')~2'/"]¢,/74.~ . , /~,/~'~/'/I.-//~ P.S.M. # 5628 THOMAS M. MURPHY ~ f~ STATE OF FLORIDA .E, MONTES & ASSOCIATES. INC. ENGINEERS PLANNERS S U R',.,'= vC,~S HMA PROJECT # 1998060 REF DWG. A-1!70 1 i/i 7/99 LEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET. THIS PROPERTY ',S SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS ,9.32 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY ' ~ STATE OF FLORIDA SO" R.O.W. o o c3 5' EAS;EJaENT ~ --- o I ' (S~DEW,,,~K AND ~',,,S~'r R£C/JIR£D ON LOCAL STRrFTS)' [ = 2' ~ 2' J~"-~~  ~ UlaEROCIK BASE (PRilaEg) ~.0.W. MAY BE DECRC'A~D WITH 12' STA~IUZED SUB (~RAI)E (LJBR 4-0) A~PROPRIAT[ JUSTIFICATION AND ADEQUATE PROVlS)O~S FO, R 50'* R.O.W. SECTION N.T.S. 1. CUL-DE-SAC PAVD~ENT R~DIUS S~N.L BE: ~0' ('~N). 2. CUL-DE-SAC R/W RADIUS Si-IN_L BE 50' (WIN). 4.' laiN. WALK 60' R.O.W. 1 1/2' AEDDHALT]O concrETE \ I !.._2 · , SLOPE \ ~-- ~' UMEROC;K BASE (PRIMED) L12' STA~IUZED SUB ~E (~R 60' R.O.W. SECTION N.T.$. 100' R.O.W. 12' MIN 24.' ~2'-d ~ 0.02 6' MIN. W CURB I \ \ ~2' VN_LL-7 C'UT'nm OR 1 1/~ A~H~C ~ ~ ~ 8' UU~OCK BA~ (PRIM~) 100' r.o.w. SECTION ..T.~. EXHIB!/T~? Jr' J j {~*IECK[D BY: PRI~CT No. ~~~ .oL~ ~ONT~S · ASSOC,AT~S THE WOODLANDS ~6 1826~ ROADWAY SECTIONS 71~ l~h Steel S., Naple~, ~ ~5959 - Phone : (941) 262-4617 E~IBIT EAST SIDE ELEVATION HOL~ ~ON75S & ^SSOGATES, ha EN (:~NIF..ER S- PLANNF_R~-. 8URVEYOIR8 7T5 10f~ S~ S.. Naples, F'[- ~-A102 - Phone : (g41) 2E2--4-617 EXHIBIT D OLDE CYPRESS ENTRY MONUMENT II t I II EXECUTIVE SUMMARY PETITION: PUD-86-6 (1), MR. KEVIN MCVICKER OF PHOENIX PLANNING AND ENGINEERING, REPRESENTING THE JON & SONYA LAIDIG FOUNDATION, REQUESTING AN AMENDMENT TO THE LOCH RIDGE PUD TO ALLOW FOR AN ASSISTED LIVING FACILITY (ALF) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF DAVIS BOULEVARD (SR-84) AND CROWN POINT BOULEVARD WEST, IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION ITEM: CU-99-3) OBJECTIVE: The petitioner seeks to amend the Loch Ridge PUD, Ordinance Number 86-79 for the purpose of adding an assisted living facility as a permitted use in Tract "A" as depicted on the PUD Master Plan. CONSIDERATIONS: The purpose of this petition is to amend Section 4.03, (Permitted Uses) of the Loch Ridge PUD to allow an Assisted Living Facility (ALF) as a permitted use in Tract "A". Currently the PUD document only permits wholesale plant nurseries, retail sales of garden supplies, florist shops and fruit sales on Tract "A". The applicant indicates that the proposed change to add an assisted living facility is necessary due to changes in market conditions. It should be noted that the proposed ALF site will include approximately 4.6 acres of land zoned Agriculture along with 3.4 acres within Tract "A" of the Loch Ridge PUD. The conceptual site plan indicates that the proposed ALF structures are consistent with all applicable development standards. Since the Loch Ridge PUD is built-out, the Agricultural zoned portion of the ALF site could not be incorporated into the PUD since that action would require the preparation of a new PUD Document for the entire PUD on lands that are already built-out. Therefore, a minor amendment to the Loch Ridge PUD is deemed to be more appropriate process in which the proposed ALF use is added as a permitted use while a conditional use is required for the Agriculture portion of the ALF site (See Companion Item: Petition CU-99-3). The site is currently designated Urban Mixed Use, Urban Residential on the Future Land Use Element (FLUE). A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 dwelling units per acre. However, the project is also located within the Traffic Congestion Area that reduces the density to 3 units per acre. It should be noted that the Urban Designation would also accommodate future non-residential uses such as essential services, community facilities, churches, school, day-care and assisted living facilities (ALF). As a result, the petitioner is requesting a PUD Amendment to allow for the construction of 100 nursing care units, 75 assisted living units and 10 independent living units. Because the ALF is a non-residential use, the intensity of use is limited to a maximum Floor Area Ratio (FAR) of 0.45 times the area of the property as required in Section 2.6.26.2.1 of the LDC. Since the proposed 33,000 square foot main building does not exceed a FAR of 0.45, this petition is consistent with the GMP. The traffic impact review indicates that the proposed ALF will generate approximately 430 trips per weekday and 35 trips during the peak hour versus 500 trips for the current nursery/garden center. The difference in site generated trips results in a reduction of approximately 70 trips per Weekday. As a. result, the site-generated trips will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Davis Boulevard (SR 84) fronting the project The proposed revision to the PUD document does not adversely impact any adopted level of service standard. This amendment only allows for the addition of an ALF as a permitted use in Tract "A". Staff is of the opinion that this amendment will not adversely impact the development strategy for the Loch Ridge PUD or effect the currently approved residential properties within or adjacent to the PUD. Since Tract "A" currently is being used for a commercial nursery, the proposed ALF use will generate less traffic and noise. With respect to the matter of compatibility with the adjacent properties, the lands to the north, south, and west of Tract "A" contain single family and multi-family residential dwellings within gated communities. There is an existing multi-family development to the south and on the north side of Davis Boulevard that is similar in development standards. In addition, Crown Pointe Boulevard is located along the western boundary Tract "A" that will provide additional buffering between the single-family residential areas of Kings Lake. Therefore, staff is of the opinion that the proposed ALF use won't adversely impact any residential uses. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is consistency with the land uses allowed in the FLUE. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the P UD. This includes the existing nursery development in Tract "A". The proposed amendment to allow for an ALF does not adversely impact the consistency relationship with the FLUE since community facilities are allowed in the Urban Residential designated areas. Therefore, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved land uses in the area. Regarding the matter of timing, it should be appreciated that urban development completely encircles the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. FISCAL IMPACT: This project 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. 2 The following impact fees will be applicable to this project: Park Impact Fee: Libraries Impact Fee: Fire Impact Fee: Correctional Facilities Road Impact Fee: Radon Impact Fee: B.C.A.I. Impact Fee: EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $0.0390 per square foot $455 per dwelling unit $0.005 per square foot under roof $0.005 per square foot under roof $43.00 per 1,000 square feet The total amount of impact fees for the ALF/skilled nursing uses is approximately $95,850. 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 b,~ application of ad valorum tax rates. The revenue that will be generated depends on the value of~ improvements. 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 or enhancements to raise the level of service. 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 site is currently designated Urban Mixed Use, Urban Residential on the Future Land Use Element (FLUE). A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 dwelling units per acre. The project is also located within the Traffic Congestion Area that reduces the density to 3 units per acre. However, the Urban Designation will also accommodate future non-residential uses such as essential services. Other permitted non-residential uses may include: community facilities, churches, school, day care and assisted living facilities (ALF). As a result, the petitioner is requesting a PUD amendment to allow 100 nursing care units, 75 assisted living units and 10 independent living units as a permitted use. Because the ALF is a non-residential use, the intensity of use is limited to a maximum floor area ratio (FAR) of 0.45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed total square footage does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. 3 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff recommends approval of Petition PUD-86-6 (1) subject to the conditions of approval that have been incorporated into the Ordinance. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Since this 8.04-acre site is currently developed, this petition is not required to be reviewed by the by the Environmental Advisory Council (EAC). In addition, the Community Development Services Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the Land Development Code. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition during their May 4, 2000 public hearing. By a 5 to 1 vote, the CCPC recommend to forward this petition to amend the Loch Ridge PUD to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the Ordinance. The five Planning Commissioners recommending approval determined that the proposed assisted living facility is compatible with the surrounding residential area while the one vote in opposition was in response to a concern raised by an adjacent resident concerning the proposed three story main building, therefore, this petition could not be placed on the Summary Agenda. PREPARED BY: LLO~'~, PRINCIPAL PLANNER CURRENT PLANNING SECTION DATE R~VIEWE~ ~Y: R'ON'~'L~.'~CP, MANAGER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT EX SUMMARY/CU-86-6(1 )/RVB/rb DATE DATE DATE 5 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: APRIL 3, 2000 PETITION NO: PUD-86-6 (1), AMENDMENT TO LOCH RIDGE PUD COMPANION ITEM: CU-99-3 AGENT/APPLICANT: Agent: Mr. Kevin McVicker 1786 Trade Center Way #2 Naples, Florida 34109 Owner: Jon and Sonya Laidig Foundation Jon Laidig, President 1786 Trade Center Way #2 Naples, Florida 34109 GEOGRAPHIC LOCATION: The subject PUD is located on the south side of Davis Boulevard (SR-84) and the East Side of Crown Pointe Boulevard West in Section 7, Township 50 South, Range 26 East. REQUESTED ACTION: The petitioner seeks to amend the Loch Ridge PUD (Ordinance Number 86-79) for the purpose of adding an assisted living facility as a permitted use in Tract "A". PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to amend Section 4.03, (Permitted Uses) of the Loch Ridge PUD to allow an Assisted Living Facility (ALF) as a permitted use in Tract "A". Currently the PUD document only permits wholesale plant nurseries, retail sales of garden supplies, florist shops and fruit sales on Tract "A". The applicant indicates that the proposed change to add an assisted living facility is necessary due to changes in market conditions. It should be noted that the proposed ALF site will include approximately 4.6 acres of land zoned Agriculture along with 3.4 acres within Tract "A" of the Loch Ridge PUD. The conceptual site plan indicates that the proposed ALF structures are consistent with all applicable development standards. 1 "r) o ~ m_ m m m Z 0 D. r' n -_r (~OVVN ~'~,INTF: BLVD. WEE. T GREEN THUMB ACLF ZONING LAST R SION: ', 0 _~.ON I NG MAP Since the Loch Ridge PUD is built-out, the Agricultural zoned portion of the ALF site could not be incorporated into the PUD since that action would require the preparation of a new PUD Document for the entire PUD on lands that are already built-out. Therefore, a minor amendment to the Loch Ridge PUD is deemed to be more appropriate process in which the proposed ALF use is added as a permitted use while a conditional use is required for the Agriculture portion of the ALF site (See Companion Item: Petition CU-99-3). SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject PUD is currently developed, however, this amendment will allow the proposed ALF to replace the existing nursery. The property is zoned Loch Ridge PUD. Surrounding: North - SR 84 and developed residential; Zoned: Osprey Landing PUD. East - Developed residential; zoned: Crown Point East PUD. South - Developed residential; zoned: West Crown Point PUD West - West Crown Point Boulevard (See Photograph), Zoned PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP). The Land Development Code establishes a procedure that may result in approving a development order for an assisted living facility in the agricultural zoning district. Consistency relationships with applicable elements of the GMP are as follows: Future Land Use Element: The site is currently designated Urban Mixed Use, Urban Residential on the Future Land Use Element (FLUE). A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 dwelling units per acre. However, the project is also located within the Traffic Congestion Area that reduces the density to 3 units per acre. It should be noted that the Urban Designation would also accommodate future non-residential uses such as essential services, community facilities, churches, school, day-care and assisted living facilities (ALF). As a result, the petitioner is requesting a PUD Amendment to allow for the construction of 100 nursing care units, 75 assisted living units and 10 independent living units. 2 Because the ALF is a non-residential use, the intensity of use is limited to a maximum Floor Area Ratio (FAR) of 0.45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed 54,500 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. Traffic Circulation Element: The traffic impact review indicates that the proposed ALF will generate approximately 430 trips per weekday and 35 trips during the peak hour versus 500 trips for the current nursery/garden center. Because of the low trip rate for assisted living units, the difference in site generated trips will result in a reduction of approximately 70 trips per Weekday. As a result, the site-generated trips will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Davis Boulevard (SR 84) fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any roadway segment within the project's radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE also classifies this segment of SR 84 as a 4-1ane road fronting the project. The current traffic count for this segment is 17,159 AADT that results in LOS "A" operation. As a result, no road improvement is required. Based on this data, this petition is consistent with the Policy 1.3 of the TCE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: This petition was referred to all appropriate County agencies for their review. Since no level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval. ANALYSIS: The proposed revision to the PUD document does not adversely impact any adopted level of service standard or bring about reductions to setback requirements for any principle structure. This amendment only allows for the addition of an ALF as a permitted use in Tract "A". Staff is of the opinion that this amendment will not adversely impact the development strategy for the Loch Ridge PUD or effect the currently approved residential properties within or adjacent to the PUD. Since Tract "A" currently is being used for a commercial nursery, the proposed ALF use will generate less traffic and noise. Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. . 3 The surrounding properties include the following land uses: With respect to the matter of compatibility with the adjacent properties, the lands to the north, south, and west of Tract "A" contain single family and multi-family residential dwellings within a gated community. There is an existing multi-family development to the south and on the north side of Davis Boulevard that is similar in use. In addition, Crown Pointe Boulevard is located along the western boundary Tract "A" that will provide additional buffering between the adjacent single family residential areas of Kings Lake. Therefore, staff is of the opinion that the proposed ALF use won't adversely impact any residential uses. With respect to the matter of compatibility with the FLLrE, this is an evaluation whose primary focus is consistency with the land uses allowed in the FLUE. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those land uses authorized within the PUD. This includes the existing nursery development in Tract "A". The proposed amendment to allow for an ALF does not adversely impact the consistency relationship with the FLUE since community facilities are allowed in the Urban Residential designated areas. Therefore, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved land uses in the area. Regarding the matter of timing, it should be appreciated that urban development completely encircles the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Traffic - The proposed amendment will reduce the amount of site-generated trips, therefore, no roadway level of service will be adversely impacted. Utility Infrastructure - Both a public sanitary sewer and municipal water supply are available to the property. All development must comply with surface water management requirements invoked at the time of site development plan approval, as the case will be for development of Tract "A". STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-86-6 (1) for the purposes of amending Section 4.03 of the Loch Ridge PUD. 4 PREPARED BY: l~.AY ~I~I~LC~WS, PRINCIPAL PLANNER CURRENT PLANNING SECTION Y: R~kY,~. D~6, AICP, MANAGER \qtau~NT PLA~qrNG SECTION k0/~i~UT]. ~Lm~U~, AtCP, DmeCTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the May 4, 2000 CCPC meeting. DATE I%.oo DATE DATE CO L.~~2~IN~G COMMIS S ION: RUSSELL A. BUDD, CHAIRMAN RVB/rb/STAFF REPORT/PUD-86-6 (1) 5 DATE HEARIN APPLICATION FOR PUBLIC FOR PUD ~ENDMENT/DO SE WOES Name of Applicant(s) ~e~ ~A~ Applicant's Mailing Address tq City ~o~--q State Applicant's Telephone Number: Res.: Is the applicant the owner of the subject property? t,/ Yes No .... (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page.) 2. Name of Agent ~,~ ~4c~,~-- Firm ~~.~ ~~,~ (~-~. Agents Mailing Address City ~~U ~ Telephone Number: Res.: State Bus.: Zip ~ to~- ~- 3. PUD ORDINANCE NAME AND NUMBER: ~oc44 ~,~ 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING T~E CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL-DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION ~ TOWNSHIP ~ ~ RANGE Address or location of subject property 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). ¥~., ~u a%-~ e TYPE OF AMENDMENT: ~//A. PUD Document Language Amendment B. PUD Master Plan Amendment __C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? ~o PETITION $: DATE: Yes i0. ~S ANY PORTION OF THE PUD BEEN ~eJ SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. v/ No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, ~ ~o,~ being first duly sworn, depose and say thaf we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this applicatio~ must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS SIGNATURE OF OWNER ARE MANDATORY. ~IGNATURE OF AGENT State of Florida County of Collier ~The foregoing Application was acknowledged befor~/~e this ls~onally known to me_~r who has p~o~uced ~ ~ ~-as id/en~ifica~on an~/~ d,~ (did not) take an oat~' / / ~ //~/ ~~ ~NOV~ NOT~Y PUBLIC My Co~ission Expires: PUD\DO APPLICATION/md/4128 3 ORDINANCE 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 86- 79, FOR THE LOCH RIDGE PLANNED UNIT DEVELOPMENT BY AMENDING SUBSECTION 4.03 PERMI'ITED USES AND STRUCTURES; AND BY PROVIDING AN EFFECTIVE DATE WHEREAS, on December 9, 1986, the Board of County Commissioners approved Ordimmee Number 86-79, which established the Loch Ridge Planned Unit Development; and WHEREAS, Kevin McVicker of Phoenix Planning and. Engineering, Inc., representing Jon Laidig, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 86-79. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUN'I~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO PERMITTED USES AND STRUCTURES SECTION; Subsection 4.03, Permitted Sections and Structures, of Ordinance Number 86-79, is hereby amended to read as follows: 4.03 PERMITTED USES AND STRUCTURES No building or st~ructure, or part thereof, shall be erected, altered, or used, or land or water used, m whole or in part, for other than the following: a) Wholesale plant nurseries and retail sales (to include the sale of garden supplies), gift shops. b) Florist shops, fi'uit and vegetable sales. c) Recreational facilities to serve only the residents of Loch Ridge. Assisted Living Facility (not to exceed a maximum floor area ratio of 0.4.5.) SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . . day of ,2000. ATFEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTYNE, CHAIRMAN Approved as to Form and Legal Sufficiency Maqd~ie ~. Student Assistant County Attorney g/~demrdPUD-86-06(I VRB/ts Words underlined are added; words c~-'-ck t.~zugh are deleted EXECUTIVE SUMMARY DOA-2000-02, ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING THE OLDE CYPRESS DEVELOPMENT CORPORATION, FOR AN AMENDMENT TO THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER FOR THE PURPOSE OF ADDING 9.3_+ ACRES OF LAND AND MAKING ADJUSTMENTS TO THE MASTER PLAN TO ACCOUNT FOR THE EFFECT OF THE ADDED LAND, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD, 1.3 MILES EAST OF 1-75, IN SECTION 21 & 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 538.1+ ACRES. (COMPANION TO PUD-99- 18(1)) OBJECTIVE: This petition seeks to amend the Olde Cypress Woods and DRI Development Order in order to facilitate the annexation of an additional 9.3 acres of land and to make certain modifications to the current Development Order Master Plan, resulting from the added acreage and internal road alignment adjustments. CONSIDERATIONS: The Olde Cypress Woods PUD is located on the north side of Immokalee Road (C.R. 846) in Section 21, Township 48 South, Range 26 East. The added land area lies immediately east of the west entry road of the current Olde Cypress Woods PUD. This added land area is to facilitate relocating the current aqua driving range at the new site of approximately 9.3 acres. In this transition the current aqua driving range (i.e. land area and lake) will be converted to an additional residential building tract, although this does not constitute an increase in the authorized number of dwelling units. The net effect of the change to the Master Plan is that the residential land use will increase from 152.5 acres to 155.2 acres while total golf course open space area will increase from 161 to 168 acres. While unrelated to the fact that additional land is being added, the Master Plan is also being revised to terminate the eastern most road through the commercial tract at the preserve boundary thus eliminating crossing the preserve area. Additionally, a roadway going west across the commercial tract will facilitate access to individual properties lying between the two legs of Olde Cypress which extend to Immokalee Road thereby eliminating the need for an additional canal crossing, and access point to Immokalee Road. Both the Southwest Florida Regional Planning Council (SWFRPC) and the Department of Community Affairs (DCA) has advised staff that this amendment is of an insubstantial nature therefore requiring no further review as a DRI. 3_ MAY 2 3 200O The Collier County Planning Commission heard this petition on May 3, 2000. Staff advised the Commission of concerns from owners of property that lie between the east and west legs of the Olde Cypress property boundaries along Immokalee Road. One of these properties owners attended the meeting who advised that likely conditions imposed by the U.S. Army Corps makes the extension of an access road from the east to the west impractical, because the road would have to be elevated above an extensive drainage flow way. FISCAL IMPACT: There are no fiscal impacts attributable to the addition of approximately ten (10) acres of land to the Olde Cypress approved development order because the use of the land results in no additional dwelling units. The land will be used to accommodate the relocation of the existing golf driving and practice range. Additional impact fees will not come about by merely changing the location of the existing driving range. A fiscal impact analysis was made of the Olde Cypress PUD at the authorized levels of development. GROWTH MANAGEMENT IMPACT: The approval of the amendment to the DRI Development Order is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Historic and Archaeological conditions were dealt with in a previous development order amendment. The added site 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: Not applicable. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition DOA-2000-02, as described by the Resolution of Adoption (i.e. Amending Development Order). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition DOA-2000-02, as described by the Resolution of Adoption (i.e. Amending Development Order). 2 AGENDA I'iT~ MAY 2 3 2000 R~LLI)~F~NI~O,'Ai~ P CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVE ~~. ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DOA-2000-02 EX SUMMARY/md 3 MAY Z 3 AGENDA ITEM 7-N MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL APRIL 12, 2000 PETITION NO: SERVICES DOA-2000-02, OLDE CYPRESS (A/CA WOODLANDS) (COMPANION TO PUD-99-18(1)) OWNER/AGENT: Agent: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 10~h Street South Naples, FL 34102 Owner: Olde Cypress Development Ltd. A Florida Limited Partnership 3620 Strand Blvd., Suite 1C Naples, FL 34110 (See application for specific ownership details) REQUESTED ACTION: This petition seeks to amend the Olde Cypress Woods and DR/ Development Order in order to facilitate the annexation of an additional 9.3 acres of land and to make certain modifications to the current Development Order Master Plan. GEOGRAPHIC LOCATION: The Olde Cypress Woods PUD is located on the north side of Immokalee Road (C.R. 846) in Section 21, Township 48 South, Range 26 East. The added land area lies immediately east of the west entry road of the current Olde Cypress Woods PUD. (See location map on following page) 1 MAY 2 3 2: 0 ~'-"~URPOSE/DESCRIPTION OF PROJECT: This added land area is to facilitate relocating the current aqua driving range at the new site of approximately 9.3 acres. In this transition the current aqua driving range (i.e. land area and lake) will be converted to an additional residential building tract, although this does not constitute an increase in the authorized number of dwelling units. The net effect of the change to the Master Plan is that the residential land area will increase from 152.5 acres to 155.2 acres while total golf course open space area will increase from 161 to 168 acres. While unrelated to the fact that additional land is being added, the Master Plan is also being revised to terminate the eastern most road through the commercial tract at the preserve boundary thus eliminating crossing the preserve area. Additionally, a roadway going west across the commercial tract will facilitate access to individual properties lying between the two legs of Olde Cypress which extend to Immokalee Road thereby eliminating the need for an additional canal crossing, and access point to Immokalee Road. SOUTHWEST REGIONAL PLANNING COUNCIL: On April 20, 2000, the SWRPC heard the Notice of a Proposed Change to a previously approved Development of Regional Impact (NOPC) pursuant to Subsection 380.(19) Florida Statutes. The Southwest Regional Planning Council adopted the following report prepared by its staff: Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not appear to create additional regional impacts and that Council participation at the local public heating is not necessary, unless requested by the County for technical assistance purposes. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notices of Proposed .Change. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs at this point in time have not sent us their comments and determination of whether or not they find this modification of significance to warrant further development of regional impact analysis. Typically DCA staff would withold comments until after local approval. ANALYSIS: The addition of the annexed area, while holding constant the number of authorized dwelling umts or other land use intensity, will have no impact on level of service thresholds. The internal land use .-----a,djustment will also not have any impact on future residential development tracts because isidential tract will be located next to the converted portion of the aqua range. There from existing or planned residential tracts are unaffected by this change. 2 no existing f'c,J-~ xri~xxr~/ l / I A,v 2 3 2000 The revision to the Master Plan regarding the east leg of Olde Cypress where it extends to Immokalee Road (i.e. commercial tract) and the proposed adjustment to internal roads is seen as a positive change. The change will eliminate crossing a preserve area and will provide access to several properties lying between the east and west legs of Olde Cypress that would otherwise have to be developed by additional crossings of the Immokalee Canal. Importantly, the Master Plan changes have no adverse traffic impacts but in fact provide positive interconnection opportumties with other properties, which if otherwise developed would adversely affect Immokalee Road. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition described by the Resolution of Adoption (i.e. Amending Development Order). RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DOA-2000-02 as .R~VIEWED BY: I~OBERJ~J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. ,~qD ENVIRONMENTAL SVCS. DATE DATE Petition Number DOA-2000-02 Staff Report for the May 4, 2000 CCPC Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/admm/DOA-2000-02 Staff Report/RN/im 3 MAY 2 3 2000 FORM RPM-BSP-PROCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallah~see, Florida 32399 (904) 4884925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that subnfi~ of a proposed change to a previously approved DKI be made to the local government, the regional planning agency, and the state land planning agency accordin~ to this fon~ I, Robert L. Duane, the undersigned owners/authorized representalive of Olde Cypress Development, LTD., a Florida Limited Partnership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsecfon 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Woodlands DRI now to be known as Olde Cypress Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Local Plarming, Department of Community Affairs. Date Signature Signature Wfilgg~lgg~l~mu~y PUD - NOC - Drtvi~ R,m~/~qD!V,M RPM-BSP.doc MAY 2 3 2000 2. Applicant (name, address. phone). RESPONSE: Mr. Paul Hardy The SWand 5645 Strand Blvd. Suite 3 Naples, Florida 34110-7300 Authorized Agent (name, address, phone) RESPONSE: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941) 262-4617 Location (City, County, Township/Range/Section) of approved DRI and proposed change. RESPONSE: The Olde Cypress DRI is located in Sections 21 and 22, Township 48 South, Range 25 East. The lands to be added comprise :L-9.3 acres and axe located along the near eastern e~ty of Olde Cypress. (See Location Map Exhibit #7.) Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the Development Order or the Application for Development Approvsl. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional infomarion may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. RESPONSE: The proposed Notice of Change is to add ±9.3 acres for a Golf Course Driving Range along the near ~ extremity of the project in Section 21, Range 25 East, Township 48 South. The request is also to designate the currently existing goff course driving range adjacent to the Club House as Residential "W' on the proposed Map H, and the "Ugget" area for the golf course driving range also will be desi..~mawd "R". In summary, the size of the Golf Course / Open Space area depicted on Map H for the project akes. The as a whole will increase from 161.7 acres to acees to 168.3 acres, including Residential Area will increase from 152.5 acres to 155.2 acres as noted in the at letter. There is no increase in the number of dwelling units, or commercial change to the phasing schedule, commencement dale or build-out date. HAY 2 3 2000 e Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. RESPONSE: Changes are proposed for only the following land use types listed in the Substantial Deviation Chart: Residential and Open Space The following page is a completed substantial deviation chart for Residential and Open Space lands to be added in 2000. A Substantial Deviation Chart is also provided for the 1996 List aH the dates and resolution numbers (or other appropriate identification numbers) of aH modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? RESPONSE: There have been five (5) Development Order Amendments adopted by Collier County since the original Woodland's DR/ Development Order (DO 86-1) was issued on November 6, 1986. The following is a description of the five (5) DO Amendments: ~.~=NOA MAY 2 3 2000 MAY 2 3 2000 0 ,~.,ENDA rrr~ HAY 2 3 2000 MAY 2 3 2000 MAY 2,3 2000 (2) (4) (5) Resolution Number 87-96 adopted April 28, 1987, amended Section B(5) (a) (7) and (8), Transportation, to clarify. responsibilities of Collier County and the develol:~r; amended Section B(5) (b) (4), Transportation Conditions, clarifying and redefining criteria by which a substantial deviation shall be determined; Resolution Number 87-207 adopted September 15, 1987, amending Section A(4), f'mdings of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the original Woodland's DRI Development Order to the Florida Land and Water Adjudicatory Commission taken by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI Development Order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Commission issued its Final Order of Dismissal of the appeal. Resolution Number 94-774 adopted November 1, 1994, extended The Woodland's DR/commencement date and the buildout/termination date by four (4) years, eleven (11) months or until October 7, 2000, and October 7, 2015, respectively. Collier County remains the local government with jurisdiction over all portions of the Olde Cypress DRI. On October 22, 1996, the BCC amended the Development Order with Resolution 96- 482 to reduce the number of dwelling units fi'om 1,460 to 1,100 dwelling units and a reduction of the commercial use born 200,000 S.F. to 165,000 S.F. and miscellaneous changes to the plan resulting solely from permitting requh'ements of the South Florida Water Management District. Also, the Right-of-way Reservation on the East side of the Woodlands was eliminated. Miscellaneous changes wcr~ also made to dramagedwater quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof. In December 1999, 28.69 acres were added to the eastern edge of Olde Cypress in Section 22. Lands to be added included a 2.1-acre Archeological Preserve Area. Standards were also incorporated into the Development Order to provide protection for archeological resources. The gross density was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the Development Order to accommodate the Notice of Change. MAY 2 3 2000 Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a · project master site plan or other map. RESPONSE: No additional lands have been t,urchased or optioned by the Applicant within one quarter (1/4) mile of the original DRI other than lands that were added to the 1999 Notice of Change which comprised the 28.68 acres along the far eastern exlxemity of Olde Cypress. 0 Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. RESPONSE: The proposed change does not exceed forty percent (40%) (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19) Florida Statutes. Do you believe this Notification of Change proposes a change which meets the criteria of subparagraph 380.06(19)(3)2, Florida Statutes? Yes No X Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. RESPONSE: No change is proposed to the build-out date or to project phasing date of the project. 11. Will the proposed change require an amendment to the local government comprehensive plan? RESPONSE: The proposed change will not require an amendment to the local comprehensive plan. 12. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. RESPONSE: The existing Map H is attached as Exhibit 1 and the proposcd Master Plan, Map H, as Exhibit 2 depicting the proposed changcs. MAY 2 3 2000 13. Pursuant to Subsection 380.06(19)(0, Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each describe~i proposed change of !and use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; RESPONSE: See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to Collier County Development Order (Exhibit 8). An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; RESPONSE: See revised legal description attached to Development Order. Co A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; RESPONSE: No change. A proposed amended development order termination date that reasonably reflects the time required to complete the development; RESPONSE: No change. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; RESPONSE: No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.02~ (7), F..A.C. MAY 2 3 2000 pg. /~' RESPONSE: No caange. W:\1,99~991~~ PUD. NOC. ~ !~12-99.d~ ---xhibi~ 3 =reserwng ar~ enllan~ng F~ono~a ~ aua~ of life sznce 1966 HOLE. MON~ES & ASSOCIATES, INC. ENGINEERS =LANNERS SURVEYORS HMA PROJECT #1997076 REF. DWGS. #A-1026 & #A-1091 4/14/99 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, P~NGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION 21, E1/2-SW1/4-NW1/4, W1/2-SE114-NW1/4, W1 ~-SE1/4-SE 1/4, W1/2-W1/2-SW1/4-SE 114. SE1/4-SWl 14, E 1/2-W1/2-SWl/4-SWll4, E1/2-SW1/4-SW1/4. AND THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 22,TOWNSHIP ~8 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY .OVER AND ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF ~REVIOUSLY DEDICATED FOR CANAL RIGHT~)F-WAY. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS J. GARRIS STATE OF FLORIDA MAY 2 3 2000 =reser~ng ana enhancing P~or~aa'$ aua~tv of lifo .,~l"l~e ~ 966 HOLE. MONTES & ASSOCIATES, INC. ENGINEERS ~LANNER$ SURVEYORS HMA PROJECT # 1998060 ~EF ,~WG. A-1170 ' 1/17/99 I I I I I I I I LEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. -HIS PROPERTY CONTAINS 9.32 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY , THOMAS'M. MURPHY P.S.M. # 5628 STATE OF FLORIDA lt3~__e~_ A~F.J:~4AI"F~' S~ ~C)~ITA Si~l:11NG~. I:t. ORIOA 34135 F~X 941-g~2-2327 MAY 2 3 2000 DEVELOPMENT ORDER RESOLUTION NO. A RESOLUTION AMENDING DEVELOPMENT ORDER 86-01. FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE, AND TO INCREASE THE ACRES ATI'RIBUTABLE TO GOLF COURSE, OPEN SPACE AND RESIDENTIAL DEVELOPMENT AND AMENDING THE MASTER PLAN AND LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAN'D AREA: SECTION TWO, FINDINGS OF FACT: SECTION THREE, CONCLUSIONS OF LAW: AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY :~FFAIRS AND EFFECTIVE DATE. WHEREAS. the Board of County. Commissioners of Collier County, Florida. approved Development Order 86-01, (the Development Order) on November 6, 1986, which approved a Development of Regional Impact (DRI) now known as Olde Cypress formerly the Woodlands Development Order: and WHEREAS. subsequent to the approval of Development Order No. 86-01, the Board of Count3' Commissioners of Collier County, Florida, approved several amendments to said Development Order: and WHEREAS, "Olde Cypress" through its authorized agent, has filled its application and notice of proposed change to Development Order No. 86-01. as amended which is attached hereto and incorporated herein as Exhibit "B": and WHEREAS. the Board of CounW Commmsloners as the govermng body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Olde Cypress DRI Development Order No. 86-01, as amended: and WHEREAS. the Collier County. Board of County Commissioners passed Ordinance No. __ on , which had the effect of amending the PUD zoning district for the Olde Cypress development previously approved in Ordinance No. 99-27: and WHEREAS, on . the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06. Florida Statutes, having considered "Olde Cypress" application and notice of proposed change to the Olde Cypress DRI Development Order No. 86-01. as amended. and record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, the report and recommen& Words ....... tb~ougk are deleted: words underlined are added. tion of,~l~.l~A ITFJ~ z 3 2000 n. ,70 Count3' Planning Staff and Advisory Boards. the report and recommendations of the Southwest Florida Regional Planning Council the Board of Counw Commissioners hereby approves the following Olde Cypress DRI Development Order amendments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: AMENrDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN Paragraph 4 of the Findings of Fact Section of Development Order 86-01. as amended. for the Olde Cypress DRI is hereby amended to read as follows: 4. The applicant proposes the development of Olde Cypress. pursuant to the ADA, and the terms and conditions of this Development Order. as the same may be amended. The development consists of 528.8 538.1 acres which includes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acres, residential development of 1,100 dwelling units on approximately 152.5 155.2 acres, approximately 176.2 acres of preservation area, and approximately !6!.7 168.3 acres of lakes, open space, an 18-hole golf course and 2,1 acres of lake/preservation area to preserve archaeological resources. The general plan of development is depicted on Exhibit "A" attached hereto and incorporated herein by reference, although the acreages referenced thereto and stated herein may vary somewhat to accommodate site conditions, topography and env~rorLmental permitting requirements, SECTION TWO: FINnDINGS OF FACT The real property, which is the subject of the proposal. is legally described as set forth in Exhibit B. attached hereto and by reference made a part hereof. The application ~s in accordance with Section 380,06(19), Florida Statutes. The applicant submitted to the County a Notice of Change to previously approved DRI knovcn as Exhibit C, and by reference made a part hereof. The applicant proposes the development of Olde Cypress on 538.1 acres of land for residential/golf course and commercial development described in Development Order 86- 01, as amended. A comprehensive review of the impact generated by the proposed changes to the prevzously approved development has been conducted by the County's de the S%TRPC. Words ..... ~ 'h .....h are deleted: words underlined are added. -2- MAY 2 3 2000 F. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a previously approved D1LI, Exhibit C, attached hereto and by references made a part hereof. B. The proposed changes to the previously approved Development Order fall within the parameters for extensions of buildout pursuant to Subsection 380.06(1)( e )2., Florida Statutes. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County. Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. The proposed changes do not cunstitute a substantial deviation pursuant to Subsection 380.06(19) (e 12.. Florida Statutes. SECTION FOUR: A. Except as amended hereby, Development Order 86-01 shall remain in full force and effect, bindtng in accordance with its terms on all parties thereto, B. Copies of this Development Order No. __ shall be transmitted immediately upon executmn to the Department of Commumty affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planrang Council. C. This Development Order shall take effect as provided by law. Words stmzk tbza'ag~ are deleted; words underlined are added. MAY 2 3 2000 This Resolution adopted after motion. second and majority vote. Done this __.day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AT'FEST: DWIGHT E. BROCK. Clerk TIMOTHY J. CONSTANTINE. CHAIRMAN Approved as to Form and Legal Sufficiency Mauoriit M. Student Assistant Count3,, Attorney g admm/DOA-86-01/RNqm Words ............ e-, are deleted: words underlined are added. AC, V,J~A MAY 2 3 2000 ,:.:.:........................... :.:.... ....:.>:.:.:.:.:.:.::: EXHIBIT "A" ~A¥ 2 -~xhib it E -=,eser~ng anO en13anong ~-~onda'$ gua~#F or life s~nce 1966 HOLE. MONTES & ASSOCIATES, INC. --NGINEERS ~'~kNNERS SURVEYORS HMA PROJECT #1997076 REF. DWGS. #A-1026 & #A-1091 4/14/99 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION 21, E1/2.SW114-NW114, W1/2-SEl/4-NW1/4, W1/2-SE1/4-SE1/4, W1/2-W112-SW1/4-SEl14, SE1/4-SW1/4, E1/2-W1/2-SW1/4-SW1/4. E1/2-SW1/4-SW1/4. AND THE SW 114 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22. TOWNSHIP 48 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA. SUBJECT TO AN FASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY.OVER AND ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF PREVIOUSLY DEDICATED FOR CANAL RIGHT-OF-WAY. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB ~1772 THOMAS J. GARRIS P.!_S. # 3741 STATE OF FLORIDA EXHIBIT "B" AGENDA t' MAY 2 3 2000 pg. c~/ ~reserwn_cl and ennanc:ng Fionoa s ou~31t~3/ of tifo sir'ice HOLE, MONTES & ASSOCIATES, INC. ENGINEERS ~LANNERS SURVEYORS HMA PROJECT # 1998060 REF DWG. A-1170 11/17/99 LEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHVVEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 9.32 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY , THOMAS'M. MURPHY P.S.M. # 5628 STATE OF FLORIDA SPRINGS. FLORIDA 34135 .~41-g~2-O795 FAX 941-992-2327 AGENDA I~.M I / MAY 2 3 2000 FORM RPM-BSP-PROCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF RESOURCE PLANNTNG AND MANAGEMENT BUREAU OF STATE PLANNI~ ]G 2740 Centerview Drive Tallahassee, Florida 32399 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 350.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land platming agency according to this form. I, Robert L. Duane, the undersigned owners/authorized representative of Olde Cypress Development, LTD., a Florida Limited Parmership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.060 9), Florida Statutes. In support thereof, I submit the following information concerning the Woodlands DR/now to be known as Olde Cypress Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submined today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. Signature Signature EXHIBIT "C" W:\1991B1998152Xrld~anuary POD - NOC - Driving R. ange~FOR.M RPM-BSP.doc MAY 2 3 2000 2. Applicant (name, address, phone). RESPONSE: Mr. Paul Hardy The Strand 5645 Strand Blvd. Suite 3 Naples, Florida 34110-7300 Authorized Agent (name, address, phone) RESPONSE: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941) 2624617 Location (City, County, Township/Range/Section) of approved DRI and proposed change. RESPONSE: The Olde Cypress DR/is located in Sections 21 and 22, Township 48 South, Range 25 East. The lands to be added comprise _-+9.3 acres and are located along the near eastern extremity of Olde Cypress. (See Location Map Exhibit #7.) Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the Development Order or the Application for Development Approval Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. RESPONSE: The proposed Notice of Change is to add +9.3 acres for a Golf Course Driving Range along the near Eastern extremity of the project in Section 21, Range 25 East, Township 48 South. The request is also to designate the currently existing golf course driving range adjacent to the Club House as Residential "R" on the proposed Map H, and the "target" area for the golf course driving range also will be designated "W'. In summary, the size of the Golf Course / Open Space area depicted on Map H for the project as a whole will increase from 161.7 acres to acres to 168.3 acres, including lakes. The Residential Area will increase from 152.5 acres to 155.2 acres as noted in the a letter. There is no increase in the number of dwelling units, or commercial fioc change to the phasing schedule, commencement date or build-out date. MAY 2 3 2000 Complete the attached Substantial Deviation Determination Chart for aH !and use types approved in the development. If no change is proposed or has occurred, indicate no change. RESPONSE: Changes are proposed for only the following land use types listed in the Substantial Deviation Chart: Residential and Open Space The following page is a completed substantial deviation chart for Residential and Open Space lands to be added in 2000. A Substantial Deviation Chart is also provided for the 1996 chan~es. List aH the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? RESPONSE: There have been five (5) Development Order Amendments adopted by Collier County since the original Woodland's DRI Development Order (DO 86-1) was issued on November 6, 1986. The following is a description of the five (5) DO Amendments: ~,XALR2\WI~ 1998\ ! ~98152~qd~January PUD - NOC - Driving gange~.~PONSES 12-~9.doc MAY 2 3 2000 AP-.,FF. hDA ~ MAY 2 ~ 2000 Z Z Z Z o MAY 2 3 2000 d AC~.NDA ITF. la~ MAY 2:3 200~1 AGENDA IT" MAY 2 3 200O (1) (2) (3) (4) (5) Resolution Number 87-96 adopted April 28, 1987, mended Section B(5) (a) (7) and (8), Transportation, to clarify responsibilities of Collier County and the developer; amended Section B(5) (b) (4), Transportation Conditions, clarifying and redefining criteria by which a substantial deviation shall be determined; Resolution Number 87-207 adopted September 15, 1987, amending Section A(4), findings of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the original Woodland's DRI Development Order to the Florida Land and Water Adjudicatory Commission taken by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI Development Order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Commission issued its Final Order of Dismissal of the appeal. Resolution Number 94-774 adopted November 1, 1994, extended The Woodland's DRI commencement date and the buildout/termination date by four (4) years, eleven (11) months or until October 7, 2000, and October 7, 2015, respectively. Collier County remains the local government with jurisdiction over all portions of the Olde Cypress DRI. On October 22, 1996, the BCC amended the Development Order with Resolution 96- 482 to reduce the number of dwelling units from 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 S.F. to 165,000 S.F. and miscellaneous changes to the plan resulting solely from permitting requirements of the South Florida Water Management District. Also, the Right-of-way Reservation on the East side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof. In December 1999, 28.69 acres were added to the eastern edge of Olde Cypress in Section 22. Lands to be added included a 2.1-acre Archeological Preserve Area. Standards were also incorporated into the Development Order to provide protection for archeological resources. The gross density was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the Development Order to accommodate the Notice of Change. \La. LR2\W!~1998\1998152'tlo'~January PUD - NOC - Driving Rang¢~RESPONSES 12-99.doc AC, CrJ~OA rrE~ MAY 2 3 2000 e Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. RESPONSE: No additional lands have been purchased or optioned by the Applicant within one quarter (1/4) mile of the original DRI other than lands that were added to the 1999 Notice of Change which comprised the 28.68 acres along the far eastern extremity of Olde Cypress. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. RESPONSE: The proposed change does not exceed forty percent (40%) (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.060 9) Florida Statutes. Do you believe this Notification of Change proposes a change which meets the criteria of subparagraph 380.06(19)(3)2, Florida Statutes? Yes No X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. RESPONSE: No change is proposed to the build-out date or to project phasing date of the project. 11. Will the proposed change require an amendment to the local government comprehensive plan? RESPONSE: · The proposed change will not require an amendment to the local comprehensive plan. 12. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. RESPONSE: The existing Map H is attached as Exhibit 1 and the proposed Master Plan, Map H, as Exhibit 2 depicting the proposed changes. W:\1998\1998152~ld~January PUD - NOC - Driving Ranged~ESPONSESI2-99.doc is atmei ^ MAY 2 3 2000 13. Pursuant to Subsection 380.06(19)(0, Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; RESPONSE: See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to Collier County Development Order (Exhibit 8). An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; RESPONSE: See revised legal description attached to Development Order. Ce A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; RESPONSE: No change. A proposed amended development order termination date that reasonably reflects the time required to complete the development; RESPONSE: No change. ge A proposed amended development order date until which the local government agrees that the changes to the DRI shah not be subject to down-zoning; unit density reduction, or intensity reduction, ff applicable; RESPONSE: No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J=2.025 (7), F.A.C. ' nr_,E~A RESPONSE: No change. W:\1998\1998152~d~anuary PL1D - NOC - Driving Range~I.ESPONSES 12-99.doc MAY 2 3 2000 EXECUTIVE SUMMARY TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING COLLIER COUNTY'S NOISE CONTROL ORDINANCE, NO. 90-17, AS AMENDED; LOWERS TABLE I NOISE LEVELS APPLICABLE TO RESIDENTIAL, TOURIST RESIDENTIAL AND COMMERCIAL PROPERTY; ADDS TABLE II - MAXIMUM NOISE LEVELS TO BE TESTED BY OCTAVE BAND ANALYSIS; ADDS VIBRATION STANDARDS APPLICABLE TO RESIDENTIAL AND TOURIST RESIDENTIAL SITES AND UNITS; REDUCES ALLOWABLE SOUNDS WITHIN MULTI-FAMILY UNITS IN RESIDENTIAL USE; AMENDS PARTS OF SECTION SIX (F) RELATED TO REGULATED MUSIC AND AMPLIFIED NOISE FROM UNENCLOSED AREAS; DELETES SECTION SEVEN RELATED TO REGULATED MUSIC AND AMPLIFIED NOISE FROM ENCLOSED AREAS; REPEALS THE GRANDFATHERING PROVISION; PROVIDES FOR CONFLICT AND SEVERABILITY; PROVIDES FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDES FOR A DELAYED EFFECTIVE DATE OF JULY 1, 2000. OBJECTIVE: To have the Board of' County Commissioners consider adoption of an Ordinance to amend Collier County's Noise Ordinance, Ordinance No. 90-17, as amended. CONSIDERATIONS: In the Spring of 1999, the Board of County Commissioners requested that staff review the County's Noise Ordinance and come back to the Board with suggestions how that Ordinance can be improved and updated. Staff has worked in cooperation with several County residents who are especially knowledgeable regarding local government noise ordinances. Staff has also retained an experienced consulting firm to advise Staff regarding all technical aspects of the proposed Ordinance. Staff has reviewed noise ordinances from other local governments and has researched publications of the United States Environmental Protection Agency in conjunction with the National Institute of Municipal Law Officers (NIMLO) and others. All proposed amendments are well within the wide discretion of the Board of County Commissioners. Because of the technical nature of the subject matter of these regulations, this Executive Summary specifies the effects of the significant substantive amendments. The proposed amendments result in the following substantive changes to Collier County's Noise Ordinance: Amends subsection A (6) (page 2) to clarify that the actual uses at sound-affected sites and units always supersede the underlying zoning classifications. If a site is zoned commercial but is in residential use, the site will be treated as a residential site. A~I~NDA NO. MAY 2 3 2000 o Amends subsection (B)(1) (page 2) to clarify that throughout the Ordinance no sound violates the Ordinance unless the sound exceeds the background noise level at the location of the testing equipment by five (5) decibels or more. This amendment also deletes the existing provision that allows offending noises to violate the applicable standards during ten percent (10%) of the time period being tested. Adds specifics to subsection (B)(1) (page 2) regarding locating testing equipment; also specifies additional testing requirements and standards incorporated by reference. Amends subsection (B)(1) to require one (1) or two (2) downward decibel adjustments (to the credit of the potential violator) when the sounds as tested do not exceed the background noise levels by at least (8) decibels. Imprecision of testing equipment calls for these downward adjustments to give the benefit of possible testing errors to each potential violator of the Ordinance. Amends Table I (page 3) by lowering all Table I noise levels - applicable to residential, tourist residential, and commercial sound-affected sites and units. Eliminates the 1,000 foot distance separation. With regard to maximum decibel levels, these amendments mirror the maximum residential and commercial sound- affected property levels specified in noise ordinances enacted by a majority of one hundred seventeen (117) local governments according to information complied by the U.S. Environmental Protection Agency in conjunction with the National Institute of Municipal Law Officers (NIMLO). Unless expressly provided otherwise in the Ordinance, "daytime" hours are each day from 7:00 a.m. until 10:00 p.m. Adds (at page 4) a Table II to apply additional maximum noise levels for noises that are to be tested by analyzing nine (9) specified octave bands. Sounds to be tested are separated by filters into nine (9) generally recognized octave band center frequencies. To add precision to testing, these amendments require that octave band analysis is required (1) whenever any sound being tested has a level that is lower than fifty-three (53) decibels, or (2) when testing under Table II standards. Octave band analysis facilitates more accurate test results whenever the sound level difference between any sound being tested does not exceed the ambient noise level by nine (9) decibels or more. Octave bands testing equipment also documents in which octave band(s) the offending sounds occur. The precision of octave band testing can assist the violator in isolating the source(s) of violating sounds. Corrections for Character of Sound. These adjustments are specified in subsection (C) (1), (2) and (3) - at page 5 of the Ordinance. Subsection (C)(1) specifies that at sound-affected sites in residential or tourist residential use or zoning, all standards in Table I and Table II must at all times be reduced by five (5) decibels if the violating noise is a steady pure tone. Subsection (C)(2) currently provides that from 7:00 a.m. through 10:00 p.m., the noise standards in Table I are increased by ten (10) decibels for non-repetitive impulse sounds of short duration. No other sounds, 2 AC.d[NDA rT~M MAY 2 3 2000 pg. 10. including all "repetitive impulse sounds" (those which occur six (6) times or more in any hour) are included in this ten (10) decibel increase allowance. Subsection (C)(2), as proposed to be amended by this Ordinance, applies this increase allowance to the standards in Table II and clarifies that this allowance applies to all sound- affected sites. A new subsection (C)(3) provides that Table I and Table II maximum nighttime repetitive impulse noises that are not pure tones must be reduced by seven (7) decibels at all sound-affected residential or tourist residential sites. New subsection (B)(3) (at page 5 of the Ordinance) prohibits, at residential and tourist residential sites or units, vibrations from industrial, manufacturing or commercial devices or processes if those vibrations exceed the vibration standards specified in Table III. These standards do not apply to blasting activities to the extent the blasting activities are authorized by Collier County blasting permits. Amends subsection D (at page 5) to increase the allowable daytime noise levels, including annually permitted live performance music or amplified sounds, measured inside multi-family dwellings in residential use or zoning from 50 decibels to 53 decibels. The amendments also reduce the maximum allowed nighttime noise level from 50 decibels to 40 decibels for all sounds measured inside a residential unit within a multi-family dwelling structure. The sources of sounds measured within dwelling units in multi-family dwellings are no longer limited to a "neighboring unit." Amends subsection F (at pages 6 and 7) to require annual permits for live performance music and amplified sounds that will emanate from or through non- enclosed areas in commercial or tourist residential use or zone, any part of which non-enclosed area is within 1,000 feet of sites or units in residential use or zoning. The 1,000-foot separation is to geographically limit the annual permit requirements. The amendments reduce the decibel levels for such sounds from only those non- enclosed areas when the sound is measured at sound-affected sites in residential, tourist residential, or commercial use or zoning. All other sites or units effected by those sounds are regulated by the Table I and/or Table II standards. These amendments reduce the standards applicable to those sounds when measured at a site in residential use or zoning, but not for sites in tourist residential or commercial use or zoning, thereby allowing a five (5) decibel upward allowance for such sounds when measured at sound-affected sites or units in tourist residential use or zoning or commercial use or zoning. The time periods applicable to such regulated sounds continue to extend daily to 10:00 p.m. These Section F amendments: (i) eliminate the current distinction between amplified and non-amplified sounds; (ii) apply those standards to live music performances, whether amplified or not; (iii) eliminate outdated text related to 1993 commencement date for obtaining original (first-time) permits in 1993; and (iv) provide that the application fees to obtain such annual permits can be changed by resolution(s) of the Board of County Commissioners, thereby eliminating need to amend the Ordinance simply to adjust the permit application fees. AOENDA ~ no. MAY 2 3 3 p~. ~ 11. The Ordinance deletes Section Seven (created by Section Four of Ordinance No. 93- 77). This section applied to amplified sounds emanating from some enclosed areas. Subsection A of Section Seven prohibited all amplified sounds between 2:00 a.m. and 9:00 a.m. from inside enclosed areas at every commercial or tourist residential site within 1,000 feet of a residential use or occupancy without any effect at any other site or unit. During the hours when those amplified sounds were allowed, there was no reference to an objective noise standard. The former standard (subsection B of Section Seven) provided that those sounds not "annoy or disturb the quiet, comfort and repose of a reasonable person occupying any residential use." It is recommended that sounds that will emanate from enclosed areas be regulated by the objective noise standards in the Ordinance. It is also recommended that subsections C through G in Section Seven be deleted because those provisions are redundant to similar provisions in subsection (F) of Section Six, as amended by this Ordinance. 12. This Ordinance deletes the grandfathering exemption, which applied only to each site specific industry or business that was established prior to February 23, 1990 (the effective date of the Ordinance No. 90-17) and the respective industry or business, when originally established, was not adjacent to any residential use or zoning, but, prior to February 23, 1990, became adjacent to residential use or zoning because of rezoning or development of adjacent residential property. 13. This Ordinance provides for a delayed effective date of July 1, 2000 to grant sufficient time to purchase the testing equipment needed to test octave bands, to test vibrations, and to train staff to be competent in use of the new testing devices. FISCAL IMPACT: The estimated cost to purchase additional testing equipment needed to enforce the proposed Ordinance, as amended, is $13,850 (three meters at a cost of $4,385 each, plus associated sof~ware). The County's consultants estimate that the total cost to train employees in the proper use of all new testing equipment is $12,500, including preparation of training manuals. Therefore, the total estimated costs are $26,350. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners consider adoption of the proposed Ordinance to amend the County's Noise Ordinance, No. 90-17, as amended. SUBMITTED BY: {fV~ ~ ~'~ DATE: ~-' ~ ~ Thomas C. Palmer, Ass'tyouny Attorney David C. Weigel, 4 AGENDA ITEM -,, NO. ~ NAY 23 q ORDINANCE NO. 2000- AN ORDINANCE AMENDING SECTION SIX OF ORDINANCE NO. 90- 17, AS AMENDED, THE COLLIER COUNTY NOISE ORDINANCE; BY AMENDING TABLE I, A-WEIGHTED NOISE LEVELS; ADDD~G TABLE II OCTAVE BAND MAXIMUM ALLOWABLE SOUND PRESSURE NOISE LEVEL LIMITS, TO BE TESTED BY OCTAVE BAND ANALYSIS; ADDING VIBRATION STANDARDS APPLICABLE TO VIBRATION EFFECTED RESIDENTIAL AND TOURIST RESIDENTIAL SITES AND UNITS~ ALSO AMENDING SUBSECTION D BXLATED TO MULTI-FAMILY DWELLING UNITS; AlVlXNDING SUBSECTION SIX (F) REGARDING REGULATED MUSIC AND AMPLIFIED NOISE FROM NON-ENCLOSED AREAS; DELETING SECTION SEVEN RELATED TO AMPLIFIED SOUND FROM ENCLOSED AREAS; DELETING THE GRANDFATHERING EXCEPTION OF SUBSECTION N OF ORIGINAL SECTION SEVEN, AS AI~ENDED AND PREVIOUSLY RENUMBERED AS SECTION EIGHT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR A DELAYED EFFECTIVE DATE. WIIEREAS, with regard to noise emitted from any use or activity at any industrial, manufacturing and/or commercial facility, Section Six of Ordinance No. 90-17, u amended, (th~ Collier County Noise Ordinance) heretofore applied only to each such f~cility lee&ted within 1,000 foot ofpropmias in commercial, tourist, and/or residential use or zoning; and WHEREAS, the Board of County Commissioners hereby detennines that it is in the best interests of the public health, safety and welfare that continuous, intermittent, impulsive and/or other man-made noises generated by industrial, manufacturing and/or corameroiai facilities shall not be limited to facilities within 1,000 foot of any property in residential or,tourist rcsidential use or zoning; the 1,000 foot distance is not relevant ~ccept to detmmino facilities that will require an annual pea'reit for live performance music and/or amplified sounds emanating from or throush such non-enclosed areas; and WHEREA.q, regarding noise emitted from industrial, manufacturing and/or commercial facilities, Section Six of Ordinance No. 90-17, as amended, consider the harm~ and/or annoying characteristics of specified heirs although such characterizes vary according to the frequency range (octave bend) of the offending noise,(s); and WHEREAS, the Board of County Commissioners dctmminos that it is in tim best interests of the public health, safaty and welfare that potentially offending sounds be tested by octave band analysis according to provisions eli new Table II being added to this Ordlnsncc; and WHEREAS, the Board of County Commissioners determines thai it is in the best interests of the public health, nfety, Lmt welfare Io prohibit it residential and tourist remidantial sites and units, specified vibrations from industrial, tmnufacturing end/or commercial facilities; and WHERKAS, Section Saran of Ordinance No. 90-1 ?, which applied to amplified sounds from enclosed arm, and most provisiora of which are redundant of many of~he newly amended provisions in Subsection F of Pan SIX, is being deleted. NOW, THEREFORE, BE IT ORDAINlID BY THE BOARD OF COUNTY COM1VIISSlONERS O]r COLI.I!~.R COUNTY, I~ORIDAt that: SECTION ONE. AMENDMENTS TO SECTION SIX OF COLLIER COUNT'/ ORDINANCE NO. 90.17, AS AMENDED. Section SIX of Collier County Ordinance 1%1o. 17, as amended, is hereby smanded to read as follows: SECTION SIX. MAXIMUM PERMISSIBLE SOUND LEVELS. A. in the Ordinance, the following clusific~tions shgt-&pply. Words un .&rl,ncd are added; wolrds ~ L-C 4 Clnssific~tion or Use Occupancy. For the purposes ofdefininS"uso occupancy" AOENDA [rE~ MAY 2 3 21][]0 All prcmises containing habitually oc~upi~ sleeping quarters shah be considered residential use. Premises containins transient commerc~l sleeping quarters shall be considered tourist use. All premises contalnil~ business where sales, professional, or other commercial use is lelyally permitted shall be cotuidered corninertial use. All pr~rnises where manufacturing is legally permitted ~ lm considered manufacturing use. Nursinl~ homes, hospitals, schools. libraries and church uses shall be considered residential uses. Actual use(s) ofthe sound-affected site or unit bein_~ tested shall supersede th~ zonin_u classification of the site and tn in cases of multiple usei, the ~.;:; most restri~ve actual use ;a:~c,:-i shall ~ supersede and control th~ zonin_o classification a_u_niicable to the site or unit. Eadl ,*,=y ~-~. sound-affected site not otherwise classified any. shah conform to commercial sound,level standards. 11. Maximum Permissible Sound and Vibration Levels by Zonlnn Classification or Use O¢cupan~j. 2 Words undorlin~d aro added; words saidamthi,~sgh ar~ dtJeted. No noise shall violate any noise standard provision of this Ordinance unless th~ offendin_~ noise exceeds the then =xistin_u ambient noise level ~I 0l~ time and _niece of the testing by at Isest five (5) decibels. No person shall operate_or cause or suffer to be operated any source of sound from any use occupancy in such a manner as to create a sound level ~i~er applicable adjustments. if any. which exceeds the limits set forth for the use occupan~ cateliory in Table 1 or Table II. for any minimum part of c,f.-..;:= '~-.,.: ',~,= ~:;.~.':'. ;,f any measurement period, which m--asurement period shall not be less than sixty seconds. Sounds should be wlma measured ~.: ~,.- beyond the property boundary of the sit~ or unit k.~, from which the sound emanates. or at any sound-affected site(s) or unit(s) that the tester deems to be most appropriate. Test ~o_ui_oment shall be placed at [ hei_~ht at least three (3) feat above the _uround and at least four and half (4 ~A) feet away from walls. barriers. obstructions and any other ~ound- reflecti~ surfaces that mi_aht destroy the validity oflb~ test measurements. If a complaint arises from a multi-story structure, the sound level meter measurement may be taken at the sound-affected site or unit to,ties from which the complaint originated. All times are standard or dsyli_nht savin_ns as then applicable. The standard(s} to be a_u_olied shall be the standard(~) and/or tabldsl that result in th0 lowest sound level that violates this Ordinance. For testin_u .~urposes under Table I. the A scale levels (slow f0sponse) test standards may be used for sound levels that are tifh,-three f.53) dBA or louder. Table I sound levels that are lower than the fifty-three {5.}) dBA and all testing_ under Table H shall be tested by octave band test analysis. An "octave band" is a ran_no ofwund frequencies divided into o~t~ves to classifs/sounds eccordin_s to pitch. If the measured difference' betwean the applicable ambient noise and the offendin_n sound level is (5) decibels. each offendin_~ sound reedin! shah be reduced by two (2) decibels. If such measured differen~ is from six (6) t0 ei_uht (8) decibels. the offendin_u sound readin_~s shall be reduced by one (1) de~'bel. If such .l.~easured difference is nine (9) decibels or more. the offendin_n sound MAY 2 3 2000 pg. /, .... reading_ should not be adjusted ba~d upon the differ_e~__c._.. Refer tr~ sub~xtion (3) (C}. below, TABLE I Ionlng/Ott ~ Hm~ o£ Dav or Ntlkt Sound Level ~ st toession o£ .Rz~dzntial 7:00 a.m. to 10:00 p.n~ 60 ~ A~er 10:00 p.m. to 6:59 a.m. C~4 47 Commercial or tourist,-m6thia 7:00 a.m. to 10:00 p.m. 60 58 "~"' ~..... : --':- ARzr 10:00 p.m.'to 6:$9 a.m. ~-S 52 --~---: ...... -:'- 7:~'2'~, :..~ ~ '.,n:~'Y2 p..-... 6-5 Man~g or industrial Xt all titans 75 Agricultural Zoning At all times 75 Words underlined arc _a44ed; words m~ are d~lctr, d. Table II. below. applies only to all sound-affected sites or units in residential. tourist residential. or commer~'ial use or go_nin_o. The roo_uirf-d five (53-dec~"oel difference between the ambiant noise l~el and tb~ offending noise applies to ~very_ octave band. Table II a~lies to sou~d, emitted fi'om any sin_ale industrial. manufacturing and/or commercial plant filciliw, operation or proca.a. or any combination(s~ thereof. Provided offending_ sound exc, eeda the ambient noise level by at least five decibels. it is a violation of this Ordinance when any such sound Jl can~ed or suffered by an_v such non-exempt faoility, non-~m_nt entity_ or non- exempt activity_ to exceed the maximum d~'l~al level of Table I. or any or more anplicable octave band(s) in Table IL by applying the followio_~ standards. as applicable: ANSI Standards: S 1.1- 1994 (ASA 111) (Acoustical terminolo_a,y_ ): $1.4 -1983 (ASA 47) {Specifications for sound level metersl: ANSI S 1.4A-1988 (Amendments to S 1.4-1983'): ANSI S 1.6-1984 (1990) (ASA 5]) (Standard preferred frequencies. fre~u_ enoy levels and band numbers for acoustical mcasurementsi: ANSI $1,11 - 1986 _(R1993) (ASA 65) $p~aificatiuns for octavo-band and fractional- octave band analog and distal filters): S 1.12 - 1967. _a~.1986) (Specifications for laboratory_ standard microphones): ANSI S 1.13-1971 (R19861 (Measurement of sound pressure levelsl: ANSI S 12.4 1986 _(R1993) (ASA 630) (Assessment of hi_ith-energy impulse sounds with respect to residential communlties/: ANSI $12.7 1985 (R199~) (ASA 62) (Measudn_a impulse noise): ANSI S 12.9-198S/Part 1, (R1993) (ASA 76) CEnvironmentsl sounds. Part 1): ANSI S 12.9 - 1992/Part 2 (ASA Environmental sounds- Part 2. and measurement of lung-tenn. wide-area sound}: ANSI S !2.9-1992/Part 3 (ASA 109) _(Environmental sound. Part 3. short-term measurement with an observer _l}r¢~t); AN [ S 12.18-1994 AGENOA MAY 23 2000 CASA 1 I0) (Outdoor measurement of sound pressure lavels~: ANS! S ]~,40-1990 (ASA 811) I'D~cri_mors for determination of compatibility- 1,~1 u~e - (.revision of ANSI S3.32-1980~. Because tlu~ standards mu~t be ui~- dated fi'om time-to-time. these standnrd. may ba up-datnd by resolutiona of the Board of Coun~ Commissioners ~nr public hearinn thereo~ inc, ludin_a t1~ su~ ~encht. Appl_vin~_ Table H. the ni_ahttime hours are each day ~'om 10:00 p.m. until 7:00 a.m. the followin~_ momin~_. Any such sound which tests to be in mmeu of say such aound-aR~'md sitn-m~ifio n~oplicehle resultant value ~ a~r applyin_n all an_ pliceble dt~-m_ ncifi~ impulse noise and/or pure tone ed_iustments - abtll be a violation ofthia Ordinance. TABLE H- OCTAVE BANDS l~Lx-imum Soumi Pressufo Decibel L~vels - Dn_vtime and Ni_thttime Steady Noise From Industrial. Manufnc.~urin_u_ and/or Commercial Plant, Facility. Operation or Protoss. Octave Ba~d Center Fr~ Residential and Tourist Commercial Sound- H~ Residential $ou~l-aff~ affe.~ed M~ or 63 Da~e 62 - ~,~ 56 D,~ 67 - Nish~ 61 125 D.~c ~9 - ~o ~3 'Da~ ~ -~o 58 250 Da~o 55 - ~l~e 4~ 'De~e 60 - ~l~e 54 500 Da~o 51 -~1~e 45 Da~e 56 -~e 50 1000 Da~o 46 - ~l~ime 40 Da~e 51 - ~l~e 45 20~ Da~e 42 - ~8h~e 36 Da~e 47 -Ni~e 41 4~0 Da~e 39 - ~ght~e 33 Da~ 44 - ~sh~e 38 8~0 Da~o 35 - ~lghttime 29 Da~e a0 - ~l~e 34 Ref~ to "Ch~er of Sound ~ius~ents" in Sub,etlon f3) (C~ her~nbeiow. Vibrations Emanatin- from Industrial. Manufacturinn or Commercial Fe¢~!!w_. Vibrations are not noise limits. Is a violation of this Ordinance to operate. permit. or in!~er operation or use of lay industrial. manufecturin_~_ and/or commercial device. facility. operation_ or process an_vwhere in unincorporated Collier County that ceuse~ any vibrations which Oxceed the applicable diplacement(s) in inches specified in Table IH. below. at the property_ bcamdar~_ o~ or 1,!~thln any vibration-effected site or unit in residential or tourist residential use or zonin_e in tinincorporated Collier County. Ste,~dy State Vibrations are continuous 0r those that occur in discrete pulses more ~roquenfiy than one hundred (100) vibration~ per minute. Diaorete pulses that do not exceed one hundred/100) impulses per minute must not cause displaoomeat in excess ofrwioe the applicable wluds) in Table IH. Impact vibrations occur in discrete pulses which are ~eparatod by a time interval of at leant one (1~ n~nute and w~ich occur no more than ei_eht (ill times in any twenty-~ur (24) hour period. The~e vibration r _e~ulations do not apply to a~tivities conducted pursuant to. and to the extent authorized by. blasting pennit(s) issued by Collier Coun _tV. 4 Words underlined are .___d,~__; word~ sa4drm-tasm~ are AOENDA ~ MAY 2 3 2000 TABLE llI Fre~_u~y_ of St~ly State Vibr~on Disola~ment Cycles P~r Second. Inches Frequan~ Oflmp~ Vibration Displa~nent I~u than I0 .0004 10 through 19 .0002 ~0 through ~9 ,~l ~0 t~ou~h 39 ,~1 40 ~ouO 49 ,~1 5~ and ov~ .~1 Less tl~n 10 .0006 lQthrough 19 .0003 20 through 29 .0002 90 throu~ 31~ ,0001 40 through 40 .0001 50 and over .0001 a. A three (3) component meamring ~stem shall be used to me~mre vibratiora. The !ystem me~mres earth borne vibrations in three (3) dkections. each 9fwhich occur at right angles to the other two. 13, The following standards shall be used. as anplicable. to measur~ vibrations: ISO-2631-1 flVIechenical vibration and shock - 9yaluatioil of human e~_ osure to whole t~od_v ,n%ration't: ANSI ~ :],2-1959 (K 1990) [Cal~ration of shock and vibration pickups): ANSI S 2.61 - 1989 (ASA 7~) {Mechanical mounting ofacc~lerom~ters): ANSI S 24.2][ - 1957 (R1989) (Characteristics of shock and rs%ration measurements). Because these standards must be up-dated from time-to-time. these standards may be u.mdatM bv resolutions of the Board of County Commissioners at~er public hearing thereon. including the summary_ a_aenda. Correction for Character of Sound. 1. '~ .............~ .....~ "'~':~' --:" ' For each sound that is a steady pure tone, the maximum sound level limits set forth in Table I and Table II shall be reduced by five [511 dBA. This additional five (51 de~bel restriction ap_~lies only to sound-affected sites or units in residential or tourist residential use or zoning. 2. For any sintree-el non-repetitive impulsive sound which is of'short duration with an abrapt onset, the maximum sound level limits set forth in Table I and Table l[ shall bc increa~d bytes (10:) dBA from 7:00 a.m. to 10:00 p.m. This allowanc~ applies to all sound-affected site,, and units. ;}, From only 10:00 p.m. until 7:00 a.m. at a sound-affect~l site or unit in r~sidential or tourist residential use or zoning. the maximum noise level for r _e~titive impulse noise - six 1:6'} or more impulses in any sin~e hour - shall be s~on (7) decibels lower than the Table I and Table H steady noise values. D. Multi-family Dwellings. In the case of multi-retail. ' y dwelling units in residential ~ it ~ be _a violation of this Ordinance _ __.~,~ to create. or permit to be created, or suffer any noise. including annually permitted liV~ performance music or amplified sound. that ~xcaads fiffy-threc (53~ C~O dBA during the hours betwr~.a 7:00 a.m. to 10:00 p.m., or 4-$ forty_ [40) dBA between the hours of 10:00 p.m. and 7:00 a.m. daily, measured fram inside the sound- affected :. r, righ,ke, r'; dwelling unit wi',hin the respective ~ multi-family dwelling structure uniL g. Construction Noise. No person shall operate, or permit to be operated, any power driven consinaction equipment without a muffler or other noise reduction device at leatat as e. ffoctive as that recommended by the manufacturer or provided as original equipmare. Constraction equipment that must be operated near a residenttally zoned area on a 24-hour per day basis ('i.e., pumps, well tips, 8eaerators, etc.) shall be shielded by a barrier to reduc~ the noise durinS the hours of 6:00 p,m. to 7:00 a.m. unlw the ~ns_hielded noise 1ovel is leu than 55 dBA, measured at the closest adjae~ access~le place for testing sound-receivin_= residentJelly zoned or used properth/line. It. Annual Permit for ~ l~[]/g.~If~ Music and/or Amulifi~l Sound from non-enclosed areat within 1000. feet of · l~identlal Use Occupancy or Zone. 1. No Aay person. business ~tablisiunant or other entity shall ceun,,. eeasi..~ or ~.'~.:.~ ~. ~ ~" n0a-ampli~ allow or suffer live p~rmance mu~ or ~ny tm~!ifi~.~ sound to ~man~t~ from · ~ non-en~osed area within ~ comn~'cla~ or tourist ~ use oc~pancy or zon~ and any pan of the non-onclosed af~ is within 1,OOO feet o£a resid~ugal use o~cupan~, or zon~ befo~ ~ obt~il~ from the County an annual penn~t in aocordanc~ with '" ....~:': .......-"~-~ ........ ~. ..... -:--- paragraph 3, below, No luch annual permit shall be issued for live performance music or amplified sound ('mctudin_g amplified music~ to emanate from any Jite or unit in residential use or zoning. 2. "' .....':=-" ....:- Live oerformance music or amt)lifiM sound emanating from or.tJg.(~ a non-~aclosed area for which an annual permit ia r~iuirM and is obtained shall not exceed 60 iTfiy-three (53) dBA between the hours ofg:00 a.m. and 10:00 p.m. and shall not exceed 66 forty-svven (47) dBA bstween tho hours of 10:01 p.m. and 8!59 ·.m, when measured a~ or inside the proprzty boundary ~.£'.~ w ~'-...~.~'--' of property in residential use or zoning: and shall be f~_ -=i_~ht (58) dBA between 9:00 a,m, and I0:00 p.m.. and fi~y-two (52) dBA hotween 10:01 p.m. and 8:59 a.m. when measured at or inside the boundary_ ore mund-affect=d site in tourist flaidential or commercial use or zoning, In all other inet·heeL Table I and/or Table II noise standards apply, 4~ 3. Prior to annual pc~t issuance, an appli~tion ~all be ~ed contai~n~ all o£the fallowins information:. I. Name an~l mallin_o address ofapplicent; b. Name and address of business or establishn~nt where ~ _oerformanc~ musia and/~r amplified sound will emanate ~ from or through any non-enclosed area: c. Description of the applied for non-enclosed ar~a and th~ event~l for which live performanc~ music or alnplified sound will emanate ~om b~ ---'~ .... '~ the annually permitted non-enclosed area: (e.g., dinner hour, happy hour, daytime, ~ eveninS or weaksad entertainment, d. Describe all hours during any twenty-four hour p~riod durin8 which such live performance musi~ or amplified sound will erosaais. bs 6 Words I~nd~rl~ am added; words minl~4hl~h ~ deltaid. AC NDA ITEM. NO. MAY23 2000 pg. I n t. CaJendar year for wh~ the annual permit Fte hr Annu~ P~ft. A fo~ dofi~ (~0.~) fn eppE~ st ~e ~ of~pli~on for ~ ~u~ Dom J~u~ 1 t~ou~h D~b~ 31. There ~ epplicetion f~. Those ~s may ~ ~ ~om Rc~lution(i) the Bo~d of Coun~ Co~fiion~!, Violation of Annum Pemit for ~ ~ve P~omance Muaic and Amulifled Sound. ~y ~aon ~o~ ~ bu~ ~bEs~cnt or o~ enfi~ ~ ~ ~ or ~1ow~ ........ ~uElv p~ Hvo p~o~ muMo or ~M!v sound to ~sto ~om ~v ~u~ly p~ non~o~ 'x~'~:~: ....... :~ -- .-'~. ~ that ~a ~ ~ be in ~olafion of~e ~u~ ~t ~ of~a Order. noi~ lov~ ~or po~z t~of-~y or oth~ u~t r~fi~ion ~o!~io~ may ~timte a ~p~ate o~ ~ d~id~ hy the ~r~ment fo~ in th~ apecifi~ e~or~ent Enforcement of Annu~ ~it. V~olatioM of~o ~u~ e~orc~ ~ accord~ ~th ~he pro~aio~ of Section Tw~[vt SECTION TWO: DELETION OF SECTION SEVEN. Section Seven of Ordinance No. 90-17 (creat~ by Section Four of Ord}nance No. 93-77) is he~oby deleted. !' 7 Worda underlin~ m added; words AOENDA ~, MAY 2 3 2000 Pg. Words und~linod m ~ word~ ~ ar~ d~m~L MAY 2 3 2000 pg. ~ ~ SECTION THREE: DELETION OP SUBSECTION (N) OF SECTION SEVEN, AS AMENDED. Subsm~tion N of Section Soytin "Exceptions" of Ordinance No. 90-17, (u ~mended and r~aumbered to be subsection M of S~ion Eisht by Ordinance No. 93-77) and codifi~i as Subsection (13) of Sec. 54-87 of the Code of L~ws mat Ordinances, is hereby deleted. SECTION FOUR. CONFLICT AND SEVERABILITY. Tim prov/.iona of this Ordinance ~ be h'ber~lly construed to affectively carry out it~ purpo~ in the interests of public health, safety, we!flu-a, ~d convenience. In the ~veat this Ordinam~ conflicts with any other ordinance of Co!liar County, this Ordinance shall prevail. If any section, phrase, seinenee or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be demn~i a $epsrste, distinct, and independent provision, and such holding shall not nffect the validity of the rnmainin~ portions thereof. SECTION FIVE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provMons ofthi~ Ordinance shall become and be nuLde a pm of the Code of Laws and Ordimu~es of Collier County, Florida. The secttoni of the Ordinance may be renumbered or relettered to aocompliah such, and the word "ordinance" may be changed to "~.~don", "article", or any other appropriate word. SECTION SIX. EFFECTIVE DATE - DELAYED. This Ordinance shall become effective on the I'* day of July 2000, subject to filing with Florida's Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA_ By:. By: Deputy Clerk TIMOTHY J. CONSTANTINE, CHAIICMA~ Approved u to form and legal sufficiency: Thc~mu C. Palmer, Assistant County Attorney 9 Words und~Aned am added; words NO, t~(c ~{o~'~ MAY 2 3 20IX) EXECUTIVE SUMMARY PETITION: CU-99-3, MR. KEVIN MCVICKER OF PHOENIX PLANNING AND ENGINEERING, REPRESENTING THE JON & SONYA LAIDIG FOUNDATION, REQUESTING CONDITIONAL USE "16" OF THE "A" AGRICULTURE ZONING DISTRICT TO ALLOW FOR AN ASSISTED LIVING FACILITY (ALF) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF DAVIS BOULEVARD (SR-84) AND CROWN POINT BOULEVARD WEST, IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, coLLIER COUNTY, FLORIDA. [COMPANION ITEM: PUD-86-6 (1)l OBJECTIVE: The applicant is seeking to obtain a conditional use to allow for the development and operation of an Assisted Living Facility (ALF). CONSIDERATIONS: The subject site currently contains a nursery, garden store and fruit stand. The petitioner is now proposing to develop a 185-unit Assisted Living Facility that is comprised of 75 assisted living units, 100 nursing care units and 10 independent living units on the subject 8.04-acre site. This facility will also provide housing; food service and personal services including limited nursing care. The conceptual site plan indicates that the proposed structures will not exceed the maximum allowed Floor Area Ratio (FAR) of 0.45 as provided for in Section 2.6.26.1 of the Land Development Code. Furthermore, the proposed ALF is less than fifty (50) percent of the maximum allowed FAR. The existing nursery and garden store is located on 8.04-acres that is split between approximately 4.6 acres zoned Agriculture and 3.4-acres that lies within Tract "A" of the Loch Ridge PUD. Since the Loch Ridge PUD is built-out, the Agricultural zoned portion of the ALF site could not be incorporated into the PUD since that action would require the preparation of a new PUD document for the entire PUD on lands that are already built-out. Therefore, a conditional use is deemed to be the more appropriate process for the Agriculture portion of the ALF site along with a minor amendment to the Loch Ridge PUD that adds an assisted living facility as a permitted use within Tract "A" [See Companion Item: Petition PUD-86-6 (1)]. Lastly, the conceptual site plan for the conditional use indicates that the proposed ALF structures are consistent with the applicable development standards as described in the Analysis section of this report. The traffic impact review indicates that the proposed ALF will generate approximately 430 trips per weekday and 35 trips during the peak hour versus 500 trips for the existing nursery/garden center facility. Because of the low trip 'rate for the ALF, the difference in site generated trips between the proposed ALF and the existing use will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Davis Boulevard (SR-84) fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any roadway segment within the project's radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE also classifies this segment of SR-84 as a 4-lane road with a traffic count of 17,159 AADT that results in LOS "A" operation. As a result, no road improvement is required. Based on this data, this petition is consistent with the Policy 1.3 of the TCE. PRO/CONS: The list below provides a summary evaluation of the criteria that are specifically noted in Section 2.7.4.4 of the LDC. This requires staff evaluation and comment, and is used as the basis for a recommendation for approval or denial by the CCPC and the BCC. PROS The subject site has adequate frontage for the required turn lanes on Davis Boulevard. This access should not adversely impact traffic flow and is considered to be an optimal location in terms of traffic safety. In addition, due to the low traffic volumes generated by the project and the clear site distance on SR-84, the proposed access should operate adequately. · The project's ingress/egress is designed to restrict through traffic from SR-84 to the local residential streets and therefore should have no impact on the residential neighborhood. The proposed ALF provides a personal care program that offers assistance with a number of "indoor activities of daily living" for members of the facility. Therefore, it is unlikely that glare or odor will be produced by the proposed ALF use at a level that exceeds the impacts that are currently generated by the nursery/garden store facility. Since the subject site is currently developed with a nursery/garden store and fruit stand, the proposed ALF will reduce the traffic impacts on the adjacent road system. The proposed use is also expected reduce the amount of noise, glare, and odor effects compared to the existing uses. · An ALF essentially functions as a residential land use. The size and scale of the ALF is comparable with the type of multi-family dwelling units that are permitted in the Loch Ridge PUD. · The proposed main structure is designed around a lake to improve the buffer and increase the setback from the adjacent residential properties to the south and east. CONS: · Temporary noise and odor may result to neighboring properties during construction of the proposed building. The surrounding properties to the south and east are developed with one and two story dwellings. As a result, the proposed 3-story AFL structure will be taller than these residential structures. However, the ALF has been located in the northern half of the site with a lake in the southern half to mitigate the visual impacts on these adjacent properties ........ ~,,. q~_~_ .......... FISCAL IMPACT: This project by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Park Impact Fee: Libraries Impact Fee: Fire Impact Fee: Correctional Facilities Road Impact Fee: Radon Impact Fee: B.C.A.I. Impact Fee: EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $0.0390 per square foot $455 per dwelling unit $0.005 per square foot under roof $0.005 per square foot under roof $43.00 per 1,000 square feet The total amount of impact fees for the ALF/skilled nursing uses is approximately $95,850. 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 xvill 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 valorurn tax rates. The revenue that will be generated depends on the value of the improvements. 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 or enhancements to raise the level of service. 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 site is currently designated Urban Mixed Use, Urban Residential on the Future Land Use Element (FLUE). A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 dwelling units per acre. The project is also located within the Traffic Congestion Area that reduces the density to 3 units per acre. However, the Urban Designation will also accommodate future non-residential uses such as essential services. Other permitted non-residential uses may include: community facilities, churches, school, day care and assisted living facilities (ALF). As a result, the petitioner is requesting conditional use approval to construct 100 nursing care units, 75 assisted living units and 10 independent living units. Because the ALF is a non-residential use, the intensity of use is limited to a maximum floor area ratio (FAR) of 0.45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed 54,500 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. 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 CU-99-3 subject to the conditions of approval that have been incorporated into the resolution of adoption. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Since this 8.04-acre site is currently developed, this petition is not required to be reviewed by the by the Enviromnental Advisory Council (EAC). In addition, the Community Development Services Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the Land Development Code. Their conditions of approval have been incorporated into the resolution of adoption. This includes the requirement that the all-exotic vegetation shall be removed from the entire site and that the property owner shall be responsible for annual exotic removal. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition during their May 4, 2000 public hearing. By a 5 to 1 vote, the CCPC recommend to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staff stipulations contained in the resolution of adoption, which included the elimination of the secondary access point onto West Crown Point Boulevard that was agreed to by the petitioner. The five Planning Commissioners that recommended approval determined that the proposed assisted living facility is compatible with the surrounding residential areas while the one vote in opposition was in response to a concern raised by an adjacent resident concerning the proposed three story main building, therefore, this petition could not be placed on the Summary Agenda. 4 RAY 0%LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED RONALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION /~/., PUANNING SERVICES DEPARTMENT APPROV(~__~ ~ '~.'. VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMMARY/CU-99-03/RVB/rb DATE DATE DATE DATE 5 :. MEMORANDUM TO: COLLIER COUNTY PLANN1NG COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: APRIL 3, 2000 PETITION NO: CU-99o3, ASSISTED LIVING FACILITY (ALF) COMPANION ITEM: PUD-86-6 (1) OWNER/AGENT: Agent: Mr. Kevin McVicker 1786 Trade Center Way #2 Naples, Florida 34109 Owner: Jon and Sonya Laidig Foundation Jon Laidig, President 1786 Trade Center Way #2 Naples, Florida 34109 REQUESTED ACTION: To obtain conditional use "16" of the "A" Agriculture Zoning District per Section 2.2.2.3 of the Land Development Code to alloxv for an Assisted Living Facility (ALF). GEOGRAPHIC LOCATION: The site is located on the Southeast comer of Davis Boulevard (SR-84) and Crown Pointe Boulevard West in Section 7, Township 50 South, Range 26 East. (See iljustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to replace an existing nursery and garden store with an Assisted Living Facility (ALF) that provides a total building area (under roof) of 54,500 square feet. The proposed ALF will consist of 100 nursing care units, 75 assisted living units and 10 independent living units. This facility will also provide housing; food service and personal services including limited nursing care. The conceptual site plan indicates that the proposed structures will not exceed the maximum allowed Floor Area Ratio (FAR) of 0.45 as provided for in Section 2.6.26.1 of the Land Development Code. Furthermore, the proposed ALF is less than fifty (50) percent of the maximum allowed FAR. The existing nursery and garden store is located on 8.04- acres that is split between approximately 4.6 acres of Agriculture land and 3.4-acres within Tract "A" of the Loch Ridge PUD. Since the Loch Ridge PUD is built-out, the Agricultural zoned portion of the ALF site could not be incorporated into the PUD since that action would require the preparation of a new PUD document for the entire PUD on lands that are already built-out. ./' GREEN THUMB ACLF d~ ONINOZ I o', oh I ONINOZ ........ :NOIS ~J ISVq "' Therefore, a conditional use is deemed to be the more appropriate process for the Agriculture portion of the ALF site along with a minor amendment to the Loch Ridge PUD that adds an assisted living facility as a permitted use within Tract "A" [See Companion Item: Petition PUD-86-6 (1)]. Lastly, the conceptual site plan for the conditional use indicates that the proposed ALF structures are consistent with the applicable development standards as described in the Analysis section of this report. SURROUNDING LAND USE AND ZONING: Existing Conditions: The site as indicated below is currently developed as a Landscape Nursery and produce stand. The ALF site is also zoned Agriculture and the Loch Ridge PUD. Surrounding: North - SR 84 and developed residential; Zoned: Osprey Landing PUD. East - Developed residential; zoned: Crown Point East PUD. South ~ Developed residential; zoned: West Crown Point PUD West - West Crown Point Boulevard; zoned: PUD. It should be noted that the subject site is adjacent to and near several other residential gated communities that are comprised of single and multi-family dwelling. This includes a multi-family development located across SR-84 (Photograph #1) and single family within the Moon Lake Development (Photograph #2). The adjacent property to the east is a multi-family tract of the Crown Point community (Photograph #). Lastly, there is an assisted living facility (ALF) that is currently under construction on Tract "B" of the Glen Eagle development, which is located approximately a half mile east of the subject site. Picture #1 Picture #2 Picture #3 2 ,~. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP). The Land Development Code establishes a procedure that may result in approving a development order for an assisted living facility in the agricultural zoning district. Consistency relationships with applicable elements of the GMP are as follows: Future Land Use Element: The site is currently designated Urban Mixed Use, Urban Residential on the Future Land Use Element (FLUE). A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 dwelling units per acre. The project is also located within the Traffic Congestion Area that reduces the density to 3 units per acre. However, the Urban Designation will also accommodate future non-residential uses such as essential services. Other permitted non-residential uses may include: community facilities, churches, school, day care and assisted living facilities (ALF). As a result, the petitioner is requesting conditional use approval to construct 100 nursing care units, 75 assisted living units and 10 independent living units. Because the ALF is a non-residential use, the intensity of use is limited to a maximum floor area ratio (FAR) of 0.45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed 54,500 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. Traffic Circulation Element: The traffic impact review indicates that the proposed ALF will generate approximately 430 trips per weekday and 35 trips during the peak hour versus 500 trips for the currently nursery/garden center. Because of the low trip rate for assisted living units, the difference in site generated trips will result in a reduction of approximately 70 trips per Weekday. As a result, the site-generated trips will not exceed the significance test standard (5 percent of the level of service "C" design volume) on Davis Boulevard (SR 84) fronting the project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D" standard on any roadway segment within the project's radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (ICE). The TCE also classifies this segment of SR 84 as a 4-lane road fronting the project. The current traffic count for this segment is 17,159 AADT that results in LOS "A" operation. As a result, no road improvement is required. Based on this data, this petition is consistent with the Policy 1.3 of the TCE. Lastly, because the main access point to the proposed facility is from Davis Boulevard (SR-84), approval of this access point is required from the Florida Department of Transportation. A secondary access point is also provided from the northwestern corner of the property to Crown Pointe Boulevard West. Other Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. 3 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. As a result, no Historical/Archaeological 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 appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department. Since the site has been p{eviously cleared, no Environmental Impact Statement (EIS) is required. The Environmental staff has reviewed this application and has recommended the following conditions of approval. An appropriate portion of native vegetation shall be retained on site as required by Section 3.9.5.5.4 of the Land Development Code. An exotic vegetation removal, monitoring, and maintenance plan for the site shall be submitted prior to site development plan approval. 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 PUD. Lastly, the Transportation Department has recommended approval subject to a right turn lane at the project entrance on Davis Boulevard and modifications to the existing median opening on Crown Pointe Boulevard West. ANALYSIS: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. The Planning Commission to the Board of County Commissioners shall use these criteria as the basis for recommendation of approval or denial. Each of the potential 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 professional opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. a. Consistency with this code and Growth Management Plan (GMP). Pro: The subject site is designated Urban Mixed Use in the Future Land Use Element (FLUE) of the GMP. This district permits non-residential uses; essential services and community related uses such as an assisted living facility (ALF). Con: None. 4 bo Summary Conclusion (Findings): This petition is consistent with the FLUE to the Collier County GMP. The proposed use is authorized in the Urban Mixed-Use designated areas and is permitted in the Agriculture district as a conditional use. Because the ALF is a non-residential use, the intensity of use is limited to a maximum floor area ratio (FAR) of 0.45 times the area of the property as required in Section 2.6.26.2.1 of the Land Development Code. Since the proposed 54,500 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: (i) The project's primary ingress and egress will be from Davis Boulevard (SR-84). Since the site has adequate frontage for the required turn lanes, this access will not adversely impact traffic flow and is considered to be an optimal location in terms of traffic flow and safety. A secondary access point is proposed from Crown Pointe West (ii) Due to the low traffic volumes generated by the project and the clear site distance on SR-84, the proposed access road should operate adequately. Con: Intensifying the traffic condition and emergency service vehicles on SR-84 resulting from this project may at times give rise to inconveniencing neighborhood residents. Summary Conclusion (Findings): Based on the access design, the projects proposed entrance should operate adequately and with an acceptable level of safety. Approval of the access shall be required from the Florida Department of Transportation. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (i) The differences in traffic impacts of the proposed ALF use versus the existing nursery garden store will reduce traffic by approximately 70 trips per day. This reduction in vehicular trips will improve the impacts on neighboring properties in relation to noise, glare, economic or odor effects due to loxv trip rate for ALF uses. (ii) The proposed ALF provides a personal care program that offers assistance with a number of "indoor activities of daily living" for members of the facility. Therefore, it is unlikely that glare or odor will be produced by the proposed ALF use at a level that exceeds the impacts could be created by the existing commercial nursery. (iii)The change of use from a nursery/garden store will eliminate the use of pesticides and fertilizers that typicalty causes odor impacts on the adjacent properties. Con: (i) Temporary noise and odor may result to neighboring properties during construction of the proposed building. (ii) Temporary noise may result from emergency vehicles that may on occasion need to serve the residents of the ALF. 5 Summary Conclusion (Findings): The orientation of the proposed building is such that it is buffered from adjacent residential property to the south by a 15 foot Type "B" buffer. In the opinion of staff, the proposed ALF will have limited negative effects on neighboring properties in relation to noise, glare, economic or odor effects. d. Compatibility with adjacent properties and other property in the district. Pro: (i) An ALF is technically non-residential use, however, it essentially functions as a residential land use. The size and scale of the proposed ALF buildings are comparable with the type of multi-family dwelling units that are permitted in the Loch Ridge PUD zoning district. For example, the setbacks within this PUD requires a 25 foot setback from project boundaries and 15 feet from Crown Pointe West while the setbacks in the Agricultural District that are to be applied to the proposed ALF are far greater. The Agricultural setbacks require Front Yard setback of 50 feet; a 30-foot Side Yard setback; and a Rear Yard Setback of 50-feet. In addition the minimum floor area for the multi-family unit is 750 square feet while the Independent ALF units average 1,400 square feet depending on the type of unit. Therefore, the structure for the ALF is compatible with the adjacent developments.. (ii) The landscape buffer along the property line is consistent with code requirements. (iii) An Assisted Living Facility is more compatible with the adjacent residential uses versus the currently permitted nursery, fruit stand and garden shop uses. Con: The proposed AFL structure will be taller than the existing nursery structures. However, the architecturally designed facility meets the required setbacks of the Agriculture Zoning District. Summary Conclusion (Findings): The proposed use is compatible with the existing residential dwellings in the area since an ALF is essentially a residential land use. The proposed structure is architecturally designed to improve compatibility. Lastly, permitted structures within the Agriculture Zoning District limit the maximum height to 35 feet. This could allow the petitioner's proposed ALF structure at three (3) habitable stories. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-99-3 for conditional use (16) of the "A" zoning district to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staff stipulations. 6 PREPARED BY:~/ RAY/Y~'LOWS, PRINCIPAL P~ANNER ~.I[.oo DA~E CURR~ PLANNING SECTION ROBERT J.~~P~, AICP, DIReCtOR PLANNING SERVICES DEPARTMENT APP O . VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for May 4, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN STAFF REPORT/CU-99-3/RV B/rb DATE DATE DATE 7 · D 99 3 Petition No.: C U Commission District: Date Petition Received: _.....,,_,~_~ Planner Assigned: General Information ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) JON & SONYA L~TDIG FOrINr)A'PTOiXl Applicant's MailingAddress 1786 TRADE CENTER WAY #2 City - NAPLES ~ , State: FLORIDA Applicant's Telephone # ( 9 4 1 ) 5 9 6- 9 1 1 IFax # Zip '~4 ]-nq ,{941 ) 596-2637. Name of Agent KEVIN MCVICKER Agent's Mailing Address 1786 TRADE CENTER PHOENIX PLANNING ENGINEERING way ~2 City NAPLES State FLORIDA Agent's Telephone ~ (94~) 596-9111 Fax# (941) Zip 341 00 596-2637 COLLIER COUNTY COM1VIUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES,'FL 34104 PHONE (94I) 403-2400fFAX (941) 643--6968 APPLICATION FOR PUBLIC flEARING FOR CONDITIONAL USE ° 6/98 PAGE1 OF15 /~ ......... Complete the foilroving for all Association(s) affiliated xvith this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address NA City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip.. Name of Homeowfier Association: Mailing Address City State ~ Zip.__ Name of Master ,aLssociation: Mailing Address City Sate ~ Zip Name of Civic Association:NA ' ? M .ailing Address Disclosure of Interest Information: City Sate , Zip 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 pementage of such interest. (Use additional sheets if necessary). Name and Address JON & SONYA LAIDIG FOUNDATION Percentage of Ownership lOO~ APPLICATION FOR PUBLIC HEARINGFOR CQI~DITIONAL USE- 6/98 PAGE 2 OF 15 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 Go If the property is in the name;of a TRUSTEE,. list the beneficiaries of the trust with the per;centage of interest. Name and Address Percentage of Interest . 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 an~l Address Percentage 6f Ownership If there: is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDFTIONAL USE - 6/98 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, pa:mership, or trust. Name and Address Date subject property acquired_(.x) leased ( ): Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yr./mos. and date option h. Should any changes of ownership or changes in contracts'. for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental dis'closure of interest form. Detailed legal descriDti'on of the property_ covered by the. application: (:If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district.: Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineefts certification or sealed survey may. be r.equired. 7 Township: 50 S Range: 26 E Section: Lot: Block:: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: , SEE ATTACHED Sizeof property: 585 ft.X 577 ft. = Total Sq. Ft. 350222 Acres Address/general location of sub_iect property_: SOUTHEAST CORNER OF DAVIS BLVD. CROWN POINT BLVD. WEST 8:04 APPLICATION FOR PUBLIC HEARING FOR CONDrrlQI~AL USE -6/98 PAGE4 OF 15 /~ .... Adjacent zoning and land use: Zo~ng Land use N ROW DAVIS BLVD. SPUD MULTI FAMILY E. PUD MULTI FAMILY ROW CROWN POINT BLVD. WEST Does property owrier 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: Townskip: L6t: Block: Subdivision: Range: Plat Book__ Page #: Metes & Bounds Description: Property I.D.#: Type of Conditiolial Use: This application is requesting _conditional use # th6 A district for (rvvr_ oF usm ACLF 1 6 of Present Use oftheProperty: PROD[ICE STAND AND NURSERY AND WHOLESALE LANDSCAPE SALES Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Purs,_,8nt to Section 2.7.4. of the Collier County Land Development Code, staffs 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 provi.de detailed response to each of therf3,f~/ criterion listed below. Specify how and why the request is consistent with each'/-'~'~ ..... (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC IIEARING FOR CONDITIONAL USE - 6/98 PAGE 5 or 15': 02.~---- ..... a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consisten with the applicable section or portions of the future land use element): IN THE GROWTH MANAGEMENT PLAN URBA~N RESIDENTIAL ALLOWS FOR USES SUCH AS ESSENTIAL SERVICES, PERSONNEL SERVICES AND COMMUNITY FACILITTES. AN A~LF FALLg INTO THIS CATEGORY. THE COLLIER COUNTy LAND DEVELOPMENT CODE ALLOWS FOR GROUP CARE FACILITIES AS A CONDITIONAL USE OF AGRICULTURALLY ZONED LAND. ; ; b. Describe th~ 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 c~e of fire or 'catastrophe: THERE SHALL BE PEDESTRIAN :ACCESS AND EGRESS FROM BOTH GROWN POINTE WEST BLVD. 'AND DAVIS ,BLVD. c. D~cribe the effect the con~fional we w/11 have on neighboring propertes in relation to noise, gl~e, economic impact and odon THERE' SHALL BE NO NEGATIVE EFFECTS due TO NOISE GLARE O OR , ECONOMIC ~MPACT ON :THE NI~IGHB/~RING PROPERTIES i d. Describe the site's and the proposed use's compatibility with adjacent properties and : other properties in the district: MULTI FAMILY A.ND ACLF USES ARE COMPATIBLE. THERE ARE NUMEROUS EXAMPLES OF THIS MIXTURE THROUGHOUT THE COUNTY. e. Please provide any additional information which you may feel is relevant to this request. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6198 PAGE 6 OF 15 RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ASSISTED LIVING FACILITY (ALF) CONDITIONAL USE "16" IN THE AGRICULTUKAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and 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 "16" of Section 2.2.2.3.. in an Agriculture Zone for an Assisted Living Facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accorc~ance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition filed by Mr. Kevin McVicker of Phoenix Planning and Engineering, Inc., representing .Ion Laidig 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 "16" of Section 2.2.2.3. of the Agriculture Zoning District for an Assisted Living Facility, in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: -1- Exhibit "D," which is attached hereto and incorporated by reference herein. BE IT FURTH2ER 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: Ma~or~M. Student Assistant County Attorney g/admin/CU-99-03 RESOLUTION/RB/im FINDING OF FACT BY COLLIER COUNTY PLAI~NING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: '1. Section 2.2.2.3.16. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: no m o C o Consistency with the Land Development Code and Growth Management P y~ 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 ac~s~n case of fire or catastrophe: Adequat~y/l~g~ & egress No Affects neighboring properties in relation to noise, gl~~c or odor effects: ~ No af~_~t or Affect mitigated by ......... -----~Affect ca-~--~t be mitigated Based on the above findings, stipulations, (cp.~V attached) approval /~/~'~)%/~' . DATE: ~)/[]r2 Compatibility with adjacent properties and other property in the district: Compatible u e~ district No this conditional us s~with (should not) be rec'oYame/T~ed for CHAIRMAN: ~ ~,~'~ g/admin/FINDING OF FACT ClIAIRMAN/CU-99-03/RB/im EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are. found: Section 2.2.2.3.16. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao m o Consistency with the Land Development Code and Growth Management P~J~ 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 & ej~-ess Yes ~No Affects neighboring properties in relation to noise, gla~-~conomic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use,~i-thin district Yes w/ No Based on the above findings, stipulations, (copy a~tached) approval /~///~;~ ~.. DATE: ~/~//~g) g/admin/FINDING OF FACT MEMBER/CU-99-O3/RB/im this conditional use should, ( ~ ~~ ~~/,mmended with for FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management P~: 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 Affects neighboring properties in relation to noise, gl~re,/~conomic or odor effects: t.~ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible uselw~hin district Yes ~/No Based on the above stiDulations, (copy approval ~ findings, this conditional use should, attached) (should not~~ recommended with for FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ko Consistency with the Land Development Code and Growth Management Plan: Yes m o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No C o Affects neighboring properties in relation to noise, gl~, 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, stipulations, (copy attached) approval %// DATE: this conditional use should, with (~eo~= not) be recommended for MEMBER g/admin/FFNDING OF FACT MEMBER/GU-99-03/RB/irn FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. 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: A. Consistency with the Land Development Code and Growth Management P~ 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 w~thin district Yes w/ No Based on the above findings, t ' ~Td-i~nal use should, stipulations, (copy attached)~(s~_hould no~ be recommended approval ~ DATE: ~--~--~ MEMBER:~~~ ~ ~ad~n/F[ND~G OF FACT MEMBE~CU-99-03/RB/im with for LEGAL DESCRIPTION PARCEL A: THE NORTH 660 FEET OF THE WEST 3/4 OF THE WEST I/2 OF THE EAST 1/2 OF THE WEST I/2 OF THE NE 1/4 AND THE NORTH 660 FEET OF THE EAST 1/4 OF THE EAST 1/2 OF THE WEST 1/2 OF TI-IE WEST 1/2 OF ~ NE 1/4. SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS RIGHTS-OF-WAY RECORDED IN OFFICIAL RECORD BOOK 165, PAGE 352, AND RECORDED IN OFFICIAL RECORD BOOK 202, PAGE 887, OF THE.PUBLIC RECOILDS OF SAID COUNTY. PARCEL B: ALL THAT PART OF SECTION 7, ;TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORDA AND BEI2qG MoRE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT HE NORTH:EAST CORNER OF SAID .SECTION 7: THENCE ALONG THE NORTH LINE OF SAD SECTION 7 NORTH 89°-58'-39" WEST 2059.65 FEET TO THE NORTHEAST CORNER OF: THOSE LANDS AS DESCRIBED IN O.R. 657, PAGE 62I, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA: : : THENCE ALONG-TH~ EASTERLY LINE OF SAD DESCRIBED LAND SOUTH 0~-35'-32" EAST 75.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (S.R. 84) AND THE POINT OF BEGI2N-NING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE ALONG .THE.EASTE~Y LINE OF SAID 'DESCRIBED LAND SOUTH~0e-3'5'-32" EAST 645.00 FEET: THENCE LEAVING SAID EASTERLY LINE NORTH 89"-58'-39'" WEST ~221.62 FEET TO A POINT oN A CURVE ON THE EAST LINE OF THAT LAND AS DESCRIBED IN O.R. ,1083, PAGE 2162, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA: THENCE NORTHWESTERLY 46.53 FEET ALONG TH~ ARC OF A NON- TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH'WEST, I-LAVING A RADIUS OF 340.84 FEET THXOUGH A CENTRAL ANGLE OF 0'7':-49'-18" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 12°44'-20" WEST 46149 FEET TO A POINT OF REVERSE CURVATURE: THENCE CONTINUE ALONG SAID LINE NORTI-IERLY 101.50 FEET ALONG THE ARC OF A CI1KCULAR CURVE CONCAVE TO THE NORTHEAST HAVING RADIUS OF 340.84 FEET THROUGH A CENTRAL ANGLE OF 17'2-03 '-40" AND BEING SUBTENDED BY' A CHORD WHICH BEARS NORTH 09-°07'-09" WEST 101.12 FEET: THENCE CONTINUE ALONG SAID LINE NORTH 00°-35'-19" WEST 500.0 FEET TO THE SOUTHERLY. RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (S.R. 84): THENCE ALONG SAD RIGHT,OF-WAY LINE SOUTH 89°-58'-39" EAST 247.16 FEE'I: TO THE POINT OF'BEGINNING OF THE PARCELTtEREIN DESCRIBED. EXHIBIT "B" ('3'11 ,~j rn L.~,~OV'VN F-',_,'.Ii'~TF ~LVD. WEST ./ GREEN THUMB ACLF EXHIBIT "C" CONDITIONS OF APPROVAL CU-99-3 a) b) c) d) e) g) The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use apphcat~on, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review of the Collier County Land Development Code. 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 slYall be immediately stopped and the Collier County Code Enforcement Department contacted. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitor/ng, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. The developer shall not import or export fill material to or from the subject site without prior approval of the Board of County Commissioners. The applicant shall be responsible for the construction of a right turn lane at the project entrance on Davis Boulevard. Compensating right-of-way for the right turn lane shall be dedicated by the applicant for use of the existing right-of-way. Such dedication shall be considered site related and there shall be no road impact fee credit to the applicant. The applicant shall be required to make modifications to the existing median opening on Crown Point Boulevard West in order to provide proper access to the proposed development. These modifications shall be inaccordance with the requirements of the Collier County Transportation Services Department. EXHIBIT "D" EXECUTIVE SUMMARY 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. OBJECTIVE: The objective of this administrative appeal is to determine whether the Collier County Planning Commission properly applied the provisions of Section 2.7.3.5 of the Land Development Code (LDC) in their determination that the changes to the Carillon PUD Master Plan were insubstantial, and further, based their decision on substantial competent evidence. CONSIDERATIONS: Section 2.7.3.5.2 of the Land Development Code allows the Collier County Planning Commission to approve minor changes to the PUD Master Plan. The LDC contains eleven specific criteria that would qualify a PUD amendment substantial. The Planning Commission must determine that none of the eleven criteria applies to the requested amendment in order to make an insubstantial determination. The property owner's agent filed an insubstantial change application with the County to expand the commercial area to the east of the existing buildings along Pine Ridge Road. The PUD Document allows up to 319,000 square feet of commercial building. The existing commercial buildings occupy 282,413 square feet in area. The Carillon PUD Master Plan does not clearly delineate areas zoned for different uses, such as commercial and residential uses. The PUD Document indicates that 24.01 acres must be used for commercial uses for a maximum building area of 319,000 square feet. The Document also indicates that 6.23 acres must be used for residential uses for a maximum of 180 dwelling units. In addition certain acreages are allotted to water management facilities and buffer areas. For purposes of density a portion of the water management area is assigned to the residential tract to justify the number of units originally approved. During the application submission process staff were lead to believe that the gross acreage that was legally attributable to the residential tract would not be affected by the extension of commercial development. Based on this information staff recommended to the CCPC that this petition met the criteria for an insubstantial amendment. Subsequent 1 AGENDA ITEM HAY 2 3 2000 to the approval by the CCPC, it was brought to staf?s attention that there were some discrepancies and additional facts not considered by the staff and CCPC. These facts contradict, to a degree, statements made on the record by the applicant's representative. The property owners, and thus their representative were in a position to have knowledge of these facts. The land use and area calculations provided to staff to prove that the request is consistent with the intent of the PUD Document were acceptable; however, the applicant failed to indicate on the application or on any other occasion that they no longer control the entire parcel. In order for the new acreage calculations to be consistent with the PUD Document some land use changes were necessary in areas that the applicant no longer owns. Furthermore, in the Planning Commission hearings the applicant's agent testified that the area proposed for commercial was never intended for residential uses. This testimony contradicts the Plat back-up plans that show multi-family buildings and is labeled as "Residential" tract. The Collier County Planning Commission reviewed petition PDI-99-05 on November 21, 1999 and by a vote of 8-0 approved the request. Attached to this report is a copy of the verbatim minutes of the CCPC meeting. FISCAl.. IMPACT: There is a $200 application fee for this appeal which is deposited in Revenues in Fund 113, Cost Center 138900. GROVVTH MANAGEMENT IMPACT: None. STAFF RECOMMENDATION: It is staffs recommendation that the Board of Zoning Appeals remand this petition back to the CCPC for reconsideration given the conflicting and additional facts. 2 A C-mmE. NI)A F4A¥ 2 3 2OO0 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER RE CI~ RRENT PLANNING ' ' ~Ot~"~T~~. Li~'H E R E, PLANNING SERVICES I~INO, AICP, MANAGER AICP, DIRECTOR DATE DATE DATE APPROX. VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 3 MAY 2 3 2000 ~EO~ :8ooDLETTE, COLEMAN EXCERPT TRANSCRIPT OF TEE MEETING OF Tt{E COLLIER COUNTY PLANNING COMMISSION Naples, Florida, November 4, 1999 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: ACTING C~3kIRMAN: Michael Pedone Michael J. Bruet Russell A. Priddy Michael Pedone Karen Urbanik Gary Wrage Ken Abernathy Joyceanne Rautio NOT PRESENT: Russell A. Budd Ron Nino, Current Planning Manager Marjorie M. Student, Assistant County Attorney Page 1 MAY 2 3 2000 FROM :GoODLETTE, COlEMaN ~046 P.0~/25 ACTING COMMISSIONER BEDONE: A~d I don't have anything to report, because I'm not really the chairman. So let's go on to advertised pt~blic hearings, to number C, which would be Petition PDI-99-05, Carillon. MR. BAiDA/~TCHIA~;: Good morning, commissioners, Chahram Badamtchian from planning services staff. Mr. -- ACTING COMMISSIONER PEDONE: Chahram? Anyone who wishes to speak on this petition, would please stand and be sworn in. (All speakers were duly sworn.) ACTING COMMISSIO~TER PEDONE: A~I right, Chahram. MR. BADAMTCHIAN: Good morning. Mr. Michael Fernandez, representing Wallace L. Lewis, Jr., Trustee, is requesting the approval of an insubstantial change to the Carillon PUP master plan. The Carillon PUD is located at the corner of Airport Road and Pine Ridge Road. knd the old master plan -- this is the master plan that was approved with that PUD. It's upside down. MEMBER OF AUDIENCE: We can't hear what you're saying. COMMISSIONER ABERNATHY: I don't believe your microphone is working. MR. BADAMTCHIAN: It's not working? COMMISSIOATER A/~ERNATHY: Well, you're not standing close enough to it, then. MR. BADAMTCKIAN: He's fixing it. The old master -- the old master plan showed commercial along Airport Road, and there is residential in the back. And the old master plan showed the footprint of a large building with five -- with five out-parcels. The petitioner is requesting to amend this master plan to show two additional buildings on the east side of the property. This PUD was approved with 319,000 square feet of commercial; however, they have built 282,000 square feet; therefore, they have 36,000 square feet more that they can build. The PUD was approved for 180 dwelling units, and the PUP document says 180 dwelling units and 6.23 acres of land.' And the request is just to add more buildings on the east side. And they're also eliminating one lake, which was shown on the original master plan. And basically that is the extent of the request. Staff reviewed this petition. It complies with their requirements of our code, even though it is a little bit on the borderline of being an amendment to the SDP -- PUP, sorry. Therefore, staff recommends approval of this petition. COMMISSIONER BRUET: Mr. Chairman? ACTING COMMISSION7~R PEDONE: Yes. COF~4ISSIONER BRUET: Chahram, a question. What constitutes really the difference between substantial and insubstantial as it relates to land uses? FiR. BADAMTC~IAlg: For one thing, they are not changing any Page 2 MAY2320 ? ! FROM :GOODLETTE, COLEMAN language in the PUD document. It's Just the map change. And they are -- this change will not increase the traffic. This one was approved for 319,000 square feet of commercial. Therefore, adding more building is not going to change the approved traffic there. The board reviewed this petition, approved it for 319,000 square feet of commercial, and they are not going to increase that. A number of residential dwellings are not increasing, it's just where the buildings are going to be built. That's the only change. COMMISSIONER BRUET: So you weigh the impacts of changes more than the change in land use itself? MR. BADAMTCHIAN: Correct. The master plan that was approved doesn't really show the boundaries between the commercial and residential tracts. Everybody assumed that the tract in the back is for residential uses and the front tract is for commercial. But that's not how the PUD document reads. COMMISSIONER BRUET: I guess looking at the original submitted and approved PUD and looking at what's in front of us today, and trying to understand why this is not a substantial deviation, when I see areas that indicate multi-family tract now has a Commercial parcel, then I look south and I see a second commercial parcel, and I look at the master plan, o~ course I only see five, and now we're up to seven. I realize the square footage hasn't changed, but to me those are '~ifferent land uses. I see a lake that's gone. I'm Just trying to ~ort this out, because I've been through this process before and I have not been this fortunate. MR. BADAMTC~IAN: As I said, this borders -- this line project, that's almost a PUD amendment. ~owever, the PUD was approved for 180 units on 6.23 acres. And they will have 6.23 acres for residential uses. It was approved with 12. -- I have it somewhere. 12. I believe 9. MR. NINO: 12.9. MR. BADAMTC~IAN: 12.9 acres of open space, landscaping and lakes and water management. They will have that. COMMISSIOATER BRUET: Yeah, but not to the current standards for buffering and the like, right? We,re not opening -- MR. BADAMTCHIAN: Nothing is done, but -- COMMISSIONER BRU~T: -- the w~ole PUD. MR. BADAMTC~IAN: We are not opening the PUD for review. COMMISSIONER BRUET: All right. Well, obviously I'm going -- I have a little problem with this, and I guess because I've been through the process before and not been this fortunate. ACTING COMMISSIONER PEDONE: Anyone else have any questions for staff? Being none, we'll hear from Mr. Fernandez. MR. FERNA/~-DEZ: Good morning, commissioners. Michael Fernandez for the petitioner. I hope I can shed some light on the issues and satisfy Mr. Bruet's concern. To start with, I'd like to provide you with a hand-out, if I may, that I'll be referencing. ' AC, e ArrE. / / MAY 2 3 2000 FROM :GOOBLETTE, COLEMAN 2000,01-10 14:20 Nt_~mber 4, 1999 COM~4ISSIOAIER PRIDDY: I'll just pass them down. MR. FERNANDEZ: The first page of the hand-out that you,ll been receiving has been highlighted, and it's an excerpt from the PUD document that was approved. And it states that site design changes shall be permitted subject to Collier County staff administrative approval where such changes are consistent with the intent of the PUD document and do not cause significant impact to surrounding abutting -- properties abutting Carillon. We, when we originally approached that, suggested to them that we thought that this was actually an administrative change and not an insubstantial. The document -- or the code basically has criteria that outlines whether there's technical requirements to be an insubstantial change. We provided staff with a item-by-item delineation of what those -- how we address those items, includinG there is no change to the access points to this petition. The access points remain exactly as they were in the original petition. The buffers remain the same. The square footage of approved commercial remains the same. The area, the acreage of residential, the acreage versus the commercial remain the same. The PUD document itself didn't define those areas definitively where residential and where commercial is to be located. If you'll turn to your second page of your doc -- of the hand-out, I think this will shed the light that you're looking for. The PUD document basically listed commercial for 24.01 acres, residential for 6.23. The balance of 2.97 to be utilized for open space and green space that could be located anywhere within the PUD. And the master plan shows little arrows. Well, here's a Green space here, there's a green space there. The basis for that is there is a requirement of 30 percent open space for the commercial and 30 percent for the residential within this PUD. As you can see, tha~ equates to where the commercial tract -- for the commercial tract, a total of 10.295 acres of open space for a total acreage of 34.305. The residential tract was limited to 2.23 acres, plus its 30 percent component of 2.675 for a total of 8.905 acres. And as you can see by the tabulation, these add up to the totals that are shown, both within the PUD document and within the master plan. Currently our client, who is the original developer of Carillon, still retains three tracts that total 12.56 acres. If you subtract that residential component out of 8.905, he's left with 3.655 acres of commercial, which includes its 30 percent requirement of open space. Therefore, of the remaining area it's impossible -- we're not allowed to use the entire parcel as residential. And in fact, if you'll look at the Graphic over here to my left, you'll see that what we've done within that area is shown in green that area that adds up to the 6.23 acres. This area. And then the area that,s also green that is hatched provides the open space component. So between these two elements, we have a total of 8.905 acres, therefore, satisfying that acreage requirement or maximization within Page 4 MAY 2 3 2000 FRO~ :GOoDLETTE, COLEMRN N~._~mber 4, 1999 the PUP. It was never intended that this whole area be commercial -- or be residential. In fact, we would suggest to you that to place residential development on Pine Ridge Road at the entry to the shopping center is not & viable use. I mean, you've got traffic on both sides, and you're totally hemmed in. It's not desirable. The commercial is supposed to be a transitory use to the residential, which was always intended to be in the southeast quadrant of the project. /tlways behind the commercial. And that.s the key. It's always behind the commercial. So that it's impossible for -- to use that acreage anything but for residential -- or for commercial that fronts on Pine Ridge Road. All we're asking is that we have the ability to put the buildings there. And as I read to you in that first page, we -- the site plan was always given that flexibility so that they could have adjustments to it. Otherwise, right now what we could do with that commercial piece is simply pave it and put our appropriate landscaping and put the light poles that would be put in the shopping center. And we could have, for instance, a -- we could have an auto dealership there or something similar to that. We Just couldn't put the buildings on there. Although we have told -- we have suggested to staff we really believe that we have that ability. But that is commercial acreage. It has always been commercial -- ~creage. This is a very straightforward, technical adjustment to the master plan. It is not a substantial change. One thing that we have -- we would also tell you that hopefully will give you some level of comfort is that the PUD also requires -- and it was one of the first to do so, and this was before the architectural design standards were established -- that all buildings within the development be architecturally integrated. And we're (sic) certainly have always understood that. And the new building or buildings will comply with that. It will be similar materials and design to the existing structures that are already within the shopping center. In addition to that, we have made a commitment to our neighbors, and we've had a couple meetings with some of our neighbors, that the light fixtures -- and if you look at the poles out on Carillon, they're very tall, and they create somewhat of a light cloud at that intersection. We've committed to them that we will maintain -- put the new ones in at no higher than 20 feet so that the light is closer to the ground 'level and won't disturb their development. Between Carillon and Kensington there is an additional tract of property. That tract is an agriculturally zoned piece of property. It currently has located on it the fruit shop out front, the little chickee building. It's 80 feet wide, where this commercial tract is supposed to be. It lessons to 60 feet width further on. And between it and Kensington, or the residential units Page 5 MAY 2 3 21)00 ~ROM :GOOD~ETTE, COLEMAN 941 43S 1218 2~D~,~l-l~ 14:21 N~mber 4, 1999 Kensington, you have our buffer, then you have their buffer, which is fairly mature and on a berm. You then have a 60-foot right-of-way that has a road. And then you have a setback of 25 feet to the residences. We've calculated the setbacks. The closest our building would be to one of their residential structures is 195 feet. That's a considerable distance. We don't see that we are doing -- we are not having any greater impact with putting a building there than we would have with a parking lot with its associated light fixtures. We see this as a very tecb-nical modification. And as I've said, we've gone through item per item, as staff has done, and shown that it is not a substantial change. Mr. Passidomo is our legal counsel and he'~ here in case any additional questions arise. If you have any questions of me, I'd be more than happy to address them now. ACTING COMMISSIONER PEDONE: Yeah. Mr. Fernandez, what will the height of the building be? MR. FERNANDEZ: We've made a commitment that it won't be any higher than the existing buildings there. So again, what we'll do is just keep the shopping center ongoing. ACTING COMMISSIONER PEDONE: Anyone else? COMMISSIONER BRUET: Yes. How does that compare with the heights that are there today, Michael? The existing PUD heights, building heights. MR. FERNANDEZ: The PUD actually allows for 50 feet of height, or' five stories. Approximately five stories. So obviously by the existing building there's probably somewhere around 30, 35 feet. So we're look -- which is the same height that the residential structures are permitted to be adjacent Kensington. And again, we're looking at about 195 feet difference between the two. The concern that I've really heard from the residents so much that they're looking to maybe address is the residential aspect of our project, which really is not subject of what we're trying to do here. And if you look at our PUD master plan amendment, you'll see that the only area that's highlighted in yellow is that area that deal~ with the commercial aspects. We're not modifying the residential portion at all. COMMISSIOArER BRUET: May I, Mr. Chairman? ACTING COMMISSIONER PEDONE: Yes. COS~MISSIONER BRUET: Michael, the buffering requirements from commercial to residential, you've kind of escaped those by going through this process. Are you willing to bring a buffer up to -- MR. FERNANDEZ: Current standards -- COMMISSIONER BRUET: -- current buffering standards? MR. FERNANDEZ: We have no problem doing that whatsoever. We would commit to in fact go beyond that. For instance, tree requirements are eight and 10-foot trees. I have no problem committing to landscaping that includes trees to 16 feet minimum for shade trees. And any hedge along that -- along our east side, which would be Bage 6 MAY 2 3 2000 FROM :GOODLETTE, COLEMAN NL~mber 4, 1999 ~046 P.0S,/2~ next to Kensington, installing it at five feet, add installation and allowing it to grow higher along with a fence integrated into it, we don't have a problem doing that. We're looking for a quality projec=. And since the shopping center has already been there for awhile and their trees are somewhat mature, by ours coming in there at that same height, it will -- it will kind of bring us back up to the shopping center. We don't want to look like we're a second cousin to it. We want to integrate. We'll do so with materials, colors and design. COMMISSIONER BRUET: Thank you. ACTING COMMISSIONER PEDONE: Anyone else? COMMISSIONER PRIDDY: I have just a question. It's probably one no one can answer. But this agricultural tract that's in between, do we have anything in the mill that's going to be going on there? Is that -- what do we foresee taking place on that piece of property? MR. BADAMTCHIAN: Last hearing, Mr. Fernandez was proposing a new PUD called Banyon, I believe. IvER. FERNANDEZ: Yeah, the Banyon Woods PUD. That tract is scheduled to become a roadway that would access the residential component south of here. So there'll be an additional roadway. And if you'll recall, there's an additional buffer there that was committed to that's very substantial, that was worked out with the residents, that's also on a berm and will be integrated into a much ~larger combination buffer between Kensington and that tract. So in addition to all these, we'll have a series of several different landscape buffers between us and the Kensington -- COMMISSIONER PRIDDY: So we're not going to see a building out front where the fruit stand is now in the future, that's probably proposed for roadway? MR. FER/~ANDEZ: That's correct. Even if it was -- even if it -- right now there's a setback requirement of 50 feet from residential tract anyway, so it would be pushed back substantially. COMMISSIONER PRIDDY: Okay. COt~MISSIONER BRUET: Russell, I believe that's that alternate access point -- ACTING COMMISSIONER PEDOATE: Yeah. COMMISSIONER BRUET: -- from PUD that we went through at the last meeting, so -- COMMISSIONER RAUTIO: I would Just like tO disclose that I had a meeting with Mr. Fernandez last month, and this was only talked about indirectly. We were discussing the whole Whippoorwill Road area and Livingston Road area, but we did discuss some of the minor details involved in this, so I wanted to disclose that. ACTING COMMISSIONER PEDONE: Anyone else? Anything further from the petitioner? MR. FER/~ANDEZ: Well, certainly if q%/estions arise after the public speaks, I'd like to have an opportunity to address that. ACTING COMMISSIONER PEDONE: Mr. Nino, do we have any speakers? MR. NINO: Yes, we do indeed. Dr. Charles Ztnn, Alton Bale, D~. Page 7 i A,~/ ~ "~ MAY 2 3 2000 .,. ~ROM :O00PL. ETTE, COLEMRN ~00~,01-10 14:~2 ~L~m.ber ~, 1999 Frank Pinto. ACTING COMMISSIONER PEDONE: Excuse me, if you would step up in the order that you would like to speak, this way we can facilitate the time. MR. NINO: Dottie Groose, Warren White. Dr. Carl Sheusi, Richard Conover, Dextor Groose, Richard ~enderlong, Joe Barry. ACTING COMMISSIONER PEDO19]~: I would like to announce at this time that we have a lot of speakers and we would rather you didn't be redundant and repeat the same thing, that only if you have something new to add that would be -- facilitate the movement here this morning. MR. ZINN: Good morning. I'm Dr. Charles Zinn. I live at 5170 Kensington ~igh Street, adjacent to this proposed piece of property change. We're -- we have a couple of concerns. One is in order to get 180 units into that piece of property, the original lake that was planned on the original plan supposedly is being filled in or never dredged. We're concerned about water runoff, wildlife, et cetera. In order to get 180 units into this piece of property, it would seem to me that the height would be such that it would impact us in the Kensington area, regardless of a SO-foot buffer. It would seem to me that they would have to go up to a seven-story building, six stories over parking, and this would not be neighborly to the Kensington area. If you recall, not too long ago Kensington had to reopen their PUD when they were redoing the area next to Grey Oaks, and that we had. to make s%tbstantial changes in our PUD in order to get it okayed to satisfy Grey Oaks' needs or requirements. We are requesting that this is a substantial change in the PUD, and we would like to see the POD reopened for evaluation to some way eliminate some of the 180 units that are proposed to go into this small residential area. Thank you. MS. GROOSE: I'm Dottie Groose. I live in Kensington. I lived in Miami for 30 years. And when I first lived there, it was beautiful, it was peaceful, it was a nice place to raise a family, and the quality of life was very good. Over the years there were many changes. The development, it was over-developed, over populated, the streets became very congested, crime moved in, and the quality of life completely changed. My husband and I were very impressed when we came to Naples. To us, Naples was paradise in comparison to Miami. But now we're very fearful that our quality of life may change. We were so impressed with all of the different developments, one-story buildings or two-story condos. It was just beautiful. And now if this developer is allowed to build a seven-story building right near our property, it will be overlookin~ our property. It will change our way of life, it will change our security. I'm concerned about our security and our privacy. People on these balconies will be able to see us every time we come in and out of our houses, they'll see us on our patios and in our swimming pools. Our privacy will be gone. And also, it could affect our security. Pa~e 8 /~,ENDA ITEM MAY 2 3 2000 FROM :GOODLETTE, COLEMAN Nt~ber 4, 1999 criminal element could move into these condos. They would know every time we go in and out of our homes. I'm very concerned about that. COMMISSIONER PR!DDY: NLr_ Chairman, can we stop and get a clarification? Because I don't know that I've ever heard of a seven-story building being proposed. Mr. Fernandez or staff, can what are we talking about here? MR. BADAMTCHIAN: The PUP document allows six stories over garage in the residential area. What I believe people are proposing is to not approve this so they have to go through a PUD amendment and then they have to reduce -- they can request a reduction in the number of dwelling units, maximum height. COMMISSIONER PRIDDY: Let me understand. If the developer was not looking to change the footprint of the commercial, they could have already built a six-story building? MR. BADAMTCHIAN: Today they can go ahead and build a six-story building. COMMISSIONER PRIDDY: And they still can, without coming here before us. MR. BADAMTCHIAN: Correct. COMMISSIONER PRIDDY: Okay, thank you. ACTING COMMISSIONER PEDONE: Next. MR. PINTO: Mi. My name is Frank Pinto. I'm at 5114 Kensington High Street. My concern is similar in the sense that tall buildings in an area '.hat have no tall buildings really don't make -- doesn't make sense to i'm not a professional, I just live there. We moved into Kensington from up north. This is our permanent residence. And quite honestly, I didn't do due diligence. I didn't go looking throughout all the records of what's allowed, what's going to be built, what may be built. None of us has. And I guess that means we trust you people. We trust you as professionals, we trust you as administrators to do what's right. We're going to live there. And we ask Uhat you consider us in this project because we're the ones who are going to have to live with your decisions. And please, don't look at this in an isolated sense. There are other tracts that are going to be developed just below this. There's going to be another 350, 60 residential units. 180 units on six acres, that's an impact. And while the PUP was approved, I understand it was approved in '91, a lot has developed since then. The area has taken on a certain character. And maybe you ought to look at that today and say to yourself, well, maybe there was a mistake in '91. Maybe we shouldn't have allowed this. And kind of look at it in today's light. And if there is one lake difference, maybe it doesn't seem signiiicant. But with the runoff, maybe you need that other lake. That may be significant enough for you to reopen this PUD and give you an opportunity maybe to correct what obviously to me is a mistake, or was a mistake; give you an opportunity to correct that. Thank you very much. Page, MAY23 2000 ---- ~ROM :GOODLETT~, COLEMAN 2~0~,91-10 14:22 NLeraber 4, MR. WHITE: My name is Warren White. I live in Kensington. And really, I don't have a whole lot to add except that I realize that this is not a residential question at the moment. But if you continue to reduce this -- the impact of the commercial area around the area that's left, what happens is everything goes up. And I've lived in Kensington now for three years, and in the Pelican Bay and other areas for some period of time before that. And other than the high-rises that are along the beach, I don't think there are other seven-story high residential units anywhere in that area. I recognize it was granted in 1991, but conditions have changed. And you have permitted apartments and everything else to be built around Kensington, but they're not of that size. And so I think the substantial change that is occurring here now is going to have implications for the future when this developer comes in with his plans for the residential area. The lake that is going to be taken away is a small area. But I believe on the plans, as I've looked at them, that the other one also becomes reduced. So as I say, everything squeezes, and all of a sudden what's left is a residential for future development, and it goes up. Thank you. MR. BALE: I'm Walton Bale at 5234 Kensington ~lgh Street. I would be directly affected by any buildings that would be over the 35 feet That the Carillon representative suggested. If you were to go out and look at this particular area, you'll find that there is no other building that is probably over about 35 feet. No seven-story buildings in the vicinity within sight. I really think that this should be reopened so that the height of the buildings can be limited, as the Carillon representative said, down to 35 feet. Thank you. MR. BARRY: I'm Joe Barry, Kensington High Street. I'll be brief. I'm sorry if I'm redundant. My main concern, other than aesthetics of the tall building, is crime and privacy. I think it may sound ridiculous for me to say this, but I think that a building six -- we have a big problem with crime in our neighborhood. The so-called supper -- dinner burglars. And I think a seven-foot (sic) building would give a great advantage point for surveying our property. And also, privacy. I think a seven-foot building -- or seven-story building would encroach on our privacy. Thank you. MR. SHEU$I: I'm Dr. Carl Shensi. I live at 5198 Kensington. Approximately a year ago, Kensington went before the county board requesting rezoning of property facing Grey Oaks. The residents of Grey Oaks were opposed to the rezoning for three reasons: They were afraid to see our lights; the buildings would be too tall; and the residents of the condos would be able to look into our homes. If Carillon planned -- had plans for 180 units on 11 acres and now they want to compress 180 units on five to six acres, this will necessitate buildings of higher than two or three stories, maybe five, six or seven. MAY 2 3 2000 Page 10 ~ROM :GOODLETTE, COlEMaN ~Lember 4, 19~9 ~4~ P. 12/2S And this is our objection, that the buildings would obstruct our view with an extreme amount of lights and noise; there would be no berms high enough to buffer the noise of lights from a seven-story building, if it goes that high; and that would be approximately an 80-foot building. This is our objection. MR. GROOSE: Good morning. My name is Dexter Groose. I'm a value engineering consultant, and I'm speaking as secretary of the Yorktown Villas Association of Kensington. First of all, I want to take my hat off to this Plarhning Commission, because you're the reason I moved here. You're the reason after a five-year search of the East Coast I realized I was looking on the wrong side. And we finally discovered Collier County, my wife and I, and this is heaven. This is the place to be. And it's because of the hard work and the tough decisions you people have made over the years that have made this place look special. The request before you today is a substantial change to the PUD, and it's also a flawed plan. And here's why. It's a substantial change because i~ now includes eight out-parcels instead of six that were shown in the original PUD. Eight is four more than anywhere else on that Airport Road/Pine Ridge intersection. It leaves us with one lake instead of two, which will have an impact on wildlife. And it will eliminate a residential buffer. Now, before I bought in Kensington, I was very concerned with everything around. Concerned about the two-story units on ~he north side of Pine Ridge. I asked a lot of questions, I did a lot of 3esearch. This is a map of what was in the PUD. As you can see, this 11-acre Tract A that was in the original PUD shows a lot of roads through there. For multi-family tract, it says right up there in the upper right-hand corner. Right north of where the fruit stand is. Calls it multi-family tract. That's an 11-acre tract. And I realized it was approved in 1991 and I couldn't do anything about it. It was 180 units. But at least it was a buffer. It was a residential buffer. Now, I've prepared something here I'd like you to take a look at. COMMISSIONER PRIDDY: I'll hand all of them down. MR. GROOSE: This is a substantial change to the PUD because it doubles the PUD density from 16 units per acre to 29 units per acre. We don't have anything near 16 units per acre in the greater Carillon community, including all of the other communi=ies that I've listed there in addition to Kensington. Those four communities average two and a half units per acre. The Carillon PUD originally allowed 16. But the way they want to change it, it will take it to 29 units per acre. That's over 10 times the existing community's density. That's why it's a flawed plan. That's why it's a substantial change. When you go from 16 units to 29 units, that's a substantial change. I also say this plan is flawed because it exceeds the footprint limits of the Carillon Shopping Center. Sure they had -- they were authorized 319,000 square feet. But they chose to build it all on one Pa~e 3.1 MAY 2 3 2000 !'"' ' FROH :GOODLETTE, COLEHRN NL~mber 4, 1999 ~46 P.13/2S level. They could have 9one to two stories on their commericial. This is a flawed plan because there's inadequate perimeter landscaping. It's a flawed plan because it eliminates something that was explicitly described in the ori9inai PUD to allow for three-story residential buildings, as well as seven. So in the origlnal plan, you could have a mix of three-story and seven-story. If they build this additional cormmercial on that Tract A, it's going to reduce it, the residential acreage, down to six. Now you're building 180 units on six acres. And it's going to have to be seven stories, what the original PUD would permit. That's unacceptable. The Carillon POD needs to be reviewed, brought into current standards -- pardon me, the Carillon PUD needs to be reopened, brought up to current standards and then reviewed, once all of our winter residents have a chance to comment on it. Right now fewer than half of our residents in Kensington, Yorktown, the ones that are directly impacted by this, are here. They,re not back yet. So we'd like for them to have a chance to review it, too. And lastly, I know it may not be a requirement to be notified of this, but my notice from Collier County of this meeting wa~ sent out on October 18th. It went to my previous address in Dade County. Dade returned it postmarked November 1st. i Just got it yesterday. So there might be a lot of other people in the same boat as me, okay, and weren't aware of this meeting. Lastly, somebody brought up the point about the Banyon Road's alternate access issue, alternate access road for Banyon Point. That's~ that little buffer road that's between the Carillon and Kensington. We were not at this last meeting you had a couple of weeks a~o to discuss Banyon Woods, because there was a great misttnderstanding between the consultant, Mr. Fernandez, and Kensington. We were told that they would only build that road if the county required it. Well, we learned later after the hearing that the county never required it. But they did say if you want to build that road on your own, we'll allow you a higher density. We plan to appeal that decision to the County Commissioners next week. So that is a very sore point with us, and we expect to appeal it. I want to thank you for your attention and all the good work you've done in the past. MR. ~ENDERLONG: Good morning, commissioners. My name is Rich Henderlong. I'm with Kensington Park master association and Kensington Park Development. I'm a director of the master association; vice president, specifically. I'm also a professional planner, land planner, having worked for the county, Wilson-Miller at times, and I spent 10, !i years with Collier Enterprises, their planning director. I did have a conversation with Mr. Bruet regarding this petition. And I'd like to beginning with handing you out an exhibit. COMMISSIONER PRIDDY: That's my job to pass them down. ACTING COMMISSIONER PEDONE: He's our official passer. Page ~NDA MAY 2 3 2000 FROM :GOODLETTE, COLEMRN 941 4~S 1218 2OOO,~1-10 14:24 NL~mber 4, 1999 MR. HENDERLONG: The exhibit you're about to receive is a copy ~rom Collier County's tax maps. What you have is a serious flaw in what you're being represented for the truth, the facts today. And as you look at those maps up there, you see, as Chahram pointed out, five out-parcels. And in fact and indeed you'll see an area highlighted in blue shows six out-parcels existing today. I drove by the center this morning. There are six buildings sitting on ~hose out-parcels. So you don't have the facts. You don't have the correct facts. Secondly, the area highlighted in orange is the tract map. Mr. Fernandez, by his own admission, said that the owner has sold off part of the shopping center, only holds about 12 acres. I sLtbmit for a legal question to be researched later whether that constitutes a requirement for a two-lot subdivision, whether it has to be platted. So you should be looking at a plat, you should not be looking at a concept master plan. You should be looking and viewing today a site development plan, not a concept master plan. That, folks, is a substantial change. Secondly -- or in addition to that, they're having you believe -- I'm going to pass out another map. It's basically that upper right-hand corner of both plans, '91, '98 plan. On the top you'll see highlighted in yellow, this is the area that everybody is debating, okay, on my exhibit that you have. ~--Highlighted in blue is the lake. As Mr. Groose pointed out, it reads it the top, pedestrian circulation for multi-family tract. The debate is this unlettered area does not have the letter R. The area to the west has the letter C. There's no question, when you do a land use plan, you identify your parcels, okay? What the applicant wants you to believe is that you've got a floating zone here, folks. And that's not what we're dealing with. A floating zone is a zone that says we have special uses here. They're trying to argue that these are special uses that they're entitled to. What they did submit a~d had was a cap for 319,000 square feet of retail. I submit and technically go on the record saying today that seven or eight out-parcels, if there are eight, is intensification. I know that for a fact. In 1989 when we stood before this -- the Planning Commission and the Board of County Commissioners with River Chase Shopping Center, we had seven out-parcels out there. We were shot down on that issue alone. We only ended up with four. This, in my opinion, violates community standards. It's not good planning, folks. In conjunction with that, if you'll look at 1999's master use land plan, you'll see the area highlighted in orange. It moves from yellow, residential, to commercial. That area I calculated about 2.75 acres in area. The applicant could have developed his shopping center a different way. He could have put some office buildings in the front. The real -- let's call it what it is. It really is a measure here to add some additional out-parcels. You've got an agricultural strip of Page 13 MAY 2 3 2000 ~ROM :GOODLETTE, COLEMAN NLember 4, 1999 land. It's a nonconforming strip. I don't know how that happened. That's interesting, I find. Agriculture, you've ~ot to have a 150-foot front lot. It's an 80-foot lot. How do you sit there and argue that that a~ricultural road isn't ~goin~ to have an impact? There's no warranties about interconnection between that out-parcel and that other road. So when they tell you, which Mr. Fernandez submitted earlier, that there's no additional accesses, that's not true, okay? There will be an interconnection. It's good business sense. Turning movements need to be looked at very carefully at that intersection. Residents -- and I've heard over the last two years, being on the Kensington Park Master Association, the traffic problems on Pine Ridge Road. You approve that and you allow that out-parcel, you're going to be looking at additional difficulties in making movements and slowing down traffic. That could be another Wendy's. It could be a motion picture theatre. You don't know what it's going to be. I called the planning staff and asked them, did the applicant submit any traffic impact statements to substantiate that this proposed change, as submitted here today, warrants, and you heard Mr. Fernandez testify, that there's no increased traffic? That is not a true representation, and here's why. The reason why it's not a true representation is because shopping centers, community shopping centers, have a certain traffic value. When you begin to add these out-parcels in, those captures -- recapture rates significantly jump, okay? So you're not comparing an apple with an apple here. You're looking at an orange and an apple. That in itself constitutes a substantial change. I would submit that when they talk about if you buy into their logic that this area was supposed to be commercial, it wasn't residential, and they sold the land, then I would submit that the 40 percent rule for open space for residential might be applicable here. I'm not an attorney. That's worth taking a look at. There are some serious questions about this proposal today. It is substantial. ! also submit for the record that when I met with planning staff in Kensington Park -- and I'll give you my last exhibit before I explain that to you. COMMISSIONER PRIDD¥: I'm going to get overtime. MR. HENDERLONG: We need to be consistent in our principles of plannin~ and good urban design. This exhibit you're looking at shows you the south end of Kensington Park abuttin~ Grey Oaks. Grey Oaks highlighted in yellow, Kensington Park in green. A year and a half ago, we approached staff about making a change within the PUD. Economics and market as we know drives a product and a PUD. And that's the beautiful flexibility o~ a PUD, it allows you to make changes with economic marketin~ conditions, and then they have to be measured in the community's best interest. Is it in the community's best interest? Is this proposal in the community's best interest? That's your challenge, that's your test. We sumbit a similar issue for determination, whether it was AGENOA ITEM Page FROM :6OODLETTE, COLEMRN substantial or insubstantial. Staff, looking at it, said well, all right, you're going to move this road and you're going to add a buffer. That road was located feet to the north. The abutting land to the south were Si]l~le-family residential. We had a PUD for 570 residential units, and we believed and thought it was insubstantial. Staff concluded it was not. I do not see, when we talk about that orange area commercial versus the floating zone area, whether it's residential, recreational. They could have argued it's recreational open space. They could have argued that. That's the problem with that concept plan. They told us very seriously, the staff, that we were substantial, all right? So what that does is that triggers the applicants trying to avoid that process, because it triggers a reopening of the PUD. They don't want to do that. That's really what's happening here. And the community standards, in my opinion, should not be compromised here. They need to be told it's a substantial deviation. They need to be told to come back, amend your PUD, resubmit, go through the technical issues point by point, get into those analyses, and as Kensington Park was treated, we had to submit archit. ectural drawings, we had to submit -- not come to the hearing and say hey, we're going to drop our lights 20 feet, hey, we're going to drop this. We're going to make these changes. Nail it down, folks. This is really a site development plan you're talking about. The bulk of that shopping center is developed. We're talking about what's left there. And it warrants good planning analysis, good planning .'onsideration. And the applicant should be standing here with you with a contract for something more definitive than what they're submitting here today. So based upon all those comments earlier, when we technically go through the comments on B where the staff says is there a proposed increase in the proposed number of dwelling units under B with intensity of land use, I already submit it, it is an intensity of land use. You're dealing with a shopping center out-parcel. You're not dealing with an additional box to the existing main center. Big difference in traffic generations. That could be another bank with turning movements to go out there. That needs to be looked at. Maybe it might make good planning sense to have one returning movement out, which happened to River Reach Shopping Center. We had to go through that. That's warranted through -- it says you've got to do a traffic impact study evaluation. Let's take a look at D. D says is there a proposed increase in the size of areas used for nonresidential to commercial? We submit there is. Unequivocal, not debatable. That unlettered area that is white, we submit, is residential or recreation open space, not what the applicant would lead you to believe. E, ~s there a substantial increase and impact to the development which may include but not be limited to increase in traffic generation, changes in traffic circulations or impacts on other public ~ROM :GOOD~ETTE, COlEMaN Nl, ember 4, 1999 ~846 P.17/25 facilities? That needs to be correctly evaluated. ACTING COMMISSIONER PEDONE: Excuse me, but I think you've overdone your 10 minutes. MR. ~ENDERLONG: Okay. With that, I would just urge you to continue to find that it's a substantial deviation. ~hank you. COMMISSIOAIER ABEP. NATHY: Mr. Chairman, I have some some questions I'd like to propound to our attorney at this point. ACTING COMMISSIOATER PEDONE: Yes. Go right ahead, Mr. Abernathy. MS. STUDENT: And I'll try -- Commissioner Abernathy, I'll try to help. This is -- I am not -- waz not made aware by anyone of some of the concerns, but I'll be more than happy to try to help. COMMISSIONER ABERNAT~Y: These are general questions. MS. STUDENT: Okay. COMMISSIONER ABERNAT~Y: The first one is to whom do we look to for guidance on whether something is a s~bstantial change? To the lawyers or to the planners? The second one, do we have the power to declare this a substantial change? Third, what ccnsequences flow from that? And four, could the petitioner withdraw and moot this whole question of the residential area if we were to try to declare it a substantial change? MS. STUDENT: Okay, I'll try to -- if I forget one of them, you'll refresh my memory, right? COMF~ISSIOATER ABEP~NAT~rY: Okay. The first one is to whom do we look for guidance? MS. STUDENT: The criteria are set forth in the Land Development Code. It is not the County Attorney's office to make the commission decision or even to make a recommendation on that, because that's where the facts come in. And the Planning Department assesses the facts and applies those facts to the criteria and presents it to the Plannin~ Commission. You have opposition here today who may try to rebut some of the facts presented by staff, and it's up to the Planning Commission as the decision-maker to weigh the evidence that is presented before it and make a determination as to whether or not, you know, it meets the criteria. Okay, now -- COMMISSIONER ABERNATfIY: Okay, once -- do we have the power to declare that it's a substantial change? And I gather from what you just said we do. And if so, what consequences flow from that? MS. STUDENT: That would -- I don't know that it really amounts to a power of declar±ng it that. You can deny the petition. And -- COMMISSIONER ~.BERNATHY: On that basis. MS. STUDENT: That it doesn't meet some of the criteria. And those criteria that you feel it does not meet needs to be spelled out in the motion. So I suppose one could say -- we've never called it declaring it a substantial change, but ir~herent in the idea of a denial there may But we don't call it that. be that. Page !6 AC, EhN)A ITF.~ No. HAY 2 3 2000 FROM :0OODLETTE, COLEMAN 941 4~S 1218 2000,01-10 14: 2S Nl,ember 4, 1999 COMMISSIONER ABEP, NATHY: Okay. MS. STUDENT: And the conditions that flow from that, I believe there's been some code changes. I believe that the petitioner may have the opportunity to appeal this to the board, and if not, they could go into court. And I don't want to, you know, set up how to sue -- you're my client. But they could take whatever -- the appropriate avenue in court. So that either avenue is open to them. I don't have my code down here, I don't know if Mr. Nino has it, but we have broadened up the appeal procedures, so it's very likely it would go to the board before it would go to court. COMMISSIONER ABERNATHY: Then my last question was, if they didn't really want this change badly enough to open the matter of the height of the residential, could they just withdraw this? MS. STUDENT: A petitioner is free to withdraw a petition any time, if they so choose. COMMISSIONER ABERNATffY: So they could weigh those two things and just walk away from this? MS. STUDENT: It would be up to the petitioner to weigh all of what's been presented today. ACTING CO~ISSIONER PEDONE: Commissioner Priddy? COMMISSIONER PRIDDY: I have two questions. Would you all -- the petitioner answer, what is your density per acre yesterday, and what would it be tomorrow if this change were approved? The density per acre, not -- MR. PASSIDOMO: Mr. Priddy and Mr. Chairman, with your ndulgence, John Passidomo on behalf of the petitioner. We'd like to make a few points in rebuttal, and we'll address that point, Mr. Priddy. COMMISSIONER PRIDDY: And then I have one other question. MR. PASSIDOMO: Frankly, we don't believe there's any change at all. The concerns that were expressed about impacts on the residential tract obviously are not the issue that is in front of you today. But the basic predicate for that concern is that there's some 11 acres that are dedicated to residential use, and that number of acres will be reduced from 11 to 6.23. And then based upon that predicate, we've heard that the density of ~hat tract will increase from 16 units an acre to 29 units an acre. Frankly, we challenge that basic predicate. And we make that challenge based upon the land use summary that's attached as Exhibit A to the planned unit development document. It says, clearly says, that the residential tract is 6.23 acres in size, and only 6.23 acres in size. The residential tract isn't being impacted at all. Density isn.t bein~ impacted at all. It was 16 before, it is ~6 now. And frankly, what we're simply t~-ying to do is reconcile the text of the planned unit development document, all the impacts that were accommodated by the Board of County Commissioners when they addressed this project and this planned unit development document ori~inally with the master plan. A~d we think that there is a technical problem with the masger plan. The master plan does not designate specific tracts for Page 17 MAY 2 3 2000 FROM :GOODLETTE, COLEMAN residential or commercial uses. But if you look at this Exhibit A which says a residential tract is 6.23 acres, add on a 30 percent component for open space, and you look at the designation of commercial acres of 24.01, add on a 30 percent component for open space, what you get is what you see now. You could -- you couldn't possibly have derived that result from the existing master plan if it was interpreted that this property on' Pine Ridge Road was intended for residential purposes. And I think that you can imagine and we can imagine that in 1991 no one would have anticipated that the property on Pine Ridge Road would have been designated for residential purposes. What we're simply suggesting is that the planned unit development document always anticipated, Exhibit A to it, that there be 24.01 acres of the commercial, 6.23 acres of residential. What you see in your planned unit development document is simply what is now iljustrated on the master plan. We're reconciling a technical deficiency in a master plan that simply didn't specifically designate residential and commercial areas. Finally, what we'd like to do is what we think was proposed that you do do, and that is look at the criteria for compliance-with -- for an insubstantial change. We think that if you look at ~hat, you'll agree with staff that there are no changes to intensification, no changes to land uses. Land use is exactly as they're always intended to be. No other changes that would make this anything more than the insubstantial change that your staff is telling you that it is. bud finally, to alleviate what we readily acknowledge are legitimate concerns by our neigh_bors, we propose three stipulations: The first is that there's a 20-foot height limitation on the lights, a benefit that is currently not enjoyed; the second is that the height of the buildings in this area will be no higher than the existing height of the buildings in the Carillon Shopping Center. Right now we could otherwise have buildings that are 50 feet high. And frankly, if we listen to the argument carefully and the concern about seven-story buildings, we could have seven-story buildings in this area. And what we're proposing is not only to have seven-story -- not have seven-story buildings by designated commercial, but to reduce that height down to whatever the existing height is at Carillon. We think it's about 35 feet. And coincidentally, 35 feet is the height at Kensington. So we're certainly not going to go beyond what the height of our neighboring p~operties might be, what we propose for it to be. No higher than the commercial structures at Carillon. And finally, as a third stipulation, that the current buffering standards in your codes would be adhered to and we respectfully submit will be exceeded. Thank you, Mr. Chairman. ACTING COMMISSIONER PEDOATE: Mr. Priddy? COMMISSIONER PRiDD¥: Follow-up on my question. In the original PUP document, how many out-parcels were proposed or shown? MR. PASSIDOMO: Michael? Page 18 MAY 2 3 2000 F[~Of'l : GOODLETTE, COLEMI:IN 2~,~1-1~ 14:26 l/e er 4, 1999 ~D46 P. 2~D/25 MR. FERNA~ID~Z: I think what you have before you is -- you have a copy of the original and you have a copy of the proposed. So it's readily evident that what you're seeing right now is that therm are four independent structures that in this case my understanding is they were all sold as out-parcels. In regard to that, we're not here as a platting issue. We may be here for platting in the future, and so you'll have an opportunity to see that, i£ we desire to do so. But we can commit to -- if it's a significant issue, we can remove any concern about an out-parcel by removing that little box that's shown in front of the larger box and Just say what basically we're going to have, you know, a shopping center extension there. It's going to be -- in their words, we don't have to sell that under separate ownership. MR. PASSIDOM0: And Mr. Priddy, we don't think that there are any limitations in the planned unit development document on number of out~parce!s. We simply think that there's a master plan which is an iljustration of where these uses might go, and the master plan, as originally drawn, is inaccurate because it leads you to believe, as our neighbors do believe, Shat there's 11. something acres oC residential. The planned unit development doesn't say ~1. somethin~ acres of residential. There's 6.23 acres oC residential. I don't believe, and I'll be -- I stand to be corrected by staff -- that there are any number -- any limitation on the number of out-parcels or that it is ~'aven addressed in the text of the planned unit development document. ~d we're certainly not proposing that any text in the planned unit development document be revised. MR. FERNANDEZ: In addition to that, the comments about traffic ~eneration, we're still proposing the exact same square footage. We're not chan~ing the uses at all. Therefore, there is no intenmification at all on this site. There is none. We're also not proposing, as Mr. ~enderlong said, to have any additional access points. We're not showing any on our master plan, we're not eligible for any otherwise. All those were misstatements. ~verything that we have said is shown on that document. The only. changes are readily evidenced. And also, the text, if you look at the original POD, the text on the top right corner, it says circulation from multi-family to that area. There's an arrow there. It says from multi-family. It's -- the implication is that's not multi-family, because circulation is coming to it. In other words, pedestrians can access it from the residential property in the front. It was never intended to be anything ot~er than that. I think our graphic shows that very clearly, our map is very precise, there's no disagreement there with staff, and I think that your standards for evalaating this are enumerated. And staff has gone through them one by one. we've also done the exact same thing, and it meets the criteria. And so we'd ask you to approve it with the stipulations that Mr. Passidomo said. Pa~e 19 AC~.NDA IT~ MAY 2 3 2000 ~EOM :GOOBLETTE, COLEMRN 200~,01-10 14:26 ~[./ember 4, 1999 ~46 P.21/25 And just to clarify the height issue, we'd say 35 feet so it's a measurable height so there's no more discrepancies. And 35 feet, like I said, is the same height as the residents have across the way. And again, I'd reiterate that we hags 193 feet ~e~ween the two -- between the buildings, is a close proximity. That would be the closest proximity between their structures and the structures that would occur on these parcels. So between that and the buffers and the limitation of height, we certainly have minimized any impacts. ACTING COMMISSIONER PEDON~: Commissioner Wrage? COMMISSIO~R WRAGE: Ron, could -- site plan development changes are done administratively, right? MR. NINO: That's correct. COMMISSIONER WRAGE: What triggered to come before this board? I mean, what caused this to come before this board? MR. NINO: We viewed it as a change in the master plan. The master plan wasn't clear that the intent of the master plan was to use that property for commercial purposes. The insubstantial change process offers us all an opportunity to review the scope of that decision. MR. PA$SIDOMO: Mr. Chairman, in conclusion, if I could make one final remark. The reason why we think it is a technical reconciliation is the only way you can implement the land use acreage stipulated in the planned unit development document and create 24.01 acres of commercial is to extend it beyond what the master plan would r have otherwise suggested it could be. There's no chance whatsoever to PUD document. It's simply a reconciliation to implement what everybody has always believed, that there be 24.01 acres of commercial. To get 24.01 acres of commercial, the master plan has to be drawn in a way similar to this. ACTING COMMISSIOl~ER PEDONE: Commissioner Rautio? COMMISSIOATER RAUTIO: Followin~ up on Commissioner Abernathy's comments and the attorney's comments, you're tel!in~ us that indeed i~ we meet the 11 items in the Land Development Code that is the criteria for the insubstantial amendments, which are clearly identified on here, that we really don't have much choice? If you met the -- MS. STUDENT: The commission -- COM~4ISSI©NER P, AUTI0: -- criteria, we'd have to identify those criteria. MS. STLrDENT: The commission is the trier of facts and it is up to the commission to weigh the evidence presented by both staff and the petitioner and to reach a conclusion. And you're guided by that criteria. I cannot make ~he decision for the Planning Commission. You are the trier of fact. COMMISSIONER RALTTIO: Right. But we would have to 9o through and of the 11 items here actually identify those that do not -- we'd have to specify those in our motion that their criteria are not met? MS. STUDENT: Yes, for purposes of makin~ a record. COM~4ISSIONER RAUTIO: Well, I will say that I'm very sympathetic to what the residents of Kensington have said. Mr. ~enderlon¢ has Page ~0 MAY _7 3 ZOO0 ~OM :GOODLETTE, COLEMAN some real valid poinUs, in my opinion. But I'm sitting here as a relatively new Planning Commissioner, and these ll points are spelled out very clearly. MS. STUDENT: What I also must advise the Plannin9 Commission -- and some of the members that have been on for awhile know this -- but quasi judicial boards, as you are sitting in that capacity right now, are guided by criteria. A~d the case law in the State of Florida is that just residents' pure opposition is not sufficient. However, that if the residents present facts that 90 to the criteria that is competent, substantial evidence, you may consider that. ACTING COMMISSIONER PEDONE: Commissioner Priddy? COMMISSIONER PRIDDY: Mr. Nino, following up on Mr. Wrage's question -- and I readily ~ee that there was some confusion on what that tract of land was supposed to be used for. But what's in the PUP document that Mr. Passidomo has that was spelled out how many units of this and how many acres of this was supposed to be there, I guess we could assume that that six acres of residential was supposed to be up on Pine Ridge, and that the back part of that property then would be commercial? I mean, if you -- MR. NINO: No, let me go through those numbers with you. First of all, if staff had approved -- had recommended more than 16 units per acre on the net area available for residential purposes, we would have made a mistake in 1991. The 6.3 acres is complemented by five acres of the -- in other words, of the 12 acres of open space, in '91 we made a shtbjective conclusion that five acres of that open ~ ~pace was part of the multi-family project; ergo, we really base our ~ensity on 11.3, which is 16 units per acre. The problem here is to what extent is the property nearest Pine Ridge Road a part of the open space that was allocated to achieve the 16 units per acre. Chahram says in several places in his staff report that tkis issue is rather cloudy. It's not all that clear. And consequently, we indicated to you that we also had a problem, but we felt that the greater weight was on the ~act that they had met the criteria. COMMISSIONER PRIDDY: Well, I think it's -- you know, it's clear to me, as to others, that it was probably never intended for residential to be right up on Pine Ridge. So that leaves us then to either commercial or open space associated either with the commercial or with the residential -- M~. NINO: You're right. COMMISSIONER PRIDDY: -- that was to go there. ACTING COMMISSIONER PEDONE: I have a q~estion, Mr. Nino. It says pedestrian circulation from a multi-family tracZ. Could they, according to the PUP the way it stands today, pave it and put in a car lot with 35-foot lights, or would they be in violation of the PUD? MR. NINO: I don't think we would approve a site plan that would provide that without them first obtaining this determination. COMMISSIONER URBANIK: I have a question. ACTING COMMISSIONER PEDONE: Yes, Commissioner Urbanik? COMMISSIONER URBANIK: This question i for staff. JuSt a Page 2 FROM :GOODLETTE, COlEMaN 2000,01-18 14:27 ~[~ember 4, 1999 clarification. The original 1991 document has a lake in it. And been my experience that when lakes are present, they're usually part of a drainage system of a development. The petitioner's plan is to remove that lake. How does -- first ! guess my question is basically since it's filed in the original POD, do they have the righ~ now to remove it? MR. BADAMTCHIAN: This is an engineering question, and we checked with our water management engineers, and they made some calculations, and they said that lake is not necessary for the water management purposes. MR. NINO: But lakes are traditionally considered both water management and serve to meet the open space requirement. What Chahram is saying is back in '91 they provided more lake space than was required for their water management purposes, so we have to assume that it was more recreational in function than water management. COMMISSIONER U/IBANIK: And then they have the right to remove that? I mean, we have nothing to say about that, that's the petitioner's prerogative? MR. BADAMTC~IAN: The PUP document says they have to have 12.97 acres of open space lake and water management. And they have that without the lake. ACTING COM~4ISSIONER PEDONE: I have another question. At this time right now, if nothing is granted to them for the commercial area, 5hey have the right, according to their PUP, to come in and build seven-story buildings or six over garage, or as many as they can into this parcel with the density? MR. BADAMTC~!AN: Yes. The PUP allows six stories over ~arage. And if it is determined that the front parcel is residential, yes, they can have six-story over garage. COMMISSIONER BRUET: I've ~ot one more question. ACTING COMMISSIONER PEPONE: Go right ahead. COMMISSIONER BRUET: The building height issue again, you're talkin~ 35 feet for the commercial building only. The residential to the south, that building height would remain six stories over parking? MR. PASSIDOMO: That's not an issue on the table today. The only issue on the table today is to amend the master plan. to be consistent with the PUP document. And we will voluntarily a~ree to provide that there will be no commercial building in that area in excess of 35 feet in height. COMMISSIONER RAUTIO: No commercial. MR. PASSIDOM0: And if you like, we will a~ree never to put a residential buildin~ in that parcel at all at any height. MR. FERNANDEZ: I think what's really important, too, is that we did add one other thing to that master plan. You'll see there's some texts along with it that we worked out with staff, and it basically says, you know, when we do the SDP we have to show where that open space is. In other words, we have to provide 12.97 acres of open space, whether it's lake or it's ~reen space or it'~ buffers or what have you. And we have to show that. that. It will be shown. , Page 22 We don't have any problem doing 2 3 2000 u. FROM :GOOO~ETTE, COlEMaN 2~,~1-10 14:28 k[./ember 4, 1999 ~04~ F'.24/2S ACTING COMMISSIONER PEDONE: Anyone else? If there's no further 'comment, I'll close the public hearing. COMMISSIONER PRIDDY: Mr. Chairman, while I am terribly sympathetic to the -- what was approved in '91 with six stories over parking, it appears, as Ms. Rautio has pointed out, that that's not before us, and we don't have any control over that. I'm the last person that wants to see a seven-story building coming down Airport or Pine Ridge myself. But I quite honestly don't see that that's part of what our decision is here today. And I one am not finding anything in staff's report to refute that. So -- ACTING COMMISSIONER PEDONE: Any other discussion? There being none, I'll call for a motion. Thank you. I fill in and I get this, huh? There being no motion, what happens? MS. STUDENT: Well, there needs to be some action taken by the Planning Commission. COMMISSIONER PRIDDY: Okay, I'm usually the unpopular guy up here. I will do it. Mr. Chairman, I move that we forward Petition PDI-99-5 to the Board of County Commissioners for the recommendation -- MR. BADAM~CHIAN: It's approved here. It does not go to the Board of County Commissioners. COM~4IS$IONER PRIDDY: I move that we approve Petition PDI-99-5 with a recommendation of approval, based on the fact that I cannot find anything in staff's report -- anything to refute staff's report that would constitute this as anything other than an insubstantial change. COMMISSIONER URBANIK: May we add the criteria added by the attorney? COMMISSIONER PRIDDY: And I would place in that the criteria of lights being lowered to 20 feet, height of the commercial building being 35 feeS, with the enhanced landscape that was being offered by the petitioner. COMMISSIOAIER P~AUTI0: And what about no residential in that one parcel? COMMISSIONER URBANIK: It mentions that -- COMMISSIONER PRIDDY: And that there will be no residential on the commercial parcel. COMMISSIONER WRAGE: I'll second that. COMMISSIONER SAADEH: One more thing if you could add to your motion, Mr. Priddy, is the 195 feet minimum distance between what the petitioner is proposing to the closest structure in Kensington. I think they made that statement, and we want to hold them to it. MR. PASSIDOMO: We'll do it to the extent that we can control that. Obviously a lot of that setback is on the Kensington property. And we can't control what happens on Kensington's property. But we will represent to you that we will do nothing to infringe upon the 195-foot setback. COMMISSIONER PRIDDY: Yeah, if Kensington wanted to build a building, yeah, that's fine. P~ge 23 MAY 2 3 2000 ~OM :GOODLETTE, COLEMAN 941 43~ 1215 2000,01-10 14:28 ACTING COMMISSIONER PEDONE: We have a motion. Do we have a second? COMMISSIONER WRAG~: Second. ACTING COMMISSIONER P~DONE: I have a second by Commissioner Wrage. Any other further discussion? COMMISSIONER R_~UT!O: When I make -- when I say yes or no, can I make a statement with it? ACTING COMMISSIONER PEDOl~E: Okay, I call for the vote. aye. Yes, you can. Everyone in favor, signify by saying (Unanimous vote of ayes.) COMMISSIONER P~AUTIO: Aye. However, I -- ACTING COM~4ISSIONER PEDONE: Go ahead. COMMISSIONER RAUT!O: Okay, technically I think the criteria has been met here. And I apparently have to vote yes. But we have a master plan that was approved in 1991 that I have some real concerns with. My subjective approach would be that I would vote no. But, however, Mr. ~enderlong made some various valid points, in my opinion. But I can't see anything, as Commissioner Priddy says, to. change my vote. And I feel a responsibility, if petitioner has met criteria that's outlined here, that I have to vote yes. ACTING COMMISSIONER PEDONE: Okay. We have a unanimous vote yes. MR. FERNANDEZ: Thank you, commissioners. Something else I'd just like to add. We've had very ~ood discussions with Dex Groose and his group. We'll work with them to address those issues of the residential here in the near term. (Conclusion of Excerpt.} COLLIER COUNTY PLANNING COMMISSIONERS MICHAEL PEDONE, ACTING CHAIRMA~ TRA/~SCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CKERIE' R. LEON-E, NOTARY PUBLIC P~e 24 MAY 2 3 2000 EXECUTIVE SUMMARY PETITION CU-2000-01, RICHARD D. YOVANOVICH, ESQ. OF GOODLETTE, COLMAN & JOHNSON, PA. REPRESENTING BARBARA AND WILBUR CRUTCHLEY REQUESTING A CONDITIONAL USE FOR A BOAT DOCK AS A PERMITTED PRINCIPAL USE IN THE "RSF-4" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT FOR A PROPERTY LOCATED ON THE WEST SIDE OF WEST AVENUE AND IS FURTHER DESCRIBED AS PART OF LOT 1, BLOCK "E", LITTLE HICKORY SHORES UNIT # 2, IN BONITA SPRINGS. OBJECTIVE: The applicant is requesting Conditional Use "1" of RSF-4 Residential zoning district for a boat dock. CONSIDERATIONS: The Collier County Land Development Code prohibits boat docks as a permitted principal use on vacant lots, unless a conditional use is approved for this purpose. The property in question which measures 1200 square feet (30'X40') was subdivided from the platted Lot # 1 in 1970. Since this lot was created prior to the adoption of Collier County Zoning Ordinance (September 14, 1974), it is considered a legal non- conforming lot. This lot contains an old "L" shaped boat dock protruding 20 feet into the waterway. Over the years, because of sand deposit at the end of the canal close to 50 percent of the dock is over the water, the rest of it is over dry land. Staff could not find a Building Permit for this dock and the applicant who purchased the property in 1994, could not produce one. The application states that the dock was built in 1969, after a site visit and a close examination of the dock, it is staffs opinion that the date appears accurate. The intent behind this request is to have a conditional use approved for this boat dock which will remove any question about the legality of this dock in the future. Surrounding properties contain small docks parallel to the shores protruding five feet into the waterway. The Collier County Planning Commission heard this petition on January 6, 2000 and by a vote of 9-0 recommended approval. One person spoke against this petition at the CCPC hearing. Staff has received 16 letters in support of this request. AGE. hlOA ITE.~ 2000 FISCAL IMPACT: None. The intent behind this petition is not to build anything new, but rather remove any doubt about the legal status of the existing dock. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Residential area as shown on the FLUE map of the GMP. The property is zoned "RSF-4" Residential Single-Family. This district allows for certain conditional uses such as non-commercial boat launching facilities and boat docks. Therefore, this request is consistent with the FLUE 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. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for conditional approval. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2000-01 and by a vote of 9-0 recommended that the Board of Zoning appeals approve this petition. MAY 2 3 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER //REVIleWED BY: ~cONALD F. NINO, AICP, MANAGER URRENT PLANNING SECTION ROBERT'~I. ~ULHERE, AICP, DIRECTOR PLANNING SERVICES DATE DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MAY 2 3 2000 AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: March 17, 2000 RE: PETITION NO: CU-2000-01 OWNER/AGENT: Owner: Barbara and Wilbur Crutchley 191 Sixth Street Bonita Springs, FL. 34134 Agent: Richard D. Yovanovich, Esq. Goodlette, Colman & Johnson, PA 4001 Tamiami Trail North, Suite 300 Naples, FL. 34103 REQUESTED ACTION: The applicant requesting the approval of a conditional use for a boat dock as a permitted principal use in the "RSF-4" residential single family zoning district. GEOGRAPHIC LOCATION: The subject property is located on the west side of West Avenue and is further described as part of Lot 1, Block "E", Little Hickory Shores Unit # 2, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The Collier County Land Development Code prohibits boat docks as a permitted principal use on vacant lots, unless a conditional use is approved for this purpose. The property in question which measures 1200 square feet (30'X40') was subdivided from the platted Lot # 1 in 1970. Since this lot was created prior to the adoption of Collier County Zoning Ordinance (September 14, 1974), it is considered a legal non- AGENOA ITEM MAY 2 3 20O0 pg. o~o GULF OF i~ExICO MAY 2 3 200( conforming lot. This lot contains an old "L" shaped boat dock protruding 20 feet into the waterway. Over the years, because of sand deposit at the end of the canal close to 50 percent of the dock is over the water, the rest of it is over dry land. Staff could not find a Building Permit for this dock and the applicant who purchased the property in 1994, could not produce one. The application states that the dock was built in 1969, after a site visit and a close examination of the dock, it is staff's opinion that the date appears accurate. The intent behind this request is to have a conditional use approved for this boat dock which will remove any question about the legality of this dock in the future. Surrounding properties contain small docks parallel to the shores protruding five feet into the waterway. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: - Vacant and vacant with a boat dock, zoned RSF-4 North - Single family residence with a boat dock, zoned RSF-4 East - Single family residence, zoned RSF-4 South - Single family residence with a boat dock, zoned RSF-4 West - Canal STAFF ANALYSIS a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "RSF-4". Boat docks are permitted as accessory uses or conditional uses within the RSF-4 district. The subject property is designated Residential which allows accessory uses such as boat docks. Con: None. Summary Conclusion (Findings): The use in question is permitted within the Urban Residential District. This district allows residential uses and uses accessory to the principal uses, which includes Boat docks. This request is deemed to be consistent with the requirements of the Growth Management Plan. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The lot in question is large enough to contain one or two parking spaces; however, the owner of this property lives across the street and the dock is intended for his exclusive use. AGENDA IT.ll MAY 2 3 2000 Con: None. Summary Conclusion (Findings): Since the owner of this property lives across the street, no vehicular traffic is expected to be generated because of this lot and the boat dock it contains. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: This is a residential neighborhood with waterfront properties. Most, if not all, of the residences in the area have boat docks. This area is basically a boating community. The approval of a conditional use for a boat dock, which existed for almost three decades should have no impact on the neighborhood. Con: None Summary conclusion (Findinqs): This petition, if approved, will have no negative impact on the neighborhood. Compatibility with adjacent properties and other property in the district. Pro: Most, if not all, waterfront properties surrounding this lot have boat docks; therefore, in the opinion of the reviewing staff, this conditional use is compatible with adjacent properties. Con: None. Summary Conclusion (Findinqs): The proposed use is compatible with surrounding properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2000-01 to the BCC with a recommendation for conditional approval subject to all stipulations contained in the Resolution of Approval. MAY 2:3 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE 'R ,,II~ R0~ALD F. NINO, AICP, MANAGER CURRENT PLANING SERVICES 5.D7, DATE RO~E~ J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-2000-01 Staff Report for April 6, 2000 CCPC meeting. NOTE: This Petition has been advertised for the April 25, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. BUDD, CHAIRMAN AOF_{tDA iTEM MAY 2 3 2000 RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A NON-COMMERCIAL BOAT DOCK FACILITY CONDITIONAL USE "1" IN' THE "RSF" ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 5. TOWNSHIP48 SOUTH, RANGE 25 EAST. COLLIER cOLrNTY, 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. 9t-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geo~aphic divisions of the County., among which is the granting of Conditional Uses: and WHEREAS. the Collier County Planrang Comn'ussion, being the duly appointed and constituted planrang 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 "1" of Section 2.2.4.3 in an "RSF-I" zone for a non-commercial boat dock facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planrung Cornnussion; and WH'EREAS. all interested parties have been gp;en opportumty to be heard bv 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 bv Richard D. Yovanovich. Esq.. of Goodietie, Coleman & Johnson, PA representing Barbara and Wilbur CrutchIcy, with respect to the property. hereinafter described as: Exh/bit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.4.3 of the "RSF-I" Zoning District for non-commercial boat dock facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes o this B~ND. A I,--,, MAY 2 3 2000 pg. This Resolution adopted after motion, second and majon .ty vote. Done this dav of .2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE. CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Mami M. Scuden. Assistant County AttOhey g zadmm;CU-2000-O I ,' P-.ESOL UTION/CB,'Lq -2- M~¥ 7. 3 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with ~he Land Deveiopmenc Code and Growth Management Plan: / Yes No B 0 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 ingre~ & egress Yes v' No Affects neighboring properties in relation to noise, glad, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use wit~J~n district Yes ~' No Based on the~ings, this conditional use should, with stipulationS, ~!.c~p.y attached) (should not) be recommended for approval { /~.~f~0~2 / . EXHIBIT "A" g/admin~eINDING OF FACT CHAIRMAN/CU-2000-01/CB/im H ,Y 2 3 2000 F!N]DiNG OF FACT BY COLLIER COUNTY P!~uNNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized nhe conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: 2onsistency with the Land Development Code and Growth Management Plan: Yes L/ No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: 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 D. Compatibility with adjacent properties and oth'er property in the district: Compatible use within district Yes U,/ No Based on the above findings, thais ~o~ditional use should, with stipulations, (copy attached~(sho~-m~-~be recommended for approval . g/adrmnzFINDING OF FACT MEMBER/CU-20OOd)i/CB/im MAY 2 3 2000 /,2-- 2000 FINDING OF FACT BY EOLLiER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and wlil not adversely affect other property or uses in the same distrlc5 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 g/~IrmntFINDING OF FACT MEMBER/CU-2000-OI/CB/irn MAY 2 3 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ZU-2000-01 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditlonai use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in 5he same distr!ct or neighborhood because of: Consis5enc~y with 5he Land Development 2ode and Growth Management P~N Yes o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress Yes No Affects neighboring properties in relation to noise, glare,/conomic or odor effects: / No affect or Affect mitigated by Affect cannot be mlticated D o Compatibility with adjacent properties and other property in the district: Compatible use w. Lt-~fn district Yes / No Based on the above findings, stipulations, (copy attached) approval DATE: ~//~/$0 II g/~Imin/FINDING OF FACT MEMBER/CU-2000-0 I/CB/im thi~ c?~ditionai use should,/~rt~ ITEM 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The following facts are found: Section 2.2.4.3. 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 5he same distrio5 or neighborhood because of: Conslssency with 5he 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 & e/gross Yes ~/ No Affects neighboring properties in relation to noise, gla~ 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, th~s ccu~ditional use should, with stipulations, {copy attached) ( h~ not) be recommended for approval ~~~ AG~3~)A 'TE~ DATE: q- - O O MAY 2 3 2000 g/adrmwFINDING OF FACT MEMBER/CU-20OO-01/CB/im FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The following facts are found: Section 2.2.4.3. 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 mhe Land Development Code and Growth Management Plan: Yes / No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & eg/ress Yes ~/ No Affects neighboring properties in relation to noise, g~, 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/ithin district Yes ~ No Based on the above findings, this conditional use should, with st'~ns[ !c_opy atta.ched) g/admiw~INDING OF FACT MEMB ER/CU-20004] !/CB/im (should not) be recomme~ed f~ r AC~NDA ITEM 2 3 2000 FINIDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in nhe same distrlct or neighborhood because of: Consisnency with nhe Land Deve!opmen5 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 stipulatio~~/~ttached) (should n~t) be reco~--'~ed for approval ~V,~ ~___~ . ~ ~.__~ gY~lmin/F1NDINO OF FACT MEMBERYCU-20(R)-OI/C-q~im ~ MAY 2 3 2000 FINDING OF FACT BY iOLLiER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The fol!owing facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interesu and will not adversely affect other property or uses in 5he same district or neighborhood because of: Consistency wluh ~he Land Developmenu Code and Growuh Management P/: 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 t/No C o Affects neighboring properties in relation to noise, glar~/'economic or odor effects: ~/~ No affect or Affect mitigated by Affec5 cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes / No DATE: Based on the above findings, this conditional use should, with s~r_~!a~ons, (copy attached) (should not) be recommended for v~ ~adn~n/FINDING OF FACT MEMBER/CU-2000-OI/CB/ira MAY 2 3 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-01 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized 5he conditional use. o Granting the conditional use will not adversely affect the Dub!ic interest and will not adversely affect other property dr uses in the same distr!ct or neighborhood because of: Consistency with uhe 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 ~f No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect carLnot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~- No approval Based on the above findings, this conditional use should, with stipulations, {copy attached) should not) be recommended for -- AGENOA ITEM MEMBER ~'adn~wFrND~NG OF FACT ME~BEPJCU-20(~-01/CB/im MAY 2 3 2000 I,EG AI., DESCRIPTION BEING APART OF LOT I L1F BLOCK 'E' IN LII~'LE ttlCKORY SttLI£ES LINI T NO.2, ACCORDIN6 TO THE PL A r THEREOF RECORDED IN PL A T BOOK 3,PAlE 79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PAR TICUL ARL Y DESCRIBED AS FOL L COMMENCING AT THE NORTHEAST CORNER OF SAID LOT b THENCE k/EST ALONG THE NORTH LINE OF SAID LOT I FOR 30 FEET AS SHD~/N EIN PLAT; THENCE SOUTH PARALLEL WITH TIlE EAST LINE OF SAID ! ACCORDING TO SAID PLAT FOR 40 FEET! THENCE EAST PARALLEL ~/1TH THE NORTH LINE OF SAID LOT ACCORDING TO THE SAID PLAT nOR 30 FEETs' THENCE NORTH ALONG THE EAST LINE OF SAID LOT FOR ~0 FEET TEl THE POINT OF BEGINNINO. 2000 SLfRVE)' SKETCIt OF BOUNDAR}' NOT FOR CONSTRUCTION NOT FOR DESIGN r- !~ ! ,,'2' 3553 LO~ ,' BL OF.K ' '~' FANAL \ , ~P~ /'J Z~A k/At ' S. 89'43'4~'k'. FIP 5/8' 6746 Fig 5/8' ,,,,[? 1,o 30. 08' ' r') I.EG,\I, DESCRIPTION PFIN6 A PART OF LOT ] (IF BLOC^' '[' IN LIIILE tilCI(O£Y 51t0£[S ~ Wtt Nfl2. mCCD~BIN6 ~0 IH[ PL ~ ~ IHE~EDF ~ECO~BEB IN P[ m l BOOK 3. PAgE 79. PUBLIC RECORDS DF COLLIER [OUNI[ FLORIDA 3[1N6 MORE PmRTICULAPL r DESCRIBED AS FOLLOWS CO~[NCIN6 AT THE NORTHEAST CORNER OF SAID LOT 1; IHENC[ ~'EST AL~5 iHE NORIH LINE OF SAID lO~ I FOP 3D FEET AS SHOWN HH PLAT,' iHENCE 50UHV PARALLEL WITH THE EAST LINE IF SAID / ACCBRDIN5 [0 SAID PLAT FOR 4D FEEL THENCE EAST PARALLE~ ~ITH THE NORTH LINE ~F SAID LOT ACCORDINg A? THE SAID PL~T FOR 30 FEET, THENCE NORTH ALONG THE EAST LINE ~r SAID LOT FOR Qn FEET TO THE POINT OF BEGINNING EXHIBIT (' E RTI!PlC ,\WlO N P.D, 3, N.E, CORNEt~ OF L o T 30' ' · ;Y - SCALE I' = !0' Io G~'APNIC SCALE MAY 2. FLOOD ZONE 4£ :.' COMMUNIT f PANEL i~0067-0l?~[, DATED Z-16 -95 (FLOOD ZONE "B'."C"."D". & "x" ARE NOT iN D~SIGIqAIED FLOOD H~Y,~PF~ ?~t4¢ ,,ora ~ CONDITIONS OF APPROVAL CU-2000-01 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on April 6, 2000. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). No parking of any vehicles shall be allowed on this property. This conditional use shall expire and the dock must be removed, Should the title of this property be conveyed or the property be rented to anyone other than the owner or tenant of Lot 10, Block 16, Little Hickory Shores Unit 2. EXHIBIT "D" MAY 2 3 2000 APPLICATION FOR PUBLIC HEARING FOR: CONDITIOiV~E- Petition No.: Commission District: Date Petition Received: ABOVE TO BE COMPLETED BY STAFF 1. General Information Name of Applicant(s) Barbara Crutchley and Wilbur Crutchley Applicant's Mailing Address 191 Sixth Street, City Bonita Springs Applicant's Telephone # 992-2324 State FL Fax # Zip 34134 Name of Agent Richard D. Yovanovich, Esq. Agent's Mailing Address 4001 Tamiami Trail North, Suite 300 City Naples State FL Agent's Telephone # 941-435-3535 Firm Goodlette, Coleman & Johnson, PA Zip 34103 Fax # 941-435-1218 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING ' 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APP!.ICATION FOR PIYBLIC' HEARING FOR CONDITIONAIL USE . 6/98 MAY 2 3 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip. Name o fHomeowner Association: Mailing Address City State__Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State__Zip. NameofCivicAssociation: Mailing Address City State ~ Zip Disclosure of Interest Information: 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 Wilbur H. and Barbara A. Crutchley as tenants by the entirety JAPPLICATION FOR PURI.IC HEARING FOR CONDITIONAl. USE . 6/98 Percentage of Ownership lOO - AGENDA MAY 2 3 2000 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 Go If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ov. mership do 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 MAY 2 3 2000 APPLICATION FOR PUB!3C tt£ARING FOR CONDITIONAL IISE -6/98 If any contingency clause or contract term involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address o g. Date subject property acquired ( ) leased (x):7/15/94 Term of lease g]ergttual yr./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property. covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 5 Township: 48S Range: 25E Lot: 1 Block: E Subdivision: Little Hickory. Shores Plat Book 3 Page #: 79 Property I.D.#: 55900440003 Metes & Bounds Description: See attached Exhibit "A" Size of property: 30 ft. X 40 ft. = Total Sq. Ft. 120Acres .00 Address/general location of sub.iect property.: Comer of Sixth Street West and' Avenue, Bonita Springs APPI.ICATION FOR PUIrI!.I(' HEARING FOR CONDITIONAl. USE- 6/~8 VeStdAY 2 3 2000 6. Adjacent zoning and !and use: Zoning Land use N RSF-4 Residential Homes - Little Hickory. Shores S RSF-4 Residential Homes - Little Hickory. Shores E RSF - 4 Residential Homes - Bonita Shores WRSF - 4 Residential Homes - Little Hickory. Shores' Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book__Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # ~of the RSF district for (TYPE OF USE) Boat Dock Present Use of the Property: Boat dock since1969 APPI.ICATION FOR PIYBLIC HEARING FOR CONDITIONAL I!~E o 6/98 Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4 of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any,'have been met, and that further, satisfactory provision and arrangement have been made 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). Ac..~r~,~ Ix~ I AY 2 3 20 ^G ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): RSF zoning districts include accessory.; including uses for boat docks. The boat dock has existed since 1969. The lot on which it was constructed was created in 1970. Thus the lot is a legal lot as defined by the Court .ty's interp. retatipno of its ordinances. This conditional uses is consistent with r~resent zoning requirements. - Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe:The property. is easily accessed by West Avenue. No additional in.ess, e~ess or additional structures are necessary.. The boat dock has been in existence since 1969. It is owned and serves the residence located across the street. There will be no effect on traffic in the area. go APPI_ICATION FOR Pl I!tI_IC HEARING FOR CONDITIONAL USE - 6/98 Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: This conditional use will have no measurable effect on neighboring properties. The previous owner of the property to the south of the boat dock actually sold a portion of the property. to the property owner from whom the Crutchley's acquired the boat dock. The neighboring property. owner originally consented to the boat dock and assisted in its being able to be constructed by selling the property. in the first place. The property has been used as a boat dock for nearly 30 years and most other properties in the area have boat 'docks. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The vast majority of other properties in the area are also have boat docks. This existing boat dock does not interfere with the adjacent properry's use and enjo.vment of the water ant their~10~,l~'." -- MAY 2 3 2000 ' PAGE 6 eo Please provide any additional information which you may feel is relevant to this request: The Petitioner does not own property. contiguous with the subject properly., but does own property directly across West Avenue in Bonita Shores at 191 Sixth Street, Bonita Springs. The current property. owner adjacent to the boat dock nurchased the property with full knowledge of the boat dock's existence. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, may communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property.: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that heating? No, 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Do Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of the site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board CEAB), or CCPC]; . · all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], locations of solid waste (refuse) containers and service functions area required yards, open space and preserve areas, proposed locations for utilities (as-well as location of existing utility se~ to the site, AGENDA t,4AY 2 3 2000 · proposed and/or existing landscaping and buffering as may be required 1 the~,~~ County, · location of all signs and lighting including a narrative statements as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.85 of the Land Development Code (LDC). go Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPI.ICATION FOR PU!tLIC HEARING FOR CONDITIONAL IJS£ - 6/98 AGENDA ITEM MAY 2 3 2000 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: M. ESD]LTi~ Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. o ]~ID]LT_I~ Required for all other conditional use (an rezone) requests. A minor TIS shall include the following: Trip Generation: (at buildout) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service(LOS). Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the u'ansportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Ckcutation Element (TCE) of the Growth Management Plan (GMP), including policies (1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 2. 3. 4. 5. Intersection Analysis Background Traffic Future' Traffic Through Traffic Planned/Proposed Roadway Improvements MAY 2 3 2000 6. Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL I;,gE -6/98 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. - Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links with the RDI. Level of Service .(LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a) b) an area as set forth below; or the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Residential 5 Miles or a required by DRI Other (commercial industrial, institutional, etc.) 0 - 49,999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199,999 Sq. Ft. 4 Miles 200,000 - 399,999 Sq. Ft. 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). ~~ APPLICATION FOR Pl!l!!.IC HEARING FOR CONDITIONAL USE - 6/98 MAY 2 3 2000 PAGE e Background Traffic: The effects previously approved but undeveloped or partially developed project which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. Eulnlt_T_l:affm: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided~ Potential development is that which may be developed maximally under the effective Future Land use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the project development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. e Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvement located within the RDI should be identified. A description of the funding commitments shall be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as pan of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. T1S FORM RVB/RJM 10/17/97 APPLICATION FOR PI~RI,IC HEARING FOR CONDITIONAl. USE - 6/98 AC, ENDA ITEM MAY 2 3 2000 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): ZIP 4. LEGAL DESCRIPTION: Section: Township: Lot: Block: Plat Book Page #: ~ Metes & Bounds Description: Subdivision: Property I.D. #: Range: TYPE a. b. C. d= TYPE a. b. C. OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT SYSTEM (GPD capacity) SEPTIC SYSTEM [] [] [] OF WATER SERVICE TO BE PROVIDED: COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) [] [] [] APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL L'SE- 6/98 A~A ITEM MAY 2 3 2000 all2 OF 1.c/' '~ 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as specific statement regarding the method of effluent and sludge disposal. Ifpercolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEblENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain 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. Utility Provision Statement RJM 10/17/97 APPI.ICATION FOR PI~'BI.IC HEARING FOR CONDITIONAL I~SE -6/98 ACIF._I~ A ITEM MAY 2 3 2000 Pg. ·/ P^' EXECUTIVE SUMMARY CU-2000-03, GEORGE L. VARNADOE, ESQ., OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING LA PLAYA LLC, REQUESTING CONDITIONAL USE "5" OF THE "RT" RESORT TOURIST ZONING DISTRICT FOR A PRIVATE CLUB PER SECTION 2.2.8.3 FOR PROPERTY KNOWN AS THE LA PLAYA HOTEL AND BEACH CLUB, LOCATED ON GULFSHORE BOULEVARD, FURTHER DESCRIBED AS THE LOTS 25 THROUGH 30, INCLUSIVE, BLOCK A, UNIT NO. 1, AND LOTS 24 THROUGH 28, INCLUSIVE, BLOCK B, UNIT NO. 1, CONNER'S VANDERBILT BEACH ESTATES, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks approval of conditional 'use //5 of the "RT" Resort Tourist zoning district for a private club. CONSIDERATIONS: The property is La Playa Hotel and Beach Club at 9891 Gulfshore Drive, Naples, Florida. The purpose of this petition is to add the uses associated with a "private club" to the current functions of the La Playa Hotel and Beach Club, a resort hotel. This is to be accomplished in conjunction with a major expansion and remodeling of the existing resort hotel of which the "private club" aspect is seen as an integral part of the enhancement goal. The private club facility will be established in areas currently used for hotel functions. The enhancement plan involves removing a portion of the low-rise hotel and all parking areas on the west side of Gulfshore Drive. This space will be utilized for pools, pool decks, landscaping, and other beach resort amenities for hotel guests and club members. The hotel and the private club will function in a unified manner in that the common spaces and recreational amenities will be available to both private club members and hotel guests. Simply adding another use dimension to the current "RT" zoning classification, through the conditional use process does nothing to change the relationship of this property from the FLUE to the GMP. A conditional use is a permitted use to which the applicant is entitled, unless the zoning authority determines that such a use would adversely affect the public interest. All of the enhancements and intent to be user selective will not change the way the principal use as a resort hotel impacts the various levels of service thresholds established by the Growth Management Plan. Staff is of the opinion that the conditional use is consistent with all elements of the Growth Management Plan. Specifically the Future Land Use Designation Description Section for the Urban Residential Subdistrict (FLUE-I-23) encourages water dependent and water related land uses in the coastal region. The FLUE encourages coordinated mixed-uses which may benefit from the proximity to and/or integration with. ........ water dependent and water related uses. The addition of a private beach club to the existing La Playa Beach Resort furthers this goal of coordinated mixed uses and the inclusion of recreational uses integrated with existing water dependent and water related uses. Conditional uses require a Findings of Fact as provided at Section 2.7.4.4. of the Land Development Code. Staff analysis of these criteria supports approval of the conditional use. The Collier County Planning Commission similarly affirmatively evaluated the criteria to support their recommendation for approval. Members of the public spoke in opposition to the approval of this petition citing the conclusion that the enhancements and addition of a private club will exacerbate current traffic deficiencies along Gulfshore Drive. FISCAL IMPACT: If this petition is approved, there may be fiscal impacts to Collier County over and above what those impacts may be from the current operation of the La Playa Hotel and Beach Club. Collier County's impact fee ordinance and utility connection permit fees are designed to cause new development to pay for the added costs of public infrastructure. Most recently these impact fees were substantially increased and broadened to cover a greater amount of public infrastructure (i.e. correction facilities). No determination can be made at this time relative to the revenue which will be generated by the planned expansion because we do not have specific plans nor planned floor area increase dimensions upon which to base impact fee revenues for the various impact fees charged by Collier County. In addition to impact fee revenues the planned expansion will produce additional ad valorum taxes. We do not know the value of the planned expansion, and therefore cannot make any estimate of additional ad valorum taxes. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: 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: Planning Services staff recommended that the Collier County Planning commission recommend approval of Petition CU-2000-03 to the Board of Zoning Appeals, subject to the enhancements and design features iljustrated at the Public Hearing and entered into the record. EAC RECOMMENDATION: Because the petition did not require an Environmental Impact Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: Statement, the Collier County The Collier County Planning Commission heard this petition on April 20, 2000. They unanimously (8- 0) recommended approval of this conditional use as described by the Resolution of Adoption and exhibits thereto. / I ) PRFjPARED, BY~ '! [[ONALD F. NI~O~'IAXlzCP CURRENT PLANNING MANAGER V ",,R~)BI~R~ J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE APPRO~ ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE CU-2000-03 EX SUMMARY/md f,,.,, ,: 3 7.::3 AGENDA ITEM 7-E MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES .MARCH 13,2000 PETITION NO: OWNER/AGENT: CU-2000-03, LA PLAYA HOTEL AND BEACH CLUB (COMPANION TO V-2000-09) Agent: Mr. George L. Vamadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Owner: La Playa, LLC 570 Kirkland Way Kirkland, Washington 98033 REQUESTED ACTION: This petition seeks approval of conditional use #5 of the "RT" Resort Tourist zoning district for a private club. GEOGRAPHIC LOCATION: The property is La Playa Hotel and Beach Club at 9891 Gulf Shore Drive, Naples, Florida (See location maps on following page). 1 PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to add the uses associated with a "private club" to the current functions of the La Playa Hotel and Beach Club, a resort hotel. This is to be accomplished in conjunction with a major expansion and remodeling of the existing resort hotel of which the "private club" aspect is seen as an integral part of the enhancement goal. The private club facility will be established in areas currently used for hotel fimctions. The enhancement plan involves removing a portion of the low-rise hotel and all parking areas on the west side of Gulf Shore Drive. This space will be utilized for pools, pool decks, landscaping, and other beach resort amenities for hotel guests and club members. The hotel and the private club will function in a unified manner in that the common spaces and recreational amenities will be available to both private club members and hotel guests. SURROUNDING LAND USE AND ZONING: Existing: Surrounding land uses will not be affected by what amounts to a change in the way people will access and use the property. All of the functions that characterize a private club are in place currently. The only change will be that the clientele will be more selective. It is the opinion of staff that this will have no more or no less an impact on adjacent properties, all of which are, zoned "RT." GROWTH MANAGEMENT PLAN CONSISTENCY: Simply adding another use dimension to the current "RT" zoning classification, through the conditional use process does nothing to change the relationship of this property from the FLUE to the GMP. A conditional use is a permitted use to which the applicant is emitled, unless the zoning authority determines that such a use would adversely effect the public interest. All of the enhancement and selectiveness of users will not change the way the principal resort hotel usage impacts the various levels of service thresholds established by the Growth Management Plan. Staff is of the opinion that the conditional use is consistent with all elements of the Growth Management Plan. Specifically the Future Land Use Designation Description Section for the Urban Residemial Subdistrict (FLUE-I-23) encourages water dependent and water related land uses in the coastal region. The FLUE encourages coordinated mixed-use sites of water dependent and water related uses and the inclusion of other recreational uses which may benefit fi'om the proximity to and/or integration with water dependent and water related uses. The addition of a private beach club to the existing La Playa Beach Resort furthers this goal of coordinated mixed uses and the inclusion of recreational uses integrated with existing water dependent and water related uses. 2 In addition to the priority for shoreline land use being given to water dependent uses, the Project meets the criteria of utilizing a presently developed site where water dependent, or water related uses have been previously established (FLUE-I-23). The Project is consistent with and furthers Policy 3.1 (F) of the Future Land Use Element by improving the safety and convenience of on-site traffic flow and vehicle parking needs, improving the design standards for access from the abutting roadway, and improving landscaping and buffering criteria. The Project furthers the objectives of Policy 5.5 by using existing land zoned for urban intensity uses, as opposed to permitting development of other areas. The private club use is compatible with and complementary to the surrounding land uses required by Policy 5.4 of the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The 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 Department Staff. Comments raised by engineering and transportation engineering staff suggest that the space, which is available to conduct the unrelated use, is too small an area and may encumber the way the auto wash facility operates. The nature of the petition did not require EAB consideration. CRITERIA EVALUATION: The Current Planning Staff has 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. 3 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 of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, 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. a. Consistency with this code and Growth Management Plan. Pro: The requested uses are consistent with applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view of consistency evaluation with the GMP and LDC. Summary Conclusion (Findings): The proposed use is authorized in the urban residentially designated area, and is conditionally permitted in the "RT" zoning district. Conditionally authorized uses are typically uses that are essential or otherwise complimentary to the underlying zoning district, except that there may be in certain cases relationships with nearby land which require special attention to bring about compatible relationships. Staff is of the opinion that in fact the conditional use for a private club does not change the way this property functions. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: i) The overall enhancement plan will materially improve vehicle and pedestrian access movement to and from use activities. The existing La Playa facility has a number of vehicular accesses to Gulf Shore Drive as a result of having been constructed in phases over a number of years with parking on both sides of the street. All of the driveways will be terminated with the exception of driveway configuration that will be established on the south end of the property leading to a parking structure on the west side and to the hotel complex on the west side as a drop-off and valet reception area. This is a substantial improvement over the current operation where patrons seek parking spaces in several areas. In addition, the enhanced streetscape on the west side will provide for a sidewalk, which is, in most cases, moved away from the traffic lanes, and with a crosswalk which will be differentiated by pavers and by signage. 4 ii) Access to beachfront activities is unencumbered for emergency medical personnel and fire suppression vehicles via the vehicular access area provided on the west side. Con: Gulf Shore Drive is a two-lane facility with very intensive land uses. Presumably during peak season some time loss may be experienced by emergency providers in reaching the subject property. Summary Conclusion (Findings): The relationships inherent in these criteria can be addressed by employing optimum site planning standards. In the opinion of staff the conditional use master plan is responsive to ingress and egress and on-site circulation requirements. The streetscape element created by the overall enhancement program will dramatically improve vehicular and pedestrian movement to and from the site. There will be no parking on the western side of Gulf Shore Drive, and all parking will be via valet in the east side parking structure. The number of access points for vehicular ingress and egress to the property to be minimized with the main access to the private club/hotel on the west, and the parking facility on the east to be coordinated and aligned so that vehicular safety, and convenience, traffic flow and control are greatly enhanced. During peak season, coupled with the success of the La Playa Hotel and Beach Club as a resort hotel, Gulf Shore Drive may experience operational deficiencies, which may affect emergency access. Nevertheless, the addition of the private club should make no difference to this operational condition as it exists today under the current operational mode. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: i) The addition of the private club will not affect the current impacts this property has on neighboring properties in relation to noise, glare, economic or odor effects. Con: None Summary_ Conclusion (Findings): The addition of a private club does not change the. operating characteristics of the property but merely is more selective of its clientele. The current impacts will not change as a result of the addition of a "private club" component and as such should have no additional impact on neighboring properties in relation to noise, glare, economic or odor effects. 5 The site currently contains the maximum allowable number of hotel rooms. The upgrading of the facilities and the increase in open space on the west side, along with the construction of hotel and parking structure on the east side, will all prevent the conditional use from having an adverse impact on the neighboring properties. The upgrading of the facilities to a four star hotel will have a positive economic impact on the surrounding properties and the aesthetics of the neighborhood, when viewed from the street, the beach or bay. Although it is unrelated the added capital investment in the property and enhancement program will likely increase the success of the resort hotel further exacerbating its impact on the neighborhood. This can occur however with or without the private club element and should therefore not be a factor in this evaluation process. Compatibility with adjacent properties and other property in the district. Pro: i) The project is deemed compatible by virtue of the fact that the zoning classification is the same as that of surrounding properties all of which are developed with uses authorized by the RT zoning district. Con: ii) The effect of the change is an internal one only affecting the type of user. This will have no noticeable affect on external properties. Summary_ Conclusion (Findings): The property currently functions as a major resort hotel which also enjoys a high percentage of uses in its public areas (i.e. restaurant and lounge facilities which are open to the public. The functional activities associated with the hotel will not change with the added component of the private club but rather this may produce a more selective user/clientele. Properties at the boundary of the hotel property will not know that the user is a more limited clientele from that of the general public, and therefore in terms of compatibility the conditions do not change. While unrelated to the conditional use a host of property enhancements are aimed at visually improving the streetscape which should make the current activities more compatible with its environment. The Land Development Code charges the Collier County Planning Commission with the requirement to hold a public hearing for variance petitions and to make certain findings before recommending an approval to the Board of Zoning Appeals. The Planning Commission is to consider and be guided by the following findings in making a determination: General Comment - This petition request provides a window of opportunity to address perceived areas of incompatibility between current operational characteristics and neighboring properties and may thus unjustifiably initiate considerations to impose operational constraints on existing uses. 6 In consideration of the type of application and staWs assessment that the private club does not add a new dimension to the impacts, any conditions that are unrelated to a cause and effect created by the private club would appear unjustified. Undoubtedly, concerns will be expressed over noise transmissions associated with current gulf side entertainment activities. Noise transmissions are regulated by a Noise Ordinance and therefore should noise levels exceed those allowed by law then this becomes the business of Code Enforcement. On the other hand should the County amend the Noise Ordinance then this would become uniformly applied to all land uses in Collier County and would be more properly the way to deal with noise transmissions. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of CU-2000-03 a petition to allow a private club, Conditional Use "5" of the RT zoning district on the property described in the Resol~. ~o(~f Approval. PRE DB :, ~, RONALD F. NiNO~ ~,,o DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNIN~/~R¥ICES DEPARTMENT DIRECTOR VINCENT 'A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number CU-2000-03 Staff Report for the April 6, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/admin/Staff Report/CU-2000-03/RN/im 7 APPLICATION FOR PUBLIC HEARING FOR: C~i~DjrTIONAL ....... Petition No.' Commission District: Date Petition Receive&.. ~ Planner Assigned: ~ ]4J: ..... General Information ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Applicant's Mailing Address City Kirkland Applicant's Telephone # Name of Agent George L. Vamadoe, Esq. Anderson. P.A. La Playa, LLC 570 Kirkland Wav State 425/827-8737 Washington Zip 98033 Fax # Firm Young, van Assenderp. Vamadoe & Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Florida Agent's Telephone # 941/597-2814 Fax # Zip 34108 941-597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPEICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE I Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City. State Zip Name of Homeowner Association: Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: N/A Mailing Address City State ~ Zip Name of Civic Association: N/A Mailing Address City State __ Zip 2. Disclosure oflnterest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 2 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 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 The Halstatt Partnership 50% 570 Kirkland Way Kirkland, WA 98033 Westgroup La Plava, LLC 50% 570 Kirland Wav Kirkland, WA 98033 If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Do Date subject property acquired (x): January 14, 2000 If, Petitioner has option to buy, indicate date of option: terminates: ., or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public heating, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property, involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 29 Township: 48 South Range: 25 East Lots: 25 - 30 Block: A and Lots: 24 - 28 Block: B Subdivision: CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1 Plat Book 3 Page #: 8 and 9 Property I.D.#: 27480720006, 27480760008, 27480800007, 27481640004, and 27481680006 Description: Lots 25 through 30, inclusive, Block A., Unit No. 1, and Lots 24 through 28, inclusive, Block B, Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, according to the plat recorded in Plat Book 3, Pages 8 and 9, of the Public Records of Collier County, Florida. less the right of way for Gulf Shore Boulevard. Size of property_: __ft. X ft. = Total Sq. Ft. AcLes 5.94 Address/general location of subject property: La Playa Beach Resort, 9891 Gulfshore Drive, Naples, Florida 34108 APPLICATION FOR PUB1JIC HEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 4 Adjacent zoning and land use: Zoning N RSF-3 S RT E N/A W N/A Land use Single Family Homes Multi-Story Condominiums Vanderbilt Lagoon Gulf of Mexico 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: N/A Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: 7. o Type of Conditional Use: This application is requesting conditional use # 5 RT district for CrW'E OF USE~ PRIVATE CLUB of the _ Present Use of the Property: RESORT HOTEL Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, stafffs 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). APPLICATION FOR PUBLIC ltEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 5 10. ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): See attached "Conditional Use Request". 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: See attached "Conditional Use Request". c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: See attached "Conditional Use Request". d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: See attached "Conditional Use Request". e. Please provide any additional information which you may feel is relevant to this request. See attached "Conditional Use Request". Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (includlr/g pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating APPLICATION FOR PUBLIC }lEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 6 , 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). do Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre'application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC !tEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 7 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) Trip Assignment: Within Radius of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to thgmim/egr~h~ ~tintmtrrpgb~iffmga)a)-ntmtxhazqJrlani~ng othetimigaxi~gmnnts. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development .~PPLICATION FOR PI!BLIC ItEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 8 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or fezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the proj ect's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. o Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier Coun~ Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas~ a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industr/al, institutional, etc.) 0- 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. o APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 10/98 Document2 Intersection Analysis:. An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Background Traffic: The effects of previously approved but undeveloped or partially PAGE 9 , e .... developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 .APPLICATION FOR PUB!.IC IIEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 10 Conditional Use Request The proposal is to substantially upgrade the existing LaPlaya Beach Resort facilities to a "four star" boutique hotel. The cost of the resort amenities is such that a "private club" conditional use is necessary to economically justify the upgraded facilities. The plan is to remove a portion of the low rise hotel and all of the parking on the west side. This space will be utilized for pools, pool decks, landscaping, and other beach resort amenities for hotel guests and club members. The hotel rooms that are to be removed from the west side will be replaced in a building on the east side of Gulf Shore Boulevard that will also contain relocated meeting rooms and be adjacent to the existing conference space, and parking for all of the land uses on the site will be accommodated in a parking structure on the east side. All parking for the hotel and private club will be valet parking. The streetscape will be improved with enhanced landscaping and sidewalks; vehicular and pedestrian ingress and egress will be coordinated and clearly designated; and the number of vehicular access points greatly reduced. It should be recognized that the requested use is a "conditional use", referred to as a "special exception" in other jurisdictions. A conditional use is a permitted use to which the applicant is entitled, unless the zoning authority determines that such a use would adversely effect the public interest. In this instance, the requested conditional use is for a private club in the Residential Tourist Zoning District. Providing a beach club for residents of other areas would seem totally consistent with providing facilities for tourist accommodations on the beach and would further, not adversely effect, the public interest. This application is for conditional use number 5 in the Residential Tourist District (Section 2.2.8, Land Development Code). As stated in §2.2.8.1, the purpose and intent of the Residential Tourist District (RT) is to provide lands for tourist accommodations and support facilities. The request is to add a private beach club to the existing LaPlaya Beach Resort. The proposed use is consistent with and furthers Collier County Land Development Code and Growth Management Plan as follows: The Future Land Use Designation Description Section for the Urban Residential Subdistrict (LU-I-23) encourages water dependent and water related land uses in the coastal region. The FLUE encourages coordinated mixed-use sites of water dependent and water related uses and the inclusion of other recreational uses which may benefit from the proximity to and/or integration with water dependent and water related uses. The addition of a private beach club to the existing LaPlaya Beach Resort furthers this goal of coordinated mixed uses and the inclusion of recreational uses integrated with existing water dependent and water related uses. In addition to the priority for shoreline land use being given to water dependent uses, the Project meets the criteria of utilizing a presently developed site where water dependent, or water related uses have been previously established (LU-I-23). The Project is consistent with and furthers Policy 3.1 (F) of the Future Laffd Use Element by improving the safety and convenience of on-site traffic flow an~ vehi. c4. . Page 1 of 2 parking needs, improving the design standards for access from the abutting roadway, and improving landscaping and buffering criteria. The Project furthers the objectives of Policy 5.5 by using existing land zoned for urban intensity uses, as opposed to permitting development of other areas. o The private club use is compatible with and complementary to the surrounding land uses required by Policy 5.4 of the Future Land Use Element. The existing LaPlaya facility has a number of vehicular accesses to Gulf Shore Boulevard as a result of having been constructed in phases over a number of years with parking on both sides of the street. The proposal is to substantially upgrade the existing LaPlaya Beach Resort tower building and low-rise structure to the status of a four star hotel. In addition, a portion of the low-rise structure will be removed to provide for a substantially enhanced ground-level of decks, pools, and landscaped area on the western side for hotel guests and private club members. There will be no parking on the western side of Gulf Shore Boulevard, and all parking will be via valet in the east side parking structure. The number of access points for vehicular ingress and egress to the property to be minimized with the main access to the private club/hotel on the west, and the parking facility on the east to be coordinated and aligned so that vehicular safety and convenience, traffic flow and control are greatly enhanced. In addition, the enhanced streetscape on the west side will provide for a sidewalk which is, in most cases, moved away from the traffic lanes, and with a crosswalk which will be differentiated by pavers and by signage. The conditional use will have no adverse impacts on neighboring properties in relation to noise, glare, and odor. The site currently contains the maximum allowable number of hotel rooms. The upgrading of the facilities and the increase in open space on the west side, along with the construction of hotel and parking structure on the east side, will all prevent the conditional use from having an adverse impact on the neighboring properties. The upgrading of the facilities to a four star hotel will have a positive economic impact on the surrounding properties and the aesthetics of the neighborhood, when viewed from the street, the beach or bay. The property is developed as a beach resort hotel, and is adjacent to RT zoning on the south, and single-family zoning on the north. The private club facilities have been concentrated in the center of the site away from the single-family residences to the north, and are compatible with and complementary to the other RT uses in the district[ The upgrading of the facility and the increase of open space on the west side will make the project more compatible, rather than less compatible, with surrounding land uses. F:\users\LANA\Wp8\LaPlaya\Conditional Use Evaluation Criteria.wpd Page 2 of 2 AFFIDA l~TT We/I, 'T-lq¢ I-~-d~zcvt i~v, rct ~7~f ? 64~rv being first duh' sworn, depose and say that we/l am/are the owners of the propert), described here'in and which is the subject matter of the proposed hearing,' that all the answers to the questions in this application. including the disclosure of interest information, all sketches, data, and other supplementao' matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or Court0' printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and all required information has been submitted. As proper.ty owner We/I further authorize 61e_o~-o,e_ ~oo,'mc~, o~ ~c511.,~, to act as our/mv representative in an), matters regarding t~is Petition. v'aa~ ~'-'-,o~c~e~t>, '4'Ox~O.~be." /atxO'w'b°vt~ 12 Signature of ProperO' Owner Typed or Printed Name of owner T)fed or Printed Name of owner The foregoin..qg instrument was acknowledged before me this 02 ~ *~ day of fJd~Lttg4x,/ 2000, by ~ OLI~T C, ~ U~ who is personally ~',~ t~ me or has producdd as identificatio~ -~- J x~.a¥ % o.,:~^L.OT^.~ sty_ I I O_ _% SUS^. ~ ~*TU.O ' I~ ~ o c~ l~ ~ ~ CC589434 State ofFio~i~ ~ ~OCT. ~ ~,~oo~_ j Coun~ of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notao, Public) F:\usersXLANA\Wp8\LaPlaya\Conditional Use Application Form.wpd APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 10/98 Document2 PAGE 14 OF 15 02/21/00 MON 16:38 FAX 941 262 1840 BARRON COLLIER *** NOBLE HOUSE ~002 AFFFD,4 PIT We/I, ¼/~b ~Ft~(_/ D i,,zTC e?~ClO-, L[.~_~ being first duly sworn, depose and say tltatwe/! arn/are lhe owners oJ~th~ p~;operty des'crt~ed herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information. all s'ketches, data, and other supplementa~ matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/l 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 tht3' application is deemed complete, and all required information has been submitted. As property owner Well further authorize ~'~.~r~ V/~ ~ ~)r to act as our/my representative in any matters regarding this Petilion ~ ~.~ ~ ¥~i,~ ,~$%~ ~ c(P ~ ~ ~ * Si~amre of Property ~ner ffign~t~e Typed or Printed Name of Owner Typed or Printed Name of Owner · ~ The foregoing instrument was acknowledged before me this c~'~__ day of ~{~/ 20L~9 , by 0~ . p. l~.:/~ '~/ who _is personally known to me or has produ~ad as idenlification. ,,- SUSAN L MATURO CC589434 I MY ~~ EX~ES I O~ ~0 OGT. 1~2009,, State of Florida Coun~ of Collier (Signature of Nota~ Public - State of Florida) (P~nr T~e, or Stamp Commission~ Name of Nota~ PubliO F:\users~LANA\WpS~LaPlaya\Conditional Use Application Form.wpd AI~PLICATI(}N FOR PI,~R!.iC. NEA~/G FOR CONDITIONAL I:~£ - IO./98 Docum~nO. PAGE 14 OF 15 CU ?}0'= -; -- STATEMENT OF UTILITY PROVISIONS FOR Conditional Use Permit Application Name of Applicant: Mailing Address: City Naples La Playa, LLC 2600 Golden Gate Parkway State Florida Address of Subject Property (if available): Zip 34108 9891 Gulf Shore Drive, Naples FL 34108 Legal Description: Section: 29 Lot: 25-30 & 24-28 Township: 48 S Range: 25 E "A" & "B" Block: Subdivision: Vanderbilt Beach Estates, Unit IPlat Book: 3 Page #: 18 Property I.D.#: Block A: Lot 25: #27480720006, Lot 26: #27480760008, Lots 27-30: #27480800007 Block B: Lot 24:#27481640004, Lots 25-28:#27481680006 Metes & Bounds Description: See Legal Description Above Type of sewage disposal to be provided (check applicable system): a. County Utility System b. City Utility System c. Franchised Utility System Provide Name d. Package Treatment Plant (GPD capacity) e. Septic System Type of water service to be provided: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name d. Private System (Well) Total population to be served:360 10. 11. 12. Peak and Average Daily Demands: A. Water - Peak 100,800 gpd B. Sewer- Peak 145,000 gpd Average Daily 37,400 gpd Average Daily 35,800 gpd 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: The sanitary sewer improvements proposed with this conditional use permit application will connect to the existing Collier County owned gravity sanitary sewer located on Gulf Shore Drive adjacent to this project. Collier County Utility Dedication Statement: Any water and sewer improvements proposed for this project within the Gulf Shore Drive right-of-way will be conveyed (dedicated) to Collier County upon completion of construction. All other water and sewer improvements not located within the Gulf Shore Drive right-of-way will be privately owned and maintained except for those improvements within County Utility Easements (CUE's). Statement of availability capacity from other providers: Sewer and potable water services will be provided by the existing mains running along Gulf Shore Drive. These mains are owned and maintained by Collier County. 2582819 OR: 2632 PG: 1710 ~OC-.?O 337H~.5~ SPECIAL WARRANTY DEED .~ ; THIS SPECIAL WARRANTY DEED (this "Deed") is made, entered into and effective as of the ! N"~lay of January, 2000 by (i) NB HOTEL LIMITED, a Colorado limited partnership with an address at 1050 17~ Street, Suite 1200. Denver, CO 80265 (the "Grantor'), in favor of (ii) WESTGROUP LAPLAYA, LLC, a Flodda limited liability company, and THE HALSTATT PARTNERSHIP, a Flodda general partnership, as Tenants in Common, each as to an. undi¥ided fifty ,.. percent (50%)inter.est (the "Grant.e,e,.s'~.. WITNESSETH: That for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00), cash in hand paid by the Grantees to the Grantor, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Grantor, the Grantor has bargained and sold and does hereby grant and convey unto the Grantees and the Grantees' successors and assigns forever, in fee simple, the following described real propefoj, located in Collier County, Flodda (the "Real Property"), to-wit: 'Lots 25 through 30, inclusive, Block A, and Lots 24 through 28, inclusive, Block B, CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 1, according to the map or plat thereof recorded. In Plat Book 3, Pages 8 and 9, of the Public Records of Collier County, Florida, less the right of way for Gulf Shore Boulevard. PROPERTY I.D. NUMBERS: 27480720006 (Lot 25, Block A) 27480760008 (Lot 26, Block A) 27480800007 (Lots 27- 30, Block A) 27481640004 (Lot 24, Block B) 27481680006 (Lots 25-28, Block B) FEDERAL TAX ID. NUMBER for WESTGROUP LAPLAYA, LLC: FEDERAL TAX ID. NUMBER for THE HALSTA'O' PARTNERSHIP: TO HAVE AND TO HOLD the Real Property, together with all appurtenances and privileges thereunto belonging, unto the Grantees and the Grantees' successors and assigns forever, in fee simple. The Grantor does covenant to and with the Grantees and the Grantees' successors and assigns that (i) the Grantor is lawfully seized in fee simple title to the Real Property, (ii) the Grantor has good right to convey the same as herein done, (iii) that the Real Property is free and clear of all encumbrances of whatsoever nature, except as herein stated, and (iv) that the Grantor will WARRANT GENERALLY the title to the Real Property and will defend the same \~16~hatecr',NB Hotel L.in~ited\$pecial W OeedZ.clcc OR: 2632 PG: 1711 against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. The Real Property is being conveyed hereby subject to (a) real estate taxes for 2000, (b) zoning and use restrictions imposed by governmental authority, (c) restrictions and easements which may appear of record in the Public Records of Collier County, Florida and (d) outstanding oil, gas and mineral interests of record, ff any. The Grantees assume and agree to pay all ad valorem taxes assessed against the Real Property for the current fiscal year and all subsequent years, the current taxes and assessments to be prorated as of the date of transfer of this Deed. IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed by its duly authorized officer on the day, month and year first above wdtten. Signed, sealed and delivered In our presence:. NB HOTEL LIMITED, a Colorado limited partnership Pdn{ed Name of VV'~r{ess #1 By: 'By: AGL Investments No.12 Limited Partnership, a Colorado limited partnership, General Partner AGLP No.12 Limited Partnership, a Colorado limited partnership, General Partner Witness #2 Pdnted Name of VV'rtness #2 Vu'VI16'~hared~'ql~ Hatel I.JmitecR$ pecial W Oeec12.doc By: By: *** OR: 2632 PG: 1712 *** STATE OF COLORADO ) ) SS: CITY ANO COUNTY OF DENVER ) ' I HEREBY CERTIFY that on this the of 'January, 2000, before me, an officer duly qualified to take acknowledgments, personally appeared DAVID AGNEW, as President of AGLGP No.12, Inc., a Colorado corporation, on behalf of the corporation as general partner of AGLP No.12 Limited Partnership, a Colorado limited partnership, general partner of AGL Investments No.12 Limited Partnership, a Colorado limited partnership, general partner of NB Hotel Limited, a Colorado limited partnership, personally known to me or who produced the type of identification provided and who (did/did not) take an oath and who executed the foregoing Special Warranty Deed and acknowledged before me that such officer executed the same in his capacity as President of the corporation on behalf of the corporation in the capacity therein stated for the purposes set forth therein. this /~ _'~'day of January, 2000. ~I-0'T~" P U B LIC, Stat%,of ~olora.d.o Print ~l.,~me of Notary: My cdfmm,ss,on exp,res: \~M16tshated%NB Hotel Limited%Sl~ecial W Deed2.doc La Playa Parking Analysis with Additions Assumes all valet parking. Facilities 22-Feb-00 Existing Size (s.f.) Hotel 154 rooms Restaurant 1,500 Lounge 1,200 Terrace 600 Pool 1,926 Gift Shop 520 Assembly Space 5,000 Total Spaces Provided Today Proposed Additions (50% for Club Membership) Club Dining/Lounge/Terrace Locker Rooms Spa Treatment Rooms Spa Retail/Reception Salon Pool Pool-side Dining Fitness Size (s.f ) Ratio 5,850 1,500 700 350 183 937 350 445 I s2ace/100 s.f. I s 2ace/100 s.f. I s aace/100 s.f. 1 s:~ace/400 s.f. 1 s2ace/200 s.f. 1 s aace/125 s.f. 1 s 2ace/100 s.f. 1 s 2ace/100 s.f. 254 Spaces Required 59 15 7 1 1 7 3 4 Total New Spaces Needed Total Parking Requirement 98 352 La Playa Beach Resort Lighting Concept The goal of the site exterior lighting is to provide safe, secure and aesthetically pleasing lighting, created in the resort theme of "casual elegance". The lighting will: 1. Provide a clear view o.f any potential obstacles in the environment such as curbs, walls, steps, ramps, and water edges. 2. Provide appropriate light in each area to deter an intruder which also adds psychologically to a inhabitant's feeling of protection. 3. Allow the enjoyment of the environment by creating a theme with the lighting that will enhance views from within the landscape as well as views from the interior spaces. These concepts will be created by placing the lighting at specific levels appropriate to the activities occurring in each area. Areas of use will be clearly identified and the lighting approach will respond to issues of security. The appropriate light levels not only address safety, but the solution will also provide a comprehensive treatment of an area. This will be accomplished by lighting not only the paths, but also certain areas of planting or other elements along the path to provide the user with information about the surroundings. Eliminating areas of darkness will increase the perceived and the actual safety of an area. Lighting will also be used to identify all entrance and exit locations, both vehicular and pedestrian. This also includes the boundaries between different areas within the site. At main entrances, decorative fixtures will be used to attract attention and serve as visual markers. Other areas will only use a higher-wattage lamp or lit signage to announce the change of spaces. By providing identification and attraction to enter the space through the use of light heightens the potential use of the space. The lighting will be flexible to respond to periodical activities that will take place in the space. The lighting will respond to the visual needs that accompany the tasks in each area. Control of the lighting systems will be on an automatic system equipped with photocells and time-switches with multiple option of settings for flexibility as required. Exhibit "B" RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE CLUB CONDITIONAL USE 5 IN THE RT ZONING DISTRICT PLnRSUANT TO SECTION 2.2.8.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED 1N SECTION 29. TOWNSHIP48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. W'HEREAS, the Legislature of the State of Florida in Chapter 67-1246. Laws of Florida. Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate 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 (Ordinat No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for t zoning of particular geographic divisions of the County. among which is the granting of Condition Uses: and WHEREAS, the Collier County Planning Commission, being the duly appointed an constituted planning board for the area hereby affected, has held a public hearing after riotic 'n sai~ regulations made and provided, and has considered the advisability of Conditional Use 5 ~ _,ectior 2.2.8.3 in an RT Zone for a private club on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory, provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County, Planning Commission: and WHEREAS. all interested parties have been given opportunity to be heard bv 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 George L. Vamadoe, Esquire of Young, van Assenderp, Vamadoe & Anderson. P.A., representing La Playa. LLC, with respect to the property hereinafter described as: Lots 25 through 30 inclusive Block A, Unit No. 1, and Lots through 28, inclusive, Block B, Unit No. 1, Connors Vanderbuilt Beach, as recorded in Plat Book 3, Page 9, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use 5 of Section 2.2.8.3 of the RT Zoning District for a private club in accordance with the Conceptual Master Plan (Exhibit "B"). -2.- 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: Marni M. Scuden Assistant County Attorney CU-2000-3 Resolution -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian 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: CHAIRMAN: EXHIBIT FINDING OF FACT BY iOLLiER COTJNTY PLANNING TOMMISSiON FOR A CONDITIONAL USE PETITION FOR ~U 2000-03 The following facts are found: Section 2.2.8.3 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 %he Land Development Code and Growth Management P~: Yes No B o C o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &j~ress Yes ~ No Affects neighboring properties in relation to noise, gl~, economic or odor effects: No affect or Affect mitigated by Affect cannot be ml5i=ated m o Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes V No Based on the above findings, ~ditional use should, with stipulations, (copy attached~~ not) be recommended for approval : MEMBER: ~ f/FINDING OF FACT MEMBER/ FIN-DiNG OF FACT BY SOLLiER CCUNTY PLANNING CCMMiSSION FOR A CONDITIONAL USE PETITION FOR TU-2000-03 The foliowing facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neigb_bcrhood because of: Consistency with nhe Land Development Code and Growth Management ~an: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~ress Yes//~ No Affects neighboring properties in relation to noise, g~, economic or odor effects: . = No affect or Affect mitigated by Affect rannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible u~e~ithin district Yes/z~No Based on the above findings, this conditional'use should, with for approval . ~, _ _ _ . f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COL~TY Pz_~RVNING COMMISSION FOR A CONDITIONAL USE PETiTiON FOR ZU-2000-03 The following facts are fcund: Section 2.2.8.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and w111 not adversely affect other property or uses in the same district or neighborhood because of: Consistency with ~he 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 Affec5 cannot be miuica~ed 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 ~/_ip3/a~ions (copy attached) ~aA~,.~ nct) be recommended for approval. DATE: f/FINDING OF FACT M~BER/ FENDING OF FACT BY ..... =R COUNTY PLANNING TSMMISS!ON FOR A CONDITIONAL USE PETITION FOR ~o-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in lke same district or neighborhood because of: Ecnslstency wi5h une Land Development Code and Growth Management Pla~ Yes w-"- No m o Ingress and egress to property and proposed structures thereon with particuiar reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egr~ess Yes / No C o Affects neighboring properties in relation to noise, gia~e~._economic or odor effects: v No affect or Af=~ ~ mitigated by Affect sannoT De ~l~zgated Based on the above findings, stipulations, (copy attached) approval Compatzbzlity with adjacent properties and other property in the district: Compatible use wlthin district Yes :/ No f/FINDING OF FACT MEMBER/ FiN-DING OF FACT BY 7CLLiER CCL'NTY PL~lqNING COMMiSSiON FOR A CONDITIONAL USE PETITION FOR Z'J-2000-03 The following =acts are found: Section 2.2.8.3 .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 ~he same district or neigP~orhood because of: Consistency wlth zhe Land Development 2ode and Growth Management Plan: Yes ~ No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes ~' No Affects neighboring properties in relation to noise, glare~ economic or odor effects: ~' No affect or Affect mitigated by Affect cannon be mltigated Compatibility with adlacen~ properties and other property in the district: Compatible use within district Yes No Based on the above findings, this~cun~itional' use should, with sr~lpulati-~O~s, (copy attached)~houtd~~ be recommen~ded for ---- · I f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 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: A. Consistency ~i~Land Development Code and Growth Management P Ye~j B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and a~c~s~in case of fire or catastrophe: Adequate/~j~e_s~ & egress C. Affects neighboring properties in relation to noise, gl~co~ or odor effects: ~a~, No a?~.~t or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distri~ Compatible us~~ district No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ! EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-03 The following facts are found: Section 2.2.8.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes & No m o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ,W~ No affect or Affect mitigated by Affec5 cannot be mitigased Compatibility with adjacent propersies and other property in the district: Compatible use within district Yes ~.-' No Based on the above findings, t~ditional use should, with stipulations, (copy attached) (shoulaj)not) be recommended for approval DATE: ~ ~0- .~.~ MEMBER: f/FINDING OF FACT MEMBER/ I Exhibit "B" EXECUTIVE SUMMARY PETITION CU-2000-05, R. BRUCE ANDERSON, ESQ. OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A. REPRESENTING ROYAL PALM ACADEMY, INC. REQUESTING A CONDITIONAL USE FOR PRIVATE SCHOOL IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT FOR A PROPERTY LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD APPROXIMATELY ONE AND HALF MILES NORTH OF IMMOKALEE ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY FLORIDA. THIS SITE CONSISTS OF 9.5 ACRES. OBJECTIVE: The applicant is requesting Conditional Use "10" of "A" Rural Agricultural zoning district for a private school. CONSIDERATIONS: The applicant is requesting Conditional Use "10" of the "A" Rural Agricultural zoning district. The applicant is proposing to build a private school on 9.5 acres of land currently vacant and zoned Agricultural. This site will eventually become part of the Royal Palm International Academy PUD encompassing 172 acres. The applicant is requesting this Conditional Use in order to expedite the construction of this school while the PUD is being reviewed and approved. The Collier County Planning Commission heard this petition on May 4, 2000 and by a vote of 6-0 recommended approval. Staff has received one letter of objection; therefore, this petition does not qualify to be placed on Summary Agenda. FISCAL IMPACT: The petitioner is proposing to build .a private school. The following impact fees are applicable to this project: Fire Impact Fee: $ 3000.00 Correctional Facilities Impact Fee$ 1599.00 Road Impact Fee: $54,528.00 EMS Impact Fee: $ 460.00 Radon: $ 50.00 Building Code Adm. Fee: $ 50.00 Total: $58,568700 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit and development review 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 the time of assessments. It should be appreciated that, not withstanding fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities or enhancements to raise the level of service. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination, while others, such as roads may have geographic concurrency implications. GROVVTH MANAGEMENT IMPACT: The subject property is located in the Urban Residential area as shown on the FLUE map of the GMP. The property is zoned "A" Rural Agricultural. This district allows for certain conditional uses such as private schools. Therefore, this request is consistent with the FLUE of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment was provided. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for conditional approval. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-2000-05 and by a vote of 6-0 recommended that the Board of Zoning appeals approve this petition. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE R~EVIEWED BY: R~ON~,LD ~=:1~, AICP, MANAGER CURRENT PLANNING SECTION DATE R(~BERT/J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APP~.~~/BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENDA ITEM 7-L TO: FROM: DATE: SUBJECT: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 13, 2000 PETITION: CU 2000-05 OWNER/AGENT: AGENT: R. Bruce Anderson, Esq. Young, Van Assenderp, Varnadoe and Anderson, P. A. 801 Laurel Oak Drive Suite 300 Naples, FL. 34108 OWNER: Royal Palm Academy, Inc. 6800 Golden Gate Parkway Naples, FL. 34105 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a private school. GEOGRAPHIC LOCATION: The subject property is located on the east side of Livingston Road approximately 1.5 mile north of Immokalee Road in Section 13, Township 48 south, Range 25 east, Collier (~ounty, Florida (see attached legal description). PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "10" of the "A" Rural Agricultural zoning district. The applicant is proposing to build a private school on 9.5 acres of land currently vacant and zoned Agricultural. This site will eventually become part of the Royal Palm International Academy PUD encompassing 172 acres. The applicant is requesting this Conditional Use in order to expedite the construction of this school while the PUD is being reviewed and approved. -1- GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Residential area as shown on the FLUE map of the GMP. The property is zoned "A" Rural Agricultural. This district allows for certain conditional uses such as private or public schools. Therefore, this request is consistent with the FLUE of the GMP. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: The applicant is proposing one access point from Livingston Road to the site. The ITE Trip Generation manual indicates that the proposed use will generate approximately 800 average trips on a weekday. This project will also generate 235 trips during the AM peak hour. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on Livingston Road. In addition, the site-generated trips will not lower the level of service below any adopted LOS "D" standard within the project's Radius of Development Influence (RDI). Therofore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Immokalee Road as a 4-lane arterial in the project area. The traffic count for this segment is 30,879 AADT and is operating at LOS "A". It should be noted that this segment is projected to be deficient by 2002. Conservation Element: Over 60 percent of the land will be devoted to open space and, as required by the LDC, at least 15 percent of the native vegetation will be retained. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a satisfactory Historical/Archaeological Survey and Assessment was provided to the County. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: -Vacant, zoned "A" Rural Agricultural North - Vacant, zoned "A" Rural Agricultural East -Golf Course, Preserve, Residential, zoned PUD (The Strand PUD) South - Vacant, zoned "A" Rural Agricultural West - Vacant, zoned "A" Rural Agricultural bo STAFF ANALYSIS Consistency with this Code and Growth Management Plan. The site in question is zoned "A" and is vacant. The applicant proposes to build a private school on the property, which is permitted as Conditional Uses in the "A" district. The subject property is designated Urban Residential, which allows public and pdvate schools, provided certain criteria are met. Con: None. Summary Conclusion (Findings): The use in question is permitted within the Urban Residential, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The site will have one aaaess point from Livingston Road. Con: None. Summary Conclusion ('Findinas): The site will contain one access point. During the SDP stage, in order to address all safety concerns, staff will review the access point to ensure safe vehicular and pedestrian traffic. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: This property is a part of 172 acres of land the applicant owns and shortly, a PUD rezoning application will be filed with County. Con: This property will be adjacent to the Strand residential golf course community. PUD to the east, which is a -3- Summary conclusion (Findings): Due to the location of this site, it is not anticipated to have any negative affect on the neighboring properties. The only neighbor, the Strand PUD, contains a golf course and preserve adjacent to this site. Compatibility with adjacent properties and other property in the district. Pro: Adjacent properties on three sides are vacant properties zoned "A" Agricultural. Con: This property is adjacent to a residential PUD to the east. Summary Conclusion (Findings): The proposed use will have no affect on neighboring properties on three sides. The property to the east contains a preserve and golf course adjacent to this site. Furthermore, schools are usually considered compatible with agricultural and residential uses. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2000-05 to the BCC with a recommendation for conditional approval subject to staff stipulations listed in the resolution of approval. -4- PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R'-EVI EWED BY: F1 :D"'N~;.~O, AICP, MANAGER C-~!RRENT PLANNING SECTION RI ~BEF~',J.-"MIJLHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT dAtl~ - DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the May 4, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE -5- RESOLUTION 2000- A RESOLUTION PROVIZ)rNG FOR THE EST.~BLISHMENT OF A PRIVATE SCHOOL CONDITIONAL USE "10" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 13, TOWNSHI1~ 48 SOUTH, RANGE 23 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 zornrig 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 "I 0" of Section 2.2.2.3 in an "A" Zone for a private school on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made~eonceming all applicable maners required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been gaven opportumry 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 R. Brace Anderson, Esq., of Young, van Assenderp, Vamadoe & .4~nderson, P.A., and Stephen G. Sposato, AICP, of Agnoli, Barber & Brundage, Inc., representing Royal Palm International Academy, Inc., with respect to the property hereinafter described as: Exhibit "B" which is artached herelo and incorporated by reference hereto be and the same is hereby approved for Conditional Use "10" of Section 2.2.2.3 of the "A" Zoning District for a private school in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FU'RTHER RESOLVED that this Resolution be recorded in the minutes of this Board This Resolution adopted after motion, second and majoriLy vote. Done this day of .2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAPMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: M arni'M. $cuderi, Assistant County Attoney g~'ad emn/CU-004)51 KESOLUTION/CB/im -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-05 The following facts are found: Section __2.2.2.3.__ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-05 The following facts are found: Section __2.2.2.3.__ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C 0 Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible 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/ AND A CHORD OF ttORlg 3t~J6'29' ~EST .Mi.40 ~T: ~ ~~ ~ ~~-~Y ~ ~ ~'3~ ~T A ~ ~ ~'4~ ~ A ~~ ~ 187.91 ~: ~~ ~-~TA ~~ ~~77 ~ ~ ~ ~T ~ EXHIBIT "B,~ EXNIBIT "C" CONDITIONS OF APPROVAL CU-2000-05 This appr~i-is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on May 4, 2000. ao Go The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). A Site Development Plan (SDP) must be applied for and approved by the Development Services staff prior to the pdor to the issuance of a building permit. 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 contacted. EXHIBIT "D" COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION PETITION NUMBER: DATE OF APPLICATIO COMMISSION DISTRIC PLANNER ASSIGNED: ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE General Information: Name of Applicant (s) Royal Palm International Academy, Inc. Applicant's Mailing Address City Naples State Florida Applicant's Telephone #: (941) 430-6233 Name of Agent R. Brace Anderson, Esq. Assenderp, Varnadoe & Anderson, P.A. Agents Mailing Address City Naples Agent's Telephone #: Name of Agent: Brundage, Inc. 6800 Golden Gate Parkway Zip 34105 Fax #: (941) 430-6235 Finn Young, Van 801 Laurel Oak Drive, Suite 300 State Florida Zip. 34108 (941) 597-2814 Fax #: (941) 597-1060 Stephen G. Sposato, AICPFinn: Agnoli, Barber & Agents Mailing Address 7400 Tamiami Trail North, Suite 200 City Naples State Florida Agent's Telephone #: (941) 597-3111 03-0070K9.APP 1 Zip 34108 Fax #: (941) 566-2203 Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Sorrentino Land Trust Patrick S. Smith and Jane E. Smith 100% 03-0070K9.APP 2 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 Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address 03-0070K9.APP 3 o g. Date subject property acquired (X) leased ( ) · 01/12/00 Term of lease yrs./mos. Ifi 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: 13 Township: 48 S Range: 25 E Lot: Block: Subdivision: Plat Book Page # Property I.D. #: 00148480003 Metes & Bounds Description: See Exhibit B Size of prooertv: 1140 -4- ft. X 400.4- ft. Total Sq. Ft. Acres 9.5 4- Address/general location of subject property East side of Livingston Road, approximately 1.5 miles north of Immokalee Road. 03-0070K9.APP 4 Adjacent zoning and !and use: Zoning N Rural agriculture (A) S A Land use Vacant Vacant E The Strand PUD Golf course/Preserve/Residential W A & Livingston Road Vacant Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Yes, as described below: All that part of Section 13, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: The north 1/2 of the southeast 1/4 of the southeast ~A of said Section 13; including proposed Livingston Road right-of-way; The northeast '/4 of the southeast 1/4 of said Section 13; excluding the proposed Livingston Road right-of-way; Type of Condition Use: This application is requesting conditional use #2.22.3.10 of the A district for ( ~cPE or usE) Private School Evaluation Criteria Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staffs 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.) 03-0070K9.APP 5 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): A private school is a permitted use and is therefore consistent with its designation as Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. The Collier County Land Development Code allows a private school as a conditional use in the Rural Agricultural zoning district. 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: For ingress and egress, the temporary school facility will utilize an access drive that is proposed as part of the construction drawings for Livingston Road. The access drive may need to be upgraded since it will provide access to the temporary school. The design will be in accordance with the Collier County Land Development Code. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: The proposed conditional use will not have a negative impact on surrounding property. Adjacent land uses include a FPL power line easement, a public road, undeveloped property, a golf course, a preserve and residential. The proposed land use adjacent to the residential is preserve. The private school will be temporary_. School and administrative buildings will be one-story, the outdoor play area will not be lighted. The building setback for the portable buildings adjacent to The Strand PUD will be 50 feet. The school will not have a cafeteria. The activities proposed would not generate any odors, sound, or light that would have any negative off-site impact. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed activity is compatible with adjacent properties. As is the case with this site, schools are traditionally located within or adjacent to residential neighborhoods on sites with good access to public roads. The private school will not operate at night, except for the occasional parent/teacher meetings. Vehicular trips associated with the school will not require travel through any of the area neighborhoods. 03-0070K9.APP Please provide any additional information which you may feel is relevant to this request: The school will be a temporary use on this site. The site will be included in and subject to the Royal Palm Academy PUD once approved. The temporary and the future permanent facilities will be an excellent neighbor and a tremendous asset to the surrounding property and all of Collier County. 6 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. 10. Previous land use petitions on the subject property: 'To your knowledge, has a public hearing been held on this property within the last year? No If so, what was the nature of that hearing? 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested up9on 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. 03-0070K9.APP Location of all signs and lighting including a narrative statement as to the_ type, character, and dimensions (such as height, area, etc.); 7 go h° 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 meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. 03-0070K9.APP 8 ROYAL PALM INTERNATIONAL ACADEMY APPLICATION FOR CONDITIONAL USE APPROVAL USE 2.22.3.10, PRIVATE SCHOOL NARRATIVE Royal Palm International Academy, Inc. proposes to locate temporary school on a site adjacent to the future permanent campus. Please refer to Exhibit A for site location and conceptual layout. The subject property will become part of the Royal Palm International Academy PUD, which may be sought concurrently with this conditional use application or shortly thereafter. Since the PUD includes approximately 172 acres and may take longer to process and since the permanent facilities will take additional time to construct, Royal Palm International Academy seeks this approval to ensure that they will be able to open for the upcoming school year starting this September. By the end of this school year, Royal Palm International Academy will have outgrown its existing campus on Golden Gate Parkway. The site for the temporary campus occupies approximately 9.5 acres and is located on the east side of Livingston Road, which is currently under construction. To the north is undeveloped property zoned Rural Agricultural, to the south is undeveloped property zoned Rural Agricultural, to the west is the right-of-way of Livingston Road and then undeveloped property zoned Rural Agricultural. The proposed site for the temporary school and the abutting property to the north, south and west are owned by the Sorrentino Trust. To the east is a golf course, a preserve, and a residential area that are part of The Strand, which is a master planned golf course community zoned PUD. The proposed land use adjacent to the residential area is preserve. The subject property is classified as Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan and is designated as Rural Agricultural on the Official Zoning Map. A private school is permitted as a conditional use in the Rural Agricultural zoning district. The site is 100% upland. Approximately 28% of the site is overlaid by a Florida Power and Light (FPL) easement. The vegetative community located outside of the FPL easement consists of FLUCFCS Code 3219: Palmetto Prairie; Disturbed. Vehicular access and public water and sewer will be brought to the property with the construction of Livingston Road. The site will utilize an access that is included in the construction drawings for Livingston Road. The temporary school facility will consist of portable classrooms and administrative offices. A recreational field will be provided adjacent to the portable classrooms. The field and any play facilities, such as a tot-lot will not be lighted. The minimum building setback from the shared property line with the Strand PUD will be 50 feet. This space will be left undisturbed, except for the removal of exotics in accordance with the Collier County LDC. _~_ 03-0070K9.APP 9 STATE OF FLORIDA COUNTY OF COLLIER AFFIDAVIT I, Robert Sorrentino, as Trustee of the Sorrentino Florida Land Trust No. RS2000-1, being first duly sworn, deposes and says that the Trust is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. 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 the property owner, I further authorize Royal Palm International Academy, Inc., R. Bruce Anderson and Agnoli, Barber & Brundage, Inc. to act as the Trust's representatives in any matters regarding this Petition. Ro~e~S orrentino,'Tl'ff'stee Sorrentino Florida Land Trust No. RS2000-1 The foregoing instrument was acknowledged before me this ~f/7~ day of March, 00, by Robert Sorrentino ,.w,1].o.j~ personally known to me or has produced :?"z~.a'~2~. MY COMMISSION # CC 773734 /I ,t' ~ J~:._~_... J,/j EXPIRES: January 9, 2003 :1=~,,,.'_' ...... Not,~y i>ul~lic- State of Flo~__/~ Print, Type, or Stamp Name of Notary G:\users~BETS Y~Wp9~R. OYAL PALIvI~,FFIDAVIT.wpd i !I EXECUTIVE SUMMARY PETITION V-2000-07, MILES L. SCOFIELD REPRESENTING MICHAEL ZACCHEO, REQUESTING A 12-FOOT VARIANCE TO THE REQUIRED 15-FOOT WEST SIDE YARD SETBACK FOR DOCK FACILITIES TO 3 FEET FOR PROPERTY LOCATED AT 63 SOUTHPORT COVE, FURTHER DESCRIBED AS SOUTHPORT ON THE BAY UNIT 1, LOT 58, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests an after-the-fact variance of 12 feet from the required 15-foot west side yard setback for dock facilities to 3 feet to allow modifications to an existing dock. CONSIDERATIONS: The subject properly is located at 63 Southpod Cove in Lely Barefoot Beach, legally described as Southpod on the Bay Unit 1, Lot 58. The petitioner wishes to modify and legitimize an existing dock facility protruding a total of 51 feet into the waterway. The existing dock was permitted and built by a previous owner in 1993. It encroaches about 9 feet into the west side setback and extends into the waterway about 7 feet beyond the permitted 20 feet. In order build the proposed facility to the requested protrusion, an after-the-fact companion petition, Boat Dock Extension BD 2000-3, was applied for and approved by the Collier County Planning Commission on 4 May 2000. Approval of this variance would be needed in conjunction with the extension to construct the proposed facility. The facility as requested would have no adverse impact on the neighboring properties or the use of the waterway, being on a dead-end waterway and adjacent, on the affected side, to a preserve area. The Southpod Property Owners' Association has provided a letter of no objection to the project, and no other objections have been received; however, a viable docking facility could be constructed with only one boat lift without resoding to a variance, and there is no land-related hardship involved. The Collier County Planning Commission reviewed this petition on 4 May 2000 and unanimously recommended approval of this project. This petition has not been placed on the Summary Agenda due to the fact that staff recommendation is for denial. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROVVTH MANAGEMENT IMPACT: The proposed variance is consistent with applicable provisions of Management Plan. the Growth HISTORIC/ARCHAEOLOGICAL IMPACT: None. No Historic/Archaeological survey is required for dock facilities. PLANNING SERVICES STAFF RECOMMENDATION Staff recommends denial of this variance on the grounds that a viable docking facility could be created without the requested variance, and there is no land-related hardship. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission forwarded Petition V-2000-07 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: ? ROSS GOC?IENAUR, PLANNER II CURRENT'PLANNING SECTION REVIEWED BY: RONALD f. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE ROl~ERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE executive summaryN-2000-07 AGENDA ITEM 7-C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: 10 March 2000 RE: PETITION V-2000-07 AGENT/APPLICANT: Agent: Miles L. Scofield Scofield Marine Consulting 3584B Exchange Avenue Naples, FL 34104 Owner: Michael Zaccheo 63 Southport Cove Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests a vadance of 12 feet from the required 15-foot west side setback for docking facilities on property having waterfrontage of more than 60 feet, in order to construct a docking facility protruding a total of 51 feet into the waterway. To accommodate one of the facility's two boat lifts, the facility would have to encroach into the side setback. This vadance is a companion petition to Boat Dock Extension BD 2000-03. GEOGRAPHIC LOCATION: The subject property is located at 63 Southport Cove in Lely Barefoot Beach, legally described as Southport on the Bay Unit 1, Lot 58. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to add a pier and two boat lifts to an existing dock which was permitted and built in 1993. Plans approved by the County for the existing dock indicate a dock protruding 20 feet into the waterway; however, the measurements were not taken from the most restrictive point as required by Code, and the dock actually protrudes 27 feet into the waterway. In addition, the dock does not maintain the 25-foot west side setback shown on the plans, but actually encroaches about 9 feet into the minimum required 15-foot setback. This variance requests an additional 3-foot encroachment, which would bdng the total encroachment to 12 feet. A companion petition, BD 2000-03, requests the 51-foot protrusion needed to construct the facility. Denial of this petition would not allow construction of the facility in the form requested, but would still allow construction of a viable docking facility in conjunction with the approval of BD 2000-03. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North - South - East - West - Single-family residence, zoned PUD Single-family residence, zoned PUD Unimproved single-family lot, zoned PUD Southport Cove roadway Little Hickory Bay/preserve area HISTORIC/ARCHAEOLOGICAL IMPACT: Not applicable: docking facilities are not located within areas of historic/archaeological probability. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this vadance request will have no effect on infrastructure, transportation or the environment. 2 View from existing dock showing communal dock to southwest View from existing dock showing dock on Lot 57 & eastern shoreline v 0o4)7 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 Subsection 4(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes. The site is on a broad, dead-end cove and abuts a preserve area to the west, where the encroachment is requested. 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 dock on the property encroaches into the side setback and exceeds the protrusion limit allowed by the Land Development Code. The dock was built by a contractor employed by the previous owner. This variance, and the companion petition, if approved, would legitimize the existing facility, and would also expand it. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. A viable docking facility with one boat lift could be constructed without the requested variance, contingent on the approval of the companion petition. The configuration of the shoreline and the relatively small waterfront area of the lot restrict construction of a docking facility, but would allow reasonable use of the property to accommodate one vessel in conjunction with an approved extension. 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. As stated above, reasonable use of the land to construct a viable dock with one boat lift would be possible without the requested variance. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. Other waterfront property owners are obliged to construct docks within the limits allowed by the LDC, or apply for extensions as provided by the LDC. 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 LDC specifies setbacks for docking facilities; however, the vadance would not be injurious to the community. The encroachment would have no impact on the use of the waterway, would not be noticeable to the neighbor to the north, and would be well removed from the communal docking facility to the west. 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 encroachment would affect only the preserve area to the west and not the residential lot to the north. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this plan will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: The proposed encroachment would have no adverse impact on the neighboring properties or the use of the waterway; however, there is no hardship associated with this petition. Reasonable use could be made of the land (and water) since a viable dock with a single boat lift could be constructed without recourse to a variance, provided that Boat Dock Extension BD 2000-03 is approved. Staff therefore is constrained to recommend denial of petition V 2000-07. PREPARED BY: F~OSS G'Q~HENAUR, PLANNER II CURRENT PLANNING DATE RE/.ytE~ED BY: RO L DV CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP, PLANNING SERVICES DIRECTOR DATE AP P~~E'"D~ BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: v 2000-07 Staff report for the 4 March 2000 CCPC meeting. This Petition has tentatively been scheduled for the 23 May 2000 BZA Public Hearing. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN 5 VARIANCE PETITION (VARIANCE FROM SETBACK (S) KEQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Telephone: qq ~ - '~-1 3G Agent's Name: Agent's Address: ~0hpJ.~-5, c--L, '3qloq Telephone: ~q 3- IqoO Applieatton for Variance Petition - 8/95 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING zsoo N. ~OP, S~.S~O~ OmV~ - NAPLES, ~U Zn~04 PHONE (941) 403-2400/FAX (941) 643--6968 i!; '~'~ ,. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address j.2q m~ ~.~ B~x City ~o~,r,~ ~o.~.~ State ~t.. Zip .~q13q Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: ~4~.e..~'~e'r- 8~,~cB ~-~&,q$~c~e~ ~,~-mm Mail,gAd&ess qqK ~ ~. ~v~rH Ci~ ~O~S Stme ~k Zip Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: .Sc,uXa~',,~X C~ T~e 8~q Unit Section {,:> Twp. '~ Range, o7.5' I Lot (s) .5"~ Block (s) PropertyI.D. # -lq'4 35ooq~,o7 Metes & Bounds Description: Application for Vartsu~ Petition - 8/98 Page 2 of 8 Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: ~ ~o~.~_ ~ ~ ~x ~-'/ ~.~_5 ~.~ e_~-.~ Adjacent Zoning & Land Use: N S W E Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [] No [] Side: Waterfront Lot: Yes ~ No [] Real': Application for Variance Petition - 8/98 Ptt, e 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure _was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. ADpficntiom foF Variance Petition - 8/98 Page 4 of 8 ~ ? Please note that staff and the Collier County Planuing Commission shall be guided in thek recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be graded in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and c~rcumstances existing which are pecuhar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant sucLi as pre-exwfing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the vm'iance, if granted, be the minimum variance that will make possible the reasonable use of the land, buffcling or s~'ucture and which promote standre'ds of health, safety or weftare. Application for V~rlaace Petriton P~e S of 8 Will granting the vatrance requested confer on the petitioner any special privilege that is demed by these zoning regulations to other lands, buildings, or s~uctures in the same zoning district. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise delx~mental to the public welfare. A.re there natural conditions or physically reduced conditions that amehorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. WiLl granting the variance be consistent with the growth management plan. Application ~or Vartaac~ Petition - 8/98 Page 6 of 8 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for1 reference 7. Application fee, checks shall be made payable to. Collier County Board of Commissioners 8. Other Requirements - _ As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applican~A(~Signature Date Application for Variance Petition - 8/98 Page 7 of 8 ~ We/I, ~ ~ ~ ~ ~z~.' c ~\~c, being first duly sworn, depose and say that wedI am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/! understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize //~ l a. c~ 5 d. . as our/my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner to act Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was cknowIedged before me this day of ~ ,.,,. ' ~, , / d.9-~,cby c-~ ,~ a t/x ~ C ~-~c who is personally known to me or has produced as taenttficatton. State of Flori~h Appltc~t~o~ ~or Variaa~ Pet~km - S498 ;~ ~. ~,.Z~. _------ (Signature of Notary Public- State of Florida) (Print, Type, or Stamp Commission'~' Name of Notary Public) Pag~ 8 of 8 LOT 55 AP~RO~ Ar rn~d~ / ~RA~'~L WALl(WAY 20' ~ MAINTENANCE E. ASI~I~T AI~MATE RIPARIAN UNE ~ ~ %, LAKE LOT 58 / / LOT .. THESE DRAWINGS ARE FOR PERMI'!-i'ING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. APPROXIMATE RIPA~AN UNE LOT 56 LOT 57 LOT 56 MScofield ]lartne Consulf. i~ ]fqa... ~ ~ MIKE ZA C CHE 0 63 EOUTHPORT CO~' w z z ~oo~ RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 07. FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. 2 2 3 4 9 WHEREAS. the Legislature of the State of Florida in Chapter 125. Florida Statutes. :o has conferred on all counties in Florida the power to establish. coordinate and enforce zoning zx and such business regulations as are necessary for the protection of the public; and ~2 WHEREAS, the County pursuant thereto has adopted a Land Development Code 23 (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic ~4 divisions of the County, among which is the granting of variances; and ~ 5 X,~,q-IEREAS, the Board of Zoning Appeals. being the duly elected constituted Board of ~-6 the area hereby affected. has held a public heanng after notice as in said regulations made and ~v provided. and has considered the advisability ofa 12-foot variance from the required west side ~8 yard setback for docking facilities of 15 feet to 3 feet as shown on the attached plot plan, ~ Exhibit "A", in a PUD Zone for the property hereinafter described. and has found as a matter 20 of fact that satisfactory provision and arrangement have been made concerning all applicable 2: matters required by said regulations and in accordance with Section 2.7.5 of the Zoning 22 Regulations of said Land Development Code for the unincorporated area of Collier County; z 3 and 24 V~q-IEREAS. all interested parties have been given opportunity to be heard by this 2s Board in public meeting assembled, and the Board having considered all matters presented; 26 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS zv of Collier County, Florida, that: 28 The Petition V-2000-07 filed by Miles Scofield, of Scofield Marine Construction, 2 ~ representing Michael Zaccheo, with respect to the property hereinafter described as: 3O 3~ Lot 58. Unit 1, Southport on the Bay, as described in Plat Book 15, Pages 51 32 through 53. of the Public Records of Collier County., Florida 33 be and the same hereby is approved for a 12-foot variance from the required west side yard 34 setback for docking facilities of 15 feet to 3 feet as shown on the attached plot plan, Exhibit 35 "A", of the PUD Zoning District wherein said property is located, subject to the following 3 s conditions: 37 38 39 8 9 10 11 12 13 14 15 16 l? '-8 19 2O 21 22 23 24 BE IT RESOLVED that this Resolution relating to Petition Number V-2000-07 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 Approved as to Form and Legal Sufficiency: TIMOTHY J. CONSTANTINE. CHAIRMAN MARNI M. SCUDERI ASSISTANT COL~TY ATTO1LNEY G V-2000-07 RESOLUTION2 23 00 RG'ts EXECUTIVE SUMMARY V-2000-08 JOSEPH SABATINO REQUESTING A VARIANCE OF 7.5 FEET FROM THE REQUIRED 7.5 FEET TO 0 FEET ALONG THE WEST SIDE YARD OF LOTS 13 & 14 AND ALONG THE EAST SIDE YARD OF LOTS 36 AND 37; A VARIANCE OF 0.7-FOOT FROM THE REQUIRED 6-FOOT MAXIMUM TO A 6.7-FOOT MAXIMUM FOR THE HEIGHT OF THE COURTYARD WALLS; A VARIANCE OF 7.5 FEET FROM THE REQUIRED 7.5 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE SIDE LOT LINES AND WITHIN THE COURTYARD WALLS; AND A VARIANCE OF 10 FEET FROM THE REQUIRED 10 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE REAR LOT LINES AND WITHIN THE COURTYARD WALLS FOR PROPERTIES DESCRIBED AS LOTS 13, 14, 15, 36, 37 AND 38, BLOCK 17, NAPLES PARK, UNIT 2, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests several variances in order to construct 6 courtyard style homes on six lots in Naples Park. CONSIDERATIONS: The petitioner wishes to construct courtyard-style zero-lot line villas on 6 lots zoned RMF-6 in Naples Park. The homes will have a courtyard design and a common architectural theme. A minimum of 15 feet will be maintained between the courtyard homes and the neighboring properties. A single family home, meeting required setbacks, could be constructed on each lot without any variances. This is an existing neighborhood developed with traditional single family and duplex residences, the petitioner wishes to construct a single-family house that, while common in some neighborhoods, is non-traditional in this neighborhood. A wall will be constructed around the backyard (courtyard) of each home. The petitioner requests a variance to allow the wall to be 6.7 feet in height instead of the required maximum of 6 feet. A wall, 6 feet in height, could be placed along the property line without a variance. The Board of Zoning Appeals heard a similar petition by the same petitioner, on January 25, 2000. That petition, however, included side yard variances adjacent to existing homes. The questions from Commissioners led the petitioner to believe that the BZA would vote to deny the project, therefore he withdrew the petition. In the current variance request, the petitioner has eliminated all encroachments adjacent to neighboring homes. 3 2000 FISCAL IMPACT: Since the subject property consists of platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. GROVVTH MANAGEMENT IMPACT: Since the use of the lot is residential and within the parameters of the Density Rating System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the 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. PLANNING SERVICES STAFF RECOMMENDATION: Because the petitioner is maintaining single family housing in Naples Park with a slightly different style from the surrounding houses with smaller yards interior to the project and because a minimum of 15 feet will be maintained between the courtyard homes and the neighboring properties, staff recommended that the CCPC forward Petition V-2000-08 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION' The Collier County Planning Commission heard this petition on May 4, 2000. By a vote of 4 to 2 the CCPC recommended approval of petition V-2000-8 to the Board of Zoning Appeals. 2 PREPARED BY: CURRENT PLANNING REVIEWED~,I~,Y: RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBi=RT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE ADBY: ~ VrNCENTA ~/~- ~"'- "-,,,~ '"0 ~ · CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summaryN-2000-8 3 iTEM MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: APRIL 5, 2000 SUBJECT: PETITION V-2000-08 AGENT/APPLICANT: OWNER: Joseph Sabatino 9624 - 102 Crescent Lake Drive Naples, FL 34109 REQUESTED ACTION: The petitioner requests several variances in order to construct 6 courtyard style homes on six lots in Naples Park. The petitioner requests a variance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of Lots 13 & 14 and along the east side yard of Lots 36 and 37; a variance of 0.7 foot from the required 6-foot maximum to a 6.7-foot maximum for height of the courtyard walls; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls. GEOGRAPHIC LOCATION: The subject property is located in the 600 block of Naples Park, fronting on both 111th Avenue and 110th Avenue. It is legally described as Lots 13, 14, 15, 36, 37, & 38, Bl.~,k~ 17, Naples Park Unit 2. ~ ~.~, ~'rE~ 2000 V-2000-08 Property Owner: Charles Nicholas 1000 Hollygate Lane Naples, FL 34103 Contract Purchaser: Joseph Sabatino 9624 - 102 Crescent Lake Drive Naples, FL 34109 ? wl PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct courtyard-style zero-lot line villas on 6 lots zoned RMF-6 in Naples Park. The homes will have a courtyard design and a common architectural theme. A minimum of 15 feet will be maintained between the courtyard homes and the neighboring properties. A single family home, meeting required setbacks, could be constructed on each lot without any variances. A wall will be constructed around the backyard (courtyard) of each home. The petitioner requests a variance to allow the wall to be 6.7 feet in height instead of the required maximum of 6 feet. In order to accomplish this, he requests the subject variances. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Vacant lots; zoned RMF-6 111th Avenue ROW; across which is Casa de Vida single family subdivision, Naples Park Elementary School and Saint John the Evangelist Catholic Church Residences on lots; zoned RMF-6 110~h Avenue ROW, across which are single family and duplex homes; zoned RMF-6 Residences on lots; zoned RMF-6 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. 2 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. Although this is an existing neighborhood developed with traditional single family and duplex residences, the petitioner wishes to construct a single-family house that, while common in some neighborhoods, is non-traditional in this neighborhood. 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 different style of residence from the surrounding neighborhood. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. The petitioner could construct a traditional single family house on each lot. 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? A traditional single family house on each lot would not require a variance and is a reasonable use of the land. However, the requested variance will be for proposed courtyard-style homes, with no increase in density. A wall, 6 feet in height, could be placed along the property line without a variance. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? 3 Yes, this variance will allow the petitioner to have some smaller rear and side yards than would be permitted for similar lots in Naples Park. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of some of the required yards, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will result in a single family housing type, which is a slightly different style from the surrounding area and will not be detrimental to the public welfare. Courtyard homes are used successfully in the PUD zoning district. ge 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. Proposed courtyard walls will hide the accessory structures from the view of neighbors. Staff believes that this factor ameliorates the proposed encroachments of the accessory structures. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Because the petitioner is maintaining single family housing in Naples Park with a slightly different style from the surrounding houses, smaller yards interior to the project and because a minimum of 15 feet will be maintained between the courtyard homes and the neighboring properties, staff recommends that the CCPC forward Petition V-2000-08 to the BZA with a recommendation for approval. PREPARED BY: FRF._~_I~ISCHL, SENIOR PLANNER CURRENT PLANNING REVIEWED BY: RONALD ~'. NINe), AICP" ' CURRENT PLANNING MANAGER DATE DATE FL(2(B[=RrT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPR?~F~ BY: VINCENT A. C~UTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE' Petition Number: V-2000-08 Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN ; JOSEPH SABATINO 9624-102 ~NT LAKE DR. NAPLES, FLORIDA 34109 RECEIVED Feb. 22, 2000 FEB 2 9 2000 Collier County Planning Commission and Board of Zoning Appeals 2800 North Horseshoe Drive Naples, Fl. 34104 Re: Resubmission of Variance Petition V-99-25 2000 PLANNING SERVICES Dear Commissioners, The applicant is requesting the resubmission of former Variance Application #V-99-25 This could be considered as a continuation of discussions regarding the former request as it stood after review by the CCPC at their meeting dated 12/16/99 and after review by the Board at the Zoning Appeals Hearing dated 1/25/00. Attached is the complete former submission, CCPC formal recommendation and Executive SununaD' which is intended to be part of this rcsubmission. The .applicant unfortunately was not given the opportumv,.. to continue the application by the Board of-- Zoning Appeals in order to make adjustments to his plan. Instead due to incomplete findings il was suggested that it be ~4thdraaa to avoid rejection. This resubmission is intended to respond to two salient objections which were voiced at the Board of Zomng Appeals Heanng Regarding the issue of a side3ard ~ariance along existing lots #39 and # 16. It is proposed that no side yard ~ariance is sought on the side yard where proposed dwellings adjoin these two existing ch~.ellmgs, however the (opposite side) other side yarck although hax~ng the normal 7.5 feet, would adjoin the zero lot line side of the proposed d~'ellmg. This can best be seen on the attached re~sed site plan. This is an important feature in order for the plan to work as a six unit single family detached courtyard development. ff this variance were permitted, four dwellings would be full courtyard designs and two dwellings would be modified courtyard designs. This would satisfy the applicant's design goals for the most part. Regarding the unresolved issue of counTard wall height. Coun3'ard cl~ellings generalb.' should be permitted on the t)pical Naples Park lots. The)' would serve to enhance and improve a narrow tot condition that exists throughout the Park The purpose of a Courtyard style dwelling is to internalize views and create privacy and security that would normally not exist in the absence of the wall. This le~l of security and priva~' would not be accomplished if a tall person (over six foot) ~s able to peer over or reach the top of a six foot high ~l. The solution to this potential problem would be to allow' for the higher wall, not to exceed 7 feet. This applicant would be w~lling to compromise the wall height to 6 feet 8 inches the height of a normal door. This height is a minimum height for adequate security and pri~-~'. Finall)', it is formalb' requested that a fee waiver be granted for this application due to the circumstances indicated above with regard to the resubmisaion. Thank you kindly for your consideration~ J~se-~h Sa~afino, Architect ph: {941) 598-1116 fax: (941) 593-0131 e mail: jcsab,~._.noLcom ~ 6 ST · · 8~5T VARIANCE PETITION (V~CE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL IN'FORMATION: Petitioner's Name: Petitioner's Address: Telephone: Agent's Name: Agent's Address: J"~'t~/~"~, ,~'(.. ~/0 y Telephone: I ~'~/ ,s~d" 1/1.-6 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE ~ NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page 1 of 8 Complete the following for all Association(s) affiliated with this petition. (Provide Mditional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: /V' ./~c~L&-~ ~ ~ Mailing Address O~'~' /'&~g>/+v'~- ~' City Md~Pt.e~ State ~.. Zip PROPERTY DESCRIPTION: Legal Description of Subject Property:/~/9~ Subdivision: W/b°/~-~ ~ Unit 2. Section Twp. Range Lot (s) /5 -/~' Block (s) ~,~. ~'7096 Property I.D. # 6Zl;' Metes & Bounds Description: Application for Variance Petltton- 8~8 Page 2 of 8 Address of Subject Property: ~,~'! //~,,~ ~, ~r~ ~ ~'~//~ ~/~') (If di~c~cnt ~rom Peti~oncr's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: N S Minimum Yard Requirements for Subject Property: Front: ~. t Comer Lot: Yes [] No ~ Side: 7. ~' ' ~. (2.) Waterfront Lot: Yes [] No [~' Rear: Application for Variance Petition - 8/98 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback fi'om 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Please note ~ staff ~ the Collier County Planning Comn~sion shall be g!fided in ~ ~ ~o t~ Board of zoning Appeals, nnd t!~t the B4~rd of zoning appeals sl~11 be ~ in its determinati~ to approve or dcny a variance petition by the below listed criteria (1-8). (Please addr~s tl~ criteria wing additional page~ if ncccs~'X.) I. Axe there special conditions and circumstances existing which axe peculiar to t~ location, size and characteristics of the land, s~ucture, or building involved. Are there special conditions and circurrmtances which do not r~ult from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. o Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make poss~le the reasonable use of ~ the lan& building or structure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 Page 5 of 8 Will granting the variance requested confer on the petitioner any special privilege ~ is denied by thee zoning regulations to other lands, buildings, or stmcturea in the same gonln~ d~tl~ Will granting the variance be in harmony with the intent and purpose of tim zoniag code, and not be injurious to the neighborhood, or otherwi~ detrimental to the public weffar~. Are there natural conditions or physically reduced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, gotf course, etc. 8. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 of i VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 ~Y.~' ~'rf~' (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location 'map depicting major streets in area for1 reference 7. Application fee, checks shall be made payable to- Collier County Board of Commissioners 8. Other Requirements- _ As the authoriz~ agent/appLicant for ~ petition, I at&t that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all nece~aD, submittal information may result in the delay of processing of this petition. i~gnature Date Application for Variance Petition - 8/98 Page We/I, ~.~_~__ ~~ being first duly sworn, depose and say that we/I am/are~me owners oj the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah 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 (~q~'t~t.n~9 ~ ~ to act as our/my representative in any matters regarding this Petition. T);ved or Printed Name of Owner Signature of Property Owner Typed or Printed Name of owner Theforegoinginstr~me, nlwasacknowledgedbeforemethis ~dayof~~. ~ 9 qg, by~,~_ ~ ~ C~ ~who ~ personally ~own to me or has)rodueed State of Florida County of Collier Application for Variance Petition - 8/98 as identification. '--.~ Florida) ( J ~ I.A.UR.A J. K~RSE¥ ',.../ commission ~. CC746452 Name of Nota~ Public) Page 8 of 8 ADDENDUM TO SALES CONTRACT BEI~VEEN: NICHOLAS, CHARLES SABATINO, JOSEPH SELLER BUYER EFFECTIVE DATE OF SALES CONTRACT/ADDENDUM: 8/20/99 FOR THE PURCHASE OF THE FOLLOWING DESCRIBED REAL PROPERTY: NAPLES PARK UNIT 2 BLK 17 LOTS 36-38 LESS R/W NAPLES PARK UNIT2 BLK 17 LOTS 13-15 Tills IS PAGE 5 OF A 5 PAGE DOCUMENT. 26. OTItER TERMS AND CONDITIONS: ^) c) BUYER AGREES TO EXTENT) THE CLOSING DATE TO JP, aNUARY 3, 2000 SELLER AGREES BUYER OR HIS ASSIGNS MAY PLACE SIGNAGE ON THE PROPERTY FOR PROMOTION PURPOSES. SELLER GRANWS TO BUYER THE AUTHORITY TO SEEK A VARIANCE FOR THE PROPERTY, FOR RESIDENTIAL PURPOSES, AS OF THE DATE OF THIS ADDENDUM. BUYER: BUYER: DATE: SELLER: JOSEPH SABATINO 9624-102 CRESCENT LAKE DR. NAPLES, FLORIDA 34109 Hand Delivered July 28.1999 Mr. Ronald F. Nino, AICP Manager - Current Planning Section Coremunit)' Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: "Courtyard Housing" Proposal for Naples Park Dear Mr. Nino, As I briefly described in our telephone conversation yesterday, our development group is considering the purchase of a small vacl]~,?a~ct of land we call the Nicholas Tract. The tract currentS' consists of six lots 13.14.15 each being 50'x 135' totaling .4.6 acres for a total tract area of. 84aetex In preparation for our meeting this Friday ~ Iprm I have prosided data below for )'our review ~'hich aS.11 form the substance for our discussion. The purchase agreement for the tract ~511 stipulate b2,.' a contingency clause that the tract will be able to be developed as an entirety for "Courtyard Housing" a use as depicted on the attached site plan which may not currently be permitted as conceived. If,a'c would be able to accomphsh the attached by a special exception or some other method, it would be our preference that out land sales agreement would not have to have such contingencD' clauses. A secondary goal in the development of this tract is for us (or others) to be able to do very similar housing on an in-fill basis (individual scattered lots in Naples Park) using standards developed for this initial project. It is my firm belief that the allo,aance of, and the addition of this housing t)pe into this specific community vdll eventually create a new standard of excellence and higher qualit)' of lifestyle as the relationship between house and loftamenities are brought to a more current level of small lot planning. As an architect, I have been trained to marry the architecture aith existing site conditions and my initial observation of this existing communi~- is: that it is )'earrung for this ~pe of housinb'development Also attached are some architectural schematics ,a'hich have been planned ,~ith reslx~ to the t)pical building envelope that one has to work to. Due to the very small size some nunor bedrooms would be created on the upper level thus making the t2,.pical house a two story.. Special attention must then be taken to ensure privacy to adjoining houses aith respect to ~5ndowless walls. The plans depict the court)m'd concept which although not shma= will be treated a~th beautiful pa~-ing, plantings, pools, ponds, a~mries, sculpture gardens, etc. ph: (941) 598-1126 fax: (941) 5930131 e mail: jcsab~aoLcom Below, I have enumerated tl~ ~y fc'~' $pec~c "new zoning pr~o~" of ~ual im~an~ and rely on ~ ~t ~sssiom for I~ Io'cl or nOn F a) "pm o' walls" or ' ~'a!ls s~l ~ ~it~ on pm~' maxim~ o~ ~q~ ~' walls or hou~ walls on pm~' lin~ not cx~ng 14 ~.~o~ of wall finish ~imc~n~ s~ ~ s~r~ ~u~!y ~'~n o~e~ of nei~ng ~ b) ~ c~cm ~ui~ 75 si~ ya~ ~ch si~ s~l ~ ~ ~o ~ ~mbin~ (15) on o~ si~ ~ o~y Io c~c a more ~ble si~ y~d ~or ~u~ard amc~O~ mclu~ng and plamc~ which ~y ~ ~u~ at ~c r~ hou~ ~!ls on pro~y !in~ s~!l ~ ~in~w!~ ~11s ~d We no o~n~ ex~ ~ch ~ls ~y ~ ~~ ~o We (~on <!or} ~ass b!~k for li~i e~ng ~n~ws o~y ff ~ 90 ~ ~rom pro~ !in~ ~d ~cb ~in~ on ~l~ng ~11s l~t~ on pro~' lin~ r~r all ~11s on pro~y lines s~11 havc a five r~ c~cn~ o~ in~l pro~' o~c~ ~1 ~~li~' for ~inle~n~ or ~a~ ~sh and gcnc~l ~i~ o~ all walls sii~l~ on pro~' l~n~. other prov~ons as m~ be required to entre the ~ntegn~ of the exis~ng and new hou~ng zornrig. In closing I am hopeful that you can share the x~ision I have presented, xshich if accomplished will accelcrate the reanaisance ,~'hich I see the Naples Park Commumty experiencing. I then request your assistance in achieving this goat to provide for a highly desirable solution for retro-fit housing in the Naples Park Area. ~gisle~.xt Arctute~'L State of Honda It~n T~tle: PgTITION V-99-2~ JOSIPH SABATINO R~Q~G A VARIANC~ OF 7.5 FElT FROM T!~ ~ ~..~ F~T '£O 0 FE~,T ALONG ~ WILi'T SID~- YARD OF LOTS 13 & 14 AND ALONG ~ lAST SIDg YARD OF ~ 1~ ~ ~/; A VARIANCE OF I FOOT FROM TI~ REQ~ & FOOT MAXIMUM TO A ? FOOT MAXIMUM !~OR !tlIOHT O1~ ~ COURTYARD WALI~; A VARIANC~ OF ?.$ FEET FROM T!~ REQUIR]ID 7.~ IZ~T TO 0 FI~T FOR A~Y STRUCTURES ALONG TH~ SIDi[ LOT LINES AND wrI'HIN T!~ COURTYARD WALL~ AND A VARIANC'I O1~ lO ]~gT FROM THE REQUIRED 10 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG TI~ REAR LOT ~ AND WITIIIN ~ COURTYARD WALLS FOR PROPERTIES DESCRIBED AS LOTS 13, 14, 1~, 36, 37 AND 38~ BLOCK 17, NAPLI~ PARK. UNIT 2, CO!~I~I~R COUNTY, FLORIDA. List of Documents Attached: ecutive s,u m EXECUTIVE SUMMARY PETITION V-99-25, JOSEPH SABATINO REQUESTING A VARIANCE OF 7.5 FEET FROM THE REQUIRED 7.5 FEET TO 0 FEET ALONG THE WEST SIDE YARD OF LOTS 13 & 14 AND ALONG THE EAST SIDE YARD OF LOTS 36 AND 37; A VARIANCE OF 1 FOOT FROM THE REQUIRED 6 FOOT MAXIMUM TO A 7 FOOT MAXIMUM FOR HEIGHT OF THE COURTYARD WALLS; A VARIANCE OF 7.5 FEET FROM THE REQUIRED 7.5 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE SIDE LOT LINES AND WITHIN THE COURTYARD WALLS; AND A VARIANCE OF 10 FEET FROM THE REQUIRED 10 FEET TO 0 FEET FOR ACCESSORY STRUCTURES ALONG THE REAR LOT LINES AND WITHIN THE COURTYARD WALLS FOR PROPERTIES DESCRIBED AS LOTS 13, 14, 15, 36, 37 AND 38, BLOCK 17, NAPLES PARK, UNIT 2, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests several variances in order to construct 6 zero-lot line courtyard style homes on six lots in Naples Park. These variances include a variance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of Lots 13 & 14 and along the east side yard of lots 36 and 37; a vadance of 1 foot from the required 6 foot maximum to a 7 foot maximum for height of the courtyard walls; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessory structures along the side lot lines and within the courtyard walls; and a vadance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls. CONSIDERATIONS: The petitioner wishes to construct courtyard-style zero-lot line villas on 6 lots zoned RMF-6 in Naples Park. The lots will maintain the combined 15-foot separation between structures. A wall will be constructed around the backyard (courty. ard) of each home. The petitioner requests a variance to allow the wall to be 7 feet in height. A single family home, meeting required setbacks, could be constructed on each lot. The petitioner, however, wishes to build homes with a courtyard design and a common architectural theme. In order to accomplish this, he requests the subject variances. Approximately twelve phone calls were received from residents in the area who had no objection. Two phone calls in objection cited the destruction of the native habitat and its effect on wildlife and the height of the walls. Two letter writers objected to the fact that the houses would be out of character with the rest of Naples Park. At the Planning Commission headrig, four people spoke in opposition, stating project would be out of character with the neighborhood. that the FISCAL IMPACT: Since the subject parcels are platted lots with infrastructure to support single family homes, approval of this petition would have no additional fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the use of the lots 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: Staffs analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: Because the petitioner is maintaining single family housing in Naples Park with a slightly different style from the surrounding houses, and the 15-foot separation between structures is being maintained, staff recommended that the CCPC forward Petition V-99- 25 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on December 16, 1999. The Petitioner originally asked for a variance to construct the houses on lots 15 and 38, 2 feet from the property line. The Planning Commission voted to remove that variance, thus maintaining a minimum separation between structures of 15 feet. By a vote of 6 to 2, the CCPC forwarded Petition~Vz~-25 to the Board of Zoning Appeals._ with a recommendation of approval. Commission~-r~)ema~hy and Rautio dissented. Among their objections was the height of the wall. PREPARED BY: FR~SCHL, SENIOr-PLANNER CURRENT PLANNING '~RI--VlEWEI~'~: ~i ONALI~.'~ICP URRENT PLANNING MANAGER OB~'~ J. ~4ULHERE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE DATE DATE VINCENT A, CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary~V-99-25 April 26, 2000 Mr. Fred Reischl, Senior Planner Planning Services Department of Collier County Government 2800 North Horseshoe Drive ,-- Naples, FL 34104 Dear Mr. Reischl, I received the notice that Joseph Sabatino has submitted another request for variances for his proposed "Gulfwalk Courtyard Villas" (V-2000-08). Please include this letter and it's attachments as formally submitted for consideration by the Collier County Planning Commission when they are making their decision regarding these variances. I am opposed to granting these variances and encourage you to recommend that they be turned down by the Planning Commission because this project is not consistent with the character of Naples Park, or even with the general results of the Dover-Kohl study for the character of Collier County. As you know, Dover-Kohl was commissioned, at a fee of $400,000, by the Collier County Commissioners to develop a Community Character Plan for Collier County that includes "Great Neighborhoods" and "World Class Streets", and improved transportation, among other things. Naples Park was selected as a model neighborhood for demonstration of the principles of creating development and community character and valued neighborhoods. Appendix A iljustrates the results of the Community Image Survey created by Dover-Kohl and taken by county residents, as it pertains to dwellings. It is important to note that Iljustration 6 (the image that most closely compares to Mr. Sabatino's proposed courtyard villas), a gated/walled single family dwelling of "upscale" architectural style received a ne.qative rating, the lowest rating, of any single family home and was lower even than some multi-family units. Ungated, traditional architecture homes with lots of trees and grass were consistently rated very positively. For comparison, Appendix B shows images from the survey that are similar in rating than the gated/walled home. These include a parking lot, a home with a double garage facing the street, a major intersection, and an empty roadway. The image whose rating is closest to the gated/walled home is the parking lot outside Sears. This indicates to me that community residents, when viewing county images from a community standpoint, find gated/walled homes as negative a feature as large concrete parking lots: perhaps because both are unattractive and unfriendly. Lynne r/t V-2000-08 Appendix C iljustrates scenes which iljustrate the community character of Naples Park. Iljustration 13 is from the Community Image Survey and received a very positive rating. The others are photographs that I took today in the neighborhood of Mr. Sabatino's proposed courtyard villas. I urge you to compare the character of the neighborhood and homes that surround Mr. Sabatino's property. I think you will see that his proposed project is not in the character of Naples Park. I have collected signatures on a petition requesting that the ¥ariances be denied. These are presented in Appendix D. Because ! collected the signaturds before I knew that the only valid signatures were those of registered voters, some of these may not apply. I know that I can collect more before the hearing on May 4, 2000. In talking with my neighbors, I found no one that was really in favor of the project. Those who declined to sign the petition, told me that they did so because they were afraid of Mr. Sabatino's threat to put in multi-unit housing, or they thought it was "better than the slums on the 500 block." The people opposed to the variances voiced the opinion that the project damages the friendly, connected character of the community. You can't put a dollar amount on the value of neighbors who know each other, a diversity of families, retired folks. In the Dover-Kohl presentations, they showed pictures of neighborhoods where people know each other and are friendly. These neighborhoods are not walled; they have front porches from which people easily view the street and other neighbors. There is less crime, because windows and doors face the street and neighbors know each other. These are not just my opinions; they are supported by studies and experts, as commissioned by Collier County. The neighbor to the east of the Sabatino property believes that it will reduce the value of his home, because it reduces his privacy to have a large two-story home hanging over his house. Appendix E contains a letter copied from the discussion board of the Dover-Kohl website concerning community development in Collier County. Mr. Fay points out that we need to protect the rights of all our county citizens. some of who prefer to live where everything looks the same. We also need to protect our neighborhoods where diversity within the neighborhood is valued. I have heard this opinion reflected in the statements of residents at both the PONP and NPAA. The kind of building that Mr. Sabatino wants to bring to Naples Park does not in any way enhance the ideas or principles put forth by Dover-Kohl for Naples Park or Collier County in general. To address the variances specifically: understanding that exterior walls anywhere in the county, even in PU Current zoning regulations set the maximum wall height at 6 feet. It is my Lynne r/t V-2000-08 can be only 6 feet tall. Vera Fitzgerald wrote me the following concerning wall height: "Barbara Berry wasn't against the 7 foot walls. She cited the walls across the street on the north side of 11 lth saying they were higher. In fact they are not even 5 feet! Donald and I went over there and measured them. No one has seven foot walls in Collier County. In a PUD they may well be able to do this but not outside of a PUD so they should be completely unacceptable in a community such as Naples Park." The argument that a variance in Naples Park should be granted on the basis of what may or may not be allowed in PUDs is unreasonable. Naples Park is not a PUD and has very different needs as a community. Granted that Mr. Sabatino's properties may not be as valuable with 6 foot walls (rather than 7 ft., or 6.8 ft.). However, the zoning laws were in place when Mr. Sabatino made his plans for these courtyard villas. As an investor, this is a risk he took. Real estate development is a gamble. The community of Naples Park should not be compromised in order to maximize the investment of a private citizen or company. Granting an increase in wall height establishes a precedent. Granted this application asks for only an 8 inch variance, but it is easy to see how one can go from 8 inches to 12 inches and so on. Future developers could use this reasoning to further degrade the nature of Naples Park, just at a time when we are starting to get in place a plan for neighborhood development. Current zoning regulations require setbacks from property lines. While the new plans, showing interior set-backs only, are clearly preferable to the former plan with external property line set-backs, allowing these set-backs establishes a precedent that the county will accommodate developers who want to make money at the expense of the neighborhood and the county. Naples Park, as pointed out by Dover-Kohl, has many wonderful characteristics and with the help of these consultants, we can put in place a neighborhood that Collier County can really be proud of. We can't achieve that goal if the area is broken up into various courtyard villas. I am aware that Mr. Sabatino can put some sort of townhouse on his lots, without any variances required and that he has threatened to do so. Dover-Kohl has shown us, while they were here, how townhouses can enhance a neighborhood. ! do not think that the threat of a townhouse is any reason to grant variances. Lynne r/t V-2000-08 One of the things that Dover-Kohl iljustrated so well in its programs is how zoning laws don't always do what they were designed to do. They showed well-designed projects that enhanced a neighborhood which were a violation of zoning laws (showing us how we cut off our noses to spite our faces...) and they also showed situations in which a builder could conform precisely to zoning laws and still violate the character of the community. One of the things this county needs to address and I wish the County Planning Commission would take into consideration, is how to create and ensure that community character is maintained. Careful consideration of the Dover-Kohl recommendations would be a good place to start. I would recommend that Mr. Sabatino consult with Dover-Kohl himself to request assistance in designing neighborhood-friendly buildings that are consistent with Naples Park. Barring that, Mr. Sabatino could wait until finalized plans for Naples Park were being executed and then plan his buildings to fit into the new redeveloped Naples Park. Anyone who has been to Naples Park and has seen Mr. Sabatino's plans can't help but notice that they are not consistent with the character of Naples Park. Naples Park is the only working class community west of Rt. 41. It is the only community west of 41 with a network of roadways. There are aspects of Naples Park that could be improved upon. Since spending some 14 hours with Dover- Kohl people in the weeks they were here, and talking with neighbors and at both neighborhood associations, I can see real promise of the redevelopment of Naples Park into a neighborhood that retains its affordabili~ and working class nature AND is a neighborhood that all of Collier County can be proud of. Thank you for your consideration. Erica Lynne 676 110th Ave. N Naples, FL 34108 514-2968 ericalynne~mindsprinR.com cc: Vera Fitzgerald, AI Newman, Dwight Richardson, Henry Fay, PONP, NPAA, Coun~ Commissioners. Lynne r/t V-2000-08 Community Image Survey Results Collier County Community Character Plan Conducted by Dover-Kohl Commissioned by the Collier County Board of-Commissioners Images were rated on a scale of-10 (extremely negative, unsuitable for Collier County) to +10 (extremely positive, fits Collier County perfectly). Images of the Ten Thousand Islands and Naples Pier received some of the highest scores (over 8). The most negative scores were of traffic-crowded streets and parking lots. Per Dover-Kohl, ratings above 5 are considered very positive. Page 6 shows a variety of homes in Collier Count' and their ratings. · Homes with the highest rating (such as Iljustrations I and 2) were ordinary,, single family homes. with garages set back from the road and with lots of trees and green space surrounding the home. · The lowest rating of any single family dwelling, a negative rating. was given to Iljustration 6: a home located v4thin a gated/walled courtyard. · Note that Iljustration 4, l%-pical of the "upscale" architecture in Collier County,, received a lower, though still postive, rating than more traditional architecture. · Images showing homes with driveways and garages near the street were consistently rated quite low. · Note that Iljustration 3. a multi-unit dwelling. received quite a £avorable rating. This iljustrates that multi-fami}y ho~sin~ can be done in a manner that is attractive and consistent with community character. Lynne r/t V-2000-08 5 Naples Park - Community Character Iljustration 1 Rating 5.9 Iljustration 2 Rating 5.7 Iljustration 3 Rating 4.7 Iljustration 4 Rating 3.6 Iljustration 5 Rating 1.4 Iljustration 6 Rating -0.9 Lvnne r/t V-2000-08 6 Naples Park - Community Character Community Image Survey Results Collier County Community Character Plan Conducted by.~over-Kohl Commissioned by the Collier County Board of Commissioners Images were rated on a scale of-10,(extremely negative, unsuitable for Collier Count') to +10 (extremely positive, fits Collier County perfectly). Images of the Ten Thousand Islands and Naples Pier received some of the highest scores (over 8). The most negative scores were of traffic-crowded streets and parking lots. Per Dover-Kohl, ratings above 5 are considered very positive. Page 8 shows images with similar or slightly higher ratings than that ofa gated/walled home of "upscale" architecture. Even a parking lot (Iljustration 12) had a higher rating. A home with double garage facing the street and little visible landscaping (Iljustration 10)had a higher rating. Various views of roadways had higher ratings (Iljustrations 7, 8, 9). The image with the closest rating to the gated/walled home (Iljustration 8) is the Sears parking lot (Iljustration 11). (Ratings of-0.9 and -1.0 respectively). Iljustration 8 Rating -0.9 Iljustration 11 Rating-l.0 From the standpoint of the community image. people view an upscale ga[cd/walled home as negatively as a mall parking lot. Lynne r/t ,-.~ ~-08 7 Naples Park - Community Character Iljustration 7 Rating 0.5 Iljustration 8 Rating 0.6 Iljustration 9 Rating 1.0 Iljustration 10 Rating 1.6 Iljustration 11 Rating -1 Lynne r/t V-2000-08 Iljustration 12 Rating Naples Park - Community Character Naples Park Images Page 10 shows images from Naples Park and 1 loth Ave. North · Illjustration13 is a rating from the Community Image Survey; it is in Naples Park. It received a very. higfin rating of 5.8. This indicates that Naples Park, as a community has some very valuable community characteristics which need to be preserved and enhanced. · Iljustration 14 shows the 600 block of 110th Ave. North, looking east. The site of the proposed Sabatino courtyard villas is located on the left, where all the trees are. · Iljustration 15 is a photo of the home just east ofth~Sabatino property. The homeowner and rear tenant are opposed to the variances. · Iljustration 16 is a photo of the home just west of th~Sabatino property.. Owner opinion is unknown. · Illjustrationl 7 is a photo of the homes across 110th Ave. North from theSabatino property.. Owners are opposed to the variances. · Finall3'. please take a look at these photos - they show the character of Naples Park. Do you really think that walled court3.'ard homes of upscale architecture fit in here? Lynne r/t V-2000-08 9 Naples Park - Community Character Iljustration 13 Rating 5.8 Naples Park Iljustration 14 110th Ave. N, Naples Park Iljustration 15, Home just east of variance. Iljustration 16, Home just west of variance. Iljustration 17, Homes across street from variance. Is this in character v~ith the other homes? Lynne r/t V-2000-08 We are opposed to granting the variances requested b? Joseph Sabatino for the properties described as Lots 13. 14, 15, 36, 37, ,-~.nd 38, Block 17. Naples Park. Unit 2. Collier Count~' Florida for the following reasons: 1. Plan in not in the style of Naples Park. In the Image Survey recently taken b3 the Dover Kohl company. as commissioned b3 Collier Count', participants over~vhelmingly rated high xvalls and front placed garages as negatives in the communi~'. A courtyard is not in the sb.'le of Naples Park. 2. Zero lot lines damage the proper% values of adjacent properties. Even if current ow'ners "don't mind". f~ture owners might 3.Allo,a'ing zero lot lines sets a dangerous precedent for maintaining neighborhood character. 4. High x~alls discourage neighbor interactions, leading to fragmentation of the neighborhood and higher crime (per Dover Kohl commission). Print Name Address Signature J,L:/. ':' Sterile Monocultures Specifically Mentioned ~onocUi~&&S::'(l'm: thinking bot~'ofpian~ :iife and }soCiai:[ife):mn~.(he;~r;~E:of th~;'0pp~site enVironme~[}:~;.~ne :With'lots of differCht piants.. st~les of livi~e: :p~opie; ~hg encroached upon. The~e. ~as a..moVementa couP!eof years ago in :Napies:Pa~rk;'::6fa[fplaces,'bY :-' ": someone in th~ PONP (Property Owners of Napies Park: as:distinct from.those of.us who simply live here <s>), te have.e~eryone have ire same styie of mailbox.:' .-.:; L:.. If ne 9hbo~oods:had'a designation. or perhaps a rating as to the:amd.unt.Of diversi~ allowed, then peopte coutd choose to live in their kind of enviro~ment.'.Ih some · neighborhoods, you couldn't plant a mango in the front yard (the 'fronds' look so ugly after they've flowered, you know <s>); in other neighborcods, putting your boat and traiter the front yard next to the naugahyde sofa would be OK. . Evewone can't be the same, so fet's protect diversity beb.~een neighborhoods. so that some neigborhoods can protect diversity within the nei9hbo~ood. ·. Last changed: April 12, 2000 - :. http//v¥~'. doverkohl. corrffdiscussion/_disc/OOOOOOO6.htm 4;'2¢00 -.reischl_f To: Erica Lynne Subject: RE: Sabatino Variances Dear Ms. Lynne Thank you for your email. I will make sure that your views are expressed to the Planning Commission and the Board of Zoning Appeals. You are correct when you state that the "zero lot line variances" are internal to the project. "External" side yards are a minimum of 7.5 feet from the property line, thus, 15 feet from the neighboring house. The requested fence height variance is for 0.7 foot. That would be approximately 8 inches higher than the maximum allowed by Code. Again, thank your for your comments. Fred Reischl Senior Planner From: Sent: To: Subject: Edca Lynne[SMTP:edcalynne@mindspdng.com] Monday, April 24, 2000 11:57 AM Fred Reischll~colliergov.net Sabafino Variances Dear Mr. Reischl, I received the notice that Joseph Sabatino has submitted another request for variances for his proposed "Gulfwalk Courtyard Villas". I am opposed to granting these variances and encourage you to recommend that they be turned down by the Planning Commission. These are the reasons why: 1. The plans are not in the style of Naples Park. In the Image Survey recently conducted by Dover-Kohl (and paid for by the county) participants overwhelmingly rated high walls and front-placed garages as negatives in any community. A courtyard is not in the style of Naples Park. 2. Zero lot lines damage the property values of adjacent properties. (It is not clear to me from the description, where the zero lot lines are. I understand from Vera Fitzgerald that Mr. Sabatino was told that if all his "zero lot lines" were on "internal" lines and didn't interface with anyone else's property, the PONP wouldn't oppose them. I would need to see more information on this.) 3. Allowing zero lot lines might, in any case, establish a dangerous precedent for maintaining neighborhood character. 4. High walls discourage neighbor interactions, leading to fragmentation of the neighborhood and high crime. This information comes directly from Dover-Kohl. As you know, Dover-Kohl was commissioned, at a fee of $400,000, by Collier County to help develop plans for Collier County that includes "Great Neighborhoods" and "Wodd Class Streets". Naples Park was selected as a model neighborhood for demonstration of the principles of creating development AND community character AND valued neighborhoods. The kind of building that Mr, Sabatino wants to bring to Naples Park does not in anyway enhance the ideas or principles put forth by Dover-Kohl. I would recommend that Mr. Sabatino consult with Dover-Kohl himself to request assistance in designing neighborhood-friendly buildings that are consistent with Naples Park. Barring that, Mr. Sabatino could wait until finalized plans for Naples Park were being executed and then plan his buildings to fit into the new redeveloped Naples Park. Anyone who has been to Naples Park and has seen Mr. Sabatino's plans can't help~b~u! notice that they are not consistent with the character of Naples Park. ~;. .....~,, ....... Naples Park is the only working class community west of Rt. 41. It is the only community west o~41 w~-'~'--~ Page 1 ! !' ' network of roadways. There are aspects of Naples Park that could be improved upon. I must admit that befod I became involved with the Dover-Kohl project, I had little hope for the future of Naples Park. Since spending _ some 14 hours with Dover-Kohl people in the weeks they were here, and talking with neighbors and at both neighborhood associations, I can see real promise of the redevelopment of Naples Park into a neighborhood that retains its affordability and working class nature AND is a neighborhood that all of Collier County can be proud of. If you haven't had a chance to review Dover-Kohl's proposals for Naples Park, please take the time to do so. would be happy to meet with you to show you the maps, layouts and ideas that can really make Naples Park great. Thank you for your consideration. Erica Lynne 676 110th Ave. N Naples, FL 34108 514-2968] ericalynne@mindspring.com Page 2 -" ischl_f ~-rom: Reply To: Sent: To: Subject: Vera Fitz-Gerald[SMTP:verafg@naples.net] verafg@naples.net Friday, April 21,2000 3:53 PM Fred Reischl@colliergov.net Sabatino's Variance request Planning Commission: We, the Property Owners of Naples Park opposed the first request by Sabatino for his property on 110th and 11 lth Avenue North because the side-yard setbacks were less than the required 7.5' along the abutting properties, and his request for a 7' wall. Anything less than the required setback is completely unacceptable. We also are opposed - adamantly - to his current plan for a 6'7" wall. This is completely unacceptable. There is no need for such a wall. We do not want walled enclosures as it is completely out of character in the neighborhood of Naples Park. Naples Park does not have walls, and very few fences. Nor do any of the neighboring communities. If Sabatino wants a wall around the rear of his property it can be no higher than the County standard of 6 feet, and not an inch more! This man's attitude toward our neighborhood is appalling. Because of the PONP's opposition to his first plan which I stated at the Board of County Commissioner's meeting, I received a very threatening phone call -U-~m one of his backers which I reported to the Sheriff. The man made My very derogatory remarks about Naples Park which made me wonder why was keen to build here, let alone live here. The neighborhood of Naples Park, OUR neighborhood, has great appeal to those who live here. We love it, and don't take kindly to this kind of interloper. We request that you tell this Sabatino to build within the code or not build at all. Vera Fitz-Gerald, President Property Owners of Naples Park Page 1 reischl_f To: Subject: nfn 15446@naples.net RE: 6'7" wall Dear Ms. Glaspey; Thank you for your e-mail. Appeals. Fred Reischl Senior Planner I will forward your comments to the Planning Commission and the Board of Zoning From: Reply To: Sent: To: Subject: Lewis Glaspey[SMTP:nfn15446@naples.net] nfn 15446@naples.net Friday, April 21, 2000 5:06 PM FredReischl@colliergov.net 6'7" wall Dear Sirs; My husband and I own four lots, with two houses on them in Naples Park. We are very active in both associations in the park. We are very much opposed to the builder who wants to build villas with 6'7" walls around their properties. We are also opposed to the idea of changing the zoning to allow a parking lot on 109th. Why do people think they can do what ever they want in this area? We like the park the way it is and do not want day care, parking lots etc everywhere. Would you like to live next door to a parking lot? or a tall wall? Please listen to what these people in the park are trying to tell you. thank you, Beverly Glaspey Page 1 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 08, 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 Count)', 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 heanng after notice as in said regulations made and provided, and has considered the advisability of a variance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of Lots 13 & 14 and along the east side yard of tots 36 and 37; a variance of 0.7-foot from the required 6-foot maximum to a 6.7-foot maximum for the height of the courtyard walls; a variance of 7.5 feet from the required 7.5 feet to 0 feet for accessoD' structures along the side lot lines and within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls as shown on the attached plot plan, Exhibit "A", in an "RMF-6" 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 ~q-IEREAS, 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-2000-08 filed by Joseph Sabatino, with respect to the propert3, hereinafter described as: Lots 13, t4. 15, 36, 37 and 38~ Block 17, Naples Park, Unit 2, Collier County, Florida. be and the same hereby is approved for a variance of 7.5 feet from the required 7.5 feet to 0 feet along the west side yard of Lots 13 & 14 and along the east side yard of lots 36 and 37: a variance of 0.7-foot from the required 6-foot maximum to a 6.7-foot maximum for the height of the courtyard walls; a variance of 7.5 feet fi'om the required 7.5 feet to 0 feet for accessory structures along the side lot lines ~nd within the courtyard walls; and a variance of 10 feet from the required 10 feet to 0 feet for accessory structures along the rear lot lines and within the courtyard walls as shown on the attached plot plan, Exhibit "A", of the "RMF-6" Zoning District wherein said property is located, subject to the following conditions: I. This variance is for the encroachment shown in Exhibit A only. Any other encroachment shall require a separate variance. 2. The petitioner shall submit a Site Development Plan for review and approval. prior to any building activity on site. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-08 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 Approved as to Form and Legal Sufficiency: MARNI M. SCUDERI ASSIST,~NT COUNTY ATTORNEY (D:,'k -2000-08 RESOLUTION 3 I 00TR;ts TIMOTHY J. CONSTANTINE. CHAIRMAN' -2- III111 !,ii ~11117 Exhibit "A" EXECUTIVE SUMMARY V-2000-09, GEORGE L. VARNADOE, ESQUIRE, OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, REPRESENTING LA PLAYA, LLC, FOR A VARIANCE TO THE SEPARATION BETWEEN BUILDING REQUIREMENT FROM FORTY-NINE (49) FEET TO THIRTY-FIVE (35) FEET FOR PROPERTY LOCATED AT 9891 GULFSHORE DRIVE. OBJECTIVE: The objective of this petition is to obtain a variance from the dimensional requirement of the "RT" zoning district regulating the space between separate buildings on a property with unified control. CONSIDERATIONS: The property is located at 9891 Gulfshore Drive. Subsequent to the posting of our legal advertisement and preparation of staff report staff detemlined that the advertised variances for front and rear yard setback were not required inasmuch as Section 2.6.4.4 provides the opportunity to construct buildings nearer the intercoastal waterway bulkhead line where such bulkheads are constructed. Therefore by moving the proposed structures nearer the bulkhead the buildings will be setback consistent with the front yard requirement for the "RT" zoning district. The variance requested applies only to development activities on the east side of Gulfshore Drive and become a factor in the construction of a parking garage over the current parking lot, and expansion of the current convention center as two separate building structures. Variance petitions require a findings of fact based on criteria at Section 2.7.5 of the Land Development Code. Staff opines that the assessment of these evaluation criteria supports the recommendation to reduce the space between buildings. A number of persons spoke in opposition, bowever, it is not clear whether or not the opposition was to the general expansion activity as opposed to any objection to the variance itself. FISCAL IMPACT: The granting of a variance to some dimensional standard does not have any fiscal impact to Collier County. GROWTH MANAGEMENT PLAN CONSISTENCY: Petitions for a variance from some dimensional requirement of the Land Development Code, does not give rise to the level of any inconsistency with elements of the Growth Management Plan. EVALUATION FOR ENVIRONMENTAl., TRANSPORTATION AND INFRASTRUCTURE: Typically, variance petitions have no impact on jurisdictional agency responsibilities. Ncvcrthclcss, the petition is circulated to appropriate agencies fbr review. 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 rcquired. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommended that the Collier County Planning Commission recommend approval of Petition V-2000-09 to the Board of Zoning Appeals, as described by the Resolution of Adoption and exhibits thereto. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition V-2000-9 a petition to vary the space between buildings requirement for Forty-nine (49) feet to thirty-five (35) ffcct as described by the Resolution for Adoption and Exhibits thereto. PREPARED BY / RONALD~'F. NINO, AICP CU, RRENT PLANNING MANAGER RE,lEaVED BY: PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE APPROVECBY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. V-2000-09 EX S[;MMARY/n~d DATE AGENDA ITEM 7-D MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MARCH 20, 2000 PETITION NO: V-2000-09, LA PLAYA, LLC (COMPANION TO CU-2000-03) OWNER/AGENT: Agent: Mr. George L. Vamadoe, Esq. Young, van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Oxvner: La Playa, LLC 570 Kirkland Way Kirkland, Washington 98033 REQUESTED ACTION: This petition seeks a variance from the rear yard setback of thirty (30) feet to fifteen (15) feet, the front yard setback of thirty (30) feet to twenty-six and one-half (26 V2) feet, and the space between building requirement of fourteen (14) feet from forty-nine (49) feet to thirty-five (35) feet. GEOGRAPHIC LOCATION: The property is located at 9891 Gulf Shore Drive (See location map on following page). 1 PURPOSE/DESCRIPTION OF PROJECT: The variances requested apply to intended development activities on the east side of Gulf Shore Drive and become a factor in the construction of a parking garage over the current parking lot, and expansion of the current convention center as two separate building structures. The variance will affect the proximity of the parking structure to the intercoastal waterway and the setback from Gulf Shore Drive for a portion of the convention/meeting rooms center. The setback variance do not apply uniformly throughout the width of the property. suRROUNDING LAND USE AND ZONING: Existing: The east side of the La Playa Beach Resort Hotel is currently in use as a parking lot and convention/meeting rooms facilities. The variance request applies only to construction activities intended for the property lying east of Gulf Shore Drive. All of this property is zoned "RT." Surrounding: North - To the north lies a single-family home which is zoned RSF-3 single-family. East - To the east lies the intercoastal waterway. South - To the south lies a multiple family residential development' which is zoned "RT." West- To the west lies the main La Playa Hotel facilities. GROWTH MANAGEMENT PLAN CONSISTENCY: Petitions for a variance from some dimensional requirement of the Land Development Code, or the development standards of any particular PUD do not rise to the level of any inconsistency with elements of the Growth Management Plan. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Typically, variance petitions have no impact on jurisdictional agency responsibilities. Nevertheless, the petition is circulated to appropriate agencies for review. 2 ',,NALYSIS: Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: ae Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure, or building involved and which are not applicable? The special circumstances present may stem from the manner by which the ~vaterfront setback has been historically interpreted. This has to do with whether or not the setback has been interpreted to apply to property lines that extend into the waterways. There have been several refinements of water front yard definitions over the years and this may account for the fact that a large multiple family structure immediately south of the subject property enjoys a setback from the seaxvall less than thirty (30) feet (i.e. 14.8 feet) than the current method applicable to determining the waterfront setback distance for principal structures. Recreational accessory structures may be located within ten (10) feet of a seawall. While a parking garage is an accessory structure, nevertheless, it is treated no differently than the principal building for setback purposes in the RT zoning district. Other special conditions that affect the essential nature of setbacks is the fact that a waterfront lot within an expansive horizontal plain makes the setback requirement less essential and adds the dimension of special circumstances to support the varianae request. Are there special conditions and circumstances, which do not result from the action of the applicant? Special conditions and circumstances flow from the fact that the property fronts upon an expansive water-body. The thrust of setback requirements is that they serve to protect the public health and safety by providing adequate spacing between buildings or protect and enhance particular views. In this case, none of these relationships appear to be abridged should the variance be granted. Will a literal interpretation of the provisions of this Land Development Code deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Ordinance and work unnecessary and undue hardship on the applicant? Other property owners enjoyed the application of setback requirements, which were less stringent than the current setbacks, which were based upon an application of 55% of the height of the buildings but not less than twenty (20) feet. In the case of the street side 3 setbacks under the previous setback rule no variance would be required and only a deviation of approximately five (5) feet would be required adjacent to the seawall. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure? The variances requested are the minimum variances requested to make possible the reasonable use of the land. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The granting of the variance will not confer on any special privilege on the Applicant that is denied by these zoning regulations to other lands, buildings or structures in the same zoning district. The east side of Vanderbilt Beach is practically built out, and most of the structures on the east side have been developed xvith rear yard setbacks that are consistent with that being requested by the Applicant. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The granting of the variance will be in harmony with the intent and purpose of this zoning code in that it will be consistent with previous construction allowed and precedent established in the area. It will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In fact, it will be in keeping with what has been allowed in the area, and provide the neighborhood with an upgraded project, reduce the number and coordinated vehicular and pedestrian access points, and increase public safety on the roads and safety for those visiting the site. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc.? The natural or physically induced conditions that ameliorate the goals and objectives of the regulation are that there are no abutting property owners to the rear yard (east) because the property abuts Vanderbilt Lagoon. The property immediately adjacent to the south has been constructed with rear yard setbacks that are consistent with those requested by the Applicant, and the request of the Applicant will allow enhanced architectural features, and structures that are in harmony with the neighborhood. In addition, the requested variance will allow Applicant to maintain a thirty (30') side yard setback on the south side, as opposed to the 24.5 feet required by the Land Development Code. Will granting the variance be consistent with the Growth Management Plan? The variances will be consistent with the Growth Management Plan in that the Future Land Use Element encourages coordinated mixed use sites of water dependent and water related uses, and inclusion of other recreational uses which may benefit from proximity to or integration with water dependent or water related uses. -In this instance, the addition of a private beach club and recreational facilities appurtenant thereto to the existing La Playa Beach Resort will further this goal of coordinated mixed uses and the inclusion of recreational uses integrated with existing water dependent uses. Further, the project is consistent with and furthers Policy 3.1.F of the Future Land Use Element by improving the safety .and convenience of on-site traffic flow and vehicular parking needs, improving the design standards for access from the abutting roadway, and improving landscaping and buffering criteria. GENERAL COMMENTS: Even though the legal test for a variance in part is the existence of a land-related hardship, nevertheless, provisions of the Land Development Code acknowledge the ability to stray from that doctrine in its purest sense. These provisions deal with identifying practical difficulties, which in the opinion of staff may be extended to a consideration of dealing with setbacks, which are a subjective .~....criteria. The fact remains that setback standards are meant to achieve minimum separation between aildings, to enhance fire protection and circulation of light and air. Lots that lie contiguous to lakes and golf courses do not have a problem with separation for that portion of the lot fronting the open space area. Therefore, staff is not inclined to recommend a denial based on the lack of land related relationship. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition V-2000-09 for property described in the Resolution of Adoption for the purpose of varying the required waterfront setback from thirty (30) feet to fifteen (15) feet, from the street side side-back of thirty (30) feet to twenty-six and one-half (26 1/2) feet and fourteen (14) feet from the separation between building requirements of forty-nine (49) feet to thirty-five (35) feet. 5 P~D SV~ R~)NALD F. Nil~o, AICP CURRENT PLANNING MA2~AGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPR~: ~~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number V-2000-09, La Playa, LLC Staff Report for the April 6, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/admin/V-2000-09 STAFF REPORT/RN/im :5 ./22. O0 DATE DATE DATE 6 § 2.6.4.4 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.4.4. 2.6.4.4.1. 2.6.4.4.2. 2.6.4.4.3. Waterfront yards. Purpose and intent. It is the intent and purpose of this section to permit the · placement of principal structures, except single-family, two-family and duplex dwelling units, at the bulkhead line or shoreline where such placement at the water's edge can enhance the character of waterfront development without detriment to adjoining or nearby properties or without damage to a particular environmental situation. The provisions of this section have their greatest potential application in planning for the use of tidewater inlands or areas 'of the county of such size and location that the use of this provision will meet its intent and purpose. If the provisions of this section are met, such provisions govern regardless of any requirement for waterfxont yards in the zoning district involved. In those cases where the coastal control line is involved, the coastal construction contxol Line shall apply. Classification of waterfront landz and building, location. Principal structures shall not be erected waterward under this section beyond the following limits for the situations outlined: 1. For waterfront lands along which a bu!khead line has been established, buildings may be erected out W, but not beyond, the bulkhead line. 2. For waterfront lands along which an offshore building limit has been established by the board of county commi~4~ioners, building~ m~y be erected out to, but not beyond, the building limit line. 3. For waterfront lands along which neither a bulirhead nor a building limit line has been established, bufidlngs may be erected out to, but not beyond, the shoreline, as that shoreline exists prior to development and construction. Uses. Since this section applies only to the placement of structures in waterfront yards, there shall be no use permitted under thi~ section which is not permitted or permissible in the district involved. A ,~acture approved under thi.~ section, however, may be attached to or made an integral part of a boathouse or dock, ff such boathouse or dock is permitted or pe~i~sible in the district involved. 2.6.4.4.4. Site development plan required. An applicant under this section shall submit a site development plan as required in division 3.3. In addition to the contents of such a plan as required by division 3.3, the applicant shall submit such materials as will demonstrate that the placement of the propoeed buil~tln_~s in waterfront yards from which they would otherwise be excluded: (1) will not adversely affect adjoining or nearby properties; and, (2) will cause no adverse environmental effects as a result of building placement as requested. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 95-31, § 3, 4-18-95; Oral. No. 9863, §_3.D, 6-24-98; Ord. No. 99-46, § 3.D, 6-16-99) Supp. No. 9 LDC2:180 ~nt By: YVVA; 941 597 1060; Apr-12-00 16:50; Page ~'8 -' Cb. CO.3EV.SVC. At: 6436968 YOUNG, VAN ~SSENDERP, V&RNA~OE ~./~.~TDE~$O~, ~ A. ATTORNEYS AT LAw Naple~ VIA FACSIMII, E- 8 PdGES MEMORANDUM TO: Ron Nifo FROM: George L. Varrmdoe DATE: April 12, 2000 RE: LaPlaya Der~ity The acreage at LaPlaya is 5.95 acres, and the total number of existing rooms is 154. Since the RT zoning predates the Land Development Code, the property is entitled to 26 units an acre or 154 unim. However, tha~ is not how the den.sity was originally dctea'mined. Part of the property was developed in a time when the allowed density was 30 units per acre, and l~ter a vmiance was grimted regm'ding the allowed number of units. Please find a~ac~ Resolution 80-193 allowing a variance for density and minimum distance between stx'uctures. .vhich indicates thax 137 unit~ could be built, without utilizing ~he density from the lots on tl~ c~t side of the street. 3LV/lkm xttachment as sta/x:d :c: Katie Sproul (w/enclosure) ,,u,~ra~,J. ANA~.Wp.~kLaplllyl~,[~o ~ 04,1200.W~J - ~: YVVA; 941 597 1060; Apr'-12-00 16:50; Page 2/8 195 Relating to Petition Nm~ber V-80-10-C For A Vsriance of Property Hereinafter Described in Collier Co~ty, Florida. 163, Florida Stat~e~, ham conferred o~ ~11 covnti~ i~ Flo~ld~ the ~, the county pursuamt thereto ~l 'e~pted a C~reh~ve geographic divisions of ~e Co~ty, amen% which in the granting of vartsnces, and ~, :~e Boerd of Cous~ C~ss~oners, being ~e duly ~e ad~ab[lftF of a Variance ~:~ m~um d~m~ance between described, end ~l ~nd I$ · ~tter of fict ~t. IlttIfaCtoU p~o~i~ion and ar~lnI~t hal ~en mad~ concerninS ~11 ~ppli~Ible mat~ere ~equired by leid ~la~lonm mnd in ~ccordance vith ~ec~t~ 41 of Article 3.9 conIidertd all natteri presented, hetei~ f~t deecrib~ cond f irons ~ Norm - ' ~ By: YWA; 941 597 1060; Apr-12-00 16:50; Numbe= V-80-10-C be =~co=ded in the m£nu~es of tb~s C~mm~lllonec mo;e~ £~a =dopt~on, aeconded by 'Comm:Lsa~one~ ~rgw~ and upon r~11 call =he vote was: Page 3/8 ..... "~r~':" r'~ AYES: Commissioners Archer, Brown &fid ~enzel NAYS: Commissioner Pistor A~E/TE AN~ N~ ~NG: Co~ss~oner l~imer ~I~: None ]:)one this . 23r~_ day o~: .~ S_¢o=ember _ , 19 ~LD._. ADr-12-00 16:51; 941 597 AND FROM MAXIMUM DENSITT PERMITTED: OBJECTIVE: The?.pet~tioner is asking the Board of 'Z0'nlng Appeals!.to approve variances to perndt the construct/on of a new building next to the e~ist~ng-i La. iPlaya Hotel. CONSiDERATI.O~.S~ The following facts are presented (1) The LaPl&y.a Ho~el curren~l.y exists in Van~erbil~Beach Subd~vi$~on maintain~ng 100 .guest~)'rooms on six beachfront lots ~_~ parking 'an~ tennis faoili~/ee on 5 bay ~r~_ nt~.lot~ across the s~reet from the hotel. ~ (2~ The lan~ £~. currently zoned "RT' Residential Tourist-an~the hotel was originally built on four beachfront lots whe~:.th~ ~oning was "C-2" commercial (this ~s the equivalent of 'G~C" in the current regulations). (3) The four beachfront lots measuring a total Of 400 upon curr~nt for ho~el-motel units (30 u~its per' acre). Page 4/8 (4) The two 1ot~ ~mmediately ~o the south of the. bu/ld/ng are vacant a~6 measure 100 ' x 285~ each,totalling 57,0~0 ~l~%are feet in area,i£ developed independently of the ex~st/~g hotel,w~nl~ permit 39..3 hotel units. ¢6) When c~lcula~tng all six lota together, 600" x 285' the '~" r~gula.tlons woul6 ~emtt 117.8-.ho~el-mo~el ~n~-ts. ~e. pe~ti~r ~ asking fo~ a ~1 of 137 ho~l pl~ 37 in ~e new buil~. The pe~o~r ~m '~ hyfron~' lo~ ~oea11~ng a~~eely 90,000 sq~t. 62 ho~l' ~. ~s..1~ ~ is not cal~la~on for ~e ~aohf~nt lots. The pe~tioner 9roused to develop the 5 bayfront lots for su~o~ facilities, ie, t~is co~ts, parking, etc. ' ay: vVVA; (7) The existing 100'.units,3 story building,is located within a few feet.~'of the original ~ide lot lines. This setback was i~ermitted under the "C-2" restrictions . V.-W.' -. (8) -The proposed building tQ house the 37 additional units is to be 14' stories (+132' NGVD) thus requiring a minimum side yard of 58.5' on the- south ~±de and approximately 80' between the existing 3 story ;building and ~he proposed building,when the buildings are constructed on'the- sam~ parcel. (9) The .applicant is requesting a warlance from the 80' distance between structures,by providi.ng 10' while mainta.ining a 60' distance from the South lot line..?;-':'. (10) The petit/crier has. received CCCL variances from the State a~d the County to construct the building seaward of .the Coastal Control Line. Apr-~2-00 !6:51; Pa~e 5'8 The Board of Zoning Appeals shall consider an~ be guided by the following. standards in making a determination on any petition an~ staff recommends the incorporated findings: (a) Special'conditions and circumstances exist which are peculiar ~o the location,~ize,characteristics of the land,~tructures,or buildings,involved and which are not applicable to the same degree or extent 'to other lands,structures,or buildings in the same zoning district; No. Although the existing. hotel is non-conforming on the 4 lots,the 2 vacant lots can be developed independtly provided all setbacks and other requirements. are met. This will require a redesigning of the building that is currently (b) The special conditions and cir¢,~,m-~%ances donor result from the action of. the applicant; Not applicable. (c) Literal interpre~ation of the 'provisions of this zoning ordinance would deprive the applicant of rights ~m~only enjoyed by other properties in the's~m~ zoning district under the terms of this zoning ordinance and w~uld work unncessary and undue hardship on the applicane; It would not. The 2 vacant lots can be developed independently of the existing project. '2. -2- ,-. _~y: '¢VVA; Page 6/8 'd) The 941 597 1060; Aur-12-00 16:52' va=iance~2f. granted,is the ~mim~ variance that will ~e-~ssible ~e reaso~able u~e of the land, The appli¢~('.;."ean 'Sevel0p without ~e v~iances and ~erefo~e.'a'.rea~n~le. use is o~emise (e) Granting ~e?.v~ianee:re~ested will not confer on ~e petitioner am~ special privileges ~at is denied by these ~n~ regulations to o~er lands, building~, or It would. .'' ' (f) The qrant o~'.'~e:.variam~ will be in ha~ony wi~ ~e genera!.,;:imt~t' and p~se of ~is zoning ordinance,will. ~ ~ injurious ~o ~e neighthud or o~e~ise de~~~l' ~ ~e public welles. Increasing ~e density on ~e beach front lots will not be in ha~ny with ~e intent ~d p~ose of identifies ~e mxim~ n~r of units per acre. Granting a setback variance between the proposed and' existing building would be injurious to the neighborhood and would mot be in harmony with the intent and purpose of the zoning ordinance. One of the purposes' of this ordinance is to provide yards that allow for the passing of light and circulation of. air, If the proposed building is constructed independently,on a seperate parcel, a 60' side setback would be required on both the South and North sides. If the building was constructed pursuant to the req~ir._ments of the Zoning Ordinance,it would lessen the cement wall i~p&ct' of "RT~ development. RECOMMENDATION: St~ff reco~nds denial of. this request. Date: 0_/ ///~ Prepared By: /~ Approved By: -?t ~¥: vVVA 941 597 ~060; Apr"o12-00 ~:52; VARIANCE PET I T .,~_~~ :a~e 7 8 PETITION NO. V-80.10-O PETITIONER'S NAME PHILIP M. FRANCOEUR DATE PETITIONERS ADDRESS % Carl A. Clemmer~ 119~07 Gulf Shore ,Blvd.~N, ap]es_t ,F.lorida'. TELEPHONE: 26 41 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lots 25 thru 30 inclusive~ Block A. Conners Vanderbilt Beth Estates, Unit 1 ~er ~lat recorded in Plat Book 3~. page 8&g~ Public Records oll'er CoUnty, Florida. '' CURRENT ZONING: RT MINIMUll YARD REQUIREMENTS: FRO~T: 30'+ lft for each 2' _o_f Bldg.. Hgt. over 45'-'" SIDE:15' + 1 ft for each 2' of Bldg. ,.Hgt,., over REAR: 25' + i ft. for each 2' of Bldg Hgt. over· 45 CORNER LOT: NO WATERFRONT N/__~A NATURE OF PETITION: REQUEST for side ~grd set-back variance · and improvement to existingI non conforming use to allow construction of 37 unit addition on lot 25 and"26 under common owner~ip on abutting pro~ert~ PROVIDE AS MUCH INFORMATION AS YOU WISH REGARDING ITEMS (4), (a) THRU 9d) ON REVERSE SIDE: In tg67~ LaPlay& Hotel was built legally and in .s~rict conf~r}nt'ty with existin~ Zonin9 Regulations. This_ property was re-zoned' b~ action of the Co)lief Coun_ty_ Commission-on $/5y75 'from-~-C...t.o RT by' ' Petition R-75-7-C'. Pe(tioner purchased subject lots 25 and 26 in 19'707with a view of'e'xpansion o~' the existing Hotel. Pet~(oner was aavi~ed :by tile Cou6t'y on April 1'5~ 1976j ~hat he could add' 86.6 umits~to the ex'isting ~ote]. (_See"_attached 'letter fr'om Carl A. Clemmerj.. 2.o.6i~g Director Exhibit A)~ On April 12,'"'1~)79 Petitioner rece(ved Coastal Construction set-back line variance from the Board of County Coiam'tss'ton- ers..(se"e letter. s attache'd'lExhibit B). Petitioner was adwis'e'd' Orally-in early 1. g80-6y" i~'l~e Zoning Oe'par~ment that 3g units could be built on Lots ~rchitectural plans showi.ng 37 ~ddtttonal u~tsl and was 'advised in writi,ng that 3'7 units coti]~l be constructed only under certa_io_ c.ondi.'tions. (5e~Ex'h'ibtt C). ~Petitioner desires to construct the new 37 Unl.ts..._a'.s icIose as._possib~e to the existing bore_l: with a covered wal'kway in between in order to p_re.vent a hardship to hi's _quests ~n ~nclement weather. Fi'ling Fee/($100) Paid c~/ ~e~t_ By: VVVA; 941 597 '1060; Amr'-~2-00 '6:52; COLLIER COUNTY COURTHOUSE NAPLES. FLORIDA 4/15/76 matte 8 La Plays Motor Inn 9891 Gulf Shore Drive Naples, Florida 33940 Dear Gentlemen: Re: Density Requirements for RT Zoning The zoning ordinance for Collier County with reference to density requirements for RT zoned land permits a maximum of 30 dwelling units per gross acre for transien= hotels and motels. In determining the gross acreage, the zoning ordinance includes all land under co~mmon ownership which is contiguous. Contiguous meani all land parcels immediately abutting each'other including those intersected by a public right-of-way such as a street. In other words, all of La Playa's six beach front and five bayside lots should be oonsidered together in determining density. Basid on survey depth of 285' + on the bay side {east side) of Gulf Shore Drive and. a de~th of 200' + and frontage of 500' + on the bay side (east side) of GuIf Shore Drive, La P~aya has approximately 271,000 Iquare feeZ, or 6.22 a~ei. At 30 ~nitl density p~r grosi acre, La Playa's maximum permitted density would be 6.22 acres times 30 unitI iquals 186.6 u~its. With 100 units already existing on LaPlaya'i property, La Plays would be pe=miuted to construct another 86.6 unit~. The purpose of this letter defining the terms set out under the maximum density requirement of the RT zoning district is to provide ~he owners of La Plays Motor Inn with the exact and proper interpretation of the regulations so =hat thiy may proceed with ~y future development plans for the remaining unulld land owned by them. Very truly yours, (. ('L. . Car1 A. Clemmer zoning Director CAC/ckm File EXHIBIT A, PaGe 1 of 1 Dace VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) RECEIVED Petition No. Date Petition Received: PLANNING SERVICES Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: La Playa, LLC Petitioner's Address: 570 Kirkland Way, Kirkland, WA 98033 Telephone: 425/827-8737 Agent's Name: George L. Vamadoe, Esq. of Young, van Assenderp, Vamadoe & Anderson Agent's Address: 801 Laurel Oak Drive, Suite 300, Naples, FL 34108 Telephone: 941/597-2814 Facsimile: 941/597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page I Complete the follo~ving for all Association(s) affiliated with this petition. sheets if necessary.) Name of Homeowner Association: N/A (Provide additional Mailing Address City State Zip. Name of Homeowner Association: N/A Mailing Address City State __ Zip Name of Homeowner Association: N/A Mailing Address City State __ Zip Name of Master Association: N/A Mailing Address City State __ Zip Name of Civic Association: N/A Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: CONNEWS VANDERBILT BEACH ESTATES Unit No. 1 Lot(s) 24 through 28 Block(s) B Section 29 Twp. 48 South Range 25 East Metes & Bounds Description: See Exhibit "A" Address of Subject Property: 9891 Gulfshore Drive, Naples, FL 34108 (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: RT, La Playa Beach Resort (hotel) Application for Variance Petition - 8/98 Page 2 Adjacent Zoning & Land Use: ZONING N RSF-3 S RT E N/A W N/A LAND USE Single Familv Homes Multi-Story Condominiums Vanderbilt Lagoon Gulf of Mexico Minimum Yard Requirements for Subject Property: Front: 30' Comer Lot: Yes No X Side: 15' Waterfront Lot: Yes X No Rear: 30' Application for Variance Petition - 8/98 Page 3 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The variance requests are for the east side of the property that constitutes the La P!aya Beach Resort. The property in question is zoned RT, and is currently used for an on-grade parking facility and conference center as part of the La Playa Beach Resort. The requests are part of an overall proposal that will include upgrading the existing La Playa Beach Resort facilities to a "four star boutique hotel", and the addition of a private club. The physical plan is to remove a portion of the low-rise hotel and all of the parking on the west side. This space will be utilized for pool, pool decks, extensive landscaped areas, and other beach resort amenities for hotel guests and club members. The project will improve pedestrian and vehicular safety by reducing the number ofingress-egress points and aligning east and west accesses. The hotel rooms that will be lost on the west side as a result of the change will be replaced in a building on the east side of Gulf Shore Boulevard that will attach to and become a part of the existing conference center (North Building). Parking for all of the land uses on the site will be accommodated with a parking structure on the east side (South Building), and all parking for the hotel and private club will be valet parking. The property was acquired by the Applicant on January 14, 2000. The property has been developed in stages dating back to the 1960's, and as a result, does not meet current requirements in terms of access points and setbacks. The setbacks for the existing structure on the east side are not consistent with the current front yard and rear yard setback requirements. The front yard setback on the west side is also not consistent with current requirements of the Land Development Code. To further put the request in context, it should be noted that the platted lot line for the parcel on the east side of Gulf Shore Boulevard extends out into Vanderbilt Lagoon and buildings in the same zoning district to the north are located approximately fifteen feet (15') from the seawall. The rear yard setback requirement in the RT District is thirty feet (30'), normally measured from the platted lot line. However, Division 6.3 of the Land Development Code requires that yards for waterfront property be measured from the property line, . . . seawall, . . . whichever is the most restrictive. The request for the rear yard on the east side is to reduce the setback on the South Building from thirty feet (30') to fifteen feet (15') from the seawail, although the setback will meet the thirty feet (30') requirement from the platted lot line. Placing the structure a minimum of fifteen feet (15') from the rear property line will generally align the structure with the setback lines established by precedent to the south. In addition, the principal structure will be approximately eighteen to twenty feet (18' - 20') from the seawall, and only architectural embellishments will be fifteen feet (15') from the seawall. !~ ~ ....... i' Application for Variance Petition - 8/98 Page The North Building, which will attach to the existing conference center, will be located thirty feet (30') from the seawall, although there will be a covered walkway ten feet (10') wide adjacent to the building. The request is to reduce the front yard setback from thirty feet (30') to twenty-six and one- half feet (261/,') for the South building in order to reduce the height of the building and accommodate architectural embellishments necessitated by the architectural standards of the Land Development Code. A ten feet (10') covered walkway will provide pedestrian access from the crosswalk and South Building to the North Building. In addition, there is a request to reduce the separation between the principal building (North Building) and accessory parking structure (South Building) from forty-nine feet (49') to thirty-five feet (35'), (26' where the emergency exit is located). 'The overall justification for reducing the setbacks, with the exception of the rear yard setback, is that by having two (2) structures on the east side, the mass of the structures is reduced, and the overall project is more compatible with the development in the neighborhood. The two (2) structures also allow some variation in height and integration of the existing conference structure into the overall architectural design of the project. In addition, the requested front yard setback variance will allow the South Building to be one floor lower than if setbacks were rigidly adhered to. The rear yard setback, because of the depth of the lots and the unusual requirement of measuring the setback from the seawall, rather than the property boundary, requires a variance in order to make any reasonable use of the property. It should be noted that the rear yard setback variance requested would not allow the buildings to extend closer to the seawall than buildings in the same zoning district located to the south of the structure, and will not set a precedent for providing any special privilege that has not been granted to others in the same zoning district. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The special conditions and circumstances which are peculiar to this site are that the site is a fairly shallow site in the Residential Tourist zoning district. The requirement ofthe Land Development Code that setbacks be measured from the seawall, as opposed to the property line which extends out into the water, further constrains this site. In addition, the existing structures on this site and on the adjacent site to the south and site further south, have established the precedent of an approximate fifteen feet (15') setback from the seawall. The reduction in separation between the buildings on the east side is necessitated by the Applicant's desire to reduce the mass and height that a single large building, (which would be allowed under the existing code), would have. By having two buildings of Application for Variance Petition - 8/98 Page differing heights, the Applicant is able to provide a more architecturally pleasing project and one that is more in keeping with the neighborhood. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. See answer to 1. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. It is the Applicant's position that a literal interpretation of the provision of this zoning code would work an unnecessary and undue hardship on the Applicant that has not been imposed on others in this zoning district in the neighborhood. It is apparent from a review of an aerial photograph of the neighborhood that practically all of the structures in the RT District on the east side of Gulf Shore Boulevard have been built closer to the seawall than thirty feet (30'). In fact, the immediately abutting structure is constructed approximately fifteen feet (15') from the seawall along most of its length, although in some areas it appears to be closer than fifteen feet (15'). Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. It is the Applicant's position that the variance requested is the minimum variance that will make possible the reasonable use of the !and, while .providing structures that are consistent with the neighborhood, architecturally pleasing, and increasing safety standards in terms of vehicular and pedestrian ingress and egress, to and across Gulf Shore Boulevard. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. The granting of the variance will not confer on any special privilege on the Applicant that is denied by these zoning regulations to other lands, buildings or structures in the same zoning district. The east side of Vanderbilt Beach is practically built out, and most of the structures on the east side have been developed with rear yard setbacks that are consistent with that being requested by the Applicant. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The granting of the variance will be in harmony xvith the intent and purpose of this zoning code in that it will be consistent with previous construction allowed and Application for Variance Petition - 8/98 Page 6 precedent established in the area. It will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In fact, it will be in keeping with what has been allowed in the area, and provide the neighborhood with an upgraded project, reduce the number and coordinate vehicular and pedestrian access points, and increase public safety on the roads and safety for those visiting the site. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The natural or physically induced conditions that ameliorate the goals and objectives of the regulation are that there are no abutting property owners to the rear yard (east) because the property abuts Vanderbilt Lagoon. The property immediately adjacent to the south has been constructed with rear yard setbacks that are consistent with those requested by the Applicant, and the request of the Applicant will allow enhanced architectural features, and structures that are in harmony with the neighborhood. In addition, the requested variance will allow Applicant to maintain a thirty foot (30') side yard setback on the south side, as opposed to the 24.5 feet required by the Land Development Code. Will granting the variance be consistent with the growth management plan. The variances will be consistent with the Growth Management Plan in that the Future Land Use Element encourages coordinated mixed use sites of water dependent and water related uses, and inclusion of other recreational uses which may benefit from proximity to or integration with water dependent or water related uses. In this instance, the addition of a private beach club and recreational facilities appurtcnant thereto to the existing La Playa Beach Resort will further this goal of coordinated mixed uses and the inclusion of recreational uses integrated with existing water dependent uses. Further, the project is consistent with and furthers Policy 3.1.F of the Future Land Use Element by improving the safety and convenience of on-site traffic flow and vehicular parking needs, improving the design standards for access from the abutting roadway, and improving landscaping and buffering criteria. F:\users\LANAXWp8XLaPlaya\VARIANCE PETITION APPLICATION FORM.wpd Application for Variance Petition - 8/98 Page 7 '~24/00 THU 13:27 FAX 94! 262 1540 BARRON COLLIER ~. CONSENT AND APPOINTM'ENT OF AGENT This Consent and Appointment of Agent is made this ~ day of Febr~ . _,ruership, a Florida general partnership, and 'Westgroup La Playa, LLC, a limited li; "Halstatt/Westgroup") the owner ~ developer ofLa Playa Beach Resort located at 92 Collier County, Florida 3,~108, (hereinafter "La Playa"). W T ' SSV.V £ 0 0 0 9 WHEREAS, Halstatt/West~oup has a mailing address of 570 Kirkland Way, Kirkland, WA 98033; and · WHEREAS, Halstatt/Westgroup owns and is substantially upgrading the existing La Playa Beach Resort located on a total of 5.94± acres of land, in Collier County, a legal description of which is attached hereto as Exhibit A ,and WHE~, Halstatt/Westgroup intends to carry om development on La Playa which will roquire changes, amendments or additions to La Playa,, and in addition, may require approvals or actions by agencies oftbe State of Florida and agencies of Collier County; and WHEREAS, Halstatt/Westgroup has decided to appoint an agent to represent it in preparing applications for and obtaining any and all governmental approvals necessary to develop La Playa in the manner intended by HalstaWWestgroup, and author'use said agent to act on its behalf with full authority to obta/n such approvals issued ~t:~those jurisdictions for the property dcscribed in Exhibit "A". NOW THEREFORE, HaLstatt/Westgroup in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals for development to be carried out on the property described in Exhibit "A", consents to the following: APPOINTMENT OF AGENTS George L. Vamadoe and the law firm of Young, van Assendcrp, Vamadoe & Anderson, P.A., whose address is 801 Laurel OakSDrive, Suite 300, Naplcs, Florida 3,~108, are hereby designated and appointed the agent/representative of Halstatt/Westgroup with full authority to act on its behalf, to perform all legal services related to the preparation, submission and review of any applications needed to obta'm approval of Halstatt/Westgroup's plan of development for La Playa on the property desertbed in Exhibit "A". 2. George L. Vm'nadoe and the law firm of Young, van Assenderp, Vamadoe & Anderson, P.A., ~re authorized to represent and act as agents for Halstatt/Wcstgroup, with its full authority, before any and all governmental entities, and agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development within La Playa including, but not llm~ted to, on the property described in l~xhibit "A". These agencies or entities may include but shall not be limited to the following: 1. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. . As evidence of its consent to and appointment of the agent named above the authorized representative of-~ company has signed below. . DATE: ~ a -~ -~ Halstan Parmership, a Florida C-cneral Parmership/" ~} '~ "'~' ~' 02/24/00 THU 13:2& FAT 941 262 1340 BARRON COLLIER 4** NOBLE HOUSE ~004 AFFIDAVIT LaPlaya, LLC beingfirst duly sworn, depose and say that weff arn/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. FFe/J'understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize George L. Varnadoe of Youn__~_ , van Assenderp, Varnadoe & Anderson, ?A .... to act as our/my representative in any matters regarding this Fetition. ~,~nature of Property bwner Typed or~rin~ed Name of Owne Typed or Printed Name of Owner Pq 0 who per 'onal yme ide,~ ,2olxL *y F:\us~sXI.ANA\Wp$~aPlaya'~"FIDA ¥1T FOR. VA~NCF-~d The foregoing ins~ment w~ ac~owledged before me th~ ~ ~ day of ~i~a~ 20~, by ~o~c~ ~ ~ ?RoO ~ ~ho ~ personally ~wn to me ~ o identification. , (Si~mmre of N~a~ Public- State of ~lg4,d~ Coun~ of ~ ~/4o.y ~ A, 3~A~ ' P:ku~er~kkANA\WpS*kLaPlaya~d:FIDAVIT FOR VARIANCE. wgd li, V 2 0 o o (Print, Type. or Stamp Commissioned Arame of Notary _Public) f i I CAiIOLYN A SHAW / COM~SStON NO. ~ . " March 27, 2000 Collier County Government Community Developmere and Environmental Services Division Planning Services Departmere 2800 North Horseshoe Drive Naples, Florida 34104 To Whom It May Concern. The purpose of this letter is to register our objections to the request for variance by the La Playa, LLC as outlined in your letter of March 17, 2000. We are owners of condos in the Le Dauphin condominium buildings and feel strongly that the law concerning setbacks was enacted for the protection of adjacent property owners. We not only have an objection because of the obstruction of our view but the impact a variance would have on our property values. The rear yard setback and the distance between the buildings was established for the protection of our privacy, property value and site lines. We all relied on this when we bought our condos. There can be no claim of hardship on the part of the new owners of the La Playa because the property was recently acquired and their awareness of the law is certain. Allowing a variance would be taking property rights that belong to us and giving them to someone else. We therefore respectfully request that the variances be denied. Le Dauphin owners, March 27, 2000 Collier County Government Community Development and Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 To Whom It May Concern. The purpose of this letter is to register our objections to the request for variance by the La Playa, LLC as outlined in your letter of March 17, 2000. We are owners of condos in the Le Dauphin condominium buildings and feel strongly that the law concerning setbacks was enacted for the protection of adjacent property owners. We not only have an objection because of the obstruction of our view but the impact a variance would have on our property values. The rear yard setback and the distance between the buildings was established for the protection of our privacy, property value and site lines. We all relied on this when we bought our condos. There can be no claim of hardship on the part of the new owners of the La Playa because the property was recently acquired and their awareness of the law is certain. Allowing a variance would be taking property rights that belong to us and giving them to someone else. We therefore respectfully request that the variances be denied. Le Dauphin owners, ,.-~ .,,c,~r_~2._.~c_~ .~--~ March 27. 2000 Collier County Government Community Development and Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 To Whom It May Concern. The purpose of this letter is to register our objections to the request for variance by the La Playa, LLC as outlined in your letter of March 17, 2000. We are owners of condos in the Le Dauphin condominium buildings and feel strongly that the law concerning setbacks was enacted for the protection of adjacent property owners. We not only have an objection because of the obstruction of our view but the impact a variance would have on our property values. The rear yard setback and the distance between the buildings was established for the protection of our privacy, property value and site lines. We all relied on this when we bought our condos. There can be no claim of hardship on the part of the new owners of the La Playa because the property was recently acquired and their awareness of the law is certain. Allowing a variance would be taking property rights that belong to us and giving them to someone else. We therefore respectfully request that the variances be denied. Le Dauphin owners, March 27, 2000 Collier County Government Community Development and Environmental Services Division Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 To Whom It May Concern, The purpose of this letter is to register our objections to the request for variance by the La Playa, LLC as outlined in your letter of March 17, 2000. We are owners of condos in the Le Dauphin condominium buildings and feel strongly that the law concerning setbacks was enacted for the protection of adjacent property owners. We not only have an objection because of the obstruction of our view but the impact a variance would have on our property values. The rear yard setback and the distance between the buildings was established for the protection of our privacy, property value and site lines. We all relied on this when we bought our condos. There can be no claim of hardship on the part of the new owners of the La Playa because the property was recently acquired and their awareness of the law is certain. Allowing a variance would be taking property rights that belong to us and giving them to someone else. We therefore respectfully request that the variances be denied. Le Dauphin owners, 14:3v 14409~47B4 G~3L. ES WILLOUGHBY PA~'3E 82 ~a~J~ 2'7, ~000 To Whom it May Concgrn, 'Pae pta'go~ oftl~ Igtt~ is to regtater our objectiota to rig regueat ti~:varitaw,¢ ~ the ~ Phya, LLC ~ o~ ~ ~ ~ ofM~ l 7, 2~, ~ hw co~ ~ ~ e~ot~ for ~ probe.of ~ ~'~~ o~. We ~t There can be no el~im of. hardsl~ on the la~ of the new owners oftl ~csuse the Imaperty was ~' acquired and their a~ ~ariaaee woukt be takin~ prop~y rieht~ thtt belong ~o ~s a~t ~i~i~ ~, 'lL;a P¼ya ~w is certain. Allowing la~ ~o ~omeone,etse. Le Dauphin ownms, ¥~derB~t B each & Bay Committee '"' , .RCC- 0 15 Bluebill Ave., #403 o Naples, Florida 34108 RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-2000- 09, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED iN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary, t~r 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 v/hich 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 a 14 foot building separation variance from the required 49 feet to 35 feet as shown on the attached plot plan. Exhibit "A" in an "RT" Zone lbr the properly hereinafter described, and has found as a matter of fact that satisfactory. provision and arrangement have been made concalming 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-2000-09 filed by George L. Vamadoe, Esq., representing LaPlaya, LLC, with regpect to the property hereinafter described as: Lots 25 through 30, inclusive, Block A., Unit No. 1, and Lots 24 through 28. inclusive, Block B, Unit No. 1, Conner's Vanderbilt Beach Estates, according to the plat recorded in Plat Book 3, Pages 8 and 9, of the Public Records of Collier County, Florida, less the right of way for Gulf Shore Boulevard. be and the same hereby is approved for a 15 foot variance from the required rear yard setback of 30 feet to 15 feet, a 3 ½ foot variance from the required front yard of 30 feet to 26 V2 feet and a 14 foot building separation variance from the required 49 feet to 35 feet as shown on the attached plot plan, Exhibit "A", of the "RT" Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number V-2000-09 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 Approved as to Form and Legal Sufficiency: M. SCUDERI ASSISTANT COUNTY ATTORNEY b. admin.,V-2000-O9/RESOLUTION/RN/im TIMOTHY J. CONSTANTINE, CHAII:LMAN -2- EXHIBIT "A" EXECUTIVE SUMMARY APPROVE A RESOLUTION THAT AUTHORIZES THE COUNTY MANAGER TO APPLY FOR A $750,000 NEIGHBORHOOD REVlTALIZATION GRANT THAT IS OFFERED THROUGH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, OBJECTIVE: To have the Board of County Commissioners authorize the County Manager, or his designee, to sign the Neighborhood Revitalization Grant application and other documents pertaining to the application, to accept the grant funds on behalf of the County, and to act in behalf of the Board of Commissioners to sign all documents, including the quarterly reports, necessary for grant administration if the County receives the award of this Neighborhood Revitalization Grant. CONSIDERATION: Annually, the Florida Department of Community Affairs (DCA) solicits competitive applications for Federal funds for small cities and counties through the Community Development Block Grant Program. Habitat for Humanity contacted the HUI office concerning an unplatted subdivision in Each Naples known as Habitat Village. This PUD is being developed to service the housing needs of very low income families in East Naples. The proposed infrastructure to be constructed by this grant would include water and sewer facilities, street and drainage facilities, fill and street paving. Based on these needs, the Housing and Urban Improvement Department is preparing an application for a Neighborhood Revitalization project which will provide needed assistance to Habitat for Humanity in their goal of providing affordable housing to very low income families in East Naples. The applications that score the highest points according to Department of Community Affairs criteria will be awarded grants. According to DCA regulations (Rule 9B-43,005), local governments with a low and moderate income population over 10,550 may apply for up to $750,0000 in grant funding. FISCAL IMPACT: There is no fiscal impact to the County with this grant as a local match is not required as part of the grant contract. GROWTH MANAGEMENT IMPACT: The proposed grant funds to be used in East Naples support infrastructure and facilities for independent water and sewer districts to help to meet the unmet housing needs of rural residents and farmworkers in accordance with Objective 1.6 and Policy 1.6.2 of the Housing Element of the Growth Management Plan RECOMMENDATION: That the Board of County Commissioners authorize the County Manager to apply for the Florida Department of Community Affairs 2000 Neighborhood Revitalization Grant. · Susan E. Alden, Manager Housing and Urban Improvement REVIEWED BY: Oreg rvl/~, Director Dat :e:e:e~"/'/' H~usi.~ and Urban Imp~r. pvement APPROVED BY: Date: incent . Cautero , ministrator Community Development & Environmental Services ~_~J~oA ITEM 2 3 2000 Pa. / l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 28 RESOLUTION NO. 2000 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AUTHORIZE SUBMISSION OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT UNDER THE NEIGHBORHOOD REVITALIZATION CATEGORY TO ASSIST WITH SANITARY SEWER, WATER, DRAINAGE AND STREET IMPROVEMENTS IN EAST NAPLES WHEREAS, the Florida Department of Community Affairs awards grants through the Small Cities Community Development Block Grant Program of up to $750,000 to qualifying cities and counties for projects that benefit low--and moderate--income persons, aid in the prevention or elimination of slums or blight, or meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs; and WHEREAS, a city or county may submit an application for Community Development Block Grant funds under any one of three categories, 1) Housing, 2) Neighborhood Revitalization, and 3) Commercial Revitalization; and, WHEREAS, a city or county may also apply each quarter for a Community Development Block Grant for Economic Development based on the number of jobs created and the amount of private capital leveraged; and WHEREAS, applications for all categories will be graded and ranked for funding by the Florida Department of Community affairs; and WHEREAS, applications for these funds must be filed with or mailed to the Department of Community Affairs to reach their office on or before 5:00 p.m. May 31, 2000. WHEREAS, the regulations of the Florida Department of Community Affair MAY 2 3 2000 1 Fvderal Government require that two (2) Heatings, that are open to the public, be advertised and 2 held prior to submitting the application; and 3 WHEREAS, the County did advertise for the first hearing on April 3, 2000 and the 4 hearing was held in the Housing and Urban Improvement office on April 10, 2000 and the 5 second heating was advertised on May 2, 2000, and the hearing was held on May 11, 2000; and 6 WHEREAS, Habitat for Humanity is in the preliminary stages of constructing a housing 7 project on Route 41 in East Naples to assist very low income residents with affordable housing. 8 As part of this project, they have requested that the water and sewer infrastructure and streets and 9 storm drainage installations be provided using grant funding for a portion of the project. 10 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 11 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 12 The Collier County Board of County Commissioners hereby directs the Collier County 13 Department of Housing and Urban Improvement to prepare, or cause to be prepared, an 14 application to the Florida Department of Community Affairs for a grant of up to $750,000 in the 15 Neighborhood Revitalization category. The funds from this grant are to be used to provide 16 sanitary sewer lines, manholes, lift stations and pave the unpaved streets in an unplatted 17 subdivision in East Naples known as Habitat Village. 18 The Board of County Commissioners hereby authorizes the County Manager to sign the 19 application and other documents pertaining to the application, to accept the grant funds on behalf 20 of the County, and to act in behalf of the Board of County Commissioners to sign all documents, 21 including the quarterly reports necessary for grant administration if the County receives the 22 award of the grant. 23 BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk o -2- MAY 2 3 2000 tee Public Records of Collier County, Florida. 2 This Resolution adopted this __ 3 and majority vote favoring same. 4 5 ATTEST: 6 DWIGHT E. BROCK, CLERK 7 8 By: 9 10 11 12 13 14 15 16 17 18 Deputy Clerk Approved as to form and legal~ Assistant County Attorney H:RoberffResolutions/Habitat Village-East Naples day of By: ,2000 after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN AGENDA ITEI~ MAY 2 3 2000 -3- pj. EXECUTIVE SUMMARY ADOPT THE INTERLOCAL AGREEMENT TRANSFERRING JURISDICTION OF WATERWAYS WITHIN THE CITY OF MARCO ISLAND TO THE CITY OF MARCO ISLAND. OBJECTIVE: To have the County Commission adopt the interlocal agreement between the City of Marco Island and Collier County that transfers jurisdiction of waterways within the City of Marco Island to the City of Marco Island. CONSIDERATION: The area within Collier County identified as Marco Island incorporated on August 29, 2000. The City and the County have worked together to transfer responsibility for operation and maintenance of the waterways within city limits to the City of Marco Island. Excluding the major waterways surrounding Marco Island (Caxambas Bay, Caxambas Pass, Big Marco River, Capri Pass, and Horrs Island Channel) this agreement will transfer responsibility from the County to the City of Marco Island. FISCAL IMPACT: This agreement will decrease annual waterways maintenance costs. The County has budgeted approximately $15,000 annually. In the past, the County has performed some maintenance within the current city limits. GROWTH MANAGEMENT IMPACT: Not Applicable. RECOMMENDATION: That the BCC authorize the Chairman to sign the interlocal agreement with the City of Marco. SUBMITTED BY: REVIEWED BY: APPROVED BY: '~oO~Z,~S, ~c)t r'vC~ Date: Douglas G. Suitor, Senior Environmental Specialist Natural Resources Department Date: ~t~~~ a~a ~urces Department P vilacent A. C , , ' ' or, Community Development & Environmental Services MAY 2 3 2000 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO ISLAND AND COLUER COUNTY TRANSFERRING JURISDICTION OF WATERWAYS WITHIN THE CITY OF MARCO ISLAND. THIS INTERLOCAL AGREEMENT made this day of ,2000, by and between the City of Marco Island, a municipal corporation located within Collier County, Florida, hereinafter referred to as 'CITY," and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WITNESSETH WHEREAS, the area within Collier County identified as Marco Island became incorporated as a municipal corporation known as the City of Marco Island on August 29, 1997; and WHEREAS, the CITY and the COUNTY have worked cooperatively and agreed to do all things necessary to transfer to the CITY the jurisdiction of the navigable waterways and the responsibility for operation and maintenance of said waterways within the corporate CITY limits, including the maintenance and operation of all applicable channel markers and channel depths; and WHEREAS, this Agreement is entered into in compliance with Subsections 327.22(1 )(a) and 327.60(1), Florida Statutes. NOW, THEREFORE, the CITY and COUNTY agree as follows: 1. Except for Caxambas Bay, Caxambas Pass, Big Marco River, Capri Pass, and Horrs Island North Channel, as these five (5) waterways are identified in the U.S. Coast Guard Light List, Volume III, Atlantic and Gulf Coasts, 1999 (COMDTPUB P16502.3) and as depicted in the NOAA Nautical Chart 11430, 23r~ Edition, dated May 24, 1997, as either publications may be amended from time to time, jurisdiction of all othe waterways within the CITY'S boundaries, including responsibility for operation and maintenance of all of those other waterways located within the boundaries of the CITY are hereby transferred from the COUNTY to the CITY and are hereby accepted by the CITY. 2. The effective date of this Intedocal Agreement is when signed by the last signing party. 3. This Interlocal Agreement shall be recorded in the County Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective authorized signatories. DATE: DATE: ATTEST: DWIGHT E. BROCK, Clerk ATTEST: LAURA LITZAN, Deputy Clerk BY: BY: BOARD OF COUNTY COMMISSIONERS~ COLLIER COUNTY, FLORIDA CITY OF MARCO ISLAND CITY COUNCIL BY: BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal sufficiency: r,. ~ David C. Weigel, County Attorney HARRY COWIN, Chairman Approved as to form and legal sufficiency: Kenneth B. Cuyler, City Attorney 2 C~/~Agreements~Water~~ MAY 2 3 2001 c o aod/and 6906 %'i U.S Department of Transportation United States Coast Guard E. J. Beakhorn 435 Nassau Ct Maroo Island FL 341~ LIGHT LIST Volume III ATLANTIC and GULF COASTS Little River, South Carolina to Econfina River, Florida (includes Puerto Rico and the U.S. Virgin Islands) This publication contains a list of lights, sound signals, buoys, daybeacons, and other aids to navigation. IMPORTANT THIS PUBLICATION SHOULD BE CORRECTED EACH WEEK FROM THE LOCAL NOTICES TO MARINERS OR NOTICES TO MARINERS AS APPROPRIATE. 1999 COMDTPUB P16502.3 MAY 2 3 201 DEPARTMENT OF TRANSPORTATION, U.S. COAST GUARD LIGHT LIST Volume Iil ATLANTIC and GULF COASTS Little River, South Carolina to Econfina River, Florida (includes Puerto Rico and the U.S. Virgin Islands) 1999 Edition This publication contains a list of lights, sound signals, buoys, daybeacons, and other aids to navigation. Includes corrections through: Seventh Coast Guard District Local Notice to Mariners No. 10/99, March 09, 1999 and National Imagery and Mapping Agency Notice to Mariners No. 14/99, April 03, 1999 IMPORTANT THIS PUBLICATION SHOULD BE CORRECTED EACH WEEK FROM THE LOCAL NOTICES TO MARINERS OR NOTICES TO MARINERS AS APPROPRIATE. COMDTPUB P 16502.3 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON, DC: 1999 For sale by Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 GPO Stock Number: 050-012-00401-3 ISBN: 0-16-056910-9 AGENDA ~TEM 2OO{ (]) /2) (3) (4) No. Name and location Position Characteristic Height Range Structure Remarks STRAITS OF FLORIDA - ~eventh District N/w ~OM~,R~RO ~ TO MY TORTUGAS (Chart 11434) Fort J~fferso~ 1170 - lighte# guoy 0 2437.0 R Y 5s 82 48.0 1175 - Buoy P 1180 - Buoy Q 1185 PULASXI SHOAL UGHT 24 41.6 R W 6s On east side of shoal. B2 46,4 56 9 5 Yellow. Yellow can. Yellow can. On hexagonal pyramidal skeleton tower on piles. G4JLF O~ MEXICO (R~rld~) - S~v~ Dis~ct SOMBRERO KEY TO DRY TORTUGAS (Chart 11434) ]190 NEW GROUND ROCKS 24 40.0 R W 4s 19 UGHT 82 26.6 1195 ELUS ROCX LIGHT 24 38.9 R W 2.5s 16 82 11.O 12OO SMITH SHOAL UGHT 24 43.1 R W 6s 54 On northeast end ol shoal 81 55.3 EAST CAPE TO MORMON KEY (Chart 11431) 1205 EAST CAPE UGHT 2 25 05.0 R R 4s 16 15650 8] O5.0 1210 NORTHWEST CAPE UGHT 4 25 12.8 FIR 2.5s 16 81 l 1.7 1215 BROAD CREEX UGHT 5 25 26,3 R R 6s 18 B1 12.2 1220 LOSTMANS RIVER LIGHT 8 25 32.5 R R 2.5s 18 81 15.0 1225 PAVIUON KEY LIGHT 10 25 40.9 R R 45 18 81 21.4 CHATHAM RIVER TO CLAM PASS (Chart 11429) 1230 CAPE ROMANO SHOALS 25 41.3 FI W 4s 18 UGHT 81 38,8 1235 Capri Pass ApFemech 25 58.6 FI W lOs 90 Ught 81 44.1 1240 Gordon Pass Li&,t~/ 26 05.5 R G 2.5s 17450 ~ 81 ESTERO BAY TO LEMON BAY (Chart 11426) 1245 Sanlbel Idarid Ught 26 27.2 R (2) W 6s 98 82 00.9 1250 Captiva Island Obstruction 26 29,0 5 Daybeacon 82 ll.1 RedfiG Pau 1255 - LiDted Byoy I 26 33.4 R G 2.55 82 12.8 1260 1265 1290 - Buoy 4 - Buoy 5 Mac One F~sh Haven South 26 37.9 Buoy H 82 17.1 16 7 NB on pile. 3 NB on dolphin. 9 On hexagonal pyramidal skeleton tower on piles. 6 TR on dolphin. 4 TR on pile. 4 TR on pile. 4 TR on pile. 4 TE on pile. $ NR on dolphin. ]7 Building. ,a"J' cr:::. $ ~'. o. 13 Brown square pyramidal skeleton tower, enclosin~ stair cylinder. NW on pile worded DANGER SUBMERGED JETTY. Greefi, Green can. Yellow can. Light obscured from 318° to 035°. Private aid. Private aid. Private aid. Private aid. Private aid. NDA Imr MAY 2 3 200 (1) (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characteristic Height Ranse Structure Remarks R.ORIOA - .~venlh Dia~ct N/w CHATHAM RII~R TO O.AM PASS {Chart 11429] Indcm K~,y Pass 15965 - LIGHT IK 25 45.0 Mo (A) W 16 5 MR on pile, 81 29.9 15970 - UGHT 1 25 48.0 R G 4s ]6 4 SG on pile. On south end of bank. 81 28.1 15975 - Daybeacon 3 $G on pile. 15980 - LIGHT 4 R It 4s 16 3 TR on pile. 15985 - Daybeacon 6 TR on pile, 15990 - LIGHT 7 R G 4s 16 4 SG on pile, 15995 - Daybeacon 9 SG on pile. 16000 - Daybeacon 10 TR on pile. 16005 - Daybeacon 11 SG on pile. 16010 - Daybeacon 11A SG on pile. 160]5 - LIGHT 12 FIR 4s 16 3 TR on pile, 16020 - Daybeacon 13 SG on pile, 16025 - Daybeacon 14 TR on pile, 16030 - UGHT 15 FIG 4s 16 4 SG on pile. 16035 - Daybeacon 16 TR on pile. 16040 - Daybeacon 17 SG on pile. 16045 - Daybeacon ]8 TR on pile. 16050 - Daybeacon 20 .TR on pile. 16055 - LIGHT 22 R R 4s 16 3 TR on pile. 16060 - Daybeacon 23 SG on pile. Chokoloskee E4:ff Ckannel 16065 - Daybeacon 24 25 50,3 TR on pile. 81 24.5 16070 - Daybeacon 25 SG on pile. 16075 - Daybeacon 26 TR on pile. 16080 - Daybeacon 27 SG on pile, 16085 - UGHT 28 R R 4s 12 3 TR on pile. 16090 - Daybeacon 29 SG on pile. 16095 - Daybeacon 30 TR on pile. 16100 - Daybeacon 32 TR on pile. Nofio~ol PoH~ Sor~'o So~ B~sia Seth Chonn~l 16105 - Daybeacon I SG on pile. 16110 - Daybeacon 2 TR on pile. 16115 - Daybeacon 3 SG on pile. 16120 - Daybeacon 4 TR on pile. 16125 - Daybeacon 5 SG on pile. 131 Private aid. Private aid, Private aid. Private aid. Private aid. 2 3 2000 (I) (2) (3) I41 (5) (6) (7) (8) No. Name and location Position Characteristic Height Range Structure Remarks FLORIDA - S~venl~ District N/W O. iATHAM RIVER TO CLAM PA.~S (Chart 11429) indian Key Pass National Park S~rvtce Boat B~sln South Channel 16130 - Daybeacon 6 National Pc3~ Service Beat B~s~n West Ch~,nnel 16135 - Daybeacon 1 16140 - Daybeacon 2 16145 - Daybeacon 4 16150 - Daybeacon 5 161.55 - Daybeacon 6 16160 - Daybeacon 7 Ba~on River Channel 16165 - lIGHT 33 25 51.2 FIG 4s 81 23.5 16170 - Daybeacon 34 16175 - Daybeacon 35 16180 - Daybeacon 37 16185 - Daybeacon 39 16190 - Daybeacon 41 16195 - Daybeacon 44 16200 - Daybeacon 46 16205 - Daybeacon 47 16210 - Daybeacon 50 16215 - Daybeacon 51 16220 - Daybeacon 52 16225 - Daybeacon 53 16230 - Daybeac0n 55 LOSTMANS RIVER TO WIGGINS PASS (Chart 11430) Gullivan Bay Port of the Idands MoHna 16235 - Daybeacon 3 25 50.7 81 32.9 16240 - Daybeacon 4 16245 - Daybeacon 5 16250 - Daybeacon 6 16255 - Daybeacon 8 16260 - Daybeacon 10 16265 - Daybeacon 11 16270 - Daybeacon 12 16275 - Daybeacon 13 16280 ~ Daybeacon 15 16 3 132 TR on pile. Private aid. SG on pile. Private aid. TR on pile. Private aid. TR on pile. Private aid, SG on pile. Private aid. TR on pile. Private aid, SG on pile. Private aid. SG on pile. TR on pile. SG on pile. SG on pile. SG on pile. SG on pile. TR on pile. TR on pile. SG on pile. TR on pile. SG on pile. TR on pile, SG on pile. SG on pile. SG on pile. TR on pile. SG on pile. TR on pile. TR on pile. TR on pile. SG on pile. TR on pile. SG on pile. SG on pile. Private aid. Private aid. Private aid, Private aid, Private aid. Private aid. Private aid. Private aid, Private aid. Private aid. AC.~A ITE MAY 23 2( (1) (2) (3) (4) (5) (6) (7) (8) No, Name and location Position Characteristic Height Range Structure Remarks FLORIDA - Seventit D~stfid 16285 1629O 16295 16300 16305 16310 16315 1632O 16325 16330 16335 1634O 16345 16350 16355 16360 16365 1637O 16375 16380 16385 16390 16395 164O0 164O5 16410 16415 16425 16435 16440 16445 16450 16455 N~ LOSTMANS RIVER TO WIGGINS PASS {Chort 11430) Part of the islands Marina - Daybeacon 17 - Daybeacon 19 - Daybeacon 21 - Daybeacon 23 - Daybeacon 24 - Daybeacon 26 - Daybeacon 27 - Daybeacon 28 - Daybeacon 29 - Daybeacon 31 - Daybeacon 32 - Daybeacon 33 - Daybeacon 34 - Daybeacon 35 - Daybeacon 36 - Daybeacon 37 Fako Union Bay Port of ~he blancIs Marina - Daybeacon 38 - Daybeacon 39 - Daybeacon 41 - Daybeacon 42 - Daybeacon 43 - Daybeacon 44 - Daybeacon 45 - Daybeacon 46 - Daybeacon 47 - Daybeacon 48 - Daybeacon 49 - Daybeacon 50 - Daybeacon 51 - Daybeacon 52 - Daybeacon 53 - Daybeacon 55 - Daybeacon 56 - Daybeacon 57 - Daybeacon 58 133 SG on pile. SG on p~le. SG on pile. SG on pile. TR on pile. TR on pile. SG on pile. TR on pile. SG on pile. SG on pile. TR on pile. SG on pile. TR on pile· SG on pile. TR on pile. SG on pile. TR on pile. SG on pile. SG on pile. TR on pile. SG on pile. TR on pile. SG on pile. TR on pile. SG on pile. TR on pile. SG o~ ~)ile. TR on ~ile. SG on :~ile. TR on )lie. SG on 3lie. SG on )lie. TR on )lie. $G on )lie, TR on )lie. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. AGENDA I'1' MAY 23 (1) (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characteristic Height Range Structure Remarks FLORIDA - Seven~ District N/W LOSTNL&NS gl~R TO WIGGINS PA$S (Char~ 11430) ~a Union ~ 16460 - Da~eacon 59 1~65 - Da~eacon ~ 1~70 - Da~eacon 62 1~75 - Da~eacon ~ Bl~r Wv~ 1~ - Da~eacon 2 25 55,0 81 36.8 ~6485 - Da~eacon 4 [~90 - Da~eacon 6 ~6495 - Da~eacon 7 165~ - Da~eacon 9 ~6~5 - Da~eacon 10 ~6510 - Daybeacon l] 165~5 - Daybeacon ]2 ]6520 - Daybeacon ]3 ]6525 - Oa~acon ]4 ]6530 - DaCecon 15 ~6535 - Da~eacon ~6 ]65~ - Oa~eacon [7 ]6545 - Daybeacon [8 ]6550 - Daybeacon 20 16555 - Da~eacon 22 165~ - Oa~eacon 23 16565 - Da~eacon 24 ]6570 - Da~eacon 25 ~6575 - Da~eacon 26 t65~ - Da~eacon 28 16585 - Da~e~on 30 165~ - Da~eacon 31 16595 - Da~eacon 33 16~ - Da~eacon 35 ]~5 - Da~e~on 36 1~10 - Da~e~on 38 16615 - Oa~acon ~ ~6620 - Dabearn 41 I~25 - Da~eac~ ~ ~6630 - Da~eac~ 45 134 SG on pile. Private aid. 'rE on pile. Private aid. 'rE on pile. Private aid. TR on pile. Private aid. TR on pile. TR on pile. TR on pile. SG on pile. SG on pile. TE on ~ile. SG on ~)ile. TR on 3ile, SG on pile. TR on )ile. SG on 3ile. TR on }lie, SG on ~ile. TR on ~ile. TR on )lie. TR on )lie. $G on )lie. TR on )lie. SG on )lie. TR on )lie. ~ on pile. TE on pile. SG on pile. SG on pile. SG on pile. TR on pile, TR on pile. SG on pile. ,SG on pile. SO on pile. SG on pile. Private aid, Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid, Private aid. Private aid. Private aid. Private aid. Private aid. Private aid, Private aid. Private aid. Private aid. Private aid. Private aid. Prbate aid. Private aid, Private aid. Private aid, Private aid. Private aid, Private aid. Private aid. Private aid. A(.Ir.,,~A IT~ MAY 23 2 (11 (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characteristic Height Ran~e Structure Remarks FLORIDA - Sevemh Dis~ict N/W LOSTMJU~ LIVER TO WIGGINS PASS (Chcw~ 11430) ~, IUver 16635 - Daybeacon 47 16640 - Daybeacon 48 16645 - Daybeacon 49 16650 - Daybeacon 51 ]6655 - Daybeacon 53 16660 - Daybeacon 54 16665 - Daybeacon 56 Caxamba, Say 16670 COON KEY LIGHT 25 52.9 R W 4s 81 37.9 16675 - South Approach Daybeacon 2 ]6680 - South Approach Daybeacon 4 16685 - Daybeacon ] 16690 - Daybeacon 3 16695 - Daybeacon 5 16700 - Daybeacon 6 16705 - Daybeacon 7 16710 - Daybeacon 8 ]6715 - Daybeacon .11 16720 - Daybeacon 13 16725 - Daybeacon 14 16730 - Daybeacon 15 16735 - Daybeacon 16 16740 - Daybeacon 17 16745 - Daybeacon 18 16750 - Daybeacon 19 ]6755 - Daybeacon 1 25 54.5 81 41.5 16760 - Oaybeacon 2 ]6765 - Daybeacon 3 16770 - Daybeacon 4 16775 - Daybeacon 5 ]6780 - Daybeacon 6 16785 - Daybeacon 7 167~0 - Daybeacon 8 135 SG on pile, Private aid. TR on pile. Private aid. SG on pile. Private aid. SG on pile, Private aid. SG on pile. Private aid. TR on pile. Private aid. TR on pile. Private aid. NR on pile. TR on pile. TR on pile. SG on pile. SG on pite. SG on pile. TR on pile. SG on pile. TR on pile, SG on pile. SG on pile. TR on pile. SG on pile, TR on pile. SG on pile. TR on pile. SG on pile. SG on pile. TR on pile. SG on pile. TR on pile. SG on pile, TR on pile. SG ~Fn pile. TR on pile. Private aid. Private aid. Private aid. Private aid. Private aid, Private aid, Private aid. Private aid. AGENDA ITEIv MAY 2 3 206 Pg. /,.,? (1) (2) (3) (4) (5) (6) (7) (8) No, Name and ~.ation Position Characteristic Heisht Range Sbucture Remarks ROllIDA - N/W LOSTA~,d5 I~r'ER TO WIGGIN~ PA,~ (Ch~ 11430) 16795 - Daybeacon 2 25 54.0 81 38.3 16800 - Daybeacon 3 16805 - Daybeacon 4 16810 - Daybeacon 6 16815 - Daybeacon 7 16820 - Daybeacon 8 16825 - Daybeacon 10 16830 - Daybeacon 12 Motoh'S MoBno C{mnr~l 16835 - Daybeacon 1 25 56.0 8t 39.3 16840 - Daybeacon 2 16845 - Daybeacon 3 16850 - Daybeacon 4 B~g Ma~co River 16855 - Daybeacon 15 25 56.1 81 39,2 16860 - Daybeacon 16 16865 - Daybeacon 17 16870 - Daybeacon 18 16875 - Daybeacon 20 16880 - Daybeacon 21 16885 - Daybeacon 22 16890 - Daybeacon 24 16895 - Daybeacon 25 16900 - Daybeacon 26 Caxambos 16905 - ENTRANCE UGHT C 25 54.3 Mo (A) W 81 44.2 16910 - Daybeacon 1 16915 - Daybeacon 2 16917 - Breakwater North 25 54.6 Obstruction Daybeacon 81 43.9 16917.5 - BREAI(WATER NOEPH R W 4s OBSTRUCTION UGHT 16917.7 - Breakwater Center Obstruction 25 54.5 Daybeacon 81 43.9 16917,8 - BREAKWATER CENTER R W 4s OBSTRUCTION LIGHT 8 17 17 TR on pile. SG on pile. 'rR on pile. TR on pile~ SG on pile, TR on pile. TR on pile. TR on pile. SG on pile. TR on pile. SG on pile. TR on pile, SG on pile. TR on pile. SG on pile. TR on pile. TR on pile. SG on pile. TR on pile. TR on pile. SG on pile. TR on pile. NR on pile. SG on pile. TR on pile. NW on pile worded DANGER BREAKWATER. NW on pile worded DANGER BREAKWATER. NW on pile worded DANGER BREAKWATER. NW on pile worded DANGER BREAKWATER. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. PriYate aid. Private aid. Private aid. ~ ITE~ MAY 23 ili!ii! (1) (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characteristic Height Rar~e Structure Remarks FLORIDA - Sevenfh D~strict N/W LOSTMANS RIVER TO WIGGINS PASS (Chart 11430} Gufiiven Bay Caxambas Pass 16917.9 - Breakwater Obstruction Daybeacon 16918 - BREAKWATER SOUTH R W 4s 17 OBSTRUCTION UGHT 16918.5 - Breakwater South 25 54.5 Obstruction Daybeacon 81 43.9 16920 - Daybeacon 3 ]6925 - Daybeacon 4 16930 - Daybeacon 6 16935 - Daybeacon 8 16940 - Daybeacon I0 Ceph Pass 16945 - Lisht~' ~ 2 16950 - Daybeacon ZA 16955 - LIGHT 3 16960 - LIGHT 4 ]6965 - Daybeacon 5 ]6970 - Daybeacon 6 16975 - Daybeacon 7 16980 - Daybeacon C 16985 - LIGHT 9 16990 - Daybeacon 11 16995 - Daybeacon 12 17OO0 - LIGHT ]4 17005 - Daybeacon ]5 Collier Bay 17010 - Daybeacon 2 ]7015 - Daybeacon 3 17020 - Daybeacon 4 ,,' ]7025 - Daybeacon 5 17030 - Daybeacon 5A 17035 - Daybeacon 6 17040 - Daybeacon 7 ,, Capri I~u 17045 - Shoal Daybeacon A 17050 - Shoal Daybeacon 8 25 58.'~ R R 2.5s 8] 46.3 25 58.4 81 44.6 FIG 4s 16 4 FIR 4s 16 3 Q G 16 3 25 58.0 81 43.9 25 58.2 81 43.5 R R 2.5s 13 3 137 NW on pile wo~ded DANGER BREAKWATER, NW on pile worded DANGER BREAKWATER. NW on pile worded DANGER BREAKWATER. SG on pile. TR on pile. TR on pile. TR on pile, TR on pile. Red. TR on )lie. SG on )lie. TR on )lie. SG on )lie. TR on )lie. SG on )lie. JG on pile, SG on pile. SG on pile, TR on dolphin. TR on dolphin. SG on pile. TR on pile. SG on pile. TR on pile. SG on pile. SG on pile. TR on pile. SG on pile. bin on pile worded DANGER SHOAL NW on pile wo~ded DANGER SHOAL Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Prnete aid. Private aid. Private aid. Private aid. I A~A ITE, MAY 23 2[ (11 (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characteristic Height Rar~e Stn, cture Remarks R.OIUDA - ~eve~ ~ LOSTMANS RIV[R TO WIGgiNS PASS (Ch~t 114301 Fa~ry ~ ]7055 - West Chanael 25 58.3 SG on pile. Private aid. Daybeacon 1 81 43,5 17060 - West Channel SG on pile. Private aid. Daybeacon 3 17065 - West Channel SG on pile, Private aid. Daybeacon 5 17070 - East Charmel TR on pile. Private aid. Daybeacon 2 ]7075 - East Channel TR on pile. Private aid. Daybeacon 4 17080 - East Channel TR on pile. Private aid. Daybeacon 6 17085 MARCO ISLAND YACHT 25 57,7 R W 2s On pier. Private aid. CLUB OBSTRUCTION UGHT 81 42.7 Big Marco Pass - Gordon Pass 17090 - Daybeacon 1 25 58.5 SG on pile. 81 44.6 17095 - Day~acon 2 TR on pile. 17100 - Daybeacon IA SG on pile. Isles of CapH ]7105 - Daybeacon 2 25 58.8 TR on pile, 81 44.2 ]7110 - Daybeacon 3 SG on pile. 17115 - Daybeacon 4 TR on pile. 17120 - Daybeacon 5 SG on pile. ]7125 - Daybeacon 6 TR on pile. 17130 - Daybeacon 7 SG on pile, 17135 - Daybeacon 8 TR on pile. 17140 - Daybeacon 9 SG on pile, 17145 - Daybeacon 10 TR on pile. ]7150 - Daybeacon 11 SG on pile. 17155 Johnson Bay Tide-Gauge 25 59,6 NR on pile. Daybeacon 8l 43.1 Big Marco Pa~s - Gordon Pass 17160 - Daybeacon ZA 25 58.8 TR on pile. 81 44.3 17]65 - Daybeacon 3 SG o~ pile. 17167 - Daybeacon 3A SG on pile. 17170 - Daybeacon 5 SG on pile. 17175 - Daybeacon 6 TR on pile. 17180 - Daybeacon 7 SG on pile. 17185 - Daybeacon 12 TR on pile, 138 Private aid, Private aid. Private aid. Private aid, Private aid. Private aid. Private aid. Private aid. Private aid, Private aid. Private aid. MAY 2 3 2(] (1) NO. (2) Name and location (3) Position (4) (5) (6) Characteristic Height Range FLORIDA - 5~venlh District (7) Structure (8) Remarks N/W LOSTMANS RIV[R TO WIGGINS' PASS (Chart 11430) Marco Pass - Gordon Pass 17190 - Daybeacon 13 17195 - Daybeacon 14 17200 - Daybeacon 15 17205 - Daybeacon 16 17210 - Daybeacon 17 17215 - Daybeacon 18 17220 - Daybeacon lEA 17225 - Daybeacon 19 17230 - Daybeacon 20 17235 - Daybeacon 21 17240 - Daybeacon 23 17250 - Daybeacon 25 17255 - Daybeacon 26 17260 - Daybeacon 27 17265 - Daybeacon 27A 17270 - Daybeacon 28 17275 - Daybeacon 2BA 17280 - Daybeacon 29 17285 - Daybeacon 30 17290 - Daybeacon 30A 17295 - Daybeacon 31 17300 - Daybeacon 33 17305 - Daybeacon 34 ]7310 - Daybeach 36 17315 - Daybeacon 38 17320 - Dayboacon 40 17325 - Daybeacon 42 17330 - Daybeacon 44 17335 - Da~acon 46 17340 - Daybea~n 47 17345 - Daybeacon 48 17350 - Daybeacon 49 17355 - Daybeacon 50 " 17360 - Da~acon 51 17365 - Daybeacon 52 17370 - Daybeacon 53 139 SG on )lie. TR on )lie. SG on )lie. TR on )lie. SG on )lie. TR on )lie. TR on )lie. SG on )lie. TR on pile. SG on pile, SG on pile. TR on pile. SG on pile. TR on )lie. SG on )lie. SG on )lie. TR on )ile, TR on )lie. SG on lite. TR on )ile. TR on )lie. SG on ~ile. SG on )ile. TR on )lie. TR on )ile. TR on )ile. TR on )lie. TR on )ile. TR on )ile. TR on )lie. SG on TR on pile. SG on pile. TR on pile. SG on pile. TR on pile. 5G on pile. MAY 2 3 2 (11 (~) ~'~) (4) ~=-~ ~ (7) (8) No. Name and location PcrJtion Characteristic He~_m~: ~ Structure Remarks R. OmOA - S,m.mmmmak ~ LOSTMANS RIYER TO WIGGO~ PASS (Chart 11430) Big M~co Pass - Gordon Pass 17375 - Daybeacon 54 17380 - Daybeacon 55 17385 - Daybeacon 56 17390 - Daybeacon 57 17395 - Daybeacon 58 17400 - Daybeacon 60 17405 - Daybeacon 62 17410 - Daybeacon 64 17415 - Daybeacon 65 17420 - Daybeacon 66 17425 - Daybeacon 68 17430 - Daybeacon 69 17435 - Daybeacon 71 17440 - Daybeacon 73 ]7445 - Junction Daybeacon G Gordon Pros Cha~nel 17450 Gordon Pass Light~ ! 124o 17455 - Daybeacon 2 17460 - Daybeacon 3 ]7465 - LIGHT 4 ]7470 - Daybeacon 5 17475 Gordon Pass North Jetty Obstruction Daybeacon 17480 - Obstruction Daybeacon 17485 - Daybeacon 7 17490 - UGHT 6 17495 - Daybeacon 7A 17500 - Daybeacon B 17505 - UGHT 9 17510 - Daybeac0n 10 17515 - Daybeacon 12 17520 - UGHT 13 17525 - UGHT 16 17530 - Daybeacon lB 26 06,0 81 47.2 26 05.5 fi G 2.5~ /C, 81 48.7 26 05.4 81 48.5 R R 2.5s 17 26 05.6 81 48.1 26 05.5 81 48.2 R R 4s 16 R 0 4s 16 R G 4s 12 R It as 12 140 ~ on pile. ~ on pile. ~ on pile. ~ on pile. T'~ on pile. TR on pile. TR on pile, SG on pile. TR on pile. TR on pile. SG on pile. SG on pile. SG on pile. JR on pile. TR on pile. SG on pile. 3 TR on pile. SG on pile. NW on pile worded DANGER SUBMERGED ROCK. NW on pile worded DANGER SUBMERGED JETTY. SG on pile. TR on pile. SG on pile. TR on pile. 4 SG on pile. on pile, TR on pile. 4 SG on pile. 3 TR on pile. TR on pile. Private aid, Private aid. MAY 2 3 2000 PaL f~ (1) (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characterbtic Height Range Sb'ucture Remarks FLORIDA - Seventh District H/W LOSTMANS RIVER TO WIGGINS PASS IChm't 11430) 17667 17667.] 17535 - Daybeacon 19 26 06,1 81 47.2 17540 - LIGHT 20 R R 4s ]7545 - Daybeacon 21 17550 - Daybeacon 22 17555 Windstar Channel Daybeacon 2 17560 W'mdstar Channel Shoal 26 06.3 Daybeacon 8] 47.2 17565 - Daybeacon 23 17570 - LIGHT 24 R R 4s Royal 14a14)or 17575 - Daybeacon 1 26 06.8 81 47.2 ]7580 - Daybeacon 2 17585 - Daybeacon 3 17590 - Daybeacon 4 Naples ~ry Channel 17595 - Daybeacon 25 26 06.8 81 47.2 ]7600 - Daybeacon 26 17605 - UGHT 27 R G 4s ]7610 - UGHT 28 R R 4s 17615 - Daybeacon 29 17620 - Daybeacon 30 ]7625 - Daybeacon 31 17630 - LIGHT 32 R R 4s 17635 - UGHT 34 R R 2.5s ]7640 - Daybeacon 33 17645 - Daybeacon 35 ]7650 Naples Yacht Club 26 07.8 Daybeacon 1 81 47.6 Naples Yacht Basin Daybeacon 2 Naples Yacht Club Daybeacon 3 17665 Naples Yacht Club Daybeacon 4 Naples Yacht Club Daybeacon 5 Naples Yacht Club Daybeacon 7 SG on pile. ]6 3 TR on pile. SG on pile. TR on pile. TR on pile. NW on pile worded DANGER SHOAL. SG on pile. 16 3 TR on pile. 11 4 16 3 16 4 16 3 141 SG on pile. TR on pile. SG on pile. TR on pile, SG on pile. TR on pile. SG on )lie. TR on )lie. SG on )ite. TR on )ile. $G on }ile. TR on TR on )lie. SG on SG on )ile. SG on ~ile. TR on pile. SG on pile. TR on pile, SG on pile. SG on pile. Pdvate aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid, Private aid. Private aid. Private aid. AGENDA ITEM MAY 2 3 2000 (2) (3) (4) (5) (6) (7) (B) Name and location Position Characteristic Height Range Structure Remarks LOSTMANS RIVER TO WIGGINS PASS IChart 11430) Naples Bay Channel 17670 - Daybeacon 3(5 17675 - Daybeacon 38 17680 - Daybeacon 39 17685 - LIGHT 40 FI I! 4s 16 Old Naples Bay Channel · ix'(')': 17687 - Daybeacon I 26 08.1 8] 47.4 ,~' 17687.1 - Daybeacon 2 v'17687.2. - Daybeacon 3 lpx~/17687.3 - Daybeacon 4 qn,t'tF 176B7.4 - Daybeacon 5 Fv/17687.5 - Daybeacon 6 17690 NAPLES SAILING CLUB 26 08.3 FI W 6s 8 WEST CAUTION LIGHT 81 47.4 17695 NAPLES SAILING CLUB 26 08.3 FI W 6s 8 EAST CAUTION LIGHT 81 47.3 Doctors Pass 17700 - LIGHT DP 26 ]0.4 Mo IA) W 81 49.0 17705 - Daybeacon ! 26 10.4 B1 49.0 !7710 - Daybeacon !A ]77!5 - Obstruction Daybeacon 26 10.§ 8] 48.9 ]7720 - Daybeacon 2 17725 - Daybeacon 3 17730 - Daybeacon 4 17735 - Daybeacon 5 17740 - Daybeacon 6 17745 - Daybeacon 7 17750 - Daybeacon 8 17755 - Daybeacon 10 17760 - Daybeacon 12 17765 - Daybeacon 14 17770 - Daybeacon 16 FORT MYERS TO CHARLOTTE HARBOR AND WIGGINS PASS ICI~ 11427) ~ggins Pass 17775 - SAFE WATER LIGHT WP 26 17.2 Mo (A) W 12 81 50.1 17780 - Daybeacon 1 26 17.3 81 49.9 142 'rE on pile. TR on pile. SG on pile. TR on pile, SG on pile. TR on pile. SG on pile. TR on pile. SG on pile. TR on pile. NW on pile worded CAUTION MOORING AREA. NW on pile worded CAUTION MOORING AREA. MR on pile. SG on pile. SG on pie. ~ on pile worded DANGER OBSTRUCTION. TR on pile. SG on pile. TR on pile, SG on pile, TR on pile. SG on pile. TR on pile. TR on p~le. TR on pile. TR on pile. TR on pile. MR on pile. SG on pile. Private aid. Private aid, Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid, Private aid, Private aid. Private aid. Private aid, Private aid. Private aid. Private aid, Private aid, Private aid, Private aid. AGENDA I'1~ MAY 2 3 20( (I) (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characteristic Height Range Structure Remarl~ ROWOA - Sevll~l Ot~tdd N/W FORT MYERS TO CHARLOTI~ HARIC~ AND WIGGINS PASS (Chat 11427] Wh3gin~ Pass 17785 - Daybeacon 2 TR on pile. Private aid. 17790 - Oaybeacon 4 TR on pile. Private aid. ]7795 - Daybeacon 6 TR on pile. Private aid, 17800 - Daybeacon 8 TR on pile. Private aid. 17805 - Daybeacon 10 TR on pile. Private aid. ]7810 - Daybeacon 11 SG on pile. Private aid. 17815 - Daybeacon ]2 TR on pile. Pdvate aid, Water Turkey Bey Charnel 17820 - Daybeacon 1 26 17.3 SG on pile. Private aid. 81 49.6 17825 1783O 17835 17840 17845 1785O 17855 17860 17865 17870 ]7875 17877 f~r/17878 ]7880 17885 17890 17895 17900 17905 17910 17915 17920 17925 17930 17935 17940 - Daybeacon 2 TR on pile. Private aid, - Daybeacon 3 5G on pile. Private aid, - Daybeacon 4 TR on pile. Private aid. - Daybeacon 5 SG on pile, Private aid. - Daybeacon 6 TR on pile. Private aid. - Daybeacon 7 $G on pile. Private aid. - Daybeacon 8 TR on pile. Private aid. - Daybeacon 9 SG on pile. Private aid. - Daybeacon 10 TR on pile. Private aid. - Daybeacon 11 $G on pile, Private aid. - Daybeacon 12 TR on pile. Private aid. - Daybeacon 13 SG on pile. Private aid. - Daybeacon 14 TR on pile. Private aid, Island Marina Obstruction 26 ]7.5 NW on pile worded Private aids, Daybeacons (4) 81 49.3 DANGER SHOAL. l'eepe~m:h Medea - Daybeacon ] 26 ]7.5 SG on pile. Private aid. 81 49.6 - Daybeacon 3 - Daybeacon 4 - Daybeacon 5 - Daybeacon 6 - Daybeacon 8 - Daybeacon 10 - Daybeacon 12 - Daybeacon 14 - Daybeacon 15 - Daybeacon 16 - Daybeacon 18 14,1 SG on pile. Private aid. TR on pile. Private aid. SG on pile. Private aid. TR on pile. Private aid. TR o~ pile. Private aid. TR on pile. Private aid. TR on pile. Private aid. TR on pile. Private aid. SG on pile. Private aid. TR on pile. Private aid. TR on pile. Private aid, HAY 2 3 20 (1) (2) (3) (4) (5) (6) (7) (8) No. Name and location Position Characteristic Height Range SITucture Remarks FLORIDA - Savenl~ Dist~ct N/W FORT MYE~ TO CHARLOTT~ RARBOR AND WIGGINS PASS (Chart 11427) Wiggins Pa~s Tempust~ch Marina 17945 - Daybeacon ]9 SG on pile. 17950 - Daybeacon 21 SG on pile. ]7955 - Daybeacon 22 TR on pile. 17960 - Daybeacon 23 SG on pile. 17963 Lee County Artificial 26 18.5 Reef Buoy ER 82 13.3 17963.1 Lee County Artificial 26 20.3 Reef Buoy OK 82 05.4 17963.3 Lee County Artificial 26 20.7 Reef Buoy GH 81 57.2 17963.5 Lee County Artificial 26 22,7 Reef Buoy ~ 81 55.4 New Pass 17965 - Lighted Buoy 2 26 22.5 R R 2.5s 81 52.6 17970 - Buoy 4 Big CaHos Pass 17975 - Lighted Buoy 1 26 23.1 R G 45 81 53.6 ]7980 - Buoy 4 17985 - Buoy 5 San Caries 17990 - UGHT 26 25,1 R W 2.55 81 57.5 ]7995 - Daybeacon 3 i8000 - CHANNEL LIGHT 4 R R 6s 18005 - CHANNEL LIGHT 5 R G 4s 18010 - CHANNEL LIGHT 6 Q R 18013 Lee County Artificial 26 25.5 Reef Buoy BJ 82 11.7 18015 Punta Rassa Daybeacon I 26 28.0 82 01.1 18020 Punta Rassa Daybeacon 3 26 28.5 82 00.9 18025 - CHANNEL LIGHT 8 R R 4s 18030 - Daybeacon 8A 18035 - CHANNEL UGHT 10 R R 4s Punta Rossa ~ Ramp Chann~ 18040' - Daybeacon I 26 29.1 82 00.8 16 t6 16 16 16 144 Yellow can. Yellow can. Yellow can. Yellow can. Red. Red nun. Green. Red nun. Green can. 7 NR on skeleton tower on piles. SO on pile. 3 TR on pile. 4 SG on pile. 3 TR on pile. Yellow can. SG on pile. 3 TR on dolphin. TR on pile. 3 TR on pile. SG on pile. Private aid. Private aid. Private aid. Sign on bridge after this aid states. CAUTION: Markers are reversed on opposite side of bridge. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. Private aid. MAY 2 3 o ,, I pUOlpOo AGENDA ITE~ MAY 2 3 20 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.738, "PAUL AND KELLY BYRD COMMERCIAL EXCAVATION TR 127 & 128, U 49" LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH, SOUTH , EAST AND WEST BY VACANT LAND ZONED ESTATES, AND ALSO ON THE EAST BY 16TM ST. N.E. AND ON THE NORTH BY A CANAL. OBJECTIVE: To issue an excavation permit to Paul & Kelly Byrd for the project known as "Paul & Kelly Byrd Commercial Excavation, Tr 93, U 72" in accordance with Count5' Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The Petitioner proposes to excavate one lake with a surface area of 1.5 acres (+/-) to a depth of 12(+/-) feet. The resultant 20,000 (+/-) C.Y. of fill will be used off site. Because the site is well under the 500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be less than one year. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $968.00 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $118.00 $ 968.00 TOTAL FEES A security in the amount of $10,000 must be posted prior to permit issuance. Road impact fees will be computed at the time of permit issuance, but are estimated to be about $3,700 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.738 to Paul and Kelly Byrd for the project known as "Paul & Kelly Byrd Commercial Excavation" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 20 feet below grade. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 1/13/98 (copy attached). Hours of operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidays. Dewatering is not allowed. AGENDA ITEM HAY 2 3 2000 No blasting will be permitted. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform a site visit to determine the need for a Vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Additional landscaping per BCC directive may be required. No Excavation Permit shall be issued until all impact fees have been paid. PREPARED BY: STAN CHRZANOWSKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE It6BEl~T J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APP~0~Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 59.731 EX SUMMARY/SCq-I/EAB Exec. Summ. 2 MAY 2 3 2000 LJJ AGENDA MAY 2 3 2000 Pg. ~ _Tg'PI£~ ~$ £ C ?It> 1.,1 ~_.~_.~o,~ MAY 2 3 2000 PERMIT NO. CATEGORY: COLLIER COUNTY APPLICATION FOR EXCAVATION PERMIT ORDINANCE NO. 92-73 COMMERCIAL DEVELOPMENT NONREFUNDABLE APPLICATION REVIEW FEE: PRIVATE ($85.00) COMMERCIAL ($850.00). DEVELOPMENT ($125.00). RECEIPT NO. PERMIT FEE RECEI?T NO. 2. 3. 4. 6. 7. 8. 10. 11. 12. Name of Property Owner: * (Indicate ex,ac~lA y as ~ecord;ed) Address of Property Owner: Phone Number of Owner: Name of Excavator: Location of Excavation: Section ~ , Township 4~ S., Range ~ E. Legal Description: T/'aer/__/2?//Z,q Any Right-of-Way Easements Across Land Which Would be Affected (Public or Private) Yes ~ No /' If yes, show on survey. Depth: /cO-/~ F~et; Quantity:~C.Y. / Intended Use of Material to be Excavated Proposed Excavation Size: Surface Area: ~ ~ Acres; Attachment "A" prelaared by a surveyor or engineer registered in the State of Florida showing all information required in Section 3.5.6 of Ordinance. The following information is to be submitted with application: (a) Co) Attachment "B" - List of names and addresses of nearby property owners as required by Section 3.5.6.1.3.4 of the Ordinance, for commercial applications. (c) ARachment "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 Ordinance and all County and State Codes and Laws. J Signature ~f ]~'ty Owffer*lAgent**/Exeavator** *a) If owner is land trust, so indicate and name beneficiaries. If owner is corporation other than public corporation, so indicate and name officers and majo stockholders. If owner is parmership, limited partnership or other business entity, so indicate and name prn If the application is made by any person or firm other than the owner of the property involw written and notarized approval from the property owner shall be subtrotted prior to processin the application. THE UNDERINSURED SUBCOMMITTEE Whether resulting from increased population growth or other socio-economic factors, Collier County has a significant number of individuals who can be classified as either uninsured or underinsured. In general, these individuals are working class men and women between the ages of 19 and 64, many having incomes lower than 150% of the federal poverty level. Many of those persons within the above referenced group receive little or no health care at all. Those who do receive periodic treatment often lack access to follow-up care due to a variety of reasons ranging from a lack of funds for prescriptions and/or specialty care to lack of transportation. Such inability to access basic primary care places a tremendous amount of strain on those organizations that do attempt to provide some manner of care for those in need. The burden placed on those entities providing the resources are, in turn, passed on to the rest of the population of Collier County, either directly or indirectly. Although additional supporting data would be helpful, enough data exists to clearly support the conclusions stated above. Data provided by Naples Community Hospital and Collier Health Services, Inc., indicates that most "charity costs" are generated by those between the ages of 19 and 64. For example, for those persons in the 19-64 age range, the percentage of uncompensated care ranged from 62% to 72%.4 Though completed information is not yet available from the Neighborhood Health Clinic2, the data available reflects that the NHC had over 300 patient visits by underinsured persons living in Collier County. (It should be noted that these visits were generated during very limited hours of operation). Further data supporting the aforementioned conclusions is available and has been to submit to the Health Care Review Committee. A complete review of the data provided to the Health Care Review Committee3reflects that those "working poor" who are in need of greater access to health care, tend to be segregated in specific geographic areas within Collier Countyfi These areas contain a significant "working class" population many of whom are underinsured.5 ~ NCH uncompensated cared analysis for FY98; Table IV indicates 5015 of the 6915 uncompensated were generated by individuals between the ages of 18 and 64. CHSI data reflecting the payment sources of those obtaining care from CHSI indicate that 62.1% had no method of payment 2 The Neighborhood Clinic was newly formed in early 1999 and as of this writing only had data for their first quarter of operation (April-June 1999). 3 Data provided by the various entities, both public and private is on file with the Collier County Health Department. 4 Data provided by NCH for the provision of charity care for FY 97-FY98 indicates that the predominate amount of uncompensated care was provided to those persons living in East Naples, Golden Gate City and Immokalee. s Many individuals in these "working class" areas are presumably under employed or employed in jobs that provide inadequate health insurance, if any at all. Hard data evidencing these assumptions has not yet been providedtothecommittee. ' 8 C 11 1 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.737, GARRO LAKE COMMERCIAL EXCAVATION LOCATED IN SECTION 33, TOWNSHIP 48 SOUTH. RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, AND WEST BY VACANT LOT AND ON THE SOUTH BY 62r'~ AVE. NE R/W. OBJECTIVE: To issue Excavation Permit No. 59.737 for Garro Lake 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. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900 - Development Services Revenues generated by this project Total $4889.00 The breakdown is as follows: a) Excavation Review Fee - $ 850.00 b) Excavation Permit Fee - $ 135.00 c) Road Impact Fee - $3,904.00 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.737 for the Garro Lake Commercial Excavation with the following stipulations: Executive Summary Excavation Permit No. 59.737 Page 2 The excavation shall be limited to a bottom depth of 12' below existing ground. All disturbed areas proposed for lake excavation shall be excavated to a minimum depth of 6' below the dry season water table. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. 5. Groundwater shall not be pumped during the excavation. 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. 7. 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 of4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. Any stockpile in place for a period of exceeding 60 days shall be seeded and mulched and erosion control device installed. 11. Operation shall be limited to one year, with provision for a 1-year extension. Executive Summary Excavation Permit No. 59.737 Page 3 SENIOR ENGINEER REVIE ,.VED BYe: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER RO~ER~, AICP PLANNING SERVICES DEPARTMENT DIRECTOR A PPR~~~o VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE SS/ts/f:/EX SUMMARIES COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: '1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or proMbit off-site removal of excavated material should such removal create a hazardous mad condition or substantially deteriorate a mad condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road r,zpair 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. o Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation pc,reit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable reaolution before the Board of County Commissioners. Should weight limits Ix: instituted, the permittee shall be responsible to implement measures to assure that all h~avy truck loadings leaving the permit's property conform to the appllcable weight restriction- The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. Page One of Two ~,~ Based on soil boring information per Ordinance No. 91-102 as amended, a blasting perz may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: ho 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 TransportatJ Services Administration applicable to proper mitigation of off-site impacts, meeting applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two Garro JARY Ave N C 5 St N ~ 52.nd Ave:bI.E ~ 50thAveNE ~c 41St Aye NE 39th Ave N E 3,~h Az.e_N E 48th Ave NE .~ --~' ' ~. .... / '~_ 43rd Ave NE 37th Ave NE ,, , ,_ , f .... ,, 0.5 1 I 6 2 2,5 EXECUTIVE SU~4ARY FINAL ACCEPTANCE OF~rATERAND/OR SEWER FACILITIES CONNECTIONS FOR THE POINTE II @ PELICAN BAY OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and/or sewer facilities. CONSIDERATIONS: 1) The Developer of The Pointe II @ Pelican Bay, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 27, 1999, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $4,447.65, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and/or sewer facilities will be paid by monthly user revenues. Executive Summary The Pointe II @ Pelican Bay Page Two GROWTH M~NAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and/or sewer facilities for The Pointe II @ Pelican Bay, and release the UPS to the Project Engineer or the Developer's designated agent. PRE PARE D~ ..BY: /,.,,< -:. Shirley .Nix, Engineering Technician Enginee9i~g Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date RobertMulhere, AICP Planning Services Department Director Vince4~t A. Cautero, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date ? 2000 PROJECT · LOCATION LOCATION ROAD MAP/ ,"000 ~L,O ~ ?q ,:OF=a, ;l, i, ;?gq al: O~r.O~OO Official 'Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ~ Trans Number ! Date I Post Date 189089 ~ 8/19/98 11:38:50 AM 8/19/98 Payment Slip Nb~ l MS 41o8o THE POINTE AT PELICAN BAY TWO Payor · THE HUNTINGTON NATIONAL BANK OF FL Fee Information Fee Code Description ; GL Account i Amount Waived 12BOND DEPOSITS-COMM DEV (CASH BONDt 67000000022011300000 I $4447.65 Total L $4447.65 Payments Payment Code Account/Check Number i Amount CHECK 00 0140179 ~r $4447.65 Memo: Total Cash ~ $0.00 Total Non-Cash I $4447.65 Total Paid $4447.65 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: TERILLA_J / 1 User: NIX S Printed:8/19/98 11:39:35 AM EXECUTIVE SUMM~RY FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR STONEBRIDGE, TRACT H OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Stonebridge, Tract H, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 10, 1998, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security {UPS), in the form of Utilities Performance Bond No. 16-31-57 will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. Executive Summary Stonebridge, Tract H Page Two GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Stonebridge, Tract H, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley ~'ix, E~n~in&ering Technician Enginee~i~g Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date R©bett Mulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date LOCATION MAP LEGAL DESCRIPTION: Section 26, Township 48, Range 25, Stonebridge Unit Four, Portion of Bond No.: 16-31-57 l:5'~'mi m-n: $109.00 KNOW ALL MIeN BY T~ISE PRIgSENT$, .~mt we, TABOR wOODR~W CO~T~S. ~ Florida ~ p~p ("Pa~p"), ~ ~on~ch Hqm~ of ~orida. ~c., s ~orida ~r~fioa, s ~eral Par ~er. snd Tsylor Woodrvw Homes ~[v~da, Inc.. a Flo~dn coloron a ~er~ P~el, h~ ~ "~ncip~" wh~ one or m~c, ~d ~C~ HO~ ~S~~ COM V~ ~n r~ ~ ~ "S~e~"), ~ held ~d f~y bo~ ~to CoUi~ ~ ~1~ ~ =~ c~l~ "Co~"), ~ ~e rate DOL~ suacesso~ ~ for s~ or pl~L ~ CO.NDITION OF THIS OBLIGATION is such 'hat wh~as. the Owner entered into a certain Utilities Faciliti~ Construction Contract, claicd ~: j~th day of ]~eccmb~r. 199_~7, a copy of which is hereto attached and made a part hereof; and WHEREAS the County has a m~terial interest in the per~ ,rmanc~ of iaid Contract; and WHEREAS the CounW has atoptext Ord. i.nane,-s md P.~olufions (hereinafter "L,.~d Development Regulalions") concm'ning the Owners ob lEaftorre W the County rcgarcling the construcficrn, coriw~ya.nce a~d warranty of water and s .,wet facilities conslructzd within. the u~incorporated area of colli~r CounW; NOW, THEREFORE. if the Owner shall well, truly a~l faithfully perform its obligations and duties to the County under said Land DeveloFmcnt ]~cgulatior~ and all the undertakings, covenant_% terms, conditlo~s, and agreerector s of said co ltra~t during the original terrrl thereof~ and Imy extensions thereof which may bc grantccl by t]~: owner, with or withou! notice to the Surety and dth-irkg the guaranty period ~-'tabl/shed by the ( ;ounty, ~1 thereafter, and if the owner shall satisfy all claims and demands incurred under such :ontract. and shall hilly iud~rmify and save harmless the Count), from all costs and damages witch it may suffer by reason ofiailur~ to do so, sncl _~h~11 reimburse and repay the County all out3 ty and expense which the County may incur in makiu§ good az~y default, then this oblilation sh fil be void, other, vise to remain in full force and effect. PROVIDED, FURTHER. that the said Surety for valu~ rcccivcct hereby stipulates and agrees that no chaug¢, cxtcasion of time, alteration or addition tx the terms o£thc contract or to work to be performed thcrctmdcr or the specifications accompanyi ~g sm33e ~aall in any way a_C-fcct its obligation ov this Bond, and it does harchy waive notice of amy such change, extension of time, alteration or additio~ to the terms of the contract or to the ~ork or to the specifications. PROVIDED, FURTHER, tha~ it is expretaly agrr~d t~ at the bond shaU be deemed amended automatically and immccliately, Without formal and scparate am~ndmcar. s her,-'w, c~pon amenclm~t to the Conic-act not increa.sing the cou~ract pT ce more ~ 20 pement, so a~ to bind fi~e owner and the Surety to the full ired faithful p=fforma xc¢ of the contra~t as so =rncndexi. Wnc tcn'n "A.mcndment", wherever uscd in this Ixmd~ ~ whe ~ tefra-ring to this bond, thg Contra~t or other doeumwats ah~fil inclu~1¢ a~y alt~zatiom addilion or mod/ficafion of any chaxa~ter MAY 2 3 000/ IN WITNESS WHEREOF, the parties hereto have cm.scd this in~tmmcnt to the executed this ~day of' .... 199_~8 TAYLOR'¥OODROW COMMXJNITII~$, a Florida Gen ~ral Partm~h/p Signed, Sealed and Delivered in thc presence of: ~GARE"[ E, SOUCriER Printed or t~ed name By: TAYLOR ' VOODROW HO1VIES FLORIDa ~ INC. a Florida Corporation. a G*nm'al P. u'tn:r J'ohn R. ]~es akin. Pr~'ident Printed or t2'ped name Signed. Scaled and Delivered MONARCH HOMES OF FLORID& INC., ' . : a Fl~hda C ~omtion, a G~eml Pa~,r John K. Pc: ~?resident -2- NO. ~ MAY 2 3 2000 pg. ~ __ The for,going instrument w~s acknuwl,'dged 19~ by ~ohn ~. P~hkin ~ P~sid~t oFbolh T~ylor Wo~ ~ow ~ Flo~d~ Inc., a Florida oFTAYLOR WOODROW CO--UNITIES, a Flofid~ G~c~ P~nemhip. / ~o is pe~o~lly ~o~ t~; or ~ who h~ pmduc~ a Flo~da drives lic~ ad and did/did txot t~e -3- MAY ~ ~ 2000 ut/;'z/9~, ~E,P 1.4:4.1. F.-L,.~ 941 $92 S395 TW(: NAPLES [~006 Countex$i! n=d By: By:,__ Florida P, esiclcnt Agent th d~y of' AMERICAN who is personally kpown to me, or who llas produced a Florida drivees Iicen m as identification and did/did not' take an NOTARY PUBLIC Print Nam: My Comn: ission Expires: Commissi~ ,n Number: File:\m:amipro\upbth AGE N..D~ EXECUTIVE SUMMARY REQUEST TO ACCEPT AN ALTERNATE SECURITY FOR LEAWOOD LAKES, AND ENTER INTO A NEW CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE NEW DEVELOPER OBJECTIVE: To accept an alternate security for Waterways of Leawood Lakes, and enter into a new Construction and Maintenance Agreement with the current developer. CONSIDERATIONS: On October 4, 1994, the Board of County Commissioners approved the final plat of Leawood Lakes, and entered into a Construction and Maintenance Agreement and accepted a Letter of Credit as security for the required improvements. A new developer has purchased the property and has provided a Construction and Maintenance Agreement and Letter of Credit as the required security. This would be in conformance with Section 3.2.9.1.5 of the Land Development Code. The security document ~-~.as been reviewed and approved as to form by the County Attorney's ~fice. FISCAL IMPACT: The fiscal impact to the County is as follows: The security amount is $ 112,635.26. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center 138900.- Development Services Revenue generated by this project Total $ 13,897.05 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: 1 ) That the Board of County Commissioners accept the alternate security and enter into a new Construction and Maintenance Agreement with the current developer. LUg, A I IUINI FI/"kl" NO SCALE I ~^}1o ~o^o ]1 DAVIS BOULEVARD GENERAL NO'fES: COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSlON IM- PROVEMENTS entered into this day of , 19 .between ~,~-. 4 ~,E)'_X~,hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously witl~ the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdi- vision regulations, said guarantees to be mcorporated in a bonded agreement for the construc- tion of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within months from the~date~f ........' £--_'~ .......-'-:~ · .,-,. .......~ .......~ s~d improv~ men~s herein,or refe~ to ~ the ~r~ ~provements.. 2. ~Devel~r here~th tenders its subdi~sion ~rformance security (at- ~che~ hereto ~ ~bit "A"..~d by reference made a p~ herod in the ~o~t 9f $ ~ ~.~~Mch ~ount repr~n~ 10% of the to~ con- :~ . tra~cos~ to"c~ple~ ~ns~i~~ plus 100% of the estima~ cost of to ":~" co~let~th~'~~ im~ve~en'ts at the date of this A~eement. 3. In the event of default b~'the Develo~r or f~ure of the Develo~r to complem such ~pr0vemen~ ~thin the time required by the ~nd D~ velopment Code, ~C~ier P~un~, may ~! upon the sub~-~sion perfor- m~ce s~W ~ {n~ure sat~fa~o~ completion of the r~u~ improv~ men~. 4. The req~red ~prove~ehts sh~l not'be consider~ comple~ until a s~t~ " ment of subs~ ~mpletion by Developer's en~n~r ~ong ~th the fin~ proj~t r~ have been fuJished to be re~ew~ and approved by the Development Se~s D~tor for compH~ce ~th the Co~er County L~d Development ~de. 5. The Development ~ces Dire~or sh~l, within s~ (60) days of r~eipt of the s~ment of subs~ti~ completion, either: a) noti~ ~e Developer in ~ting of his preH~n~ approv~ of the improvement; or b) noti~ ~ the Develo~r in ~t~g of his refus~ to approve ~provemen~, ther~ ~ with sp~i~ng those conditions which the Developer must fulfi~ inorder to ob ' - , · ~n the D~re~r s approv~ of the ~mprovements. However, In no~ ' ' .... .. '- ;"'~ ' APPENDIX A-STANDARD LEGAL DOCUMENTS event shall the Development Services Director refuse preliminary ap- proval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Ser- vices Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Ser- vices Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Devel- oper's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Develop- ment Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for re- view by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the- subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Ad- ministrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improve- ments. The Board shall have the right to c.onstruct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the f-real total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS W-HEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of Supp. No. I LDCA:11 COLLIER COUNTY LAND DEVELOPMENT CODE SIGNED, SEALED AND DELIVERED IN THE PRESENCE/~: // . Printed or Typed Nfe , Printed o~ ~ed H~me ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk A~eff~as to~form~and legal sufficiency: ~ (l~County Attorney [Developer Name] Printed or Typed Name Title BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chaiman Northern Trust Bank of Florida 700 Brickell Avenue, Miami, Florida 33131-2881 Tel.: (305) 789-1300 Telex: I.T.T. 441180 · S.W.LF.T. CNOR US3M IRREVOCABLE STANDBY LETTER OF CREDIT DATE: MARCH 20m, 2000 APPLICANT: GF& MY INC. 1900 GLADES ROAD SlffFE 101 BOCA RATON, FL 33431 BENEFICIARY: THE BOARD OF COUNTY COIVIMISSIONEI~ COLLIER COUrNTY, FLORIDA C/O OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL. 34112 EXPIRATION DATE: MAY 17a, 2000 AT OUR COUNTERS DEAR SIR OR MADAM: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LE'I~ER OF CREDIT NO. S207152 DATED MARCIt 20II. 2000 IN YOUR FAVOR FOR IJP TO T}IE AGGREGATE AMOUNT OF: ONE HUNDRED TWELVE I'HOUSAND SIX tIUNDRED TIIIRTY FIVE 26/100 USDOLLARS ($112,635.26) AVAILABLE BY YOUR DRAfT(S) AT SIGHT, ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1.BENEFICIARY'S STATEMENT PUREORTEDLY SIGNED BY THE COUNTY ,MANAGER CERTIFYING THAT LEAWOOD LAKES DEVELOPMENT CORPORATION IiAS FAILED TO CONSTRUCT AND/OR ,MAINTAIN TIlE IMPROVEMENTS ASSOCIATED WITIt TtIAT ' CERTAIN PLAT OF A SUBDIVISION KNOWN AS LEAWOOD LAKES DEVELOPMENT OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFOP,2vtED PRIOR TO TIlE DATE OF EXPIRY AND SATISFACTORY ALTERNATIVE PERFORMANCE' SECURITY HAS NOT BEEN PROVIDED TO AND FOP, bIALLY ACCEPTED BY TIlE BENEFICIARY. 2. THIS ORIGINAL LETTER OF CREDIT NO. S207152 ISSUED BY NORTHERN TRUST BANK OF FLORIDA AND AMENDMENT(S) IF ANY. PAGE 1/2 No{Ihcrn Trust of FIo.d& Coq~oralion and Northern Trust Bank of Florida NA. are wholly owned $ut~idia~ie~, of Ntrlhern Trust Corpora.on. Chicago. Northern Trust B nk of Florida 700 Brickell Avenue, Miami, Florida 33131-2881 Tel.: (305) 789-1300 Telex: I.T.T. 441180 * S.W.I.F.T. CNOR U$3M PAGE 2/2 LC REFERENCE: S207152 SPECL~L CONDITIONS: THIS LE'I-fER F CREDIT SHALL BE VALID UNTIL MAY [7TM, 2000 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE, UNLESS AT LEAT (60) SIXTY DAYS PRIOR TO ANY SUCII ANNIVERSARY DATE, TIlE ISSUER NOTIFIES TItE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. PARTIAL DRAWINGS ARE NOT PERbIITTED. PRESENTATION OF DRAFTS DRAWN MUST BE PRESENTED AT OUR OFFICE AT 700 BRICKELL AVENUE. MIAMI. FLORIDA 33131-2881 NOT LATER TIIAN MAY I'7TH. 2000. DRAFTS MUST BEAR THE CLAUSE "DRAWN UNDER TI-IE LETTER OF CREDIT NO. S207I 52 OF NORTIlER,"/TRUSI' BANK OF FLORIDA, DATED NIARCH 20TH, 2000. WE IIEREBY AGREE WITII TIIE DRAWERS, ENDORSERS, AND BONAFIDE IIOLDERS OF ALL DRaXF'I'S DR,kWN UNDER AND IN COMPLIANCE WITH TERMS OF Tt[IS CREDIT, THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO TIlE DILAWEE. EXCEPT AS OTIIERWISE EXPRESSI.Y STATED IIEREIN, THIS IRREVOCABLE LE'ITER OF CREDIT IS SUBJECT TO TIlE U'NIFORM CUSTOMS AND PIL,\CTICE FOP, DOCUMENTARY ~.._CREDITS. ESTABLISHED BY THE INTERNATIONAL CHAMBER OF CONLMERCE (ICC500), ,\S EFFECT ON TIlE DATE OF ISSUANCE OF THIS CREDIT NO~.~JE'RN TRUST BANK OF FLORIDA Northern Trus~ of Florida Corporal,on and Northern Trusl Bank ¢~ Florida N.A. are wholly owned subsidiaries of Northern rrus~ Corporalran, Chica$o. Executive Summary Leawood Lakes Page £ 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) Authorize the release of the existing security and return of the current Construction and Maintenance Agreement. PREPARED BY: John R. Houldsworth Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert ~/Mulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP Administrator Community Development & Environmental Services Date Date Date Community Der. and Environmental Svcs. DIVISION AGENDA ITEM MAY 2 3 2000 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO CONTINUE PARTICIPATING IN THE SURFACE WATER QUALITY MONITORING OF BIG CYPRESS BASIN, COLLIER COUNTY OBJECTIVE: To have the Board of County Commissioners approve the attached contract with the South Florida Water Management District (Agreement Number C-11752). CONSIDERATIONS: The scope of the agreement complies with and is consistent with the Pollution Control & Prevention Department's efforts relative to surface water quality monitoring and contributes to implementation of objectives and policies of the Growth Management Plan. With this agreement, Pollution Control & Prevention Department, and South Florida Water Management District (SFWMD) agree to continue cooperating in the surface water quality monitoring network and sharing of water quality monitoring data as a part of the Integrated Water Quality Monitoring Consortium (Exhibit I). Agreement requirements are listed in the attached Agreement C-11752. SFWMD agreed to compensate all the cost associated with this contract up to $50,000.00. County staff shall provide quarterly reports and a comprehensive data summary at the completion of the said project. FISCAL IMPACT: SFWMD will fund the County up to $50,000.00 for the work conducted. Funds and associated expenditures up to $10,000.00 were budgeted and incorporated in Fund (114), Cost Center 178975 for the Fiscal Year 99/00. Additional revenue of $40,000.00 is to be expected in FY 99/00 including purchase of additional lab/field instrumentation including an auto-analyser, safety equipment, supplies and personnel. GROWTH MANAGEMENT IMPACT: Approval of this agreement will significantly contribute to the implementation of many of the goals of the Conservation and Coastal Management Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Agreement C-11752 with the South Florida Water Management District (SFWMD) which will provide the County with funds; not to exceed $50,000.00 for the FY99/00, and authorize the Chairman to execute the contract effective November 1, 1999. A~NOA MAY 2 3 / Executive Summary Agreement C- 11752 Page -2 - (2) Authorize staff to process budget amendment to reflect the final agreement amounts. (3) Authorize staff to recruit part-time staff if necessary for the implementation of Agreement C-11752 PREPARED BY: ,,~_ .~~ Date: ~R.~ymoff"d Smith Chief Environmental Specialist REVIEWED BY: APPROVED BY: G. George Yilmaz, Ph.D., P.E., P.H., R.EP. Director n Control & Prevention Department T,~~._ _~ ~ Date: /qi~acent ~.~2autero, AICP, Administrator Community Development & Environmental Services Division GY:jtg: executive summary Attachment ~A ITEM MAY T W ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT TE dTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DIS...~CT (hereinafter referred to as DISTRICT) HEREBY ENTERS LN-YO THIS AGREEMENT WITH: Name: COLLLIER COUNTY BOARD OF COUNTY C-11752 COMMISSIONERS M/WBE Goal: 0% Address: POLLUTION CONTROL .aND PREVENTION DEPARTMENT COST SHARING INFORMATION 3301 E. Tamiami Trail Total Project Cost: $ 50,000.00 Naples, FL 34112 Project Manager: George Yilmaz. Ph.D., P.E. Telephone No: (941) 732-2502 COUNTY Contribution: $ In Kind Services as specified in Fax No: ( ) the Statement of Work Hereinafter referred to as: COUNTY PROJECT TITLE: WATER QUALITY MONITORING IN BIG CYPRESS BASIN The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "I" Not Applicable Exhibit "C" - Statement of Work Exhibit "J" Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable Exhibit "G" - Key Personnel TO'LaL, DISTRICT CONSIDERATION: $50,000.00 AGREEMENT TYPE: Not-to-Exceed Mr ';ar Funding (If Applicable) FisL ehr: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: Nov. l, 1999- Sept. 30. 2000 EFFECTIVE DATE: November 1, 1999 District Project Manager: Clarence Tears District Contract Administrator: Telephone No: (941) 597-1505 Jim Robinson (561)682-6373 Fax No. (941) 597-4987 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THt; COUNTY AT: COLLLIER COUNTY BOARD OF COUNTY South Florida Water Management Distact COMMISSIONERS 3301 Gun Club Road POLLUTION CONTROL AND PREVENTION DEPARTMENT West Palm Beach, Florida 33406 3301 E. Tamlatin Trail Attention: Procurement Division Naples. FL 34112 Attention: George Yilmaz. Ph.D., P.E. IN WITNESS X¥~qEREOF, the authorized representauve hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. COLLLIER COUNTY BOARD OF COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT COMMISSIONERS Accepted By: Accepted By: Signature of Authorized Representative Jock C. Merriam, Deputv Executiv Date ., S F"~rm~/PR OC L~-E~N V APPROVED SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts. analytical theories, computer pro,ams and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page I of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocauons for each DISTRICT fiscal year indicated on Page 1 of this AGII!~.k'~IENT. Funding for each applicable fiscal year of this AGRF~g'MENT is subject to DISTRICT Coveming Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in Page 1 of 9. Exhibit "B" this AGREEMENT to the contrary.. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, cerufies to truth-in-negotiation. specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjusmaent within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page 1 of this AGREEMENT. The COUNTY shall not subtrot invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices.I~ Contract File:\County.doc 02110100 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the COUNTY to follow the foregoing instructions and subrmt acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted ~-resolution or action. The Project Managers shall be ;ponsible for overall coordination and oversight elating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract AdmirListrator specified on Page 1 of the AGREEMENT. .all formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury, and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereoff The COUNTY warrants and represents that it is self-funded for Workefts compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to'identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If either party fails to fulfill its obligations under this AGR£EMENT in a timely and proper manner, the other party shall have the right to terminate this AGRE!Z, MENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulti ~g par~(~'5~, Page 2 of 9, Exhibit "B" Contract File:\County.doc ?d 10/00 og.____~.~ .... SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity,. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such terrmnation shall be effected by delivery. to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or pan of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Govermng Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property.. This provision shall not shift responsibility, for loss or damage, including but not limited to, lost profits or consequenUal damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further wxitten direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on Page I of this AGREEMENT. In the event such COUNTY ma[ching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impanial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: Page 3 of 9, Exhibit "B" A. Maintenance of Records: The COUNTY shall maintarn all financial and non-financial records Contract File:\County.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related to the negotiation'or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final pa.vment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availabilitw of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the .... ~al disposition of the legal dispute, and all such zords shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) andlor successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this .aGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assi=munents or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or ternunation. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence.l . Page 4 of 9, Exhibit "B" Contract File:\County.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the propr/etary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assi~s, shall comply with all applicable federal, state. and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COU.'NTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREFMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or matehals furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, ~ft, or other consideration contingent upon or resulting from the awarding or making of this AGREF~MENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, ~ft, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Page 5 of 9, Exhibit "B" Conn'act File:\County.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENEILS, L TERMS AND CONDITIONS Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice-of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT, Any attempted assignment in violation of this provision shall be void. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining pernuts shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary pernuts in a timely manner, either party may elect to terminate this ~-4GREEMENT, each party to bear its own costs, ,twithstanding other provisions of this . ,GREEMENT to the contrary. 8.9 Pursuant to Secaon 216.347, ES., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.4 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a ~mmrantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MFvVBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in M/WBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - YEAR 2000 COMPLIANCE 9.2 It is the intent and understanding of the Parties ~t. hat this AGREEMENT is solely for the benefit of the In the event that the COUNTY's pefformanc~~ ag 'i,~,,~j~'i~;:~_M~' required by this AGREEMENT, involves thl!i use., //_ /'~1C2 Page 6 of 9, Exhibit "B" ~ ' ;:.. ~ Contract File:\County.doc 02/~/00 ~_. SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 11 shall apply: 11.1 COUNTY represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, COUNTY further represents and warrants: 1) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data centmy recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the centmy; and 3) that the software, f'm'nware and/or hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and mampulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firrnware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, Page 7 firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware. (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any 'kind previously developed by the COUNTY or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the COUNTY shall accept the return of the software, firmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terrmnate any and all applicable Schedules and/or License Agreements. Further, the COUNTY shall refund to the DISTRICT the full amount of the License Fee actually paid to the COUNTY for the software; and, in the case of hardware return, the COUNTY shall refund to the DISTRICT the full amount of the hardware actually paid to the COUNTY by the DISTRICT. In addition to the foregoing, the COUNTY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article 11, in its entirety, shall survive the expiration or termination of this AGREEMENT. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall nlbe of 9, Exhibit "B" Contract File:\County.doc 02/1i00 // SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS held liable for any failure or delay in the performance of this AGREEMENT that arises from t~'es, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused dunng the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. .3 Failures or waivers to insist on strict ~,fformance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its fights or remedies, nor shall it relieve the other party from performing any subsequent obligations sthcfiy in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the pames with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parues, their respective assigns, and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and reqmred personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chermcal product used. 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful worlang conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The COUNTY shall initiate and maintain Page 8 of 9, Exhibit "B" Contract File:\County.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS accident prevention program which shall include, but shall not be limited to, establishing and supervising pro,ams for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, matehals, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and COUNTY shall be responsible for handling these chermcal constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, Mound waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety, of all persons and property on or about the site. 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13. i I Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use pe~oleum products, hazardous chemicals, or any other chemicals used on or about the site, the Page 9 of 9, Exhibit "B" Contract File:\County.doc 02/I 3.0 WORK BREAKDOWN STRUCTURE [he County shall collect and analyze surface water quality samples, on a monthly basis for 12 months at the areas and locations specified below. These areas and/or locations may be modified by the project managers with mutual agreement, however, any change to this Statement of Work shall be .mutually agreed to in writing through execution of an amendment to this Agreement. Area 1: Six estuarine locations proximal to salt water barriers at Cocohatchee River 10 Naples Bay BC 1 Haldeman Creek BC5 Henderson Creek BC6 Faka Union Canal 110 Barron River Canal 136 Area 2: ~rea 3: 15 complementaN inland locations in the contributing drainage basins of the water bodies mentioned under Area 1. BC2 BC9 BC14 BC3 BC10 BC15 BC4 BC 11 BC24 BC7 BC12 BC25 BC8 BC13 BC26 Monthly sampling and analysis at 22 locations in the Big Cypress Basin. Monthly- 22 73 BC19 111 BC20 21 BC21 22 63 23 BC22 BC16 82 BC17 BC23 153 114 152 141 154 45 BC18 43 All samples collected at all sites shall be analyzed for the analytes listed under the consolidated parameter list below. shall oversee scheduling, personnel, and QA/QC, as well as communicate with the Basin/District. Page 2 of B, Exhibit "C", Agreement No. C-11725 The County's Project Manager shall be Dr. G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., who generate all reports and EXHIBIT "C" STATEMENT OF WORK Water Quality Monitoring of Drainage Basins and Receiving Waters in the Big Cypress Basin 1.0 INTRODUCTION The coastal waters of Southwest Florida play an important role in the social and economical wellbeing of a region with rapid population growth. These sensitive coastal waters are home to numerous species of manne food web and fisheries that provide year long recreational and commercial boating and fishing opportunities. In Collier County, however. there is little known about the relationship of the water quality of catchment areas and their receiving waters, in terms of pollutant concentrations, trends and loading rates. The Collier County Pollution Control and Prevention Department (County) proposed implementing a long-range (5 years) estuanne water quality monitoring program supplemented bv the County's on-going water quality monitoring in she ~nner catchment areas of those receiving waters. The Big Cypress Basin Board (BCBB), at its meeting on June 26, 1998, approved funding an initial project under the Basin's Water Resource Projects cooperative funding initiative. The program is also supplemented by the extension of the South Florida Estuanne Water Quality Monitonng Network from Cape Romano to Estero Bay conducted by the Florida International University under the South Flonda Water Management Distnct's Cooperative Water Quality Monitonng Program in Fiscal Year 1999. For Fiscal Year 2000, the County has proposed modifying the program by adding 15 additional locations and changing the spatial and temporal distribution of sampling. 2.0 SCOPE OF WORK This project shall involve collecting and analyzing water quality samples at six canal outfall sites in the Big Cypress Basin (Basin) estuanne systems and 15 complementary. inland locations on a monthly basis from which loading rates can be calculated. The County shall provide the field staff to collect the required samples and shall use the Countv's analvtical laborator.v for sample analysis. The County field staff shall be certified through Florida Department of Environmental Protection (FDEP) training to collect water quality samples. The County operates under a FDEP approved CompQAPlan and the County's analytical laboratory is currently certified through the FDEP and Florida Department of Health. The scope of in-kind work for the County's share of the cooperative funding for the project shall involve collecting and analyzing water quality samples on a monthly basis at 22 sites in the Big Cypress Basin. The specific locations of the monitonng stations shall be jointly determined by staff from the Distnct's Big C.vpress Basin office and County project managers. Page I of 3. Exhibit "C". Agreement No. C-11752 4.0 DELIVERABLES he County shall provide quarterly data reports for four quarters. At the end of the fourth quarter the County shall also provide a comprehensive data summar.;' and an assessment of the project. Consolidated Parameter List - CPL Laboratory Parameters Methods Zinc SM 3111 B Ammonia EPA 350.3 Lead SM 3113 B Total Phosphorus SM 4500 PE Turbidity SM 2130 B Ortho Phosphate SM 4500 PE Chlorophyll-a SM 10200 H Nitrate SM 4500 NO,. Nitrate SM 4500 NO.~ Total Suspended Solids SM 2540 D Arsenic SM 3113 B Calcium SM 3111 B Dissolved Oxygen SM 4500 OG Magnesium SM 3111 B Fecai Coliform SM 9222 D Total Coliform SM 9222 B Cadmium SM 3113 B Fluoride SM 4500 F-C Chloride SM 4500 CI-C Iron SM 3111 B Phaeophytin SM 10100 H Sulfate EPA 375.4 BOD SM 5210 B Chromium SM 3113 B Ammonium EPA 350.1 NOx EPA 353.2 Total Organic Carbon EPA 415.1 Total Nitrogen EPA 353.2/ EPA 351.2 Color EPA 110.2 Field Parameters DO Temperature Salinity pH Secchi Disk Pa-~e 3 of 2, Exhibit "C". Agreement No. C- 11725 EXHIBIT "D" SCHEDULE OF DELIVERABLES AND PAYMENT Water Quality Monitoring of Drainage Basins and Receiving Waters in the Big Cypress Basin 1.0 DELIVERABLES The County shall provide quarterly data reports for four quarters. At the end of the fourth quarter the County shall also provide a comprehensive data summary and an assessment of the project. 2.0 PAYMENT SCHEDULE The County project manager shall venfv in writing that the work has been completed. The County shall submit three invoices in equal quarterly installments in the not-to-exceed amount of Twelve Thousand Five Hundred Dollars t$12,500.00) following delivery of each quarterly data report. A final invoice in the not-to-exceed amount of Twelve Thousand Five Hundred Dollars ($12.500.00) shall be submitted upon project completion and submission of the comprehensive data summary and assessment of the project. Each invoice shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not-to-exceed budget, including, but not limited to, copies of approved timesheets. payment vouchers, expense reports, receipts and any subcontractor invoices. Page I of 1, Exhibit "D", .Agreement C-11752 EXHIBIT "G" KEY PERSON~NEL Water Quality Monitoring of Drainage Basins and Receiving Waters In the Big Cypress Basin 1.0 PERSONNEL IDENTIFIED The County agrees that the following person(s) shall provide services under this Agreement: George Yilmaz, Ph.D., P.E., P.H., R.E.P. The services of the person(s) listed above are a substantial inducement and material consideration for this Agreement. In the event such person(s) can no longer provide the services required by this Agreement, the County shall immediately notify the District in writing and the District may elect to terminate this Ag-reement without any liability to the County for unfinished work product. The County may propose a replacement for the person(s), subject to the optional approval of the District. The District, in its judgment, may elect to compensate the County for any unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. Page 1 of 1. Exhibit "G", Ag-reement C-11752 EXECUTIVE SUMMARY JOINT PARTICIPATION AGREEMENT (JPA) AND RESOLUTION AUTHORIZING THE PUBLIC TRANSPORTATION MANAGER TO ENTER INTO, MODIFY OR TERMINATE THE AGREEMENT. OBJECTIVE: To approve the attached JPA (number 405805) and resolution authorizing the Public Transportation Manager to enter into, modify or terminate the agreement and applicable documents. CONSIDERATION: On February 22, 2000 the Collier County BCC authorized the Chairman to execute a Federal Transit Administration grant application requesting funds for operating and administrative expenses associated with the provision of public transportation services in the rural areas of Collier County. Funds from this grant will be made available once the Florida Department of Transportation receives and executes the attached agreements. The agreements must be accompanied by a resolution approving the agreement and authorizing execution. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONThat the Board approve the agreement, authorize the Public Transportation Manager to inter into, modify or terminate the attached Joint participation Agreement, and appr~y~ any budget amendments necessary to receive and use these funds. PREPARED BY: ~/c~'-~_ ~/0'.~/~'~ Date: ~/~ David P. Hope, Publi~Transpo~ation Man[ge/ Collier County Metropolitan Planning Organization REVIEWED BY: ~~~ Date:~-~ -~ GAVIN JONES, P.E., REVIEWED BY: ./Z~¢~ Date: ~"- g/ - 4r-2' --ROBERT MULHERE, AICP, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES IAY 2 3 2000 JEB BUSH GOVERNOR Florida Department of Transportation TI1OMAS F. BARRY, JR. SECRETARY Mr. David Hope, Public Transportation Manager Collier County Metropolitan Planning Organization Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 Re: Joint Participation Agreement Item-Segment-Phase-Sequence Number: Federal Number: FL-18-X015 County: Collier Dear David: March 16, 2000 405805 1 84 01 Attached are four (4) copies of a Joint Participation Agreement (JPA) providing for Department participation in the above referenced project. Please execute and return three (3) copies of the agreement in accordance with the attached check list. Do not date the agreements. The fourth (4th) copy is for your records. Please note paragraph 8.30 of the JPA entitled "Disallowed Costs". Do not incur any costs to this project until you receive a fully executed JPA from this office. Failure to comply with this provision is cause for nonparticipation by the Department. Also, please note paragraph 18.10 entitled "Final Invoice". This paragraph establishes a time frame for submitting the final invoice for the project. If you require additional information or have any questions, please feel free to contact this office. Sincerely, John W. Starling ~ District Public Transportation Manager JWS :FCT: mea Attachments (h:jpaxltr2.col) District One, Public Transportation Office 801 North Broadway Avcnue*Post Office Box 1249*Bartow, FL 33831-1249 (941)519-2386'(941)534-7172 (Fax)*MS 1-39 www@dot.statc. fl.us 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 z5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE PUBLIC TRANSPORTATION MANAGER TO ENTER INTO, MODIFY OR 'IERMINATE THE JPA WITH THE FDOT UNLESS SPECIFICALLY RESCINDED. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes anWor by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 405805 I 84 01 is approved. That David P. Hope, Public Transportation Manager, Collier County Metropolitan Planning Organization, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS DAY OF SECOND AND MAJORITY VOTE FAVORING SAME. 2000 AFTER A MOTION, ATTEST: COLLIER COUNTY BOARD OF COUN'I~ COMMISSIONERS By: Dwight E. Brock, Clerk By: Timothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert ZacharY,, Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 725-030-06 PUBLIC TRANSP ADMIN 06~99 Page I of 12 ITEM-SEGMENT-PHASE-SEQUENCE 405805 1 84 01 Contract No: AI077 Fund: 010 Function: 680 Federal No: FL-18-X015 Catalog of Federal Domestic Assistance Number: 20.509 SAMAS Approp: 088774 SAMAS Obj.: 790004 Org. Code: 55012020129 Vendor No: VF596000558-102 THIS AGREEMENT, made and entered into this day of , 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, andCollier County Board of County Commissioners 3301 E. Tamiami Trail, Building F, Naples, Florida 34112 hereinafter referred to as the AGENCY. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 (1) (a) Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the Agency's operating and administrative expenses associated with the provision of public transportation services in rural areas of Collier County; specifically, a "pilot project" where there has been no service in the past, and as referenced in the Agency's Application for Federal Assistance dated February 1, 2000, on file in the Department and as further described in Exhibit(s). A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030~6 ?UBL[C TRANSP ADMIN O6/99 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $107,916.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingeg. in the project in the amount of $ 53,958.00 as detailed in Exhibit "B", or in an amounL ~.tual to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. date of 4.10 Project Cost Eli~bility: Project costs eligible for State participation will be allowed only from the effective this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (xx) (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (xx) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. FORM PUBLIC TRANSP ADMIN O6/99 Pagc 3 or 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Co~hptroller. - 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project ~count, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. ' _ FORM ?25430-06 PUBLIC TRANSP ADMIN 06/99 Page 4 of 12 7.60 Audit Reports: All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. Andits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 1.0.600, Rules of the Auditor Generhl. ' - For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection form~ ~hall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility.. In the event this Agreement is for purchase of land or for the construction of infrastructure such as.ai..rport run~ .da~ Department may waive'o? modify this section with an Exhibit "C" ~ ~ .......· ~ 7_~ FORM 725-030-06 PUBLIC TRANSP ADMIN 06/99 Page 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, DistrictOne Public Transportation Office Bartow Florida,. 33831-1249 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 (1) (2) (3) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Depaitment or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 herein; or Conflict of Interests: There has been any violation of the conflict of interest provisions contained 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. ~ . 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of susp~ .nsj,0ff"iS~ termination of federal financial assistance, the Agency will reimburse the Department fo~ all d!salloCved costs. .... 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all.projects FORM 725-030~06 PUBLIC TRANSP ADMIN 06/99 Page 6 of 12 costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in thr approved budget for the project, and costs attributable to goods or services received under a contract or other arrang, which have not been approved in writing by the Depa~unent. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency.owing such amount if, upon demand, pay~nent of the amount is not made within sixty (60) days to the Department. Of(setting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep tO. the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the '~t activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; a. ,3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors-t0. pe ~rmit~,~'"' Department's authorized representatives to inspect all work, materials, payrolls, records; and to audi~ the books, records and accounts pertaining to the financing and development of the project. ?~ .... 12.00 Contracts of the Agency: _ 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Ag.e.,n~'s, not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project .without the written approval of the Department. Failure to obtain such approval shall be sufficient FORM T25 ~030--06 PUBLIC TRANSl) ADMIN' O6199 Page ? of 12 ,' '~.ause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself -the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the SalTle o 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provis~ns of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall . not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the '~gency pursuant ~hereto. . - 13.30 title VIII- Civil Rights Act of 1968~-Execution of ibis Join~ Participation Agr~ee~n~ consiithte~ a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil :Right'~"'Act-of--1968, 42 use 3601,et seq., which among other things, prohibits discrimination in housing on the basis of [ace, color, ,na~tio,0~l FORM 725-03(N06 PUBLIC TRANSP ADMIN 06/99 Page 8 of 12 origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement const:~tutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of {.he federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13;50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be 'm~luded in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have. any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. ,' 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency 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 Agency, 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. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid ar 'xo,~ agrees not to pay, any bonus or coinmission for the purpose of obtaining an approval of its application ,for the fi~ _.ng[ observe or enf6rce' 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency?to FORM 725-030-06 PUBLIC TRANSP ADMIN 06199 Page 9 of 12 ,mpliance with any provision thereofl perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Deparlanent in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful.life of such facilities and equipment as d~termined in accordance with general accounting principles and approved ~y the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14,71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold /~"~ xrmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or .xpense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) 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 contract, verbal or written, made 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 (1) 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. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total' appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and i contracting for such amounts and the bonds of such members of said boards also shall be liable for the exceS~'] indebtedness so contracted for. Section 129.07, Florida Statutes._ 1;i. ,"_ ~::~/r/~.i',~ When either party receives a notice of claim for damages that may have been caused by!the other .party4n?e performance of services required under this Agreement, that party will immediately forward the claim tb the 'othe~ pa~y. .. ,.. l FORM T2.5-030-06 PUBLIC TRANSP ADMIN 06/99 Page 10 of 12 Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will: qy discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans. and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerni_ng any remainder of the project deemed-appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "~' ~he Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which. ~ts terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made 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 1 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; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2001 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District One . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the f'mal invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum, No counterparts, each of which so executed shall be deemed to be an original,' and such counterparts t(}~ifi~r, shall constitute one in the same instrument. FORM 725-030-06 PUBLIC TRANSP ADMIN 06/99 Page I I of 12 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification .of any federal contract, grant, loan or cooperative agreement. -- If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or 'an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) 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 nspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. i'he 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. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)Co) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as def'med by role. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency 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 Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "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 datd'of being place,~' $n the convicted vendor list." FORM T2S4)3B-86 PUBLIC TILKIqSP ADMII4 ?age 12of12 YFEM-SEGMENT-PHASE-SEQUENCi 405805 1 84 01 Contract No. AI077 Agreement Date IN WITNESS Wtt~REOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY: COLL1ER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARllVIENT OF TRANSPORTA'I1ON BY: TITLE: (SIGNAllYRE) Timothy. J. Constantine O'Yt'ED NAME) Chairmark Collier County BCC See attached Encumbrance Form for date of Funding Approved by Comptroller APPROVED AS TO FORM, LEGALITY ATI'ORNEY (DATE) DEPARTMENT OF TRANSPORTATION A'ITEST: .(SEAL) DISTRICT SECRETARY (DALE) OR DIRECTOR OF PLANNING AND PROGRA~IS TITLE: AITEST: EXECUTIVE SECRF. TARY OR NOTARY ~i~t~nt nty Attorney ITEM-SEGMENT-PHASE-SEQUENCE 405805 1 84 01 CONTRACT NO. AI077 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 E. Tamiami Trail, Building F, Naples, FL 34112 dated PROJECT LOCATION: Rural Collier County PROJECT DESCRIPTION: Operating and administrative expenses associated with the provision of public transportation service in rural areas of Collier County; specifically, a "pilot project" where there has been no service in the past, and as referenced in the Agency's Application for Federal Assistance dated February 1, 2000, on file in the Department. SPECIAL CONSIDERATIONS BY THE AGENCY: At least 30 days before service is expected to begin, the Agency shall submit a project scope to the Department for written approval, including: 1) the start date; 2) route configuration; 3) hours of operation and timetable; 4) number of vehicles to be operated; 5) estimated daily mileage; 6) name of service provider; 7) passenger fare information; 8) estimated ridership at start of service; 9) ridership goals; 10) hourly cost of service; 11) total estimated cost of service; 12) the Department's share of the cost on an hourly basis, and 13) information about matching funds. Pursuant to the Department's approval of the scope of services, the Agency shall provide or contract for service that is open to the general public without advance reservation and undertake an agressive marketing campaign to build ridership. A ridership report / project invoice, in a Department-approved format, shall be submitted monthly to the Department by the Agency, within 30 days following the invoicing period. The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Item-Segment-Phase-Sequence and the Catalog of Federal Domestic Assistance number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY THE DEPARTMENT: The Department shall provide written approval of the scope of service before it begins. If applicable, the eligible project period may be extended by letter from the Department upon a written request from the Agency. May 1997 ITEM-SEGMENT-PHASE-SEQUENCE 405805 1 84 01 CONTRACT NO. AI077 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 E. Tamiami Trail, Building F, Naples, FL 34112 dated .. PROJECT COST: Operating and Administrative expenses associated with the provision of public transportation services in rural areas of Collier county; specifically, a "pilot project" where there has been no service in the past. $107,916.00 TOTAL PROJECT COST: $107,916.00 II. PARTICIPATION: Maximum Federal Participation FTA, FAA (N/A%) or Agency Participation In-Kind ( N/A% ) or Cash ( N/A% ) or Other ( 50 %)or $ N/A $ N/A $ N/A $ 53,958.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) ( N/A % ) or Federal Reimbursable (DU)(FRA)(DFTA) ( 50% ) or Local Reimbursable (DL) ( N/A% ) or TOTAL PROJECT COST $ N/A $ 53,958.O0 $ N/A $107,916.00 1 of 2 MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 May 1997 EXHIBIT "C" ITEM-SEGMENT-PHASE-SEQUENCE 405805 1 84 01 CONTRACT NO. AI077 This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County. Commissioners, 3301 E. Tamiami Trail, Building F, Naples, FL 34112 dated N/A This Agreement is in conformance with 49 U.S.C. Section 5310 of the Federal Transit Act of 1991 as amended and Section 341.051(1)(a) Florida Statutes. The Section 5310 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5310 funds. X This Agreement is in conformance with U.S.C. Section 5311 of the Federal Transit Act of 1991, as amended and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 653 and 654. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shalI have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has >erformed annual safety inspections of all buses operated. 1 of 3 May 1997 Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department · shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. N/A 2. Other contracts less than excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. Required Submittals SUBMITTAL/CERTIFICATION RESPONSIBILITY X Procurement Requests X Safety Compliance X Specifications X Invoices X Audit Reports X Project Progress Reports (In Department approved format) Agency Agency Agency Agency Agency Annually During Life of Project Agency Annually During Life of Project 2 of 3 May 1997 x x Section 5311 Certification The Agency shall require the independent auditor, retained to perform the audit as required by the single Audit Act of 1984, to specifically test and certify that services funded by the program were provided in non-urbanized areas, that there was no restriction' on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the -- approved project budget (EXHIBIT B). Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 3 of 3 May 1997 EXECUTIVE SUMMARY JOINT PARTICIPATION AGREEMENT (JPA) AND RESOLUTION AUTHORIZING THE PUBLIC TRANSPORTATION MANAGER TO ENTER INTO, MODIFY OR TERMINATE THE AGREEMENT. OBJECTIVE: To approve the attached JPA (number 204786) and resolution authorizing the Public Transportation Manager to enter into, modify or terminate the agreement and applicable documents. CONSIDERATION: On February 22, 2000 the Collier County BCC authorized the Chairman to execute a Federal Transit Administration grant application requesting funds for operating and administrative expenses associated with the provision of public transportation services in the rural areas of Collier County. Funds from this grant will be made available once the Florida Department of Transportation receives and executes the attached agreements. The agreements must be accompanied by a resolution approving the agreement and authorizing execution. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the agreement, authorize the Public Transportation Manager to inter into, modify or terminate the attached Joint participation Agreement, and approJeemny budg~et amendments necessary to receive and use these funds. PREPARED BY: ~.//)~p~/t~/r].~ Date: DaVid P. Hope,'PublyTransportation Man,4.g~'rr Collier County Metropolitan Planning Organization REVIEWED BY: ;~.~~ Date: ~-~-0O Gf(VIN JONES, P.E., TRANSPORTATION PLANNING MANAGER REVIEWED BY: /,~/~."~ -----. Date: -- f ROBERT MULHERE, AICP, /q//7. P n A~_.~ G S E/~,~~RECTOR APPROVED BY: ~ ~"("' ~"','~"-~ Date: ~'-'"- VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAY g 3 ZOO0 .g. t,/ - ~ I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 · 39 40 41 42 43 45 46 47 ¢8 RESOLUTION NO. 2000-- A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE PUBLIC TRANSPORTATION MANAGER TO ENTER INTO, MODIFY OR TERMINATE THE JPA WITH THE FDOT UNLESS SPECIFICALLY RESCINDED. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 204786 1 84 01 is approved. That David P. Hope, Public Transportation Manager, Collier County Metropolitan Planning Organization, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS DAY OF SECOND AND MAJORITY VOTE FAVORING SAME. , 2000 AFTER A MOTION, ATrEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Dwight E. Brock, Clerk By: Timothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert Zachary,/Assmtant County Attorney RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FI)OT) AND AUTHORIZING THE PUBLIC TRANSPORTATION MANAGER TO ENTER INTO, MODIFY OR TERMINATE THE JPA WITH THE FDOT UNLESS SPECIFICALLY RESCINDED. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a IPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 204786 1 84 01 is approved. That David P. Hope, Public Transportation Manager, Collier County Metropolitan Planning Organization, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS DAY OF SECOND AND MAJORITY VOTE FAVORING SAME. ,2000 AFTER A MOTIO,,, ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Dwight E. Brock, Clerk By: Timothy J. Conslantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: R~ssistant County Attorney JEB BUSIi GOVERNOR Florida Department of Transportation TIIOMAS F. BARRY, J!~ SECRETARY March 16, 2000 Mr. David Hope, Public Transportation Manager Collier County Metropolitan Planning Organization Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 Re: Joint Participation Agreement Item-Segment-Phase-Sequence Number: Federal Number: FL-18-X018 County: Collier 204786 1 84 01 Dear David: Attached are four (4) copies of a Joint Participation Agreement (JPA) providing for Department participation in the above referenced project. Please execute and return three (3) copies of the agreement in accordance with the attached check list. Do not date the agreements. The fourth (4th) copy is for your records. Please note paragraph 8.30 of the JPA entitled "Disallowed Costs". Do not incur any costs to this project until you receive a fully executed JPA from this office. Failure to comply with this provision is cause for nonparticipation by the Department. Also, please note paragraph 18.10 entitled "Final Invoice". This paragraph establishes a time frame for submitting the final invoice for the project. If you require additional information or have any questions, please feel free to contact this office. Sincerely, John W. Starling District Public Transportation Manager JWS:FCT:mea Attachments (h :jpaxllrl .¢ol) District One, Public Transportation Office 801 North Broadway Avenue*Post Office Box 1249*Bartow, FL 33831-1249 (941)519-2386'(941)534-7172 (Fax)*MS 1-39 www@dot.s~te. fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TR,4~SPORTATION JOINT PARTICIPATION AGREEMENT FORM 72~-030-06 PUBLIC TRANSP ADMIN O6/99 Page ! of 12 ITEM-SEGMENT-PHASE-SEQUENCE ;~04786 I ~4 O1 Contract No: Fund: Of 0 Function: 680 Federal No: FL-18-X018 Catalog of Federal Domestic Assistance Number: 20.~09 SAMAS Approp: 088774 SAMAS Obj.: 790004 Org. Code: 55012020129 Vendor No: VF596000558-102 THIS AGREEMENT, made and entered into this day of ,19__, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County_ Board of Coun _ty Commissioners ~301 E. Tamiami Trail. Building F, Naples. Florida 34112 hereinafter referred to as the AGENCY. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Depa~-anent has been granted the authority to function adequately in all areas of approl~riate jurisdiction including the implementation of an integrated and balanced transportation system and is aut~d under 3.41.051 (1) (a~ Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Depaxanent's participation in the Agency's operating and administrative expenses associated with the provision of public transportation services in rural areas of Collier County; specifically, the Immokalee "Circulator" and the Lmmokalee to Naples "Shuttle" as described in the Agency's Application for Federal Assistance dated February 1, 2000, on file in the Depamnent and as further described in Exhibit(s) A.B. and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM ~ PUBLIC TP. ANSP ADMIN 06/99 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, p. ermit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter in~o this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submi~,~ion of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 201,200.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, i~lcluding contingencies, in .ae project in the amount of $ I00,600.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. date of 4.10 Project Cost Eligibility: Project costs elig~le for State participation will be allowed only from the effective this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Depa~i,nent approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (xx) (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (xx) (is not) applicable. If applicable, N/A percent of the Deparunent's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. FORM 725-O3O-O6 PUBLIC TRA~SP AD~ O6/99 Pag~ 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shah be effectWe unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Cor~ptroller. - - 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Depa~iment upon request any time during the period of the Agreement and for three years after final payment is made. ~ 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the proiect account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporat? II payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing. , or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Depa~hs~ent. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Depa~iment shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. FORM 725-O30-06 PUBLIC TRANSP ADMIN O6/99 Pag~ 4 of IZ 7.60 Audit Reports: All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. Aadits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 1.0.600, Rules of the Auditor General. ° For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shah be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. , Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of thi.q Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. in the event this Agreement is for purchase of land or for the construction of infrastructure such as-~atrport Depa~m~ent may waive or modify this section with an Exhibit "C". ~ _.~~ FORM 725-030-06 PUBLIC TRANSP ADMIN O6/99 Pa~¢ 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Depathnent of Transportation, DistrictOne Public Transportation Office Bartow Florida, 33831-1249 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify_and support the payment requisitions. .._ 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Depatiment may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 (1) (2) (3) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will hot :h requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the proj~._. and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Depa~iment or has made related expenditures or incurred related obligations without having been advised by the Depapment that same are approved; 8.24 herein; or Conflict of Interests: There has been any violation of the conflict of interest provisions contained 8.25 Default: The Agency has been determined by the Depathnent to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal f'mancial as xce to the project suspends or terminates federal financial assistance to the project. In the event'Of-' ~...~)'Y' termination of federal financial assistance, the Agency will reimburse the Department for all Jdisal[o~wed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will ixcl~de,'al~p3ro~ costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work Or services done under any_public transportation joint participation agreement which it has with the Agency._owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Depa~anent. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termma' tion or Suspension Generally: ff the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeas~le, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Depa~ianent may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minirotan the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Depa~hnent or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remi.qsion of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contracto~.~rs~to p.e~it, Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the,boo~ts~' and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: " 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Departmlnt, the A_g._. hall 'not execute any contract or obligate itself in any manner requiring the disbursement of Deparmaent joi~irtieipm-~c,a including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Depaxtment. Failure to obtain such approval shall be sufficient FORM 725-63O-O6 PUBLIC TRANS1~ ADM1N O6/99 Page 7 of 12 cause for nonpayment by the Department as provided in paragraph 8.23. The Depadment specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employmen, same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or su_rveying services, is contingent on the Agency complying in full with provis_i_ons of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Depaxtment in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Depatbtlent funds under this Agreement. The DBE requirements of 49 CFR Part 23, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have the maximtun opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Bv~ness Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients a( ~.ir contractors shall not discriminate on the basis of race, color, national origin or sex in the award and peffot,..mce of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportnmity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take afTtrmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Depati,nent of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agre~ certification that the Agency will comply with all the requirements imposed by Title VIH of the Civil I] 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of r: ment ~em,~-inaes .~t ight~,_et of 196g. ce, color, national FORM 725-O30-06 PUBLIC TRANSP ADMIN Page 8 of 12 ~rigin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto, 13'.50 Prolfibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall en_t_~r into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: ~No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental :agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United ';tates shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 1430 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency 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 Agency, 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. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commi,~'ion: By execution of the Agreement the Agency represents that it has n95 paid and, alsa.~, ~,grees not to pay, any bonus or commission for the purpose of obtaining an approval of its application fo~the~ hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to ~obsorve: o~ ~n~i~ FORM 725-030-06 PUBLXC TRANSP O6/99 Pa~¢ 9 ~f 12 ~ompliance with any provision thereof, perform any other act or do any other thing in contravention of any applicab' te law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will ~. notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Fatalities and Equipment: The Agency agrees that the project facilities and equipthent will be used by the A_ gency to provide or support public transportation for the period of the usefu_l__life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Depa,tment financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees din: ~e performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable unCk.. ,ais paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Depat~,aent or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Depaxia~ent 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 contract, verbal or written, made 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 (1) 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. Section 339.135(6)(a), Florida Statutes. Co) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for,. and contracting for such amounts and the bonds of such members of said boards also shah be liab_le~for tims~. indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the bther, ga..~ i~ ~e~_ performance of services required under this Agreement, that party will immediately forward the claun ~ the' ~tl~e6 l/aety. ' PUBLIC TRANSP ADMI~ P~gc 10 of 12 Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly ..discuss options in defending the claim. 15.00 Plan~ and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any _approved portions of the project and comments or recommendations concern~_'~g any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. : 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period :ff more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) 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 contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Depa~haent 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 1 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; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before . September 30. 2001 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Qn¢ . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. · ~_,' 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a ~minimum of two.~ counterparts, each of which so executed shall be deemed to be an original, and such counterparts tog~;ther shall one in the same instrument. ii ~,~. ff~'(/~) FORM 725-030-06 PUBLIC TRANSP ADM]I~ O6/99 Page I1 of 12 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering idto of any cooperative agre_ement, and the extension, continuation, renewal, amendment or modification pf any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the DeparUnent should be aware of the following time frames. Upon receipt, the Depad~x~ent has f'~ve (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies o ise. The Depaxtment has 20 days to deliver a request for payment (voucher) to the Depad,~ent of Banking and Finan~,~. 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. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. Theinterest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency 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 Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "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 be~ on the convicted vendor list." FORM 725-03046 ?UBLIC TRANSP ADM[N O6/99 Page 12 of 12 ITEM-SEGMENT-PHASE-SEQUENCE 204786 1 84 o 1 Contract No. AI078 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: (SIGNATURE) Timothy J. Constantine (TYPED NAME) Chairman, Collier County BCC ATTEST: .(SEAL) See attached Encumbrance Form for date of Funding Approved by Comptroller APPROVED AS TO FORM, LEGALITY AWFORNEY (DATE) DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY (DATE) OR DIRECTOR OF PLANNING AND PROGRAMS TITLE: Appro~m k 1~8~1 auffl~le~Y Assistant County Attorney ATrEST: EXECUTIVE SECRETARY OR NOTARY ITEM-SEGMENT-PHASE-SEQUENCE 2047~6 1 ,$4 O1 CONTRACT NO. AI075 EXHIBIT "A" PROJECT DESCRIFrlON AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners. 3301 E. Tamiami Trail. Building F. Naples. FL 34!12 dated PROJECT LOCATION: Rural Collier County PROJECT DESCRIFrlON: Operating and administrative expenses associated with the provision of public transportation services in rural areas of Collier County;.specifically, the Immokalee "Circulator" and the Immokalee to Naples "Shutfie" as referenced in the Agency's Application for Federal Assistance dated February 1, 2000, on file in the Department. SPECIAL CONSIDERATIONS BY THE AGENCY: At least 30 days before service is expected to begin, the Agency shall submit a project scope to the Department for written approval, including: 1) the start date; 2) route configuration; 3) hours of operation and timetable; 4) number of vehicles to be operated; 5) estimated daily mileage; 6) name of service provider; 7) passenger fare information; 8) estimated ridership at start of service; 9) ridership goals; 10) hourly cost of service; 11) total estimated cost of service; 12) the Department's share of the cost on an hourly basis, and 13) information about matching funds. Pursuant to the Department's approval of the scope of services, the Agency shall provide or contract for service that is open to the general public without advance reservation and undertake an agressive marketing campaign to build ridership. A ridership report / project invoice, in a Department-approved format, shall be submitted monthly to the Department by the Agency, within 30 days following the invoicing period. The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Item-Segment-Phase-Sequence and the Catalog of Federal Domestic Assistance number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY THE DEPARTMENT: The Department shall provide written approval of the scope of service before it begins. If applicable, the eligible project period may be extended by letter from the Department upon a written request from the Agency. May 1997 ITEM-SEGMENT-PHASE-SEQUENCE 204786 I 84 01 CONTRACT NO. AI075 EXHTR~ "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners. 3301 E. Tamiami Trail. Building F. Naples. FL 34112 dated .. PROJECT COST: Operating and Administrative expenses associated with the provision of public transportation services in rural areas of Collier county; specifically, the Immokalee "Circulator" and the Immokalee to Naples "Shuttle." $201,200.00 TOTAL PROJECT COST: PARTICIPATION: Maximum Federal Participation FTA, FAA (N/A%) or Agency Participation In-Kind ( N/A% ) or Cash ( N/A% ) or Other ( 50 %)or Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) (N/A % ) or Federal Reimbursable (DU)(FRA)(DFTA) ( 50% ) or Local Reimbursable (DL) ( N/A% ) or TOTAL PROJECT COST 1 of 2 $201,200.00 $ N/A $ N/A $ N/A $100,600.00 $ N/A $100,600.00 $ N/A $200,100.00 May 1997 MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following fiscal year(s): _: FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 May 1997 ITEM-SEGMENT-PHASE-SEQUENCE 204786 1 $4 01 , CONTRACT NO. A!078 This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier Coun~ Board of Coun_ty Commissioners. 3301 E. Tamiami Trail. Building F, Naples, FL 34112 dated. N/A This Agreement is in conformance with 49 U.S.C. Section 5310 of the Federal Transit Act of 1991 as amended and Section 341.051(1)(a) Florida Statutes. The Section 5310 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5310 funds. x This Agreement is in conformance with U.S.C. Section 5311 of the Federal Transit Act of 1991, as amended and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 653 and 654. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on f'fie, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. 1 of 3 1997 Safety Requirements x Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 1490, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated.- '- Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. N/A 2. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. Other contracts less than excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. ~ Required Submittals SUBMITTAL/CERTIFICATION X Procurement Requests X Safety Compliance X Specifications X Invoices X Audit Reports x Project Progress Reports (In Department approved format) RESPONSIBILITY Agency Agency Agency Agency Agency Annually During Life of Project Agency Annually During Life of Project 2 of 3 May 1997 Section 5311 Certification ,x The Agency shall require the independent auditor, retained to perform the audit as required by the single Audit Act of 1984, to specifically test and certify that services funded by the program were provided in non-urbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the-: approved project budget (EXHIBIT B). Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 3 of 3 May 1997 EXECUTIVE SUMMARY AN APPLICATION FOR A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP GRANT FOR FY 2000-2001 OBJECTIVE: To submit an application to the Commission for the Transportation Disadvantaged for a grant for the provision of trips provided through the Transportation Disadvantaged Program during the fiscal year beginning July 1, 2000. CONSIDERATION: As the Community Transportation Coordinator, Collier County makes the annual application to the Commission for the Transportation Disadvantaged for a grant to cover a portion of the operating expenses of the Transportation Disadvantaged Program. FISCAL IMPACT: The application will secure a grant in the amount of $358,284. The local match figure indicated, $38,809, has traditionally been exceeded by the annual contribution by the County to the program. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize the Chairman to execute the application, authorize the Public Transportation Manager to sign any agreements, contracts, assurances, reimbursements invoices, warranties, certifications and any other documents which may be required in connection with this application, and approve any budget amendments/ne~cessary to receive and use these funds. PREPARED BY: ' Date: ~ David P. Hope, Pubhg Transpotation Manager t Collier County Metropolitan Planning Organization REVIEWED BY: Date: ~5 - ~ ~ ~o GAVI , P.E., T~NSPORTATION PLA~ING MANAGER REVIEWED BY: /-'7_./'~"l---t----,----~--'--'-Date:.) . ,.-. - -~ ROBERT MULHERE, AICP, /~. ANNING SE,~_ CES DIRECTOR APPROVED BY: c.-~/~ff~, d../~J- Date: COMMUNITY DEVELOPMEN]' & ENVIRONMENTAL SERVICES EXHIBIT A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION .FORM CONCERNING THE TRIP/EQUIPMENT GRANT PROGRAM 2. 3. 4. 5. 6. 7. 8. 10. 11a. llc. DATE SUBMITTED: May 23, 2000 LEGAL NAME OF APPLICANT: Collier County BCC FEDERAL IDENTIFICATION NUMBER: 59-6000558 REMITTANCE ADDRESS: 3301 East Tamiami Trail CITY AND STATE: Naples, F1 CONTACT PERSON FOR THIS GRANT: David P. Hope PHONE NUMBER: (941) 403-2400 (REQUIRED) E-MAIL ADDRESS: PROJECT LOCATION (County(ies)): PROPOSED START DATE: July 1, 2000 ESTIMATED PROJECT FUNDING: I lb. State $ 358,284 Local $ 39,809 TOTAL $ 398,093 VOLUNTARY DOLLARS REQUESTED State $ Local In-Kind TOTAL $ ZIP CODE: 34112 FAX NUMBER: (941) 434-5066 davidhope~colliergov.net Collier ENDING DATE: June 30, 2001__ PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT State $ Trip & Equipment Grant Application 2000/2001 Form Rev. 2/24/00 Grant Application Page 1 ~ p 12. I hereby certify that this document has been duly authorized by the governing body of the applicant, and the applicant intends to complete the project, and to comply with any attached assurances if the assistance is awarded. DULY PASSED AND ADOPTED THIS 23*a DAY OF May, 2000 ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: T1MO'I 1-1¥ J. CONS'I'AN'I'INE, CHAlKMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ROBERT ZACFI'ARY, ASSISTANT COUNTY ATTORNEY Form Rev. 3/23/99 Grant Applieation Page 2,~ EXHIBIT B II. PROPOSED PROJECT FUNDING Proiect Description and Cost A. Non-sponsored trips B. Capital equipment 1. 2. 3. C. Contingency Funding Participation A. Total Project Cost Commission for the Transportation Disadvantaged $ 398,093 $ $ $ $ $ 398,093 State Funds (90%) $ 358,284 B. Cash Local Match (10%) $ 39,809 C. Voluntary Dollar Contributions(%) $ 0 D. Match for Voluntary Dollar $ 0 (If in-kind, so state wilh monetary value) E. Total Project Cost $ 398,093 III. Estimated cash-flow of FY 2000/2001 STATE grant funds only ( $ x 1000) FY /--~y Only complete this section if desired cash flow is different than one twelfth of state funds per month. 2000 2001 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 00/01 NA NA NA NA NA NA NA NA NA NA NA NA 01/02 NA NA NA NA NA NA NA NA NA NA NA NA Form Rev. 3/23/99 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. 2000- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, the Collier County Board of County Commissioners has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: The BOARD has the authority to file this grant application. The BOARD authorizes Timothy J. Constantine, Chairman to file and execute the application on behalf of the Collier County BCC with the Florida Commission for the Transportation Disadvantaged. o The BOARD'S Registered Agent in Florida is David Weigel, County Attorney. The Registered Agents address is 3301 East Tamiami Trail, Naples, F1 34112. The BOARD authorizes David P. Hope, Public Transportation Manager, to sign any and all agreements or contracts which are required in connection with the application. o The BOARD authorizes David P. Hope, Public Transportation Manager, to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents which may be required in connection with the application or subsequent agreements. DULY PASSED AND ADOPTED THIS 23rd DAY OF May, 2000 ATTEST: COUNTY DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COMM/SSIONERS By: By: TIMOTHY J. CONSTANTINE, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ROBERT ZACHARY, ASSISTANT COUNTY ATTORNEY EXHIBIT D STANDARD ASSURANCES The recipient hereby assures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders, and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement. (2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair and timely opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) The recipient has the requisite fiscal, managedhal, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) The recipient intends to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing federal, state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000 or criteria set forth by any other federal, state, or local government agency. (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes. (8) If capital equipment is purchased through this grant, the 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: (a) (b) (c) (d) (e) (0 Form Rev. 3/23/99 response time, fares, geographic service area, hours and days of service, restrictions on trip purpose, availability of information and reservation capability, and Grant Applicati. on Page 5 (g) contracts on capacity or service availability. In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FTA) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FTA funds have also filed a certification with the appropriate program office. Such public entities receiving FTA funds under any other section of the FTA have filed a certification with the appropriate FTA regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: May 23, 2000 Signature: Name: David P. Hope Title: Public Transportation Manao, er Form Rev. 3/23/99 Grant Appli~tion Page 6 EXECUTIVE SUMMARY JOINT PARTICIPATION AGREEMENT (JPA) AND RESOLUTION AUTHORIZING THE PUBLIC TRANSPORTATION MANAGER TO ENTER INTO, MODIFY OR TERMINATE THE AGREEMENT. OBJECTIVE: To approve the attached JPA (number 207212) and resolution authorizing the Public Transportation Manager to enter into, modify or terminate the agreement and applicable documents. CONSIDERATION: Florida Department of Transportation (FDOT) has $30,000 in state funds for shelters in the rural area of Collier County. These funds were originally applied for by TECH of Collier County and later by GoodWheels. However, a JPA was never issued. We need to get the JPA executed before June 20, 2000 or the funds may be lost forever. This JPA will be for funds to purchase shelters in a rural area not yet identified, but that will be by March, 2001.Funds from this grant will be made available once FDOT receives and executes the attached agreements. The agreements must be accompanied by a resolution approving the agreement and authorizing execution. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the agreement, authorize the Public Transportation Manager to inter into, modify or terminate the attached Joint participation Agreement, and appr, e~v~any budget ame!tdments necessary, to receive and use these funds. PREPARED BY: (.~/ Date: '- Da~i~ H~'pej Public T~nsportation Manhgcgr Collier County Metropolitan Planning Organization REVIEWED BY: ct_~.a,a~ Date: c~ NES, P.E., TRANSPORTATION PLANNING MANAGER REVIEWED BY: ,.,~..~...----'~' Date: ~)~'- //' / ROBElk"T"'~'IULHERE, AICP, DI C,o APPROVED BY: ~ ~ Date: V~CENT A. CAU~ERO, AI~ADMINIST~TOR COMM~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FI)OT) AND AUTHORIZING THE PUBLIC TRANSPORTATION MANAGER TO ENTER INTO, MODIFY OR TERMINATE THE JPA WITH THE FDOT UNLESS SPECIFICALLY RESCINDED. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) 207212 1 54 01 is approved. o That David P. Hope, Public Transportation Manager, Collier County Metropolitan Planning Organization, is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 THIS RESOLUTION ADOPTED THIS DAY OF SECOND AND MAJORITY VOTE FAVORING SAME. , 2000 AFTER A MOTION, ATFEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Dwight E. Brock, Clerk By: Timothy J. Constantine, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Rogoe~t ~achary,~s~t Cotmty Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 725~)30~06 PUBLIC TRANSP ADM1N '6/99 12 ITEM-SEGMENT-PHASE-SEQUENCE .2,07212 I 54 01 Contract No: AI079 Fund: 010 Function: 639 Federal No: N/A Catalog of Federal Domestic Assistance Number: N/A SAMAS Approp: 088774 SAMAS Obj.: 790004 Org. Code: 55012020129 Vendor No: VF596000558-102 THIS AGREEMENT, made and entered into this day of , 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, andCollier County Board of County Commissioners 3301 E. Tamiami Trail, Building F. Naples, Florida 34112 hereinafter referred to as the AGENCY. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project herr ~r described, and the Department has been granted the authority to function adequately in all areas of apprc, e_.ate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 (1) (a) Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the Agency's purchase and installation of four passenger shelters; said shelters to be used in conjunction with public transportation services to rural areas of Collier County, as described in the Agency's request dated May 2, 2000, on file in the Department; and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 7?.5-0304)6 PUBLIC TRANSP ADMIN 06/99 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and eff'~cient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $30,0Q0,00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The ~-- Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. · · 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $30,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. date of 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (xx) (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (xx) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. FORM 725-030-06 PUBLIC TRANSP ADMIN O6/99 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the fxnal payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Depa[iment upon request any time during the period of the Agreement and for three years after f-real payment is made. · 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the ~ct account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporat, , all payments received by it from the Depa~hx~ent pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on fde in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. FORM 725-030-06 PUBLIC TRANSP ADM1N 06/99 Page 4 of 12 7.60 Audit Reports: All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) mus~. be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit f'mdings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. . Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment ot facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interes! n the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such ~s airport runways~the Department may waive or modify this section with an Exhibit "C". ~: ~-~/~' FORM 79.5-030-O6 PUBLIC TRANSP ADMIN 06/99 P 'I2 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District.One Public Transportation Office Bartow Florida, 33831-1249 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as def'med in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 (1) (2) (3) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 herein; or Conflict of Interests: There has been any violation of the conflict of interest provisions contained 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal f'mancial ass~stanc~ to the project suspends or terminates federal financial assistance to the project. In the Ovent of suspe~ioh or termination of federal financial assistance, the Agency will reimburse the Department for fall 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude~a~t ~cts FORM 725~030-06 PUBLIC TRANSP ADMIN 06/99 Page 6 of 12 .osts incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payme.nt Offset: If, after project completion, any claim is made by the Depamnent resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Depa~anent will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any fmal termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includab!e as project costs; and (3) remit to the Depamnent such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Departmd/nt, the Agency st/~all not execute any contract or obligate itself in any manner requiring the disbursement of Department joir~t pa~CSpatio~-funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with[any~ third party. ~ith respect to the project without the written approval of the Department. Failure to obtain such appro,~al slYall ~b~ suffie~ht FORM 7Z5 -030-O6 PUBLIC TRANSP ADMIN O6/99 Pa~ '~ of 12 cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves untt ~zlf the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part, 23, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all nece°oary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Bs Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients arch contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 196a (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance e Agency pursuant thereto. ~. ~--- 13,30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreerr~ nt ~ora~i~a ..... certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rig[hts ~Act of..196.8o .,~ 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of rac~[, color, nat~nat - ~ .rigin, religion, sex, disability and familial status. FORM PUBLIC TRANSP ADMIN O6/99 Page 8 of 12 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Departr?,em, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United .,tates shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency 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 Agency, 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 Depa~ianent with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has Oot paid and, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application f~.0r~. the finan~mfa hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency i ob[s~'~'e ~ e~e ~ ~.___~/-~- FORM 725-030-06 PUBLIC TRANSP ADMIN 06/99 Page 9 of 12 ; compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicab~, ,e law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees '_o maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and bold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, cha,'r expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees duri~.,. performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) 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 contract, verbal or written, made 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 (1) 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. Section 339.135(6)(a), Florida Statutes. Co) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any.~0urt in this state for the collection of same, and members of the Board of County Commissioners voting f' contracting for such amounts and the bonds of such members of said boards also shall be liablesfor the · as indebtedness so contracted for. Section 129.07, Florida Statutes. i~ ;.' ......... When either party receives a notice of claim for damages that may have been caused by the?th~r. p,a, rty in ~t,he performance of services required under this Agreement, that party will immediately forward the claim ~o tl~o~r FORM 725-030416 PUBLIC TRANSP ADMIN 06/99 Page 10 of 12 ':,ach party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Deparunent will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Depa~iment as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the f'mal invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period if more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) 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 contract, verbal or written, made 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 1 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; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2002 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Qne . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within ]20 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and :/~-4n.clude all genders. 4, 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a ~inimurn Of 't~w~ counterparts, each of which so executed shall be deemed to be an original, and such counterparts togetl~er slqa~l ~/~~f one in the same instrument. FORM 725-O30-O6 PUBLIC TRANSP ADMIN 06/99 Page 11 of 12 21.00 Restrictions on Lobbying: 21,10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in cc, nnection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Diaclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working c' inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otht. 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. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency 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 Department. A Vendor Ornbudsman has been established within the Depa~iment of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State ComptroIler's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or aff'diate 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 - 'he threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being. d on the convicted vendor list." FORM 725-030436 PUBLIC IRkNS? ADMIN O6/99 Page 12of12 ITEM-SEGMENT-PHASE-SEQUENCE 207212 1 54 01 Contract No. AI079 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: (SIGNATURE) Timothy J. Constantine (TYPED NAME) Chairman, Collier County BCC See attached Encumbrance Form for date of Funding Approved by Comptroller APPROVED AS TO FORM, LEGALITY ATTORNEY (DATE) DEPARTMENT OF TRANSPORTATION ATTEST: .(SEAL) DISTRICT SECRETARY (DATE) OR DIRECTOR OF PLANNING AND PROGRAMS TITLE: ATTEST: EXECUTIVE SECRETARY OR NOTARY t~p~ & legal mu'floian~ff R~Y~LED PXPE~ "- ITEM-SEGMENT-PHASE-SEQUENCE 207212 1 54 01 CONTRACT NO. AI079 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County_ Board of County Comrnissmners, 3301 E. Tamiami Trail, Building F, Naples, FL 34112 dated PROJECT LOCATION: Rural Collier County. PROJECT DESCRIPTION~ This project covers the purchase and installation of four passenger shelters for use in conjunction with public transportation services to rural areas of Collier County. The proposed location of the shelters shall be submitted in an approved format by the Agency to the Department by March 31, 2001 and, following the Department's approval, the shelters shall be purchased by the Agency via a Department-approved competitive procurement process and installed by December 31, 2001. Failure to provide appropriate location proposals by the March 31, 2001 date, or completion of installation by the 12/3t/01 due date, may result in termination of this project. SPECIAL CONSIDERATIONS BY THE AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Item-Segment-Phase-Sequence and the Catalog of Federal Domestic Assistance number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY THE DEPARTMENT: The Department shall provide written approval of the scope of service before it begins. If applicable, the eligible project period or due dates may be extended by letter from the Department upon a written request from the Agency. Mayl~? ITEM-SEGMENT-PHASE-SEQUENCE 2072;[2 1 54 01 CONTRACT NO. AI079 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners. 3301 E. Tamiami Trail. Building F, Naples, FL 34117, dated .. PROJECT COST: Purchase and installation of four passenger shelters for use in conjunction with public transportation services in rural areas of Collier County. $30,000.00 TOTAL PROJECT COST: PARTICIPATION: $30,000.00 Maximum Federal Participation FTA, FAA (N/A%) or $N/A Agency Participation In-Kind ( N/A% ) or $ N/A Cash (N/A%) or $N/A Other (N/A%) or $N/A Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) ( 100 % ) oi' Federal Reimbursable (DU)(FRA)(DFTA) (N/A%) or Local Reimbursable (DL) ( N/A% ) or $ 30,000.00 $ N/A $ N/A TOTAL PROJECT COST 1 of 2 $30,000.00 May 1997 HI. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 May 1997 EXHIBIT "C" ITEM-SEGMENT-PHASE-SEQUENCE 207212 1 54 01 CONTRACT NO. AI079 This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 E. Tamiami Trail. Building F. Naples. FL 34112 dated N/A This Agreement is in conformance with 49 U.S.C. Section 5310 of the Federal Transit Act of 1991 as amended and Section 341.051(1)(a) Florida Statutes. The Section 5310 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5310 funds. N/A This Agreement is in conformance with U.S.C. Section 5311 of the Federal Transit Act of 1991, as amended and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 653 and 654. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. 1 of 3 May 1997 Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit', and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, v;hen checked below, written approval is hereby granted for: N/A 1. N/A 2. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. Other contracts less than excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments there.to to receive concurrence prior to award. Required Submittals SUBMITTAL/CERTIFICATION X Procurement Requests X Safety Compliance X Specifications X Invoices X Audit Reports X Project Progress Reports (In Department approved format) RESPONSIBILITY Agency Agency Agency Agency Agency Annually During Life of Project Agency Annually During Life of Project 2 of 3 May 1997 N/A Section 5311 Certification The Agency shall require the independent auditor, retained to perform the audit as required by the single Audit Act of 1984, to specifically test and certify that services funded by the program were provided in non-urbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (EXHIBIT B). Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 3 of 3 May 1997 EXECUTIVE SUI~I~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "STRAND COMMERCIAL REPLAT" OBJECTIVE: .To approve for recording the final plat of Strand Commercial Replat, a subdivision of lands located in Section 19, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Strand Commercial Replat". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Strand /--Commercial Replat" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. I AY [ 2rJ00 Executive Summary Strand Commercial Replat ~age 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Strand Commercial Replat" with the following stipulations: 1. Authorize the recording of the Final Plat of "Strand Commercial Replat." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rob~~ICP Planning Services Department Director A PPROV~Y: Vincent A. Cautero, AICP Administrator Community Der. and Environmental Svcs. Date Date Date AC,~_h~ A ~T F.J~ PLAT BOOK PAGE SHEET 1 of 3 qCINITY M~ NOT TO- SCALE S DAY ~ 20~, A.D. ~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CARLTON LAKES UNIT NO. 3" OBJECTIVE: To approve for recording the final plat of Carlton Lakes Unit No. 3, a subdivision of lands located in Section 19, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Carlton Lakes Unit No. 3" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Carlton f-',akes Unit No. 3" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. 2000 Executive Summary Carltom. Lakes Unit No. 3 Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Carlton Lakes Unit No. 3" with the following stipulations: 1. Authorize the recording of the Final Plat of "Carlton Lakes Unit No. 3." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert~CP Planning Services Department Director AviiR'i~nVE~al/t e r o ,~mi nis t rat o r Community Der. and Environmental Svcs. Date Date Date COLUER COUNTY" COUNTY ROAD 888 (COUNTY ROAD MOR TGAGEE'S CONSENT S TA.TE:. OF FLORIDA COUN'TT' 'OF COLLIER EXECUTIVE SUMMARY RE(~UEST TO ADD FIVE (5) PERMANENT FULL-TIME POSITIONS ZN THE BUILDING REVIEW AND PERMITTING DEPARTMENT. OB3ECrIVE: That the Board of County Commissioners approve. the addition of five (5) new positions (3 Building Inspectors, ! Customer Service Agent, and ! Customer Service Representative I) in the Building Review and Permitting Department and approve a Budget Amendment reducing Community Development Fund (113) Reserves to cover the costs of personnel, equipment, and supplies for the remainder of the fiscal year. CONSIDERAllONS: The Building Review and Permitting Department experienced a significant increase in the number of building permits submitted and inspections conducted during the first six (6) months of Fiscal Year 99/00. The total number of permits submitted through the end of March 1999 was 10,539 as compared to 12,054 through the end of March 2000 - an increase of 14%. The total number of building inspections conducted through the end of March 1999 was 63,794 as compared to 74,576 through the end of March 2000 - an increase of 17%. Building Inspectors have to be certified to perform inspections in the discipline for which they are hired. That requirement alone makes it difficult to hire qualified inspectors. The Department has made an effort to hire temporary inspectors to assist with the added inspections, however, each person interviewed is seeking a job with benefits. While it is possible to hire temporary clerical staff on a short-term basis, it is impossible to retain them long enough to train them to perform the functions for which they were hired, since it takes at least six (6) months to adequately train a person in all aspects of processing building permits. The Department is desirous of hiring three (3) Building Inspectors (one in each discipline) to assist with the increase in inspections, one Customer Service Agent to assist with processing the permit applications, and one Customer Service Representative ! to assist with the written and verbal notifications to applicants, tracking of plans through the system, and issuance of building permits. The hiring of these additional five employees will necessitate the purchase of three (3) vehicles with radios as well as some minor operating supplies and equipment. FISCAL IMPACT: The costs associated with these five positions for the balance of FY 99/00 are as follows: Salaries and Benefits Vehicles & Communication Eqpt. Other Operating Costs Total: $ 58,800 $ 54,900 $ 13,100 $126,800 AGENDA ITEM MAY 2 3 2000 Funds are available in the Community Development Fund (113) Reserve to offset these expenses. A budget amendment will be needed to appropriate the above funds. GROWTH MANAGEMENT ZMPACT: None. RECOMMENDAT]:ON: That the Board approve five (5) new positions in the Building Review and Permitting Department and approve a Budget Amendment from Community Develo, pment Fund (113) Reserves to offset the costs of these PREPARED B~:////(~ ~ '~ DATE: ~'~'~/Z..~ ~ ~/~hnnie Gebhardt, Customer Service Supervisor Buildir~ Review and Permittir~j~epartment REV'%EWEOBY: ~~ c~. ~~__~.,~ DATE: ~--~-~-"J'~--- ~ E'dward 5~,/Perico, Director ......7 APPROVED .V: ~/'/~//7~/~/' *~-~/~>~DATE://~/~i~ Vincent ~. ~u'~L~ero, Administrator / ~ - Community Development and Environmental Services MAY 2 3 2000 EXECUTIVE SUMMARY ACCEPTANCE OF AN UTILITY EASEMENT FOR THE RELOCATION OF A WATER METER IN THE HOLIDAY MANOR SUBDIVISION OBJECTIVE: The Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, execute an utility easement agreement for the relocation of a water meter within the Holiday Manor Subdivision. CONSIDERATIONS: · In the 1970's, a 6" water meter was installed in a pit to serve the Holiday Manor Subdivision. · In 1997, the County adopted Ordinance No. 97-33, which mandated that all large meters have a backflow device installed. Due to the meter in Holiday Manor being located in a pit this would have been impossible; therefore, the meter was raised out of the pit. · The meter location above ground placed it directly in the front of a customer's home. The exact location is three feet from their lanai. The Holiday Manor Co-Op has agreed to grant the Collier County Water-Sewer District a larger utility easement to have the meter relocated away from the impacted homeowner's lanai and into a Common Area. · The new Utility Easement is attached as Exhibit A. GROWTH MANAGEMENT IMACT: None FISCAL IMPACT: None. REVIEWED BY: RECOMMENDATION: The Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, execute an utility easement agreement for the relocation of a water meter within the Holiday Manor Subdivision. Pamela Libby, ~D:ribution Supervisor Paul Mattausch, Wal)er Director // / Consent Agenda MAY 2 3 2000 UTILITY EASEMENT This Easement, granted this 22nd day of November 1999, by Holiday Manor Co-Op as Grantor, to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of one dollars ($1.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida. Holiday Manor Co-Op agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the grantor within the easement area, to wit. See "Parcel Description" in attached Exhibit "A" incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Wi~'ne ss -(Signature) 7'T lIeF Print Name Holiday Manor Co-Op B~~Pr~siden~ -~/~/~/]~'~J Witness (Signature) Print Na~ne ' MAY 2 3 2000 State of Florida County of Collier The foregoing instrument was acknowledged before me this __ day of by (President of Holiday personally known or produced identification Type of ,1999 Manor Co-op) who is identification produced Notary Public My Commission Expires: Notary printed Name Prepared by: Address: Pamela Libby Water Distribution Supervisor 3301 East Tamiami Trail Naples, FL 34112 This instrument has been found legally sufficient: ~David Weigel, County Attorney AG£ND~ ITEJM x MAY 2 3 2000 ATTEST: DATED: DWIGHT E. BROCK CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF THE COUNTY AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT. By: Deputy Clerk BY: TIMOTHY J. CONSTANTINE Chairman MAY 2 3 ~o',3fJ J '~' 'q" iI ££G~ ,~ ;~t pore ~ t~ ~t~ ~/ (~ ~/2) ~ ~ ~ ~u {~ ;/2) C~ ot t~ ~1~1~ ~ t~ [ost ~ ~ ~le ~ 951 ~lh I~e ~th 8~23'~' [osl 1132.17 t~e ~lh ~JS'OS' Eost ~.~ I~t W o ~l ~ the t~e c~t~ ~th ~JS'O~' Eost A6~ IRA~£R PAR~ (~o~ ~rr6o) PARCEL OEEC. F,~ED --~ ,~ --~ ~/ / / / / / / ,~1~ ............ ~ .......... ~- ~.~.~ ~.~ ~.~'~'~ ~~ ,, HENDERSON CREEK OR~ 60" R/~ ] to eo~emeots. restrlcdo~$ ooO re.~o'~otio~ ol record. ore hosed o~ ;~e cooterie ol Hemlersoo Creek ~ be~ Sooth 0~f23"~' £ml. 0 20 40 SCALE IN FEET o ,.~ , ....."~l'',~, z~.~ ] EXECUTIVE SUMMARY ACCEPTANCE OF UTILITY EASEMENT FOR THE IRELOCATION OF A WATERMAIN IN THE KINGS LAKE SUBDIVISION OBJECTIVE: The Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, execute an utility easement agreement for the relocation of a watermain, within the Kings Lake Subdivision. CONSIDERATIONS: In 1982, a water line was installed to serve the Don Carlos Condominium Complex. In November of 1999, an additional building was constructed in this area, which was placed on top of the existing water main. Due to the age of the main and the inherit liability with having a building located directly on top of an 8" main, Collier County requested and received from the Building Owners, Investors of Kings Lake Limited Partnership, a new utility easement; in order to relocate the existing watermain. · The new Utility Easement is attached as Exhibit A. GROWTH MANAGEMENT IMACT: None FISCAL IMPACT: None. RECOMMENDATION: The Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, execute an utility easement agreement for the relocation of a watermain within the Kings Lake Subdivision. P~amela Libby, Di~r~ribution Supervisor ~ ~dw~rd N. Finn, P~blie Wo~ ~d~lnistrator Consent Agenda HAY 2 3 20OO UTILITY EASEMENT This Easement, granted this day of 2000, ~tor, to ~e Bo~d of CounW Commissioners of Collier CounW, Fl$fi~ ~th( ~v~ing Body of Co!li~ County ~d Ex-Officio the Gov~ng Bo~d of the Colli~ County Water-Sewer Diorlet, its ~s~rs ~d assigns, ~ ~tee WITNESSETH: That the Grantor for and in consideration of the sum of one dollars ($1 and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, g~ants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, i on' over and under the following described lands b~ing located in Collier County, Florida. Investors at Kings Lake, Limited Partnerships, agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the grantor within the easement area, to wit. See Parcel Description in attached Exhibit "A" incorporated herein by reference. TO IIAVE AND TO HOLD the same unto the Grantee and assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating and maintaining utility facilities thereon Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents'to be executed the date and Witness ~/ - l~Limited John Enlow Title: j'9~.d~, Partnership State of Florida County of Collier The foregoing instrument was acknowledged before me this ~t O ~ ~- day of , 19 ~ ~ personal~ known__or produced identification ~ identification produced if. L . Type of .Prepared by: Pamela Libby Water Distribution Supervisor Address: 3301 East Tamiami Trail Naples, FL 34112 Notary Public My Commission Expires: NoI~ Pdnted Nme HAY 2 3 2000 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By:. TIMOTHY L. CONSTANTINE, CHAIRMAN HAY 2 3 2000 CDNSUL-TECH ENG I NEER I NG, INC, Consulting Engineers Land Planners Land Surveyors 24831 Old 41 Road Phone (941) 947-0266 BONITA SPRINGS, FL. 341.35 Fox (941) 947-1.323 C£R'DFICATE OF AUTHORIZATION i~LB.],527 LEGAL DESCRIPTION AND SKETCH - NOT A BOUNDARY SURVEY SKETCH AND DESCRIPTION FOR CREATION OF EASEMENT TO REPLACE WATER AND SEWER EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1135, PACE 0195 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DESCRIPTION FOR WATER AND SEWER UTILITY EASEMENTS FROM PARCEL A TO RIGHT OF WAY FOR KINGS LAKE BLVD. FOR DON CARLOS TOWNHOUSES COMMENCING AT THE NORTHEAST CORNER OF BLOCK B, KING'S LAKE SUBDIVISION, UNIT 4, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, PLAT BOOK 13, PAGES 17 THRU 7,3; THEN RUN S 00'57'10" E ALONG THE WEST RIGHT OF WAY OF KING'S LAKE BLVD. FOR A DISTANCE OF 915.87 FEET TO THE POINT OF BEGINNING; THEN CONTINUE ALONG SAID RIGHT OF WAY S 00'57'10" E A DISTANCE OF 53.97 FEET; THEN RUN N 62'22'59" W A DISTANCE OF 178.0.3 FEET; THEN N 00'37'10" W FOR A DISTANCE OF 51.89 FEET; THEN RUN S 32'01'32" E FOR A DISTANCE OF 70.7.3 FEET; THEN RUN S 62'22'59" E FOR A DISTANCE OF 46.05 FEET; THEN RUN N B9'22'50" E FOR A DISTANCE OF 79.42 FEET TO THE POINT OF BEGINNING. coNsu -Y c. ,~c. R~EET .,~'BILL$PSM 4698 DATE SHEET 2 OF 2 - NEW SEE SHEET 1 FOR SKETCH D~/G # 97262DESC.DWC AGENDA I~£~ .,~ MAY 2 3 2000 CrlNSUL-TECH ENG I NEER I NG, INC. Consulting Engineers Land Planners Land Surveyors 24831 Old 41 Road Phone (941) 947-0266 BONITA SPRINGS, FL, 341.35 Fax (941) 947-1.323 C[RT1F~CAT~ O~ AUTHORIZATION ~LB3527 LEGAL DESCRIPTION AND SKETCH - NOT A BOUNDARY SURVEY SKETCH AND DESCRIPTION FOR CREATION OF EASEMENT TO REPLACE WATER AND SEWER EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1135, PAGE 0"{95 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, NEW WATER AND SEWER EASEMENT MAY 2 3 2000 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT A Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $0.00 and the sewer impact fee fund by $19,618.68. The fiscal impact for recording the Satisfaction of Liens is approximately $81.00, which is to be charged to the Department of Revenue. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the chairman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Prepared by: ~~,vw ~--~.~(~ Pam Calli. i.i/s;'Revenue Supervisor Depa~..rrf~nt of Revenue __-- .~ Reviewed by: //h 4' ~'~ -- T~resa/A. Riesen, Revenue Manager Depa~ment of Revenue Johm~onkosk~, Pir~ . D~ent of'~¢enue ~ Approved ~y: ~ /.? ,// ..? v~ //~W~r~ N.~ind;,' Interim Administrator '~Public Works Date: 'A DA T MAY 2 3 2000 EXHIBIT o 10. Mel M. Berman and Mary A. Berman, husband and wife, securing the principal balance of two thousand eight hundred forty five dollars and sixty five cents ($2,845.65) plus accrued interest. Sylvia Detweiler, F/KIN Sylvia Gonzalez, a Single Woman, securing the principal balance of two thousand four hundred twenty three dollars and ninety three cents ($2,423.93) plus accrued interest. East Naples Baptist Church, a Florida non-profit corporation, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. East Naples Baptist Church, Inc., a Florida Corporation, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. East Naples Baptist Church Inc., a Florida non-profit corporation, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. East Naples Baptist, Inc., a Florida Corporation, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. First Assembly of God of Naples, Inc. a non-profit corporation, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Vernon Flowers, Jr., a divorced man, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1,960.00) plus accrued interest. Virginia M. Harkins, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. Stone Building Corporation, a Florida Corporation, Sellers, David E. Carter, Buyer, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accured interest. AG£ ~m~)A IT(R,- HAY 2 3 200O 11. Stone Building Corporation, a Florida Corporation, Sellers, Della Valentine Weatherley Cassidy, Buyer, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75), plus accured interest. 12. Thomas J. Kelly and Judith B. Kelly, husband and wife, securing the principal balance .of one thousand five hundred seven dollars and sixty cents ($1,507.60), plus accured interest. MAY 2 3 2000 PG. ~ Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Mel M. Berman and Mary A. Berman, husband and wife 8049 Bayshore Drive (A&B) Naples, FL Bearing the date of the 11th day of February, 1993, recorded in Official Record Book 1797 Page(s) 000406, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Eight Hundred Forty Five Dollars and Sixty Five Cents ( $2,845.65), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 52, 53, AND 54, HALLENDALE, A SUBDIVISION ACCORDING TO THE PLAT THEROF RECORDED IN PLAT BO.OK 4, PAGE 25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48782000005 & 4871960007 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. · ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN A o T M MAY 2 3 2000 Prepared by: Robert Zachary ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Sylvia Detweiler, FIK/A/Sylvia Gonzalez, a Single Woman Whose mailing address is 5214 Mc Carly St. Napes, Fl. 34112 Bearing the date of the 2"" day of November, 1999, recorded in Official Record Book 2619 Page(s) 1937, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Four Hundred Twenty Three Dollars and Ninety Three Cents ($2,423.93), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 14, NAPLES MANOR, UNIT 1, ACCORDING TO PLAT BOOK 3, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62047360000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN AGENDA .o. MAY 2 3 2000 Prepared by: Robert Zachary ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: East Naples Baptist Church, a Florida non-profit corporation 1847 Shadowlawn Drive Naples, FL Bearing the date of the 16th day of February, 1993, recorded in Official Record Book 1798 Page(s) 000208, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 28, LESS THE WEST 3 FEET, BLOCK 3, FIRST ADDITION TO NAPLES BETTER HOMES, ACCORDING TO THE PLAT THEREOF ON FILE AND RECORDED IN PLAT BOOK 4, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61480120002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN AGENDA IT£~,,. ~ .0. //. MAY 2 3 2000 pf.,. //~ _ Prepared by: Robert Zachary ('~ ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS; That 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, was the owner and holder of a certain Agreement with the following: East Naples Baptist Church, Inc., a Florida Corporation 1815 Shadowlawn Drive Naples, FL Bearing the date of the 16th day of February, 1993, recorded in Official Record Book 1798 Page(s) 000204, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 27, BLOCK 3, FIRST ADDITION TO NAPLES BETTER HOMES PER PLAT IN PLAT BOOK 4, PAGE 3, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOLIO NUMBER: 61480080003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN AGENDA iTEM_ . .o. NAY 2 3 2000 Prepared by: ~ Robert Zachary /(._~_~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: East Naples Baptist Church Inc., a Florida non-profit corporation 1731 Shadowlawn Drive Naples, FL Bearing the date of the 16th day of February, 1993, recorded in Official Record Book 1798 Page(s) 000216, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Three Hundred Fody Dollars and No Cents (1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 24, 25, AND 26, BLOCK 2, NAPLES BETTER HOMES, AS PER PLAT OR MAP THEREOF RECORDED IN PLAT BOOK 2, PAGE 105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61430640008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __. day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: ~ Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: East Naples Baptist, Inc., a Florida Corporation 2996 Davis Boulevard Naples, FL Bearing the date of the 16'~ day of February, 1993, recorded in Official Record Book 1798 Page(s) 000220, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 1, NAPLES BETTER HOMES, PLAT BOOK 2, PAGE 105 AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID BLOCK 1, N 0° -18' -50" W 95.75 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF DAVIS BOULEVARD, N 89° -25' -20" E 65.00 FEET; THENCE S 0° -18' -50" E 96.06 FEET TO THE NORTH LINE OF BLOCK 2, OF SAID NAPLES BETTER HOMES; THENCE ALONG SAID NORTH LINE S 89° -41' -44" W 65.00 FEET TO THE PLACE OF BEGINNING, BEING PART OF LOT 133, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, PLAT BOOK 1, PAGE 27, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61843480004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN MAY 2 3 2OO0 Prepared by: ~ Robert Zachary /~ ~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: First Assembly of God of Naples, Inc. a non-profit corporation 2132 Shadowlawn Drive Naples, FL Bearing the date of the 23rd day of February, 1993, recorded in Official Record Book 1800 Page(s) 000443, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE SOUTH 195 FEET OF THE NORTH 345 FEET OF LOT 36, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 27, AND 27 A OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61834520009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a c~rtain Agreement with the following: Vernon Flowers, Jr., a divorced man 2255 Kirkwood Avenue Naples, FL Bearing the date of the 2nd day of February, 1993, recorded in Official Record Book 1795 Page(s) 000696, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Nine Hundred Sixty Dollars and No Cents ($1,960.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 22, NAPLES COMMERCIAL CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61580600008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREQF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN HAY i3 iOO0 Prepared by: ~ Robert Zachary ~F__..~____._~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS~ That 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, was the owner and holder of a certain Agreement with the following: Virginia M. Harkins Whose mailing address is 11421 S. ST. Louis Chicago, IL 60655 Bearing the date of the 20th day of September, 1999, recorded in Official Record Book 2602 Page(s) 3447, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,18000), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: A PORTION OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26, EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 89020' 26" EAST, 997.35 FEET TO THE POINT OF INTERSECTION OF COUNTY ROAD NO. 31 WITH OAK DRIVE; THENCE NORTH 00039' 34" EAST, 30 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD NO. 31; THENCE SOUTH 89° 20' 26" EAST, ALONG SAID RIGHT OF WAY LINE, 220 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00° 39' 34" EAST, 110.34 FEET; THENCE SOUTH 89° 20' 26" EAST, 60 FEET, THENCE SOUTH O0° 39' 34" WEST, '110.34 FEET; THENCE NORTH 89° 20' 26" WEST, 60 FEET TO THE POINT OF BEGINNING. FOLIO NUMBER: 00735520004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. MAY 2 3 2000 IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio f. he Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN Prepared by: Robert Zachary'~'~ Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Stone Building Corporation, a Florida Corporation, Sellers David E. Car~er, Buyer 5310 Broward Street Naples, FL Bearing the date of the 2rid day of February, 1993, recorded in Official Record Book 1794 Page(s) 000294, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, BlOCk 11, NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 3, PAGES 86 AND 87, COLLIER COUNTY PUBLIC RECORDS. FOLIO NUMBER: 62259840004 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN N0.~ MAY 2 3 2000 Prepared by: ~, Robert Zachary/'~. ~ Assistant Count~/Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Stone Building Corporation, a Florida Corporation, Sellers Della Valentine Weatherley Cassidy, Buyer 5314 Broward Street Naples, FL Bearing the date of the 3rd day of February, 1993, recorded in Official Record Book 1795 Page(s) 000585, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 11, NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 3, PAGE 86 AND 87, COLLIER COUNTY PUBLIC RECORDS. FOLIO NUMBER: 62259880006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Bc~ard this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN HAY 2 3 2000 PG..._//.,, Prepared by: ~'-'~'-~ Robert Zachary Assistant County Attorney ' Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Agreement with the following: Thomas J. Kelley and Judith B. Kelly, husband and wife Whose mailing address is 4608 Dominion Drive Naples, FL Bearing the date of the 11th day of May, 1995, recorded in Official Record Book 2060 Page(s) 1226, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Seven Dollars and Sixty Cents ($1,507.60), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK 7, AVALON ESTATES, UNIT NO. 1, AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22625040009 FOLIO NUMBER: 22625040009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN HAY 2 3'2000 /'7 EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTIONS OF CLAIM AND/OR SEWER SYSTEM IMPACT FEES OF LIENS FOR WATER OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Liens. CONSIDERATIONS: 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 of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT A Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Liens. FISCAL IMPACT: Payment in full of these Claim of Liens increases the cash flow in the County's sewer impact fee fund by $2,423.93. This will also increase the County's Water impact fee fund by $0.00. The fiscal impact for recording the satisfactions of liens is approximately $6.00, which is to be charged to the Department of Revenue. GROWTH MANAGEMENT: None RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Liens. Prepared by: ~-~'w Pain Callis:Revenue Supervisor Dep~/~nt of Revenue Reviewed by: //"~ ~',..~ x-. ~.,,--- -- ~eresa~ Riesen, Revenue Manager Depa~ent of Revenue Johnyonkosky, Direct6r Depa~ment of Rev~n~e Approved by:., ./:~~~ ..~/' /'E~w~r~'. Fifin, I~[~rim Administrator ,;~.P~blic Works EXHIBIT A Sylvia Detweiler, F/KIN Sylvia Gonzalez, a Single Woman, securing the principal balance of two thousand four hundred twenty three dollars and ninety three cents ($2,423.93) plus accrued interest. AG DA T MAY 2 3 2000 This instrument prepared by: Robed Zachary Assistant County ,attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Sylvia Detweiler, F/K/A/Sylvia Gonzalez, a Single Woman Whose mailing address is 5214 Mc Catty St. Napes, Fl. 34112 The Lien was recorded on 2nd day of November, 1999, in Official Record Book 2619, Page(s) 1937, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Four Hundred Twenty Three Dollars and Ninety Three Cents ($2,423.93), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 4, BLOCK 14, NAPLES MANOR, UNIT 1, ACCORDING TO PLAT BOOK 3, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62047360000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TIMOTHY J. CONSTANTINE, CHAIRMAN HAY 2 3 2000 P6o EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF CANCELLATION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of cancellation of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT A Full payment and satisfaction of this agreement has been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Payment in full of this agreement increases the cash flow in Collier County's water impact fee fund by $0.00 and the sewer impact fee fund by $1,180.00. The fiscal impact for recording the Satisfaction of Lien is approximately $6.00, which is to be charged to the Department of Revenue. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the chairman to execute this cancellation. To acknowledge full payment and the cancellation of this agreement and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Prepared by.'~~cv,~ ~--~.~ Pam Calli~Revenue Supervisor Departrp~.~nt of Revenue Reviewed by: ,c Tc~esa/A. Riesen, Revenue Manager DepaRment of Revenue .ev,ewe J~ Yonkosk~ctor ~ ~a~nt ofJ ~e.?~ ~E~wa~ N~ind ~nte~m Administrator Public Works Date: Date: i I T 1 NO. A~ HAY 2 3 2000 Prepared by: Robed Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 CANCELLATION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFIClO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Robert and Virginia G. Bailey 97 Bailey Ave. Patchogue, NY 11722 Bearing the date of August 4, 1999, recorded in Official Record Book 2589 Page(s) 0918, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of $1180.00 plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Unit No. 30 Garnet, ENCHANTING SHORES CO-OP, INC., a Co- Operative Mobile Home Park, according to Exhibit "A" (Plot Plan) of the Hasler Form Proprietary Lease recorded in Official Records Book 1328, Pages 1723, of the Public Records of Collier County, Florida. FOLIO NUMBER: 31155001509 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges Cancellation of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Cancellation of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Cancellation of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK 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 TIMOTHY J. CONSTANTINE, CHAIRMAN HAY 2 3 2000 EXHIBIT A J. Robert and Virginia G. Bailey, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. HAY 2 3 2000 ,G. ,.~ No. This instrument prepared by: Assistant County Attorney Office of the County Attorney 3301 E. Tamiami Trail Naples, Florida 34112 (941)774-8400 2528568 OR: 2589 PG: 0918 RECORDED in OFFICIAL £ECORDS of COLLIER COUNTY, FL 09/07/1999 at ll:17AN DWIGHT L BROCK, CLERK Retn: COLLIgR DUFRETNMNT RgVENUg 543 8356 OBLD 1180,00 OBLI 1180.00 RBC Hg 24.00 DOC-.35 4,20 COPIES 5.00 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT ICEES This Agreement made and entered into this Virginia G. Bailey 4 day of August , 1999, by J. Robert and Whose mailing address is 97 Bailey Ave. Patchogue, NY 11722 (hereinafter "Owner") and the 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 rccord fee title ow ]]c mm o1' 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: Unit No. 30 Garnet, ENCHANTING SHORES CO-OP, INC., a Co-operative Mobile Home Park, according to Exhibit "A" (Plot Plan) of the Hasler Form Proprietary Lease recorded in Official Records Book 1328, Pages 1723, of the Public Records of Collier County, Florida. C. Owner represents and warrants to the County that the party or parties identified herein as Owner constitute all persons or entities who are the record owners 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 the County, and as such, is subject to the imposition of Water and/or Sewer System Impact Fees (hereinafter "Impact Fees") by the County. HAY 2 3 2000 WITNESSETH: OR: 2589 PG: 0919 NOW TH]EREFORE in consideration of the above Recitals, the covenants exchanged herein, the County's provision of certain regional utilities service 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: 1. The above Recitals are true and correct and 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 Impact Fee ...................................................... Sewer Impact Fee ......................................................$. 1055.00 Accrued Interest on Lien ...........................................$. Title Verification Expenses .......................................$. 50.00 Transactional Fees, (recording fees, documentary stamps, etc.) .....................................$. 39.20 Extraordinary Administrative Expense associated with providing extended payment alternative ...............................................$.__.75.00 *TOTAL DOLLAR AMOUNT FINANCED ....... $... 1180.00 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. 4. 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 $ 16.97 and a like amount payable each and every month thereafter over a seven (7) year period, the end of which shall be the maturity date. 5. On the maturity date, A FINAL BALLOON PAYMENT consisting of any remaining principal balance, accrued interest and other charges shall be due and payable. 6. If the County, in its sole discretion, determines that the 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 watTants and will defend generally the title of the Property agmnst all claims and demands subject to any encumbrances of record. 9. Owner covenants to promptly pay when due the principal and interest on the debt evidenced by the Agreement and will at all times keep its water and/or sewer, and if applicable, irrigation utilities bill current. MAY 2 3 200O No. 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 payment of the subject Impact Fees. Owner shall promptly discharge any lien which has priority over the lien evidenced and contemplated by this Agreement unless Owner: (a) agrees in writing to the payment of the obligation secured by the 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 lmpact Fees. If County determines that any part of tile 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 the 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, if Owner files a petition of any kind in Banki'uptcy Court, or if Ownel' should be in default under any of the agreements, terms or covenant in this Agreement. If Owner is in default, the County may declare the entire unpaid balance under this Agreement and accrued interest thereon to bc due ilnmcdiately without any advance notice. Tile County shall not waive its right to accelerate tile payment if it fails to exercise its right for any past defaults. If the 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 tile TOTAL DOLLAR AMOUNT OF LMPACT FEES reflected in Paragraph 2 is a fee, rate or charge for the services and facilities of Collier County's regional utility 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 to 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 of a mortgage on real property. 15. Owner fully understands and agrees that failure to pay any monthly installments in a timely mannel' will result in the water to the referenced Property being shut off without fmlher 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 the 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 proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortizabon of tile sums secured by this Agreement by reason of any demand made by the original Owner or Owner's successor in interest. Any forbearance by County in exercising any right or remedy shall not be HAY 2/,,3 2000 OR: 2589 PG: 0921 waiver of or preclude the exercise of any right or remedy. The covenants and agreements of this Agreement 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 Count}, to demand payment of amounts due. Notice of dishonor means the hght 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 adjud!cation 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 may invoke any remedies permitted hereunder or available by law. If County 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 without 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 the conflicting provision. To this end, the 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 :~pplicablc law may specil'y for reinstatement) before sale of the Property pursuant to any power of sale contained in this Agreement; or (b) entry of a judgment enforcing this Agreement. The conditions are that the Owner: (a) pays the County all sunas 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 that the 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 had 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 any 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 perrmtted 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 shall run with the Property. MAY 2 3 2O00 7 OR: 2589 PG: 0922 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. WITNESSES TO ALL SIGNATURES: STATE OF COUNTY PROPERTY OWNER (S): The foregoing Notice of Promise to Pay and Agreement to Extend Paym¢.~t of Water.and Sewer S/~st~em Impact. Fees was acknowledged before me this ./.~ day of ,/--/,~.~F ~.~ , 1999 by, ~2,~.,~.Z~ x::¢~_~_~.,/~,~. ~ , who is personall..~ known to me, and/or who ha~(/'produced a Driver License as identificatf'on. )/~',,~ //~..?_. ~...,~'~:::~//~::~.. ............ , J //~ / . (affix notariel seal) N..~.8O1788 .//"l~6tary Public / Oualir~l ~ Safioi~ Carly Commission Number: Co~mis~,o~ E,,ai~ dune 30. ~ WIThJESSES: STATE OF FLORIDA COUNTY OF COLLIER 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. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared John Ao Yonkosky, well known to me to be the Director of Department of Revenue, being authorized so to do, executed the foregoing Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees for the purposes therein contained under authority duly invested by 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. WITNESS my hand and official seal in the County and State last aforesaid this 3¢ day of /~dR¢~ f-- ,1999. ~ ~ ?;~~sion Expires: Approved as to form ~ ; ~?~I 4, 2o~3~/~'% % Assistant County Attorney ~.?/~.~-~:~A~ A~I~DA IT£1~ · ' MAY' 2 3 20110 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 $30.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count}' Commissioners authorize the Chairwoman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same County, Florida. Pam Cfidlis, Revenue Supervisor - De/p/91etn~, nt of 13~enue REVIEWED BY: //'// /~[' /l'~es~A. Riesen, Revenue Manager Department of R~venue-., PP OWD /~ E~. F~ ~frim )&inistrator C. "Public Works / in the Public Records of Collier Date: Date: Date: nate:L~(/~~./V/ MAY 2 3 2000 EXHIBIT A 1. Leonard J. Bubri, Marco Media Enterprises, FOLIO #57931360008, Lot 2, Blk 362, of Marco Beach, Unit 11. 2. Leonard J. Bubri, Registered Agent, Marco Media Enterprises, FOLIO #57931360008, Lots 2, Blk 362, of Marco Beach, Unit 11. 3. Jennifer S Brandon, FOLIO #62777640003, Lot 3, Blk 66, of Naples Park Unit 5. 4. William Fotre JR & Suzanne M Fotre, FOLIO #48730280000, Lot 13 & 14, Blk B, of Haldeman River. 5. Edwin & Ines Guerrero, FOLIO #36008840003, Lot 19, Blk 110, Unit 3, Part of- Golden Gate. MAY 2 3 2000 This instrument pre,~0~y: Robert Zachary Assistant County Attorney Office of the County Attorney 330t East Tamiami Trail Naples, Florida 34112 (94 l) 774-8400 Property Folio No. 57931360008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard J. Bubri, Registered Agent Marco Media Enterprises P.O. Box 296 Lima, PA 19037 Tile Lien was recorded on 6/3/1991 in Official Record Book 001620 page 001845 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2, BLOCK 362, MARCO BEACH UNIT ELEVEN, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 80 THROUGH 86, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record tiffs Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN AC-CNDA ITFI'I/ % HAY 2 3 2000 This instrument p~y: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 57931360008 SATISFACTION oF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORiDA was the owner and holder of a certain Lien against: Leonard J. Bubri Marco Media Enterprises P.O. Box 296 l.ima, PA 10937 The Lien was recorded on 3/20/1990 in O ~cial Record Book 001514 page 000877 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Twenty Dollars and No Cents ($120.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2, BLOCK 362, MARCO BEACH UNIT ELEVEN, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGES 80 THROUGH 86, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN MAY 2 3 2ODD This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 48730280000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William Fotre JR & Suzanne M Fotre PO Box 11096 Naples, FL 34101 The Lien was recorded on 2/22/1999 in Official Record Book 2515 page 1042 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Ninety Dollars and No Cents ($290.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 13 & 14, BLOCK B, HALDEMAN RIVER SUBDIVISION, ACCORDING TO THE PLAT TttEREOF, AS RECORDED 1N PLAT BOOK 2, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. 1N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN MAY 2 3 2000 This instrument prepare~d by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62777640003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jennifer S Brandon 791 -98th Ave N Naples, FL 34108 The Lien was recorded on 2/22/1999 in Official Record Book 2515 page 1042 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Ninety Dollars and No Cents ($390.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 3, BLOCK 66, NAPLES PARK, UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, AT PAGE 14, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS V~rHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of _, 2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN MAY' 2 3 2000 This instrument pre~: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36008840003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Edwin & Ines Guerrero 4526 Meadowood Cir Apt 8 Naples, FL 34116 The Lien was recorded on 03/16/1999 in Official Record Book 2523 page 3421 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, BLOCK 110, UNIT 3 PART - GOLDEN GATE ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: TIMOTHY J. CONSTANTINE, CHAIRMAN HAY 2 3 2000 EXECUTIVE SUMMARY CONVEY COUNTY LAND TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PROVIDE OFF-SITE MITIGATION FOR THE CONSTRUCTION OF LMNGSTON ROAD IMPROVEMENTS. OBJECTIVE: Convey fee simple interest in an off-site tract of land to South Florida Water Management District ("District") for the purpose of meeting environmental mitigation requirements for Livingston Road (Project No. 65041). CONSIDERATION: The construction of Livingston Road is subject to the regulatory jurisdiction of the District. On November 28, 1995, in Agenda Item 8(B)l, the Board approved an Executive Summary for the purchase of land that was to be used for mitigation purposes related to the Livingston Road construction. The Executive Summary included a recommendation that the Board accept and approve the District's permit conditions that were required for the issuance of Permit No. 11-01359-S that pertains to the construction and operation of a surface water management system for Livingston Road. Special Conditions Item 10 of that permit requires the County to transfer to the District in fee simple the 436.69 acre Mitigation Parcel less the 43.234 acre Farm Field both shown respectively as Exhibit A and Exhibit B in the Statutory Deed. (The Mitigation Parcel is identified in the permit as a 422 acre tract that was later recalculated in December 1995 by a formal survey to actually contain 436. 69 acres). The attached Resolution states the Board of County Commissioners has determined it is in the best interest of the public to convey the Statutory Deed to the District. The Public Works Engineering Department and the County Attorney's Office have reviewed and approved the Statutory Deed. FISCAL IM'PACT: Staff estimates that the total cost of recording the Statutory Deed to be $24.00. Funds are available in the Gas Tax Road Construction Fund. GROWTH ,MANAGEMENT IMPACT: None. RE'COMMENDATION: That the Board of County Commissioners: 1. Authorize the Chairman to execute the Statutory Deed _fo.r the Mitigation Parcel; 2. Convey the attached Statutory Deed to the District; and 3. Adopt the attached Resolution required pursuant to 125.37, Florida Statutes, and authorize its Chairman to execute the Resolution; and 4. Authorize staff to record the Statutory Deed, in the Public Records of Collier County, Florida. HAY 2 3 2000 ?._ I ,- SUBMITTED BY: -v I ~' ~ ~ [' ~ ~ OATE:"~ Ernie W. Kerskie, Real Property Specialist II Real Property Management Department Michael Marquis, P/~ Project Manager Public Works Engineering Department J~/~ibby, P.E., Director ~ ~ Public Wo~s Engining ~a~ent ~~ APPROVED BY~ ~' ,,/".,.,.' ~ DATE: ~'~d~a'f~ Finn, Interim Public Works Administrator ~-.-Public Works Division HAY 2 3 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 ,10 41 42 43 44 .45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 RESOLUTION NO. 2000 CONVEY A FEE SIMPLE LAND TRANSFER TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PROVIDE OFF-SITE MITIGATION FOR LIVINGSTON ROAD IMPROVEMENTS. WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as the "Board", approved Agenda Item 8(B)I on November 28, 1995, approving the land purchase for environmental mitigation for North Naples Roadway MSTU (Livingston Road) Project; and, WHEREAS, the construction of the Livingston Road project is subject to the regulatory jurisdiction of the South Florida Water Management District ("District"); and, WHEREAS, District Permit No. 11-01359-S ("Permit") authorizes certain activities which affect surface waters in or of the State of Florida; and, WHEREAS, the Permit requires the Board to mitigate wetlands under the District's jurisdiction; and, WHEREAS, the Board is the fee owner of certain lands situated in Collier County, Florida and more specifically described in Exhibit "A", less the lands specifically described in Exhibit "B"; both attached hereto and incorporated herein by reference (hereinafter referred to as "Property"); and, WHEREAS, the District has agreed to accept the fee simple transfer of the Property as part of its Permit conditions; and, WHEREAS, the District, as fee owner, shall assume the operation, upkeep or maintenance of the Property in accordance with the provisions outlined in the Permit; and, WtlEREAS, pursuant to Section 125.35, Florida Statutes, the Board has determined it is in the best interest of the public to convey the Property to the District. '[NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners agrees to convey the attached Statutory Deed between Collier County and District. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Statutory Deed. This Resolution adopted this __ day of majority vote. 2000 after motion, second and ATTEST: DWIGtlT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman ~Approved as to form and legal sufficiency: ~ry ... w,..~ Assistant County Attorney HAY 2 3 2000 WIL ON, MILLER, BARTON & PEEK, INC. Engineers, Planners. Surveyors. Landscape Archilccts & Environmenial Consultants Walton Profcssnmal Center. guilt: 200 32(X) Bailey Lane al Aifl~rl R,ad. Napltzs. Florida 33942 · (94 l) 649-4¢)40 Fax (941) 643.5716 Page f of,,,,, Description of Livingston Road Mitigation being a part of Section 8 and 9, Township 48 South, Range 27 East lying north of the north right-of-way line of 43rd Avenue, NW., Collier County Florida and part of Golden Gate Estates Unit 52, Plat Book 7, page 92 and Golden Gate Estates Unit 53, Plat Book 7, page 93, Collier County, Florida All that part of Section 8 and 9, Township 48 South, Range 27 East, lying north of the north right-of-way line of 43rd Avenue, N.W, Collier County, Florida and part of Golden Gate Estates Unit 52, Plat Book 7, page 92 and part of Golden Gate Estates Unit 53, Plat Book 7, page 93, 'tPublic Records of Collier County, Florida being more particularly described as follows: Beginning at the northwest corner of said Section 8; thence along the north line of said Section 8 North 86°37' 12" East 5213.54 Feet to the northwest corner of said Section 9; thence leaving the north line of said Section 8 along the north line of said Section 9, North 86°34' 18" East 194 i. 79 feet; thence leaving said north !inc of Section 9 along the boundary of those lands as described in O.R. Book 1709, pages 1378 in the three (3) described courses: 1) South 00013'57" West 1332.60 feet; 2) South 86°32'49" West 645.43 Feet; 3) South 00°15'44" West 1673.91 Feet to a point on the north right-of-way line of 43rd Avenue, NW. oFsaid Golden Gate Estates Unit 53; thence along said right-of-way line South 89°41'46" West 6492.32 feet to the west line of said Section 8; thence along said line North 00o07'59" East 2587.44 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions oFrecord; Containing 436.69 acres more or less; Bearings are based on the west line of Section 8 being North 00o07'59" East. WILSON, MILLER, BARTON, and PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, ELS.//4650 Not valid unless embossed with the Professional's seal. Re£ 4GG-240 W.O. 35054 12/2~95- .W.0~31000re.MRS Naples Fort Mverx {941 } 649-4040 (94 ! ) 939- I {}2(! Fax (941) 643 5716 Fax (941~ 939 7479 2 3 2000 F. XHIBrr Page !tl k z MAY 2~ Preserving at3d enhar~cing Fior~da's quality of life s~nce t966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS EXHIBIT, Pa~e, I of~ LEGAL DESCRIPTION HMA PROJECT #1985031A1103 10/12/99 REF DWG #B-2763 A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT BOOK 7 AT PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°07'59"W., ALONG THE WEST LINE OF THE NORTHWEST QUARTI~R OF SAID SECTION 8, FOR A DISTANCE OF 258744 FEET TO A POINT ON THE NORTHERLY RIGHT-~)F-WAY LINE OF 43~" AVENUE NORTHWEST, A 60.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT BOOK 7 AT PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S89°41'46'E., ALONG SAID NORTHERLY RIGHT*OF-WAY LINE, FOR A DISTANCE OF 849.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N00°18'14"E FOR A DISTANCE OF 67891 FEET; THENCE RUN N.59°29'06"E FOR A DISTANCE OF 153Q38 FEET; THENCE RUN S.21°47'38"E. FOR A DISTANCE OF 1386.55 FEET; THENCE RUN S.88°28'53"E. FOR A DISTANCE OF 272.08 FEET; THENCE RUN S 00°18'14"VV FOR A DISTANCE OF 172.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 43~ AVENUE NORTHWEST; THENCE RUN N.89°41'46"W., ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 210790 FEET TO THE POINT OF BEGINNING; CONTAINING 43.234 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00°07'59"W HOLE, MONTES & ASSOCIATES, INC CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS'J. GARRIS P L.S. # 3741 STATE OF FLORIDA SPRINGS FLORIDA 34135 g41-~2 0795 FAX 941 992 2327 HAY 2 3 2000 EXHIBIT P~ge '/~ of ~1~ -- -- S 00'07'50' W 25B?,44 ~ z ~' ' I ~ I ~ _ ~ ~~ MAY 2 3 2000 PROJECT: Livingston Road Mitigation Tract THIS DEED, made this ~ day of , 2000, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a PUblic corporation of the State of Flodda, whose principal mailing address is 3301 Gun Club Road, West Palm Beach, Florida 33416, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, its heirs and assigns forever, the following described land lying and being in Collier County, Florida: SEE ATTACHED EXHIBIT "A"; LESS THE PROPERTY DESCRIBED IN ATTACHED EXHIBIT "B"; both of which are incorporated herein by reference Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. A'T-r'EST: DWIGHT E. BROCK, Clerk BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TIMOTHY J. CONSTANTINE, CHAIRMAN HAY 2 3 2O0O Page..~_~ of ~ ] IB7~.GI' t4AY 2 3 2000 Presen~ln~ and ent~ FlorKf~'s qualify ot #le ~ ~966 HOLE, MONTES & ASSOCIATES, iNC. ENGINEERS PLANNERS SURVEYORS LEGAL DESCRIPTION EXHIBIT Page t of 2- HMA PROJECT #1985031A1103 10/12/99 REF DWG. #B-2763 A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT BOOK 7 AT PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTI-NVEST CORNER OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SO0°07'59~/V., ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, FOR A DISTANCE OF 2587.44 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 43~ AVENUE NORTHWEST, A 60.00 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT BOOK 7 AT PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°41'46'E., ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 849.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°18'14'E. FOR A DISTANCE OF 678.91 FEET; THENCE RUN N.59°29'06'E. FOR A DISTANCE OF 1530.38 FEET; THENCE RUN S.21°47'38'E FOR A DISTANCE OF 1386.55 FEET; THENCE RUN S.88°28'53'E. FOR A DISTANCE OF 272.08 FEET; THENCE RUN S.00°18'14~V. FOR A DISTANCE OF 172.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 43" AVENUE NORTHWEST; THENCE RUN N.89'41'46'W., ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 2107.90 FEET TO THE POINT OF BEGINNINGi CONTAINING 43.234 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHVVEST QUARTER OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00°07'59'W. HOLE. MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY ~~%~RiS PL.S. # 3741 STATE OF FLORIDA HAY 2 3 EXHIBIT A P~e ~.- of ~.., i il Itl , ill" HAY 2 3 20 WILbON, MILLER, BARTON & PEEK, INC. Engmecrs, Planners. Surveyors. Landscape Archireels & Environmental Consultants Wil~on prcl(cssmnal Cartier, ~ulle 2(X). 32{N) Bailey Lone al Airl~m R~md, Naples, Ftnrida ~1942 · 1941 ~ 6~9-44M0 Fox 49411 &4~-5716 EXHIBIT_ _ p~l~/of '~ Description of Livingston Road Mitigation being a part of Section 8 and 9, Township 48 South, Range 27 East lying north of the north right-of-way line of 43rd Avenue, N.W., Collier County Flodda and part of Golden Gate Estates Unit 52, Plat Book 7, page 92 and Golden Gate Estates Unit 53, Plat Book 7, page 93, Collier County, Florida All that part of Section 8 and 9, Township 48 South, Range 27 East, lying north of the north right-of-way line of 43rd Avenue, N.W, Collier County, Florida and part of Golden Gate E:~tates Unit 52, Plat Book 7, page 92 and part of Golden Gate Estates Unit 53, Plat Book7, page 93, · Public Records of Collier County, Florida being more parlicularly described as follows: Beginnin8 at the northwest corner of said Section 8; thence along the north line of said Section 8 North 86°37'12" East 5213.54 feet to the northwest comer of said Section 9; thence leaving the north line of said Section 8 along the north line of said Section 9, North 86034' ! 8" East 1941.79 feet; thence leaving said north line of Section 9 along the boundary of those lands as described in O.R. Book 1709, pages 1378 in the three (3) described courses: !) South 00013'57" West 1332.60 feet; 2) South 86°32'49" West 645.43 feet; 3) South 00015'44" West 1673.91 feet to a point on the north fight-of-way line of 43rd Avenue, N.W. of said Golden Gate Estates Unit 53; thence along said right-of-way line South 89°4 ! '46" West 6492.32 feet to the west line of said Section 8; thence along said line North 00°07'59" East 2587.44 feet to the Point o£Beginning of the parcel herein described; Subject to easements and restrictions of record; Containing 436.69 acres more or less', Bearings are based on the west line of Section 8 being North 00007'59" East. WILSON, MILLER, BARTON, and PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, P./~.S. #4650 Not valid unless embossed with the Professional's seal. Re£ 4GG-240 W.O. 35054 Naples Fat t Mvet:~ Sara~ota (941 ) 649-4040 (9411 9'~9- It)2(! 19~11 ) 371-369(} F:lx (94D 643-5716 Fax 19411 939-7479 Fax fq411 377-q11~$2 o NO. *~ MAY 2 3 2000 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTEREST FOR THE CONSTRUCTION OF THE IMMOKALEE ROAD/RANDALL BOULEVARD INTERSECTION IMPROVEMENT PROJECT, CIE NO. 72. OBJECTIVE: To adopt a Resolution to acquire by gift or purchase of fee simple title interest required to complete the Immokalee Road/Randall Boulevard Intersection Improvement Project, CIE No. 72, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #72. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the intersection improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. On April 11, 2000, Item 8(B)(3), the Board approved a Gift, Purchase or Condemnation Resolution to authorize the condemnation of the parcel within the Project. However, this Resolution is to approve settlement with owners xvithout having to present each parcel to the Board on a case by case basis. This procedure shall expedite the Project. FISCAL IMPACT: Total acquisition costs are estimated at $126,407.00, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to the Immokalee Road/Randall Boulevard Intersection Improvement Project, CIE No. 72. Funds in the amount of $126,407.00 are available in the Gas Tax Road Construction Fund. Funding source is Gas Tax. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent xvith the County's Growth Management Plan for CIE #72. A~-.~NDA ITi~M PlAY 2 3 2000 Pg. ~ RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by gift or purchase the fee simple title interest required to complete the Immokalee Road/Randall Boulevard Intersection Improvement Project; (2) Authorize the C~laai .r~..,an to execute the attached Resolution; Real Property Management Department DATE: REVIEWED BY: Edward J. Kant, P.E:, Director / Transportation Services Department APPROVED BY:~ / 'Ed~ ~rg Fin~interim Administrator C~Public Works Division DATE: RESOLUTION NO. 2000 - 1 2 3 4 5 6 7 A RESOLUTION AUTttORIZING TIlE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE 8 SIMPLE TITLE INTEREST FOR TIlE CONSTRUCTION OF THE IMMOKALEE ROAD/RANDALL 9 BOULEVARD INTERSECTION 1IVlPROVEMENT PROJECT, CIE NO. 72. 10 11 12 W}IEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted Ordinance No. 99-14 13 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth 14 Management Plan in order to establish priorities for the design, acquisition and construction of the various capital 15 improvement projects. The Transportation Element of lhe County's Comprehensive Plan was adopted in Ordiuance No. 99- 16 13; and 17 WIIEREAS, the hnmokalee Road./Raudall Boulevard lutersectiou l~nprovemeut Project are component parts of the 18 Transportation Element of the County's Comprehensive Plau; aud 19 WHEREAS, alternate locations, environmental thctors, long range planning, cost variables, concu~ence, safety 20 and welfare considerations have been reviewed as they relate to the implemeutation of said transpo~ation improvements; 21 and it has been recommended by County Slaff that it is necessary and in the best interest of Collier County, Florida, to 22 maintain flexibility over the acquisition of property rights required for the construction of the Immokalee Roa&'Randall 23 Boulevard Intersection hnprovcment Project, hereinat~er retorted Io as "Project" as identified on Exhibit "A" attached 24 hereto ~l~d inco~orated herein by refereuce; and 25 WItEREAS, the design and constniction of said transportatiou improvements and related l~cilities have been 26 determined by the Board to be necessa~ and m the best interest of Collier Cotrely; and 27 WIIEREAS, the constmclion of the transportation improvements and related facilities contemplated by the Project 28 are necessary in order to protect the health, safety and wclhre of the citizens of Collier County, and will assist Collier 29 County in meeting certain concurrency requiremeuls of the Grux~th Managemeut Plan for Collier County. 30 NOW, TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLI. IER 31 COUNTY, I:LORIDA, that: 32 I. The Board has considered the environmental hctors, sat~ly factors and fiscal considerations relating to the final 33 adopted location of the Iransportatioo improvements and related hcilities. 34 2. The fee simple title acquisition identified on Exhibit "A" is the most feasible location, both necessary and 35 consistent with the project requirements, in order to perufit the conslmction and maintenance of the ffansportation 36 ~improvements and related hcilities for the Immokalee Road~andall Boulevard lntersectiou Improvement Project, CIE No. 37 72. 38 3. The Board has dete~ined that the construction and mainlenance of the Imlokalee Roa&~andall Boulevard 39 Inlersection Improvement Project and related hcilifies are necessary for a public pu~ose and is in the best interest of 40 Collier Cottory. 41 4. The construction and maintenance of the transportation improvements aud related facilities are compalible with 42 the long range plmming goals aud objectives of the Growlh Management Plan for Collier County. MAY 2 3 2000 PG. 43 5. It is necessary aud in the best interest of Collier County for the Board to acquire the fee simple title identified in 44 Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, 45 fee simple title on the property identified in Exhibit "A". 46 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) 47 selected from the list of firms pre-qualified by the Board of County Commissioners. ~e Board timher directs staff ~o use 48 appraisal reports or internal compensation estimates as staff determines is necessary to best seine the needs of lhe Project iu 49 a timely and cost-effective ma~er. 50 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the 51 requirement for a focal, independent appraisal repon for the purchase of a property where the purchase price of the parcel 52 (the compensation due to lhe prope~y owoer) is less than One }hindred Thousand and 00/100 Dollars ($100,000.00). In 53 lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, lhe dollar 54 amonnts of which shall be predicated on "staff compensation eslimates" based npon independent appraisals (and the data 55 thereft'ore} obtained oo similar properties and upou consideratiun and application of appropriate market value and cost dam 56 pertinent to tim snbject parcels. 57 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property 58 acquisition, Real Property Management Deparlment staff is hereby directed to offer immediate delivery to the respective 59 prope~ty owoe/s of the fidl compeosatiou (as established by Ibe appraisal or staff compensation estimates m accordance 60 wilh th~ provisions of Chapler 125.355, Florida Statutes), in return for the immediate aud proper execulion of I}~e respective 61 eascmc~[ts, or deeds and such other legal d()cnmcnts and/or affidavits as Ihe County Attorney's Office deems appropriate m 62 order to protect the interests of the County; aud the Board hereby authm'izes its present Chairman and any snbseqnenl 63 Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County 64 Attorney, to remove the lieo of any encumbrance and for any such other pu~ose as may be required for the fee simple tille. 65 9. lu those reslances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement 66 Agreemeut" mechauism, the Director of the Pnblic Works Engineering Department, or his designee, is charged ~ith the 67 responsibility for completion of various capilal improyement projects, and is hereby delegated the authority to approve the 68 purchase of laud initrests above the staff compensation estimate or appraised value and pay normally relaled costs ~;hen it 69 is io the best interest of Ihe Project, wilhm the pro-rata share of the land rights acquisition budget for the parcel being 70 acqnired, ouly when the difference between the purchase price and compensation estimate or appraised value is less than 71 Fifieeu Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County 72 Purchasing Department; provided, Project funding is available. 73 [ 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not cootlict 74 with the provisions of Section 125.355, Florida Statutes. 75 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreemenls 76 where the land owner has agreed to sell the required land rights to the County at ils appraised value or at that amouut 77 cousidered the "Administrative Settlemeot Amonnt" as such tem~ is totemally used by the admiuistrative agencies of 78 Collier County. 79 12. Where the prope~y owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easemenl 80 Agreemeot"), to couvey a necessary interest in real property to the County, and upon the proper c~cution b~'~pggg~l / HAY 2 3 200rJ 90 91 92 93 94 95 96 97 98 99 1 O0 I01 102 103 104 105 106 107 108 109 I I0 111 112 113 114 115 116 117 118 81 owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may 82 require, the Board hereby authorizes the Finauce Department to issue warrants, payable to the property owner(s) of recorc 83 in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff 84 compensation estimate in accordance witll this Resolution and the provisions of Section 125.355, Florida Statutes. 85 13. All title to properties or interests in properties which have been obtained io the mmmer described above shall be 86 deemed "accepted" by the Board of County Commissioners, as the governing body of Collier Coonty, Florida, a politidal 87 subdivision of the State of Florida, and as such, staff is hereby authorized to record in tile Public Records of Collier Coonty, 88 Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any 89 encumbrance from the acquired properties. TItIS RESOLUFION ADOPTED on this day of ,2000, after motion, second and majority vote. ATFEST: DWIGIIT E. BROCK, CLERK Clerk BOARD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY, FLORIDA By: TIMOTtlY I. CONSTANTINE, CtlAIRMAN Appro,,~d as to form and legal ,so~fficiency.: Assistan! County Attorney -Pa~e 3- AG£NDA II'O'l t MAY 2 3 2000 EXHIBIT page I of~ PfdsOnMi!ler PROJECT: Descziption of pan of Sectinn 22, Tow~hJp 48 South, Raagc 27 EustFOL In: Colli~ County, Florida (Right of Way Taking) 60171 101 00210440007 All tha~ pa~ of Section 22. Township 48 South, Rangc 27 ESz'~ Colli~ County, Florida b~ing movc particularly described az follows: Commencing a.t the sou~cast com~ of Scctinn 22, Township 48 South, Rlmgc 27 Ea~.' thcac~ along thc ~ust linc of said S~ion 22, South 00000'02" W~st, 11.83 f~t to & point 50 fcct nor~ of and parallcl to thc north linc of Gold~m Galc Estate..% Unit 23 as r~:ordeA in Plal book 7, Pugc 9, Colli~ County Public Record~ and a point on thc north linc of Randall Boulevard; th~mc.~ along t~c north linc of Randall Boulevard North 88°09'I 1" W~st, 1241.60 ~c.~. to the Point ofBcgim~ing ofthc patrol th~nc~ continuing along said linc Norlh 88°09' I 1" Wcs*, 386.17 fcct Io a point ofcurvalur~; thence Imving said north linc northw~rly 133.90 fccl along thc art: of a tangential ci~alar carve con,arc ~.st~rly. having a rodins of 50.00 f~-t ~u'ough · c~ral mgic of i ~13026' 17" and b~ing sub~mdcd by · chord which bears No~a I 1 ~25'55' Wcst, 97-33 fix~ to a point on thc southeasterly right-of-way linc of Immokal~ Road; the. m~ along s~id southcustm'ly fight-of-way linc noedl~a:~ly 219.64 fi:~ along thc am ota cir~lar curve conearc nort~wc~'ly, having a radius of 2914.92 f~:t through a c.~ntral anglc of 04°19'02* and bcing sub~ndcd by a chord which bears North 63'0T41', East 219..59 th~mc~ leaving said linc South 45"39'16' W~m, 20.85 thmc~ South 27'57'5f' East, 40.78 th,'-c~ muthm.st~iy 254.34 feag along thc an: ofa non-tang~mtial circular carve concavc no~thea.stotly, having a radius of 242.00 fc~ through · cemtral mgic of 60013'02" and b~ing mhim~dcd by · chord which imam South $8°04'22' Eag 242.79 ~A~mc~ South 01°49'0~' W~:g, 28.12 ft~-t ~o · point on thc north linc of Randall Boulevard md Point of B~,inaing of the parcel h~r~m d~scn'b~L Subj~'t to ,~-m,,-n~ ~nd mslxi~inus of r~:ord. P~:cl conmira 1.00 ~ mr: or I~. B~uings ~ basad on thc north linc of Randall Boulevard, being Nort~ 88009q 1' Ccnificato of authorization #LB-43. WILSON, ~ .I-FR, BARTON & PEEK, INC. Rcgistfz~ F~_~.ccrs ~md ~d S~o~ 3934 ~ ~C~fi~ auto--on ~443. ~d ~ ~ ~ ~c ~f~o~'s Rcf. 3GG-515 W.O.: 65000-002-002-FLHRW Dalr: FEBRUARY 2112000 AG DA T[ Iiaple. FartMyer. $.rasotaBrade. tan Tam,. / NO.~) .?21~ Ba//ey Lar~, ~oi/e 200 ~1~. F~ im ~ l ~ ~ 7 ~ l ~ ~O ~ ~ I-~-~16 ~ ~ .... I MAY 2 3 2000 EXHIBIT "~':.. Page 2- ~! ~ MAY 2 3 2000 PG. '~ EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF TRAFFIC SIGNAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF THE COUNTY-WIDE COMPUTERIZED TRAFFIC SYSTEM SIGNAL IMPROVEMENT PROJECT (PHASE I). OBJECTIVE: To adopt a Resolution to acquire by gift or purchase of traffic signal easements required to complete the County-wide Computerized Traffic System Signal Improvement Project (Phase I), (hereinafter referred to as "the Project"). CONSIDERATION: In 1997, the Board of County Commissioners approved a Joint Participation Agreement, (hereinafter referred to as "JPA") with the Florida Department of Transportation, (hereinafter referred to as "FDOT") to approve funding for the Project. In May of 1998, the Final Report was presented to the Board stating that FDOT has funded and managed the design process for the Project. On March 14, 2000, Agenda Item 8(b)(3), the Board was advised that the design process for the Project is complete and FDOT will be advertising for bids for construction in the upcoming Fiscal Year (commencing July 2000). The Project consists of placement of a "backbone" fiber optic cable trunk line and improvements to sixty-six (66) intersections in both unincorporated Collier County and the City of Naples. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location for the intersection improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. The Board will also be authorizing condemnation of the parcels within the Project. However, this Resolution is to approve settlement with owners without having to present each parcel to the Board on a case by case basis. This procedure shall expedite the Project. FISCAL IMPACT: The Project cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at $77,105.00, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment for the easements referenced in Exhibit "A", required to complete the Project. MAY 2 3 20OO p~;. I Funds in the amount of $77,105.00 are available in Fund 313, Advanced Right-of-Way. GROWTH MANAGEMENT IMPACT: The project is vital to the public health, safety and welfare that the Project be built and maintained to a standard that satisfies both legal requirements and the needs and desires of Collier County citizens. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by girl or purchase the traffic signal easements required to complete the County-wide Computerized Traffic System Signal Improvement Project (Phase I); (2) Authorize the Chairman to execute the attached Resolution. Tonf'Mott, Senior Specialist ~ Real Property Management Department DATE: REVIEV~TED BY: /--~/~ Edward J. Kant, ~/E., Director/ Transportation Services Director APPROVED BY: i~~-~~Y~~~~ ~/Edwa~Fin~ater'l'm Administrator Public Works Division DATE: PlAY 2 3 2000 RESOLUTION NO. 2000 - I 2 3 5 6 7 8 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF NON- 9 EXCLUSIVE. PERPETUAL, TRAFFIC SIGNAL INTERESTS BY EASEMENT FOR THE INSTALLATION 10 AND MAINTENANCE OF THE COUNTY-WIDE COMPUTERIZED TRAFFIC SYSTEM SIGNAL 11 IMPROVEMENT PROJECT (PHASE I) 12 13 WHEREAS, the Board of County Comrmssinners (Board). in 1997, approved a Joint Participation Agreement 14 (JPA) with the Florida Deparmaent of Transportation (FDOT) to approve funding for the County-wide Computerized 15 Traffic System Signal Improvement Project (Phase I); and 16 WHEREAS, the Final Report was presented to the Board of County Comrmssioners in May of 1998 stating that 17 FDOT has funded and managed the design process for the County-wide Computerized Traffic System Signal Improvement 18 Project (Phase I); and 19 WHEREAS, on March 14, 2000, the Board of County Cormmssioners was advised that the design process for the 20 County-wide Computerized Traffic System Signal Improvement Project (Phase I} is complete and FDOT will be 21 advertising for bids for construction in the upcoming Fiscal Year (commencing July 2000); and 22 WHEREAS, the County-wide Computerized Traffic System Signal Improvement Project (Phase I) consists of 23 placement of a "backbone" fiber optic cable txunk line and improvements to sixty-six (66) intersections in both 24 unincorporated Collier County and the City of Naples; and 25 WHEREAS. alternate locations, environmental factors, long range planning, cost variables, concurrence, safety 26 and welfare considerations have been reviewed as they relate to the implementation of said t~ansportation improven~nts; 27 and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to 28 maintain flexibility over the acquisition of property rights required for the construction of the County-wide Computerized 29 Traffic System Signal Improvement Project (Phase I); and 30 WHEREAS, the design and consauction of said transportation improvements and related facilities have.been 31 determined by the Board to be necessary and in the best interest of Collier County; and 32 WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project 33 are necemm7'tn order to p~tect the health, safety and welfare of the citizens of Collier County, and is part of the County's 34 long range planning effort and is consistent with the 1997 JPA with FDOT. 35 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIOIq'ERS OF COLLIER 36 COUNTY, FLORIDA, that: 37 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final 38 adopted location of the transportation waprovementS and related facilities. 39 2. The txaffic signal interests by easement identified on Exhibit "A" are the most feasible locations, both necessary 40 and consistent with the project requirements, in order to permit the consauction and maintenance of the transportation 41 improvements and related facilities for the County-wide Computerized Traffic System Signal Improvement Project (Phase 42 I). -Page 1- #0._~.~-- 43 3. 45 46 47 48 5O 51 52 53 54 ~7 The Board has determined that the construction and maintenance of the County-wide Computerized Traffic 'stem Signal Improvement Project (Phase I) transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the traffic signal interests by easement identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, traffic signal interests by easement identified in Exhibit "A". 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements wi~t the appraisal finn(s) selected from the list off'u-ms pre-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal repor~ for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data 60 ~-- therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data 6 rtinent to the subject parcels. 62 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property 63 acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective 64 properW owners of the full compensation (as established by the appraisal or staff compensation esnmates in accordance 65 with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective 66 easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems app_ropriate in 67 order to protect the interests of the Coi~nty; and the Board hereby authorizes its present Chairman and any subsequent 68 Chairman. for the life of the Project, to execute any instruments which have been approved by the Office of the County 69 Attorney, ~,t, emove the lien of any encumbrance and for any such other purpose as may be required for the acquired traffic 70 signal interests by easement. 71 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement# or "Easement 72 Agreement" mechanism, the Director of the Public Works Engineering Depat~anent, or his designee, is charged with the 73 responsibility for completion of various capital impr~ement projects, and is hereby delegated the authority to approve the 74 purchase of land interests above the staff compensation esttmate or appraised value and pay normally related costs when it 75 is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being 76 acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than 7'7 Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County 7 rchasing Department: provided, Project funding is available. -Page 2- MAY 2 3 2OOO 79 8O 81 82 83 85 86 87 88 89 90 91 93 94 95 96 97 98 99 1O0 101 102 103 104 105 106 107 108 109 l10 111 112 113 114 115 116 117 118 119 121 122 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. I I. The ChanTnan of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the propen'y owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properlies. THIS RESOLUTION ADOPTED on this __ day of ,2000, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK. CLERK Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and ]ega! sufficiency: 1 Heidi F. Ashton Assistant County Attorney -Page 3- qA¥ 2 3 [ L¢ ,.= i PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTIONProject:60171 NOT A SURVEY Parcel: 100 EXHIBIT_Q__ Folio: 7072044000 TRAFFIC SIGNAL EASEMENT LOT 30 LOT 31 ;- O BLOC ~ "A" o S 89°26'18"W 60.00' "~'~ P.O.B. DAVIS BOULEVARD (S.R. 84) LEGAL DESCRIPTION BEGIN AT THE SOUTHEAST CORNER OF LOT 31,BLOCK "A" OF THE PLAT THEREOF, ROCK CREEK PARK, AS RECORDED IN PLAT BOOK 1, PAGE 79, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S 89'26'18" W ALONG THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD 10.00 FEET; THENCE N 44'33'59" E 14.17 FEET TO THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD; THENCE S 00°1§'21" E ALONG SAID WEST RIGHT OF WAY LINE 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 50 SQUARE FEET MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD BEING S §9°26'1§" GENERAL NOTES 1) P.O.C = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION PRepARED BY: 5) RGE. = RANGE ......... ~" GEORGE R. RICHMOND P.L.S. 2406 6) PJW = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL A ~ D T EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRjI~I BY [~HI::L;KEU BY SCALE DATE FILE NO. NOTTO SCALE APRIL 24, 2000 DAVLITE SHEE r I (~Y 2 3 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Project: 60171 Parcel: 101 NOT A SURVEY Voi±o: 0038670501 Page_o~_of cr ~ TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPIION BEGIN Al THE POINT OF INTERSECT~ON OF THE WESI RIGHI OF WAY LINE OF AIRPORT ROAD AND THE WEST TO EAST PROLONGATION OF THE SOUTH RIGHT OF WAY LINE OF NORTH ROAD AS SHOWN ON THE PLAT THEREOF, C.W. HUDDLESTON'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,THENCE SOUTHERLY ALONG SAID WEST RIGHT OF WAY OF AIRPORT ROAD A DISTANCE OF 12 FEET; THENCE WESTERLY ALONG A LINE LYING 12 SOUTH, AS MEASURED PERPENDICULAR TO, SAID WEST TO EAST LINE A DISTANCE OF t5 FEET; THENCE NORTHERLY ALONG A LINE LYING 12 FEET WEST, AS MEASURED PERPENDICULAR TO, SAID WEST RIGHT OF WAY LINE OF AIRPORT ROAD A DISTANCE OF 12 FEET; THENCE EASTERLY ALONG SAID WEST TO EAST PROLONGATION LINE A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC.= SECTION PREPARED BY: 5) RGE. = RANGE ...... 6) RAN = RIGHT OF WAY /¥,!. EORGE R. RICHMOND P.L.S. 2406 ?"~C~)~11EGR COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8] NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A P,~OFESS,ONAL U, ND SURVEYOR NOT TO SCALE JANUARY 19, 2000 STWR670 SHEET I IF 1M kY 2 3 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Project: 60171 NOT A SURVEY Parcel 102 Folio: 0026912000 EXHII JT _ Page_~' of cl TRAFFIC SIGNAL EASEMENT ~1 LOT 79 COCONUT RIVER f,t UNIT1 P.O.B. / 1 N 89°,3,9'15"E 240.00' i~0~' I < , o 7o [.- ~ ~ 0 , S 89°39'15"W 240.00' QUTRIGGER LANE LEGAL DESCRIPTION BEGIN AT THE SOUTHEAST CORNER OF LOT 79 OF THE PLAT THEREOF, COCONUT RIVER UNIT AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SAID POINT OF BEGINNING LYING ON THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD; THENCE S 00'42'05" E ALONG SAID RIGHT OF WAY 20 FEET; THENCE S89'39'15' W 10 FEET; THENCE N 00°42'05" W 20 FEET; THENCE N 89'39'15" E 10 FEET TO THE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B = POINT OF BEGINNING 3) SEC.= SECTION PREPARED BY: 5) RGE. = RANGE ' ............ COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL Of A PROFESSIONAL LAND SURVEYOR NOT TO SCALEJANUARY ,9, 2000S RO2OSS.EE'r PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Project: 60171 NOT A SURVEY Parcel: 103 Folio: 00274 160001 EXHIBI~._~_~ LEGAL DESCRIPTION THE SOUTH 35 FEET OF THE EAST 20 FEET OF THE WEST 70 FEET OF THE FOLLOWING DESCRIBED PARCEL; THE WEST HALF OF THE WEST HALF OF THE NORTH 631.24 FEET OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25, EAST, CQLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O G. = POINT OF COMMENCEMENT 2) P.O.B = POINT OF BEGINNING 3) SEC = SECTION PREPARED BY: 5) RGE. = RANGE /C-~ORGE R. RICHMOND P.L.S. 2406 6} PJVV = RIGHT OF WAY C/COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR N0.. NOT TO SCALEJANUAR~ ~, 2000S~R620NSHEET ~OF filY 2~.3 2000 PUBLIC WORKS ENGINEEKING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Project: 60171 NOT A SURVEY v~rce~_: ]04 Folio: 26731200001 EXHIBr TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION THE SOUTH 20 FEET OF THE NORTH 55 FEET OF THE EAST 10 FEET OF LOT 27 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PREPARED BY: /? 4) TWP. = TOWNSHIP 5) RGE = RANGE GEORGE R. RICHMOND P.L.S. 2406 6) RA~ = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR N0 o_ DI;LAWN BY CHECK~U BY SCALE DATE FILE NO, NOTTOSCALE JANUARY 19,2000 STW.615S SHEET 1 DF 1M~IY 2 3 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Project: 60171 NOT A SURVEY Parcel: 105 Folio: 0027416000{ IEXHIBIT_.J _. TRAFFIC SIGNAL EASEMENT LEGAL DESCRIPTION THE SOUTH 20 FEET OF THE NORTH 80 FEET OF THE EAST 15 FEET OF THE WEST 65 FEET OF THE FOLLOWING DESCRIBED PARCEL; THE WEST HALF OF THE WEST HALF OF THE NORTH 631.24 FEETOF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25, EAST, COLLIER COUNTY, FLORIDA. GENERAL NOTES 1) P.O.C = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC, = SECTION PREPARED BY: 6) PJVV = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE JANUARY 19, 2000 STWR615N SHEET' OF Yl/~f 2'3 2000 p;. II PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY Project: 60171 Parcel: 106 Folio: 6194020000( TRAFFIC SIGNAL EASEMENT lEGAL DESCRIPTION BEGIN Al THE POINT OF INTERSECTION OF IHE NORTH RIGHT OF WAY/INE OF FLEICHMANN BOULEVARD AND THE WEST RIGHT OF WAY LINE OF GOODhE]rE-FRANK ROAD; THENCE EASTERLY ALONG THE WEST TO EAST PROLONGATION OF SAID NORTH RIGHT OF WAY LINE OF FLEICHMANN BOULEVARD A DISTANCE OF 132.8 FEET MORE OR LESS TO THE EAST RIGHT OF WAY LINE OF GOODLETTE-FRANK ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 16 FEET; THENCE EASTERLY AND PERPENDICULAR TO, SAID EAST RIGHT OF WAY, A DISTANCE OF 12 FEET; THENCE NORTHERLY ALONG A LINE LYING 12 FEET EAST, AS MEASURED PERPENDICULAR TO, SAID EAST RIGHT 0F WAY LINE A DISTANCE OF 16 FEET; THENCE WESTERLY A DISTANCE OF 12 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC. = SECTION PREPARED BY: 5) RGE, = RANGE .......... ~GEORGE R. RICHMOND P.L.S. 2406 6) RAN = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL , 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~' ' NOT TO SCALE JANUARY 20; 2000 STWR188 SHEET oFNAl 2 3 2OO0 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (94 l) 774-8192 SKETCH OF DESCRIPTION Project: 60171 NOT A SURVEY Parcel: 107 PARCEL "A" ~ P.O.C. GOLDEN GATE PARKWAY (C.R. 886) I 42=25'54' 67.00 4962 26 O] 48.49 S 21°19'40" W 2 21 ~56'45" 67.00 2566 1299 25.51 $ ! 1 °05'05" W COMMENCING AT THE POINT OF INTERSECTION OF THE FORMER NORTH RIGHT OF WAY LINE OF GOLDEN GATE BOULEVARD AND THE FORMER WEST RIGHT OF WAY LINE OF AIRPORT ROAD AS DEPICTED IN O.R, 2064, PAGE 1159, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA; THENCE NORTtt 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 47.59 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 17 SECONDS WEST, A DISTANCE OF 29.17 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID PRESENT RIGHT OF WAY LINE AND CONTINUING WEST ALONG SAID LINE, A DISTANCE OF 16.25 FEET; THENCE NORTtt 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 22.56 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND A POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 67.00 FEET, A CENTRAL ANGLE OF I 1 DEGREES 36 MINUTES 57 SECONDS, AND A CHORD OF 13.56 FEET BEARING SOUTH 27 DEGREES 51 MINUTES 56 SECONDS WEST; THENCE SOUTHWEST ALONG SAID CURVE, A DISTANCE OF 13.58 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.005 ACRE (236 SQUARE FEET), MORE OR LESS. GENERAL NOTES ~) P.O.G. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGIHt41NG 3) SEC. = SECTION PREPARED BY: §) RGE. = RANGE ?r.~EORGE R. RICHMOND P.L.S. 2406 6) RNV = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 330'1 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 NO. ~ r.~~ EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR SCALEMA.O. 24, 2000S WR OS.E.TOF2 3 Z000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION Project: 60171 NOT A SURVEY Parcel: 108 & 109 EXHIB T- - ~olio: 679933600(7 LEGAL DESCRIPTION THE NORTH 20 FEET OF THE EAST 10 FEET AND THE NORTH 10 FEET OF THE SOUTH '130 FEET OF THE EAST 10 FEET OF LOT 3, BLOCK "A" OF THE PLAT THEREOF POINCIANA VILLAGE UNIT 1, AS RECORDED IN PLAT BOOK 8, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. GENERAL NOTES 1)PO.C = POINT OF COMMENCEMENT 2) P.OB. = POINT OF BEGINNING 3) SEC. = SECTION PREP~A~ED BY: 5) RGE = RANGE ..... -~'-- (~=~'EORGE R. RICHMOND P.L.S. 2406 6) PJW = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR N0 DRAWN BY~,H~KED BYSCALE DATE FILE NO .OTTO SCALE J UAR .,2000 SHEET oFHA' 2 3 2000 PG. I EXECUTIVE SUMMARY APPROVE A 2-PARTY AGREEMENT AND ACCEPT AN EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FROM MCALPINE (BRIARWOOD), INC. OBJECTIVE: Approve a 2-Party Agreement and accept an Easement and Temporary Construction Easement from McAlpine (Briarwood), Inc., thereby coordinating the current construction contracts for the development of Livingston Road, Project #60061, with the planned improvements of Briarwood Plaza. CONSIDERATION: Collier County, in compliance with and in fulfillment of the County's five- year secondary roadway improvement program, is presently constructing a portion of Livingston Road, C.R. 881 highway designated as Collier County Project #60061, Livingston Road four-laning improvements commencing from Radio Road extending northerly to Golden Gate Parkway. McAlpine (Briarwood), Inc. is proposing to construct, reconstruct, or otherwise change a portion of Livingston Road to provide roadway access to the Briarwood Plaza, hereinafter referred to as the "Briarwood Project". The Developer desires to compensate and have Collier County, on behalf of the Developer, design, permit and construct the Briarwood Project concurrently with the County's construction contract previously executed for the Livingston Road Project. In an effort to facilitate the construction of the Briarwood Project, McAlpine (Briarwood), Inc. has agreed to convey, at their expense, the necessary easements to Collier County. The construction of the Briarwood Project in concert with the construction of Livingston Road, Project #60061, will be beneficial for the residents of Collier County, McAlpine (Briarwood), Inc. and the Collier County Transportation Department by reducing future traffic disruptions associated with a secondary phase of construction to the Briarwood Plaza infrastructure, minimizing the unsightly appearance related to a secondary phase of construction, receiving property fights without cost to the County, and expediting the improvement of the roadway system in Collier County. FISCAL IMPACT: No fiscal impact will be incurred. McAlpine (Briarwood), Inc. shall be responsible for all costs associated with the conveyance of the necessary property rights and for all phases of design, permitting and construction as enumerated within the 2-Party Agreement. GROWTH MANAGEMENT: This recommendation provides for the construction of Livingston Road, Project #60061, in conjunction with the anticipated improvements and growth of Briarwood Plaza while maintaining the integrity of Capital Improvement Project # 053, which is consistent with the County's Growth Management Plan. MAY 2 3 2000 RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached 2-Party Agreement; and 2. Authorize the Chairman to execute the attached 2-Party Agreement; and 3. Accept the Temporary Construction Easement and the Road Right-of-Way, Drainage, Utility and Maintenance Easement (Copies are attached for reference); and 4. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. PREPARED BY: · ,~~"~/~ c~ DATE: d: KeithfGomez/Real P~i~ry Specialist II, Real Property Management Department Mitch Momtaz, Senior Proje~JeEngineer~ m~s En~ring~ Ed~~. Tg-~ansnortation Services Department ~.B~war,~'~l. Ff"nn, Interim/Administrator, Public Works Division AGENDA IT£~/ .o. ts20;9 MAY 2 3 2000 PROJECT: Livingston Road PARCEL: 702 FOLIO: 24755002504 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made and entered into this /~' day of /~/:;~,~ ,/,/-. 2000, by, MCALPINE (BRIARWOOD), INC., a Florida corporation, whose mailing address is 110(~ South 5th Avenue, Suite 201, Naples, Florida 34102 (hereinafter referred to as 'Grantor'), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns (hereinafter referred to as 'Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's. lands as described above, and for the purpose of stodng material and equipment during construcl~n and installation of public improvements adjacent thereto. This Easement shall expire year beyond the official acceptance of the public improvements by the Board of County Commissio, of Collier County, Florida, or on February 28, 2001, whichever occurs first. Grantee shall restore the surface of the Easement Area to the condition existing prior to the commencement of construction adjacent thereto. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. ~Witn(~ss (Signature) Name.~~' ~:~f~/,~P '~tness (Signt;l~ura) (PNnI) MCALPINE (BRIARWOOD), INC., .~n A. Wanklyn, President// 1100 South 5th Avenue, Suite 201 Naples, Florida 34102 STATE OF ~r..~ ~ COUNTY OF The foregoing Temporary Construction Easement was acknowledged before me this ,'Y~' day of ,,~I~z~/Z.__ , 2000, by John A. Wanklyn, as President, on behalf of MCALPINE (BRIARWOOD), INC., a Flodda corporation, who is personally known to me or has produced as identification. (affix notadal seal) '""----(.~nature of N(~ry Public) (Pdnt name of Notary Publi, NOTARY PUBLIC Serial/Commission #: if an . ~-: ~,:-?- -i i',y: My Commission Expires: .-;. ; ; ' ,"~ 'J -i !) ,MAY 2 3 2000 PC. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT PRO ECT.O ............... I~1~~ ! PARCEL NO ..................... 702 FOLIO NO ..................................... P.O.C. ~..~_ S 89'43'02"E m S, 9'43'02'~ PRESERVE AREA 20.00' ~ 40.00' P.O.B.' I TRACT "A" / , ~ . I ~ .... PARCEL 702 O zl ~ = N 89'43'02"W ~ I ' COMMBNCIN8 AT ~IE NOR~WEST CORNER OF ~ A, OF ~E PLAT B~ARWOOD ~LAZA, AS R~CO~ED ~ PLAT BOOE 17, PAGES 24 & 2~ OF ~E RECOBS OF COLL1ERCO~, FLORIDA', ~!ENCE sOg~l 0 DEGEES Ifi M~ES 57 SECO~S WEST ALONG ~E EAS~ RIGHT OF WAY L~E OF LIV~GSTON ROAD, A DISTANCE OF 51.47 FEET; ~IENCE SOU~i 89 DEGREES 43 M~TES 02 SECONDS EAST, A DISTANCE OF 20.00 FEET TO TIlE PO~T OF BEG~O; ~IENCE CONT~O EAST ALONG SAID LINE, A DISTANCE OF 40.00 FEET; ~IENCE SOU~! 0 DEO~ES 16 M~ES 57 SECONDS WEST, A DISTANCE OF 125.00 FEET; T!tENCE NORTII 8~ DEO~ES 43 M~TES 02 SECO~S WEST, A DISTANCE OF 40.00 FEET; THENCE NOR~t 0 DEGREES 16 M~TES 57 SECO~S EAST, A DISTANCE OF 125.~ FEET TO TIlE PO~T OF BEO~O; SAID DESC~BED ~ CONTA~G O. I I 5 ACRE {5,0~ SQUARE FEET), MO~ OR LESS. BASIS OF BEAR~OS IS THE EAST ~O!{T OF WAY L~E OF LIV~OSTON ROAD BErG S ~o 16' 57" W. 1) P.O.C. = POINT OF COMMENCEMENT / 2) P.O.B. = POINT OF BEGINNING PREPARED 8Y DAlE 3) SEC. = SECTION GEORGE R. RICHMOND 4) ~P. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REO. ff 2408 5) RGE. = RANGE PUBLIC WORKS ENGINEERING ~) R~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 33o~ EAST TAMIAMI ~'~ ' A~NOA ITEM a) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 3 EMBOSSED S~AL .OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PROJECT: Livingston Road PARCEL: 102B FOLIO: 24755002504 EASEMENT THIS EASEMENT, made and entered into this /~' day of p l.w- , 2000, by, MCALPINE (BRIARWOOD) INC., a Flodda corporation, whose mailing address is 1100 South 5th Avenue, Suite 201, Naples, Florida 34102, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for road right-of- way, drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HA~E AND TO HOLD the same unto the Grantee, together with the right to enter upon saia . .~, place, excavate, and take materials for the purpose of constructing, operating and maintaining road right-of- way, drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easements granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first aboye written. Name: ~C6~4/6' 4G~.J43--~'~ (Print) -~9~'tness (Sigli~ure~ - Name:7~'/'~3~2'~F ~ ~ ,,~,~-Y' (Print) MCALPINE (BRIARWOOD), INC., ~'ohn A. Wanklyn, Presid~/~' 1100 South 5"~ Avenue, Suite 201 Naples, Florida 34102 STATE OF ~'~..Z3,~ ~ D~ ii COUNTY OF ~__~ ~-Z.,,/,~'/~-... The foregoing Easement was acknowledged before me this/9 day of Z~/~/Z, , 2000, by John A. Wanklyn, as President, on behalf of MCALPINE (BRIARWOOD), INC., a Flodda corporation, w~ i~ersonallv known to me or has produced as identification. (Affix notadal seal) <.~ J~ (S~-gnature of Ne(ary Public) (Pdnt name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any My Commission Expires: __ 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES. FLORIDA .33962 (813) 77,1-8192 -' / I l~t,I (.I NO. PROJ[C'r PARCEL NO. /~,~- ~ TAX PARCEL NO.. SKETCH .OF LEGAL DESCRIPTION .(NOT A SURVEY) LEGAL DESCRIPTION Parcel 102B A potion of Tract "A" oflhe plal Ihereaf~ BRIARWOOD PLAZA, as recorded in Plat Book 17, Pages 24 and 25 ofthe Public Records of Collier County, Florida and being more particularly described as follows; COMMENCE at the Southwest Corner of said Tract "A", said POINT of Commencement lying at the point of inlersection of tile Norlh Right of Way line of Radio Road (CR 856} and Ihe East Riglit of Way line of Livingston Road (CR 881); thence a~ong said east Right of Way line N 00° 16' 57" E 44210 feet to the POINT OF BEGINNING; thence continue N 00° 16' 57" E 416.39 feet; thence leaving said East Right ofWayline S 89° 43' 03" E 2000 feel; thence S 00° 16' 57" W 34821 feet; thence S 08° 37' 36" W 68,91 fedt; thence N 89" 43' 03" W 1000 feet to the POINT OF BEGINNING. Containing 7987 square feel more or less. Basis ofbearings is Ihe Wesl line of aforesaid Tract "A" being N 00° 16' 57" E. Sheel I of 2 SCAI.F. DRAWN BY: CHECKED BY: FILE NO: REVISED: .QY' DATE: L;£O'JT~ RICHMOND OFFICE OF CAPITAL PROJECTS I COLLIER COUNTY GOVERNUENT COMPLE)I 3501 E TAMIAM, TRAIL NAPLES, FLORIDA .~_~ 2 3 1'"' I OFFICE OF CAPITAL PROJECTS $30? EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 SKETCH OF DESCRIPTION EXHIBrF,,A 51'4T/ I0.00' 20.00' 53.82' 55.OO' PARCEL I026 17'36'W. 53.82' P.O.B 60.07'- SECRON CORNER ~6'W. 68.91' 05'E. 10.00' BRIARWOOD PLAZA PB 17/ PG 24 TRACT A 13.13' 58.78' I(~ N.87'46'o6'£, 576.99' S.87'46'O6'W. 466.11' RADIO ROAD _~S. 74'43"24"£. 66.49' P.O.C. GENERAL NDTES 1) P.O.C. Indicates Point oF Commencement B) P.I].B. Indicates Point oF Beginning 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge. Indicates Range 6) R/W Indicates Rlght-oF-wa¥ 7) All 0tlstances are In Feet and decimals thereof 8) Basis oF Bearings Is the ~/est line oF Tract 'A' being N.00'I6'57'E. 9) Not valid unless signed and sealed with the embossed seol oF the proFesslonQI Iond surveyor THIS IS ONLY A SK~CH NDT TD ScaLE 09-16-96 LRBRIO~B AGREEMENT THIS Agreement, made and entered into this /f day of WP/~I~ , 2000, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and McAlpine (Briarwood), Inc., a Florida Corporation, its successors and assigns, hereinafter called the DEVELOPER. WITNESSETH WHEREAS, the County, in compliance with and in fulfillment of COUNTY'S five-year secondary roadway improvement program, is presently constructing a portion of Livingston Road, C.R. 881 highway designated as COUNTY'S Project No. 60061, Livingston Road four laning improvements commencing from Radio Road extending northerly to Golden Gate Parkway, hereinafter called "Highway". WHEREAS, the DEVELOPER, is proposing to construct, reconstruct, or otherwise change a portion of C.R. 881 to provide roadway access to the Briarwood Plaza, said access facilities construction, hereinafter called the "Project"; and WHEREAS, the DEVELOPER desires to compensate and have the COUNTY, on behalf of the DEVELOPER, design, permit and construct the Project concurrently with the COUNTY'S construction contract previously executed for the Highway; and WHEREAS, the COUNTY is agreeable to and desirous and capable of perfor' ing, providing, otherwise undertaking certain design, or permitting, construction, and contract administration services for DEVELOPER in connection with the Project. NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, the COUNTY hereby agrees to perform, provide, or otherwise undertake certain design, permitting, construction, and contract administration services in connection with the Project as outlined below, and both the COUNTY and the DEVELOPER hereby covenant each to the other to implement the Project concurrently with the Highway subject to and in accordance with the COUNTY'S road construction agreement for said Highway and the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION AND LOCATION OF HIGHWAY AND PROJECT 1.01 The Highway which the COUNTY is presently constructing pursuant to the COUNTY'S previously approved five-year secondary roadway program consists of constructing Livingston Road as a four (4) lane two (2) way urban roadway commencing at Radio Road and extending northerly to Golden Gate Parkway. 1.02 The Project is specifically located adjacent to and on land held by DEVELOPER within part of Section 31, Township 49S, Range 26E, or approximately at Livingston Road, C.R. 881, station 97 + 38. The planned scope of work for the Project consists of a northbound right turn lane access, southbound left turn lane access and an entrance configured to allow traffic in multiple directions, associated drainage work and entrance reconfiguration as more particularly described in the COUNTY'S design plans for Project No. 60061 as designed I ~ol%~g~5,c~cy, ',,': ] MAY 2 3 2000 and which shall be amended by COUNTY for the purposes set forth he- ~n. It is understood that said design plans prepared and provided by ?Y are deemed herein to include appropriate construction drawings, specifications and all other contract documents for DEVELOPER'S Project. SECTION II. ~ 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate upon the completion of the services and responsibilities performed by the COUNTY and the DEVELOPER to each other's reasonable satisfaction which shall be evidenced in writing. 2.02 The COUNTY or DEVELOPER may terminate this Agreement with reasonable cause prior to the completion of the Project, upon thirty (30) days prior written notice each to the other or as provided in Section 2.03. In the event of such termination by either party, the COUNTY shall be entitled to compensation for the value of services provided, construction performed, and termination costs as actually incurred. 2.03 The Project as proposed, except for the entrance reconfiguration, shall be primarily maintained by the County or its assigns with respect to roadway and drainage improvements and by private and/or public utility agencies with respect to any underground and aboveground utilities, all of which may exist within public rights-of-way and/or public or private easements. The DEVELOPER herein agrees to grant or acquire on behalf of the COUNTY at no cost to County all additional rights?of way and/or easements required by the COUNTY in ord~ constr~ct the Project and thereinafter to enable the COUN~ o effectively maintain the Project. Such grant or acquisitions may incxude permanent easements in perpetuity or temporary construction easements which shall expire and become null upon completion of all work specified by the Project design. In the absence of a formal grant of a permanent easement and/or temporary construction easement by DEVELOPER unto COUNTY, this Agreement shall terminate thirty (30) days after COUNTY's written request for said easements, unless otherwise agreed by COUNTY. 2.04 COUNTY reserves the right at its expense at a future time to restrict movement as part of a future highway improvement to Livingston Road. SECTION III. DEVELOPER's RESPONSIBILITIES 3.01 The DEVELOPER shall assume the cost of designing and constructing the Project. The COUNTY shall provide copies of the plans and specifications for approval by the DEVELOPER. 3.102 The DEVELOPER shall not be responsible for, nor shall DEVELOPER dictate, the means, methods, techniques, sequences or procedures of construction relating to the Project, said responsibility to be that of the COUNTY and/or its contractor for the Highway and the Project. 3.03 The DEVELOPER shall not be responsible for the COUNTY or its contractors complying with OSHA Safety and Health Standards ~(29 CFR 1926/1920) as authorized by the U.S. Department of Labor, Occupational Safety, and Health Administration, said responsibility to be that o COUNTY and/or its contractor for the Highway and the Project. 3.04 The environmental DEVELOPER shall not be and operational permits 2 responsibl~ for ~Lt-- for the responsibility to be that of the COUNTY and/or its contractor for the Highway and the Project. 3.05 The DEVELOPER agrees to assign a representative or agent to the Project during design and construction of the Project so that the COUNTY may effectively coordinate its services with DEVELOPER. In this respect, the DEVELOPER agrees to require its representative or agent to attend regular progress meetings as may be requested by the COUNTY. The DEVELOPER's representative or agent under this Agreement shall be ~7'~ ~..~F~ or any other individual, firm or entity that the DEVELOPER recommends to the COUNTY and the COUNTY henceforth approves. Moreover, the DEVELOPER's representative or agent under this Agreement, ~7-z~f~ ~. ~/~ , shall act as DEVELOPER'S contract authority under this Agreement and any directions, instructions, or notifications given such representative or agent by the COUNTY or by the COUNTY'S authorized representative or agent shall be in full force as it given directly to the DEVELOPER. The above notwithstanding, the COUNTY shall endeavor to issue directives, instructions, or notifications relating to the Project jointly to the DEVELOPER and to ,-'~ ~. ~//~4~F~ SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to the DEVELOPER by the COUNTY under the terms of this AGREEMENT, the "Anticipated Cost of Project" [ACP] and the "Actual Construction Cost Statement" [ACCS] are deemed to include but shall not necessarily be limited to the following items: '~ 4.011 Roadway and drainage designs including plan reviews and coordination by COUNTY during construction; and, any resultant necessary revisions required by COUNTY, by DEVELOPER, or by utility or environmental agencies. 4.012 Coordination of the Project improvements with environmental permitting agencies and other governing authorities during design and construction of the Project and the Highway. 4.13 Formulation, preparation and administration time expended by COUNTY for this Agreement. 4.014 Reimbursement of the actual costs of constructing the Project, including reasonable and justified additional costs if incurred by the COUNTY directly related to delay and time extensions under the Highway contract caused by or necessitated by the Project work. 4.015 Construction and contract administration time for the Project, expended by the COUNTY on behalf of the DEVELOPER to the extent that such costs are reimbursable to the COUNTY as more particularly specified in 8.03 hereinafter. 4.02 The following specific services will be the obligation of the COUNTY regarding construction and contract administration of the Project: 4.021 Coordinate COUNTY'S design and construction ~of the Project with DEVELOPER and/or DEVELOPER's agent. 4.022 Conduct daily on-site observations of all work to review contractor compliance with the Project plans and specifications, with monthly written progress reports to the 3 MAY 2 3 2000 representative as deemed necessary by the COUNTY and if so reguir y DEVELOPER. 4.023 Coordinate contract related Project activities with the DEVELOPER's agent or representative. 4.024 Confer with public officials and utility owners in an effort to coordinate work stages. 4.025 Maintain contact with necessary individuals or entities in an effort to assist the DEVELOPER's representative or agent in ensuring that the COUNTY'S Highway contractor is constructing the Project according to COUNTY and DEVELOPER approved plans and specifications. 4.026 Keep a record of construction progress in accordance with accepted standard practice. 4.027 Conduct periodic field measurements and calculate quantities for monthly pay requests and coordinate such measurements and calculations with the DEVELOPER's agent or representative. 4.028 Keep a daily record of on-site observations. 4.029 Administrate, in the form of plans, memoranda, reports, or design clarifications and changes which may be necessary during construction of the Project. If the DEVELOPER approves change~ and the price therefore, the COUNTY shall forthwith Change~Order and/or Supplemental Agreement documents as appropriate _or DEVELOPER's execution. The above notwithstanding, the DEVELOPER additionally authorizes the COUNTY to prepare, execute and implement minor .Change Orders for work changes necessitated by actual field conditions at the Project site to accommodate the approved plans for the Project. Said Change Orders must be issued for work within the physical limits of the Project, and in no event shall the value of any individual Change Order exceed $1,000.00, nor shall the combination of such Change Orders exceed ten (10) percent of the estimated total contract amount for the Project. Additional or extra work not covered by existing COUNTY construction contract unit prices for the Project shall be authorized in writing through a Supplemental Agreement document .signed by both the COUNTY and the DEVELOPER. 4.0210 Review and approve shop drawings for conformity with the Project's plans and specifications. 4.0211 Review the Highway contractor's claims for time extensions and extra compensation for the Highway and/or Project, if any, an~ advise DEVELOPER accordingly of resultant impact to the Project. 4.0212 Correct errors, omissions and deficiencies of a minor nature that appear in the Project plans and specifications during the course of construction with the exception of existing underground or above-ground private utilities. 4.0213 Regularly and periodically examine, if requester the DEVELOPER or DEVELOPER's representative, requests for pay~ (monthly pay estimates) as submitted to the COUNTY by the COUNTY'S Highway contractor to determine that they are in order for payment and consistent with the contract documents entered into bergen and the COUNTY'S Highway contractor for the construction ~f ~e Project.~ ! MAY 2 3 2000 l When such requests are deemed to be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project plans and specifications and shall transmit them for payment to the COUNTY Finance Director as part of the monthly payment processes for the Highway. 4.0214 Obtain required guarantees of contracts and subcontractors, and waivers and releases of claim of lien from persons and firms performing work or providing services on or for the Project. 4.0215 Notify the DEVELOPER if the COUNTY'S contractor's performance is or appears to be behind schedule with regard to the Project. 4.0216 Upon completion of all work associated with the Project, including all Change Orders and Supplemental Agreements thereto, make a final inspection of the Project with the DEVELOPER's agent or representative. 4.0217 Prepare a final Report of Inspection and Certificate of Completion for submission to DEVELOPER for approval and forthwith secure final acceptance of the Project "as-built" from the Public Works Engineering Department and other local and state agencies having jurisdiction over the Project. 4.0218 If requested by DEVELOPER, provide DEVELOPER with amended drawings showing final construction of features including changes made d~ring the course of the Project based on marked-up blueline prints, drawings and other data furnished by the COUNTY'S Highway contractor to the COUNTY. These amended drawings shall be designated as "record drawings", but shall not be certified by the COUNTY. 4.0219 The COUNTY will utilize personnel having adequate qualifications and number in performing its' responsibilities hereunder. 4.0220 It is understood and agreed by the parties that the function of the COUNTY under the terms of this Agreement is to provide specific design, permitting, construction and contract administration services as enumerated heretofore. If the COUNTY'S Highway contractor at any time fails or failed to comply with its contract with COUNTY, then such failure(s) and subsequent compliance shall be the sole responsibility of said contractor, provided however, that if the COUNTY fails or failed to comply with the terms of this Agreement, the COUNTY shall be solely responsible to the DEVELOPER for such failure(s) or non- compliance. If the COUNTY's contractor's failure to comply is a result of the DEVELOPER failing to comply with the terms of this Agreement then the DEVELOPER shall be responsible for such failure or non-compliance. SECTION V. INDEMNIFICATION 5.01 In consideration of ten dollars ($10.00) receipt and sufficiency of which is accepted through the signing of this Agreement by an authorized party or agent, the DEVELOPER shall indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, negligence of the DEVELOPER or its agents or representatives arising from or incident to the DEVELOPER's performance under this Agreement as otherwise provided in Section 4.0220. MAY 2 3 2000 This provision shall also pertain to any claims brought agains he COUNTY by any employee of the named DEVELOPER, any sub-contractc Jr anyone directly or indirectly employed by any of them. The DEVELOPER'S obligation under this provision shall not be limited in any way, by the agreed upon contract price [ACP] as shown in this Agreement or the DEVELOPER'S limit of or lack of sufficient insurance protection. SECTION VI. ~ 6.01 The COUNTY and the DEVELOPER shall maintain insurance in the minimum amounts and types as required by Florida Law. 6.02 The COUNTY and the DEVELOPER agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations and must meet with the approval of the other party to this Agreement. SECTION VII. REPRESENTATIVES 7.01 The Collier County Public Works Engineering Department, either directly with the DEVELOPER or through duly authorized representatives assigned to the Project by him, shall act as the COUNTY'S contract authority under this Agreement. As the COUNTY'S designee under this Agreement, the Public Works Engineering Department shall also have the authority, with the prior written approval of the DEVELOPER, to ex~nd the scope of work in the Project as heretofore described, up to a ~ not t~ exceed 15% of the COUNTY'S actual contract bid price ~r constructing the Project thus increasing the amount of design, permitting, construction and/or contract administration services beyond that originally contemplated herein. SECTION VIII. MUTUAL COVENANTS 8.01 The COUNTY will endeavor to commence with and complete construction of the Project in accord with the contract time previously established by the Board of County Commissioners for construction of the Highway pursuant to COUNTY Bid No. 99-2990. The work for both the Project and the Highway shall meet the specified standards of the State of Florida Department of Transportation and the COUNTY Transportation Services Division. 8.02 If requested by DEVELOPER, the COUNTY shall provide the DEVELOPER with a statement outlining the anticipated construction cost of the Project [ACP] within ninety (90) calendar days after execution of the Road Construction Agreement. The [ACP] shall summarize the estimated lump sum and/or unit prices for required work and construction materials multiplies by the COUNTY'S estimated quantities of said work and materials. The [ACP] represents the COUNTY'S best projection of the probable cost of constructing the Project based on the COUNTY'S design of the Project. 8.03 The DEVELOPER shall pay unto the COUNTY the amount of FiftY-two Thousand Five Hundred Seventy-three Dollars and 68/100 ($52,573.68) the escrow deposit [ACP] for construction of the project by the CO within fourteen (14) calendar days after the date of execution of this Agreement. The [ACP] herein includes Forty-four Thousand Nine Hundred Seventy Dollars and 08/100 ($44,970.08)for payment of th~ esti~~--~ of constructing the Project and 17.94% or Seven Thousand~Si~~..~ Three Dollars and 60/100 ($7,603.60) for prepayment of COUNTY'S cost of services pursuant to Article 4.01 and 4.02 above. 8.04 The COUNTY shall provide the DEVELOPER, upon completion of the Project by the COUNTY, with a statement showing the actual construction cost of the Project (hereinafter referred to as "Actual Construction Cost Statement" [ACCS] within thirty (30) calendar days after the construction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER as specified heretofore under Article number 2.01. 8.05 The COUNTY shall reimburse the DEVELOPER for the difference in value between the [ACP] and the [ACCS], if the former amount exceeds the latter amount. The COUNTY shall pay the additional amount to the DEVELOPER within forty-five (45) calendar days after the date on which the construction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER as specified heretofore under Article number 2.01. 8.06 The DEVELOPER shall reimburse the COUNTY for the difference in value between the [ACP] and the [ACCS], if the former amount exceeds the former amount. The DEVELOPER shall pay the additional amount to the COUNTY within forty-five (45) calendar days after the date on which the construction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER as specified heretofore under Article number 2.01. SECTION IX. 9.01 't This Agreement shall be governed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorney's fees. 9.02 It is understood that this Agreement must be executed by both parties prior to the DEVELOPER and the COUNTY commencing with the work and services described heretofore. 9.03 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be reduced to writing and signed by the parties hereto. 9.04 The waiver of either party hereto of a breach of any provision of this Agreement shall not operate as a waiver of any subsequent breach of the same or any other provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: ATTEST; DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' ~nr~) IT ' TIMOTHY J. CONSTANTINE, ? MAY 2 3 2000 /¢ AS TO THE DEVELOPER: SIGNED, SEALED AND DELIVERED IN THE~PRESENCE OF: WITNESSES: STATE OF FLORIDA COUNTY OF COLLIER MCALPINE (BRIARWOOD) INC. BY: J~n -A. 'Wa~kl~n, '~ent (SEAL) Before me, the undersigned authority, this day personally appeared John A. Wanklyn to me well know and known to me to be President of the Corporation named in the foregoing Agreement, and he acknowledged to and before me that he executed said Agreement on behalf of and in the name of said Corporation; that he is duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. I~ WITNESS WHEREOF, I have hereto set my hand and affixed by official seal this ~ day of ~ , A.D. 2000. ry Public ~-n a~d for the State and County aforesaid. My Commission Expires: Approved as to form and legal sufficiency: He~di~.~ Ashton, Assistant County Attorney h:hg/hfa/&greemente-Two Party Agreements for McAlpine Briarwo(~ 8 MAY 2 3 2000 LIVINGSTON ROAD FOUR.LANING IMPROVEMENTS (FROM CR. 856 TO C.R 886) COLLIER COUNTY PROJECT No 60061 BRIARWOOD PLAZA COST ESTIMATES [1] DESIGN [ ........ N~b~nd~i9~l Turn La~e - LS S 1.1~4.16 [ 1.0 $ 1,164 16 ...... Southbound Le, Torn Lane iS - $ 2.224.~9 { - ~ ~ .... 2~2~4~49 ......... Adminislration Coats [2] - [~ $ ~6~5 i .... ~-~Oj ~-~ ........... DESIGN SUB-TOTAL ..... I ~ i I $ 7,603.60 ~Constmction Suweying - ' LS s0o.oo 1.o I aoo.o0 -'~--~ ----ICleadng~d G~ ;[-L~ $ 4,000.00 Q1 ~ .... IEmbankmenl ~ CY $ 10.25 384.0 $ 3,936.00 Subgrade Slabd~zal~on (12) SY ~ $ 1.75 422.4 $ 73920 .......... Asphall Pavement (35" Thick) ~' ~-~ $ ' '~.55 384.0 $ 2,~1 2~ ......... ~SBLTL SUB-TOTAL I ~ _ ...... ~__ )~ 1~78 ~o~h~und Right Turn Lane ~ [Const~ction Su~eying ! LS ~ $ 500 O0 1.0t $ 500 00 ~Mobilizalion ~ LS ~$ 1,500.00 1.0~$ 1,500.00 jCleadng and G~bbing LS ~-~ 4,000.00 0.2', $ 800,00 IEmbankment CY ~ $ 1025 1,010.4r$ 10.356.60 ~Subgrade Stabilization (~2~) ; ~ ~$ ~.7~.. _ 92~~t6~5 ~Asphall Pavement (3.5" Thick) SY ~-~ 555 842.0[ $ 4,673.10 .......... ~'Cu~ and Guaer LF ; $ 5.75 92.0' $ 529.00 Con~ete Sidewalk (4" Ihick) SY j $ 11.75 10.0 $ 117.50' Con~ete Pipe (18") ~ LF [ $ 2520 12.0 $ 302.40 Sldping T ~ ~ ~o~o 1.o $ 50000 NBRTL SUB-TOTAL $ 26,245 ~ CONSTRUCTION SUB-TOT~ , $ 44,970.08 DESIGN AND CONSTRUCTION TOTAL ...... ~ [1~ Eslimated ~sl in~udes ~nsbu~ o[ ~e no~bound right turn lane and Ihe soulh~nd le~ turn lane Bria~ ~za at ~ Liv~gsl~ R~Ma~et Avenue interse~i~. ["- ~ ..... ~ [2] Adminis[raaen ~st includes ~st ~[ groped~ a~praisals. litle sear~es, atlomey's fees and C01}ie~ounty ~ea~ 'A~ -~mpe~y Management Dept. ~sts , , ' .... ~ ..... ~- ~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ...............60061 PARCEL NO .....................702 FOLIO NO ..................................... P.O.C. 20.00' P.O.B. o z 0 ~) @ z z s 89'43'02"E PRESERVEAREA TRACT"A" PARCEL 702 COMMENCING AT TIlE NORTIIWEST CORNER OF TRACT A, OF TIlE PLAT TIIEREOF, BRIARWOOD PLAZA, AS RECORDED IN PLAT BOOK I?, PAGES 24 & 25 OF TIlE PUBLIC RECORDS OF COLLIERCOUNTY, FLORIDA; TIIENCE SOUTII 0 DEGREES 16 MINUTES 57 SECONDS WEST ALONG TIIE EAST RIG!IT OF WAY LINE OF LIVINGSTON ROAD, A DISTANCE OF 51.47 FEET; TIIENCE SOU'rll 89 DEGREES 43 MINUTES 02 SECONDS EAST, A DISTANCE OF 20.00 FEET TO TIlE POINT OF BEGINNING; TIIENCE CONTINUING EAST ALONG SAID LINE, A DISTANCE OF 40.00 FEET; TIIENCE SOUTII 0 DEGREES 16 MINUTES 57 SECONDS WEST, A DISTANCE OF 125.00 FEET; TllENCE NOR'Ill 89 DEGREES 43 MINUTES 02 SECONDS WEST, A DISTANCE OF 40.00 FEET; TIIENCE NORTll 0 DEGREES 16 MINUTES 57 SECONDS EAST, A DISTANCE OF 125.00 FEET TO 'l'IIE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. I 15 ACRE (5,000 SQUARE FEET), MORE OR LESS. BASIS OF BF.A!tlNGS IS 'FILE EASI' RIGlIT OF WAY LINE OF LIVINGSTON ROAD BEING S 00° 16' 57" W. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSFlIP 5) RGE. = RANGE 6) RNV = RIGI IT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS TIIEREOF §) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEPAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY ICl IECKEU OY I SCA~LE [ I)A1E NOT TO SCALE AUGUST 12, 1999 PREPARED BY DATE GEORGE R. RICtlMOND PROFESSIONAL LAND SURVEYOR-FL. Rt::u. # 2406 PHBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVI~RNMENT 3301 EAST TAMIAM, TR~L .AP ES. LO.,OA2 MAY 2 3 200 OFFICE OF CAPITAL PROJECTS 330I EAST TAMIAMI TRAIL NAPLES, FLORIDA .35962 (813) 77,1-8192 I'l~OJl:Cl PARCEL NO. /0,2. Z~ TAX PARCEL NO. SKETCH OF LEGAL DESCRIPTION .(NOT A SURVEY) IA,;GA I, DE$CRIi'TION Parcel IO2B A potlion of Tract "A" of tile plat dlei'e0t', BRIARWOOD PLAZA, as recorded in Plat Book 17, Pages 24 and 25 of Ihc Public Records of Collier Courtly, Florida and being more parlicularly described as follows; COMNIENCE at the Sm,thwcsl Corner of said Tract "A", said POINT of Commencement lying at the point ofinlerseclion of tile North Right oFWay line of Radio I},oad (CR 856) and Ihe Easl Right of Way line of LivingsIon Road (CR 881); thence along said east Righ! oFWay line N 00° 16' 57" E ,I,12.10 feet to Ihe POINT OF BEGINNING; thence contint,e N 00° 16' 57" E ,116.39 Feet; thence leaving said East RighlofWayline S 89° 43' 03" E 2000 feel;IhenceS O0° 16' 57" W 348.21 Feel; thence S 08° 37' 36" W 68.91 feet; thence N 89" 43' 03" W 10.00 feello Ihe POINT OF BEGINNING. Containing 7987 square feet more or less. Basis oFbearings is the West line ofaForcsaid Tract "A" being N O0° 16' 57" E. Sheet I of 2 p a g~l~bq gldcsc:r ip q) J 7 . CAI.E: FlY' D/~E' DRAWN BY: L;EU~CL'--F?~-RICIIMOND / '-~' '7~ o .r O ESS,O ^L L .O SUnV O tl2 0 'R~15~( __ : OFFICE OF CAPITAL PROJECTS / DA 2 OFF£CE OF CAPITAL PROJECTS 3301 FASI' IAMIAMI IRAII_ NAPLES. FI_ORIDA 3,1112 (9,11). /7,1--~1.q2 M<L1CH OF D£SCRIPflON §1'47'I MARl<E? / P ^11CI-L 10:20 I0 20.00' S. 47'4.~'48'£. 5382' ~ S 00'16'57'W. 53.00' 55§:2' .SI' £ 11011 C. ORhl[ R P.O.B.-~. /~-s 08']7'~6'w. - §§,gl' 10.00' 13.1~' BRIARWOOD PLAZA PB 17/ PG 24 TRACT A I(~ N.B7'46'OB'£. 376.99' 60.07' -- S.07'46'O6"W. P.O.C. 5.74'43'24"E. 66.49' GENERAl_ NFITES 1) I'.[].C. IndlcoLeg I'cHnt oF C~mmenceme~t 2) P.I].]t. indicates Point or 3~ Sec. indicates S(,( ti(nl ,I) lwp. lndico [es 5) R~e. indicnte~ &) R/W indicales I~ighl-or-w~y 7) All dis t~u~ces are In Feel und decimals tl~e~eo¢ ~) ]]~515 o~ lieFrings is [he ~est line ()F l¢oct 'A' being N.00'I&'57'[. 9) No( valid unless slgneU ~nd sealed with the embossed seat oF ihe proFessionaL land stl~veyr~- 'l'l-IIS Nil] 11.1I HAY 2 3 ; 000 EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT, ACCEPT A TEMPORARY CONSTRUCTION EASEMENT AND A DRAINAGE EASEMENT TO PROVIDE FLOOD RELIEF FOR PROPERTY OWNERS WITHIN THE KIRKWOOD AVENUE DRAINAGE/GATEWAY TRIANGLE AREA. OBJECTIVE: To approve an Easement Agreement and accept a Drainage Easement and Temporary Construction Easement necessary to implement the Gateway Triangle Stormwater Master Plan and improve the existing drainage conditions along Davis Boulevard and Kirkwood Avenue. CONSIDERATION: The Stormwater Management Department, as a result of the development of their Stormwater Master Plan and as part of an in-depth study to alleviate the chronic flooding problems within the Gateway Triangle Redevelopment area, has concluded that the subject property will serve as the most effective drainage easement site in that 'ocation. The Temporary Construction Easement needed is 270' in length and 10' in width. The Easement requested is 270' in length and 25' in width. The easement is located across the rear of the property known as Wild Pines of Naples which is owned by Nicholson Family Limited Partnership. Nicholson Family Limited Partnership has agreed to donate the easement, however, they are requesting payment of attorney fees in the amount of $2,250.00 (Two Thousand Two Hundred and Fifty Dollars & no/100) which they incurred as a result of negotiations relating to the County's request for said easements. FISCAL IMPACT: Staff estimates the total cost of acquisition (attorney fees), recording all documents and the cost of obtaining a title policy will not exceed $2,480.00. Funds are available in Fund 001. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Easement Agreement and authorize the Chairman to execute same; (2) Accept the attached Drainage Easement and Temporary Construction Easement; (3) Approve, execute and/or accept any other necessary closing documents related to this project, if any, once approved by the Office of the County Attorney; (4) Direct staff to record all appropriate documentation necessary to conclude this transaction; and (5) authorize staff to prepare related vouchers and Warrants for payment of the requested attorney fees. ,o. MAY 2 3 2000 SUBMITTED BY: "~/¥"~ ~"~J~ ' Hope Brack, Real Property Specialist I Real Property Management Department REVIEWED BY:~.~ ~' John H?Boldt, P.E., P.S.M., Director' Stormwater Management Department APPROVED BY: ~ -"* "' /:' / '" Edward N. Fin~, Interim Administrator Public Works Division DATE: DATE: DATE: PROJECT: 31803 (Kirkwood Ave. Ext. Storm Drain) FOLIO NO: 61833960000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between NICHOLSON LIMITED PARTNERSHIP n/k/a NICHOLSON FAMILY LIMITED PARTNERSHIP, a Colorado limited partnership, by its undersigned General Partner, who has been duly authorized by the Partnership, to execute this Agreement, whose mailing address is 27401 Country Club Drive, Bonita Springs, FL 34134, hereinafter collectively referred, to as "Owners", and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, County requires a perpetual, non-exclusive easement for the purpose of constructing, operating, and maintaining underground drainage and utility facilities on the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporaw Construction Easement for the purpose of constructing, operating, and maintaining underground drainage and utility facilities on the lands described in Exhibit "B", which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Properties to Collier County for no monetary compensation. A copy of the Drainage Easement is attached hereto as Exhibit "C". Conveyance of land shall be considered a donation. 2. The County shall pay for all costs of recording the Easement, reasonable attorney's fees incurred by the Owner not to exceed $2,250.00 upon receipt of County of an itemized bill and the recording costs of any curative instruments associated with recording this transaction in the Public Records of Collier County, Florida. 3. Prior to Closing, Owner shall cooperate with the County to obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall attempt to provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur on or before May 24th, 2000; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affectS§ -A¢I:~ ~, \ II County's enjoyment of the Property. At Closing, County shall deliver the Couty N0../~, [,~}{: j,..,2j. I Easement Agreement Page 2 Warrant to Owner or his Agent and Owner shall deliver the conveyance instrument to County in a form acceptable to County. 5. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, !ncluding all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 6. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that to the best of his knowledge and in reliance upon the recent Phase I, II and III, the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in tlge vicinity of the Property to be gifted to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. In the event the County is unable to install the underground storm drainage pipe and two manholes, as described in Exhibit "D", within the easement area in a timely manner that results in conflicts with the Owner's construction date, the Owner's contractor shall install said facilities pursuant to the County specifications, and the County shall reimburse reasonable costs incurred for installation of said facilities. The County shall not be responsible for damages or losses caused by the acts, omissions or negligence of owner or independent third parties. 9. To the extent permitted by law, the County agrees to indemnify, save and hold harmless Owner against all damages, claims, liabilities, costs and expenses including attorney fees which are a direct result of and arise out of County's use of said Owner's property. The County shall not be responsible for damages, claims, liabilities, costs or expenses caused by the acts, omissions or negligence of owner or independent third parties. This provision shall survive closing. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. MAY 2 3 2000 Easement Agreement Page 3 iN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ___ day of ,2000. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman AS TO OWNER: DATED: ' JV¢~td'ets s (~ig n a'~u r'e~) - Name: Kristin M Conroy (Print) Witness (Signature) Name: Colleen P. McCabe (Print) Nicholson Limited Partnership n/ida Nicholson FamiF~/.Limited Partnership, a ~o..rad o-li mite d~'p,a rt n e. rs hip Alexander W. Nichosl~;~,~.% Its General Pa ne~ Name l~//~.~_,~/¢&r-/,~ (Print or type) 27401 Country Club Drive Bonita Springs, FL 34134 Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney MAY 2 3 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHII31T .... Page __i_of I _ NORTH LINE LOT 30 z70' LOT 30, NAPLES GROVE & TRUCK CO. LITTLE FARMS, P.B. 1, PAGE 27A / WEST LINE LOT 30 LEGAL DESCRIPTION A PORTION OF LOT 30, NAPLES GROVE & TRUCK CO.'S LITTLE FARMS AS RECORDED IN PLAT BOOK 1, PAGE 27A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE NORTH 25 FEET OF THE WEST 270 FEET OFSAID LOT 30 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC, = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 8) RAN = RIGHT OF WAY 7} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 5, 2000 PREPARED BY: /f/GEORGE R, RICHMOND P.L,S. 2406 - COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 FILE NO. NGTCL30 SHEET 1 OF 1 MAY 2 3 2000 PC;,_,, ~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT ~_ .... Page I of i__L_._ NORTH LINE LOT 30 270' 10' LOT 30, NAPLES GROVE & TRUCK CO. ' /~- LITTLE FARMS, P.B. 1, PAGE 27A ~ '-~-- WESTLINELOT30 LEGAL DESCRIPTION A PORTION OF LOT 30, NAPLES GROVE & TRUCK CO.'S Lll-rLE FARMS AS RECORDED IN PLAT BOOK 1, PAGE 27A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE SOUTH 10 FEET OF THE NORTH 35 FEET OF THE WEST 270 FEET OFSAID LOT 30 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION PREPARED BY: 5) RGE. = RANGE L __d____ /-&~GEORGE R. RICHMOND P.L.S. 2406 6) PJVV = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL ......... 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 N'· J/. EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWNBY CHEL;KEIJ~tY SCALE DATE FILE NO. IAY 2 3 NOT TO SCALE MAY 5, 2000 NGTCL30 SHEET 10~: 1 ~,. 7 PROJECT: 31803 (Kirkwood Avenue Storm Drain) FOLIO: 61833960000 DRAINAGE EASEMENT Exhibit C (Page 1 of 3) THIS EASEMENT, made and entered into this __ day of 2000, by NICHOLSON LIMITEB PARTNERSHIP n/Ida NICHOLSON FAMILY LIMITED PARTNERSHIP, a Colorado Limited Partnership, whose mailing address is 27401 Country Club Drive, Bonita Springs, FL, 34134, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining underground drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantor specifically reserves the right to utilize the surface of the property subject to this Drainage Easement for any and all purposes whatsoever, including but not limited to driveways, parking, landscaping or buffer areas, provided such uses are permissible under County codes or laws.* Section 2.1.13 applies to this conveyance. To the extent permitted by law, the County agrees to indemnify, save and hold harmless Owner against all damages, claims, liabilities, costs and expenses including attorney fees which are a direct result of and arise out of County's use of said Owner's property. The County shall not be responsible for damages, claims, liabilities, costs or expenses caused by the acts, omissions or negligence of owner or independent third parties. This provision shall survive closing. ~This easement does not change the property boundaries for purposes of determining the setbacks. MAY 2 3 2000 Exhibit C (2 of 3 pages) Page 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) (Printed Name) Nicholson Limited Partnership n/k/a Nicholson Family Limited Partnership, a Colorado Limited Partnership By:. Alexander W. Nicholson, Jr. Its General Partner (Signature) · (Printed Name) 27401 Country Club Dirve Bonita Springs, FL 34134 STATE OF COUNTY OF The foregoing Drainage Easement was acknowledged before me this __ day of , 2000, by Alexander W. Nicholson, Jr. as General Partner of Nicholson Limited Partnership n/Ida Nicholson Family Limited Partnership, a Colorado Limited Partnership, on behalf of the partnership, who is personally known to me or who has produced as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: MAY 2 3 2000 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT c NORTH LINE LOT 30 i I I __----- LOT 30, NAPLES GROVE & TRUCK LITI'LE FARMS, P.B. 1, PAGE 27A / WEST LINE LOT 30 LEGAL DESCRIPTION A PORTION OF LOT 30, NAPLES GROVE & TRUCK CO,'S LI'I-rLE FARMS AS RECORDED IN PLAT BOOK 1, PAGE 27A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE NORTH 25 FEET OF THE WEST 270 FEET 0FSAID LOT 30 GENERAL NOTES 1) P.O,C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNIN(3 3) SEC. = SECTION 4) TWP, = TOWNSHIP 5) RGE. -- RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: ., ~_/GEORGE R, RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE MAY 5, 2000 FiLE NO. NGTCL30 SHEET 1 OF I MAY 2 3 200 p~. MAY 2 3 2000 1/ PROJECT: 31803 (Kirkwood Avenue Storm Drain) FOLIO: 61833960000 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this /~/ day of ,~ , 2000, by NICHOLSON LIMITED PARTNERSHIP n/k/a NICHOLSON FA~IMITED PARTNERSHIP, a Colorado Limited Partnership, whose mailing address is 27401 Country Club Drive, Bonita Springs, FL, 34134, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WlTNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit '%" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining underground drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantor specifically reserves the right to utilize the surface of the property subject to this Drainage Easement for any and all purposes whatsoever, including but not limited to driveways, parking, landscaping or buffer areas, provided such uses are permissible under County codes or laws.* Section 2.1.13 applies to this conveyance. To the extent permitted by law, the County agrees to indemnify, save and hold harmless Owner against all damages, claims, liabilities, costs and expenses including attorney fees which are a direct result of and arise out of County's use of said Owner's properly. The County shall not be responsible for damages, claims, liabilities, costs or expenses caused by the acts, omissions or negligence of owner or independent third parties. This provision shall survive closing. *This easement does not change the property boundaries for purposes of determining the setbacks. 'A' D. T, MAY 2 3 2001:1 ~, 7,=,'~. Page 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: /' (Signature) Kristin M Conroy (Printed Name) (Signature) Colleen P. McCnhe (Printed Name) Nicholson Limited Partnership n/k/a Nicholson Family Limited Partnership, By: ~ ~~~'~:~: Alexa nde r--W>N'ch~on,~ Its General Partner ~ . 27401 Country Club Dirve Bonita Springs, FL 34134 STATE OF COUNTY OF'/'~Z~_ ~ The foregoing Drainage Easement was acknowledged before me this /,_-_,~ ~ day of L_.irn.l~-.P' 2000, by Alexander W. Nicholson, Jr. as General Partner of Nicholson artnership n/k/a Nicholson Family Limited Partnership, a Colorado Limited Partnership, on behalf of the partnership, whorls pers~ k~..~o me or who has produced as identification. ................J (affix notarial seal) (~ig~a'~u[e'of l~otary Public) Kristin M. Conro'~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: MAY 2 3 2000 J / PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY NORTH LINE LOT 30 2/U' 270' LOT 30, NAPLES GROVE & TRUCK CO. ~ LITTLE FARMS, P.B. 1, PAGE 27A ~ -,-~ WEST LINE LOT 30 LEGAL DESCRIPTION A PORTION OF LOT 30, NAPLES GROVE & TRUCK CO.'S LITTLE FARMS AS RECORDED IN PLAT BOOK I, PAGE 27A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE NORTH 25 FEET OF THE WEST 270 FEET OFSAID LOT 30 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3} SEC. = SECTION 4} TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE [ PREPARED BY: .~x-GEORGE R. RICHMOND P.LS. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE MAY 5, 2000 FILE No. NGTCL30 SHEET 1 OF 1 MAY 2 3 2000 PROJECT: 31803 (Kirkwood Avenue Extension Storm Drain) FOLIO: 61833960000 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made and entered into this /~'/'Lday of /~¢1/,~--~4~-- , 2000, by NICHOLSON LIMITED PARTNERSHIP '~lkla NICHOLSON/~,J=AMILY LIMITED PARTNERSHIP, a Colorado Limited Partnership as whose mailing address is 27401 Country Club Drive, Bonita Springs, FL, 34134, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows (the "Easement Area"): SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. The Easement Area shall be used by Grantee for the purpose of installing a portion of the Kirkwood Avenue Extension Storm Drain. This Temporaw Construction Easement shall expire upon completion of the construction of the public facilities in the Easement Area or on 10/01/2000, whichever occurs first. Upon the completion of construction, the Grantee shall restore the surface of the Easement Area to its original condition. THIS IS NOT HOMESTEAD PROPERTY Page 2 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: -'~/ (~'~gnature) Kristin M Conroy (Pr[nted Name) (Signature) Colleen P. McCabe (Printed Name) Nicholson Limited Partnership n/k/a Nicholson Family Limited Padnership, a Colorado Limited Partne.r~ship By Alexander W._Nichol----SO"~, Its General P~'~er~ 27401 Country Club Drive Bonita Springs, FL 34134 STATE OF COUNTY OF The J'oregoing Temporaw Construction Easement was acknowledged before me this ~ day of' .~.L'., 2000, by Alexander W. Nicholson, Jr, as General Partner of Nicholson Limited P-__~dnership n/k/a Nicholson family L'~rr~tedq~.-~il;z%a Colorado Limited Partnership, on behalf of the partnership, who. s~ersonaIly know-- "h to..;me or who has produced as identification. ............. (affix notarial seal) (~"--~"-~gn'h~ture'of ~otary P~blic) ~ Kristin M- Conro'~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT. Page.. ~ of i _/ NORTH LINE LOT 30 1 ' 35' 270' _~ 10' I _~-- LOT 30, NAPLES GROVE & TRUCK C ! / LITrLE FARMS' P'B' 1 ' PAGE 27A ~J ~--- WEST LINE LOT 30 LEGAL DESCRIPTION A PORTION OF LOT 30, NAPLES GROVE & TRUCK CO.'S LITTLE FARMS AS RECORDED IN PLAT BOOK 1, PAGE 27A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE SOUTH 10 FEET OF THE NORTH 35 FEET OF THE WEST 270 FEET OFSAID LOT 30 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION PREPARED BY: 6) R/W = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE MAY 5, 2000 NGTCL30 SHEET lJ P.G .__.,.~..:____ Z EXECUTIVE SUMMARY APPROVE WORK ORDER #PW-MA-0011 WITH MCGEE AND ASSOCIATES TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES DURING CONSTRUCTION FOR U.S. 41 TAMIAMI TRAIL EAST STREETSCAPE BEAUTIFICATION PROJECT, PROJECT NO. 60013 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order No. PW-MA-0011 for landscape architectural services during construction for U.S. 41 Tamiami Trail East Streetscape Beautification Project Phases "A" and "B", from Davis Boulevard to Rattlesnake Hammock Road. CONSIDERATION: As authorized and directed by the Board on August 3, 1999 [Agenda Item 8(B)6], staff is proceeding with final design, bid stage, and construction activities for landscape improvements along East U.S. 41 between Davis Boulevard and Rattlesnake Hammock Road. Consistent with Board stipulations, this 2.9-mile highway landscape project is being implemented in two distinct construction phases: · :, Phase "A" as the first construction segment: Davis Boulevard to Airport-Pulling Road (1.2 miles) having a planned construction start date of July, 2000; and · :- Phase "B" as the second construction segment: Airport-Pulling Road to Rattlesnake Hammock Road (1.7 miles) having a planned construction start date of January 2001. The Phase "B" landscape segment was submitted to the Florida Highway Beautification Council (FHBC) for grant award considerations in the maximum amount of $200,000. Grant award decisions are scheduled for July 1, 2000. This Work Order will provide landscape architectural services necessary during construction phase activities for both phases of this project. ~z~FIS____CA___L_L IMPAC~T: Funds in the amount of $46,040 are available in the Road & Bridge Road Construction District 3 Fund. Source of funds is Ad Valorem Tax. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorizes the Public Works Engineering Department Director to approve Work Order No. PW-MA-0011 on behalf of the Board. NAY 2 3 2000 i PG. I Executive Summary U.S. 41 Tamiami Trail East Streetscape Beautification Project Phases "A" and "B" Project No. 60013 Page No. 2 ~ Gerald N. Kurtz, E.I., Engineer II, '" rP-4~blic Works Engineering Department ~/JeffBib~by, P.E., c// /' Public'W/o]rks Enm edrimfDirector Edward ~ Kant,'~ .,~ Transportation ~z j~es Director Interim Public Works Administrator Date: Date: Date: Date. (~f//~~ Attachment: Work Order No. PW-MA-0011 MAY 2 3 2OOO WORK ORDER # PW-MA-0011 Agreement for Fixed Term Professional Landscape Architectural Services Dated July 28, 1998 (Contract #98-2777) This Work Order is for professional landscape architectural services for work known as: U.S. 41 East Phase A and B Streetscape Beautification - Davis Boulevard to Rattlesnake Hammock Road, Collier County Project No. 60013. Reason: To provide professional landscape architectural services during construction for U.S. 41 East Phase A and B Slxeetscape Beautification from Davis Boulevard to Rattlesnake Hammock Road. The work is specified in the proposal dated March 27, 2000, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PW-MA-0011 is assigned to McGee and Associates Landscape Architecture. ~cope of Work: Contract Administration, Construction Observations, Plant Material Review, Communication and Information Request, and Project Closeout Observations. Project Schedule of Work: Complete work within 120 days for each phase from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Service Item Phase A Phase B Totals Contract Administration Construction Observations Plant Material Review Project Communication Project Close-Out $1,800.00 $2,800.00 $4,600.00 $12,080.00 $15,440.00 $27,520.00 $1,800.00 $1,800.00 $3,600.00 $3,020.00 $3,860.00 $6,880.00 $1,510.00 $1,930.00 $3,440.00 Total Fee $20,210.00 $25,830.00 $46,040.00 Any change within monetary authority of department approval will be considered an Schedule "A" of the Agreement. AUTHORIZED BY: ' ,~....~ 'f~'l~ APPROVED BY: Edwa~rd J' Kant~7~ransportation Director Jeff Bibby, P.E., PWED Director this Work Order made subsequent to final additional service and charged according to Date Date Date Approved as to Form and Legal Suffici~ Assistant Coun~rney ATTEST: (Corporate Secretary) ~/t Signature McGee & Associates Name of Firm Type Name and Title Templa,e/SN/WO Fixed Term Pro Eng Serv2 Note: BCC needs to authorize the dollar amount and request that BfC to authorize the,~_ _. [~G, art Director to execute the Work Order as part of your Executive Summary. Landscape Architecture March 27th, 2000 Mr. Jerry Kurtz, P.E., PMP Project Manager, CCPWED 3301 Tamiami Trail East Naples, Florida 33112 Subject: Fixed Term Professional Landscape Architectural Services Contract ~98-2777, Work Order Request for Services During Construction of the US 41 Landscape Projects Phase A & B, Collier County Project No. 60013 Dear Mr. Kurtz: As request we are submitting this proposal for providing services dudng construction in order to have a work order issued. McGee & Associates agrees to provide the selected services as listed in the "Scope of Services" as follows: SCOPE OF SERVICES Contract Administration Provide administration for all normal and necessary contract requirements. Attend pre- bid meetings and provide recommendation for award of the contract. As requested assist the County in review and processing of F.D.O.T. grant agreement and funding related issues. Construction Observations Provide on-site observation to determine general compliance to the contract, plans and specifications. This service shall include on-site assistance in the location and layout of plant beds and/or materials. Site observation will occur minimally two times per week. Plant Material Selection and Review Review and/or tag plant materials at on or off site locations for approval prior to delivery to the project site within the State of Florida. Project Communication and Information Request Provide on-call project oriented communication and information request services for the duration of the project and warranty period. This service shall include coordinating information request through the Contractor and County, preparing recommendations, providing interpretations of the plans and specifications, as well as addressing Contractor or County questions or information request-related to the contract documents and construction activities. Review and approve Contractor pay request. Desitin * Environmental Management * P!ann!n~ 5079 Tamiami Trail East / P.O. Box 8052 Naples, Florida 34101 Phone (941) 417-0707 * LC 098 * Fax (941) 417-0708 MAY 2 3 2000 Page two, 03/27/00 US 41 A & B Proposal Mr. Kurtz Project Close Out Observations 1. Initial and punch list observations with written summary as needed for substantial Completion approval. 2. Final and punch list observations with written summary as needed for final acceptance. 3. Provide 90 day warranty observation and wdtten summary as needed. 4. Provide one year warranty observation with wdtten summary as needed for project close out. COMPENSATION McGee & Associates agrees to perform the above "Scope of Services" per Article Five "Compensation" of the fixed term Agreement for the lump sum fee as follows: SCOPE OF SERVICES ITEMS FEES Phase A Phase B Totals A. Contract Administration $ 1,800.00$ 2,800.00 $ 4,600.00 B. Construction Observations$12,080.00 $15,440.00 $27,520.00 Based upon 4 months(120 Days) C. Plant Material Review $ 1,800.00$ 1,800.00 $ 3,600.00 D Project Communication and Information Request $ 3,020.00$ 3,860.00 $ 6,880.00 E.. Project Close-out Observations $1,510.00 $1,930.00 $ 3,440.00 Totals: $20,210.00 $25,830.00 $46,040.00 based and billed upon Schedule A, "Consultant's Houdy Rate Schedule" of the Contract. If you have any questions or need more information please feel free to contact this office anytime. ,,,,,Michael A. McGee, ?:l.a. President, McGee & Associates, Lc 098 PlAY 2 3 2000 EXECUTIVE SUMMARY REQUEST TO AMEND ORDINANCE NO. 91-107 TO ALLOW FOR ROADWAY LIGHTING IMPROVEMENTS WITHIN THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT (M.S.T.U.), PROJECT NO. 68062 OBJECTIVE: To provide and maintain improved roadway-related drainage, roadway restoration, and roadway lighting improvements within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (M.S.T.U.). CONSIDERATION: Ordinance No. 91-107 created the M.S.T.U., established its boundaries, purpose, and taxing authority, etc. This Ordinance describes the roadway and roadway-related drainage improvements that can be made within the Forest Lakes Development. The Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee has recently recommended several roadway and roadway related drainage maintenance improvements be completed. The Advisory Committee also has recommended that street lighting be installed at the main entrance to Forest Lakes at the intersection of Forest Lakes Boulevard and Pine Ridge Road. However, Ordinance No. 91-107 does not authorize roadway lighting improvements. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners direct Staff to prepare an amendment to Ordinance No. 91-107 that provides for roadway lighting improvements within the Forest Lakes Roadway and Drainage M.S.T.U. SUBMITTED BY: ~//~' ~ Date: Gerald N. Kurtz, E.I. ~l~ngineer II, Public W~ orks Engineering Department REVIEWED BY: (x'~_~/~/~,~ ff~ Date: /Jeff Bibby, P.E. P~~irector APPROVED BY~/xf~d .~F .j~ J L,/Interim Public Works Administrator Attachment: Ordinance No. 91-107 I¢0.~ 2 3 20OO PG- I ORDINANCE NO. 91- ]~7 A/~ ORDINANCE CREATING THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR ITS BOUND~RIES, PURPOSE AND TAXING AUTHORITY; PROVIDING FOR ITS GOVERNING BOARD AND DEFINING ITS POWERS AND DUTIES; PROVIDING FORAN ADVISORY COMMITTEE AND DEFINING ITS DUTIES AND RESPONSIBILITIES; PROVIDING FOR AN ITEMIZED BUDGET; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 1991, the Board of County Commissioners accepted petitions from property owners associations within the Forest Lakes Subdivision to create a municipal service taxing unit for the purpose of providing certain roadway and drainage improvements; and WHEREAS, because of poor drainage characteristics within this area, certain portions of the roadway system have experienced substantial deterioration; and WHEREAS, a need exists for providing improved drainage and correcting road deterioration to provide safe passage. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Forest Lakes Roadway and DrainaGe Municipal Service Taxing Unit Created; Boundaries. PurDose. Taxing Authority. 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows, to wit: A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida, described as follows: Commencing at the Northwest corner of said Section 14, run S 00' 19' 00" W along the West line of said Section 14 for 50.00 feet to the POINT OF BEGINNING,. said point being on the Southerly Right-of-way line of State Road S-896 (Pine Ridge Road) and being the Northwestern most corner of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier county, Florida; thence run East, along said Right-of-way line for 1275.27 feet to a point on the Western Right-of-way of Forest Lakes Boulevard; thence continuing along said Right-of-way of SR S-896, East for 1,372.88 feet to the North 1/4 corner of Section 14; thence continuing along said Right-of-way N 89' 59' 40" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 and being the MAY 2 3 2000 PGo ,,, ~, ._. eastern Right-of-way of Woodshire Lane; thence leaving SR S-896 and run along the Eastern Right-of-way of-Woodshire Lane and the East line of the Ndrthwest '1/4 .of the Northeast 1/4 of said Section 14, S 00' 04' 18" E for'749.54 feet to a point~-'~'o'~curvature of said road; thence leaving ~said~.~o~Ta.nd ~ontinUtng! along said' line, s 00' 04' 18P7-1E~ fo~512~$OP~ee~ - t~" the Southeast corner of 13£!.1~ ~6i~ah~esti'~.l~4. iof the Northeast 1/4 of said ;¥'.'"'i B~=tioh2' l~'~'~"~e~e-' along the -South line of the r~N~th~s%-. '1/4 of the Northeast 1/4 S 89' 48' 47" W for 512.50 feet to a point on the Southern ,-~,lilRight-of-way;-of~Woodshire Lane; thence continuing along said line S 89' 48' 47"W for 811.38 feet to .;~r.? i~ 3'.the NorthsSouth l/2_lin9 of said Section 14; thence along the Eastern Right-of-way of Woodshire Lane '- ~and~ *the North-South 1/2 line S 00' 01' 23" E* for 2,508.87 feet to a point; thence leaving said line .~.S 89~ 39~24".~W for 21.59 feet to a point, said point being the Southeasterly most corner of Forest .LakeB-~Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, .'~!%.SFlor~da~; thence S 89' 39' 24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the -arc of.a'.curve,-concave to the Southeast, having a radius of 667.29 feet and subtended by a chord havinga length of 220.51 feet and bearing S 80' 08' 46.5" W to a point of tangency; thence S 70' -!!-i~.~_38' 09"~ W. for78.45 feet to a point-of curvature; thence 990.66 feet along the arc of a curve, ~?ur~--~"concav~' ~o ~the-rNortheast, having a radius of 1,250.00 feet and subtended by a chord having a l&ngth.-of 964,94 feet.and bearing N 86' 39~ 35~5" W to a point of reverse curvature; thence 829.00 feet .... along the' arc of a curve, concave to the South, having a radius of 900.00 feet and subtended by a ......... chord_=ha~ing.& l~n~tkof._80~..0~ feet_and ~earing S 89' 39~ 24" w; thence S 89' 38' 30" W for 64.95 feet ._~o a pmint .on_the West line of Section. 14, said point being the Southwestern most corner of Forest _Lakes Homes subdivision; thence N 02' 15' 35" W along said West line for 1,195.80 feet to the West 1/4 corner of Section 14; thence continuing along said West line N 00' 19' 00" E for 2,595.97 feet to the POINT OF BEGINNING. 2. The'Unit hereby created and established is for the purpose of providing and maintaining improved roadway-related drainage and roadway restoration within the area of the Unit and to that end shall possess all the powers to do all things reasonably necessary in connection therewith. The initial improvements hereunder shall be within that area depicted on Exhibit "A# attached hereto and shall include: A. Complete restoration of roadway, including: 1. existing road bed mixed in place. 2. Prime and cover. 3. 2" of asphalt pavement surface course. Installation of necessary drainage pipe~ B. Providing pump and force main for drawdown of lake surface and off-site discharge to enable improved roadway drainage. C. Maintenance of such improvements, as required. Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed one (1) mill in any one fiscal year. ~= Governino Board. Powers and Duties. The governing board of the Unit shall be the Board of County Commissioners of Collier County, Florida with the power and duty to conduct the affairs of the Unit as prescribed by Florida Statutes. ~LT~: Advisory_ Committee. Duties. Resnonsibilities. The Board of COunty Commissioners shall, by Ordinance, designate an Advisory Committee composed of residents who are taxpayers and electors from within the Unit, with advisory authority to assist in conducting the business affairs of the Unit and such other duties of the Unit as may be assigned from time to time by the Board of County commissioners. ~: Itemized Budget. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general law, make an itemized estimate of the amount of money required to perform the business of the Unit for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall detail the purposes for which the monies are required and the amount necessary to be raised by taxation within the Unit. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit ~ubJect to taxation a millage sufficient to meet the purposes and obligations of the Unit; provided, however, the total millage shall not exceed one (1) mill. MAY 2 3 2000 SECTION FIVE: Collection of Taxes. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX: Construction and Severability. 1. This Ordinance shall be liberally construed to effectuate its public purpose. 2. It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held invalid or unconstitutional, such invalidation or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. SECTION SEVEN: Effective Date. This Ordinance shall become effective upon receipt of no~ of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of Decorher , 1991. ATTEST: J ;, s, L) ~? App~ove~ am to form and legal sufficiency: Assistant County /6479 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA P;~TRICIA ANNE GOdDNI~HT CHAIRMAN 't EXHtBIT "A" GO FA [ RW,~'¥ FORES. GARDEN VtLL& cONDO o I I. EXECUTIVE SUMMARY AWARD' A CONTRACT TO CONSTRUCT MANATEE PUMP PROJECT 70052. AKERBLOM CONTRACTING INC. TO STATION IMPROVEMENTS, BID 99-3028, OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water Sewer District, award a contract for the services of a General Contractor to upgrade the potable water pumping station located at Manatee Road. CONSIDERATIONS: On February 17, 2000, sealed bids were opened for this project. Seven bid packages were received and are tabled below: Bidder Acutec, Inc. Akerblom Contracting, Inc. TLC Diversified Widell, Inc Mitchell & Stark Construction Company, Inc. Project Integration, Inc. D.N. Higgings, Inc. Amount $876,450.00 $914,390.01 $928,000.00 $979,000.00 $1,047,750.00 $1,069,000.00 $1,164,795.00 The bid tabulations are attached. The lowest bid was received from Acutec, Inc., in the amount of $876,450.00. Our design professional was unable to recommend the apparent low bidder due to the responses received from the references contacted. The design professional's concerns included the contractor's lack of experience as a prime contractor, timeliness in completing projects and lack of experience working on potable water systems. Based on the review and evaluation of the second lowest bidder, Akerblom Contracting, Inc, the design professional has determined that they are qualified to perform the work under this contract. Funds in the amount of $914,390.01 are currently budgeted. Additional funds in the amount of $9,700 are needed for telemetry-related design and additional consulting services during bidding. Also, an additional $44,000 is needed to provide construction contingency funds. ~xFISCAL IMPACT: A budget amendment in the amount of $53,700 will be required to transfer funds from Water Capital Reserves to project 70052 to fund this work. 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'.'.'.~-~-' '-'..:~..;.:.:. ~"~.- :.:.:..:.:-:..:.¢,,d. ;.~..:7.,~. ;-~.: :.~,'~. : :.:. :.:.:. -:.:.;. C':':, :-:-:-: ::::::~::.::. :.:~:: :.:.: .:.:. :.:.:.: :.:.:.: :.:~: :.:~:. ~::~: :.:~-....-.............................. !:i:!::-:.::f:f:i: :~: :i:i:!: :i:i:!: :::::i:i:i:i:f: :~: ::'~:.~: :~:i:~! iiiiii :i!iii! :iiiiii fi!i:ii i!ii!ii '"' HAY 2 3 200O o. Executive Summary Award Bid 99-3028 Page 2 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissions, as ex-officio the Governing Board of the Collier County Water Sewer District award a contract to Akerblom Contracting, Inc., per Bid 99-3028, authorize the chairman to sign the construction contract after review by the County Attorney's office, and approve the necessary budget amendment. PREPARED BY: Alicia Abbott, PWED Project Manager II DATE: ~,~ff I~ibb;, P.E., P~D l~irector REVIEWED BY: ' Stephen Y. Carnal, Purchasing Director REVIEWED BY: REVIEWED BY: DATE: Paul Mattausch, Water Director '~ff~~7 DATE' ~~ ~dffF~te~ Public Works Administrator m~aa EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AND ACCEPT A SPECIAL WARRANTY DEED FROM HARVEST FOR HUMANITY, INC. OBJECTIVE: Approve a Donation Agreement and accept a Special Warranty Deed from Harvest for Humanity, Inc., establishing clear title for the Carson Road Right-of-Way and Harvest for Humanity PUD. CONSIDERATION: Harvest for Humanity, Inc., (hereinafter referred to as "Developer"), is in the process of developing a parcel of land along the eastern boundary of Carson Road, located in the Immokalee Postal District. In the process of preparing a Site Development Plan (SDP), AIM Engineering, Inc. completed a boundary survey, which identified that the western 30 feet of the Developer's parcel encroaches upon the existing 60' of Carson Road utilized by the public (a legal description and sketch is attached to the Donation Agreement and the Special Warrant Deed). A search of the Public Records provides no evidence of an official conveyance of any right-of-way for this segment of the existing Carson Road. In an effort to establish a clear chain of title, the Developer has offered to convey fee-simple ownership of the xvestern 30 feet of this parcel, to Collier County, in the form of a donation. FISCAL IMPACT: The cost of the title search, title policy and recording fees will be incurred by the Real Property Management Department and shall not exceed $249.50. GROWTH MANAGEMENT: The Collier County Growth Management Plan xvill not be impacted as a result of the requested actions. RECOMMENDATION: That the Board of County Commissioners, contingent upon the satisfactory evidence (to be deternfined by County staff) that no environmental concerns exist on the property to be conveyed to Collier County: 1. Approve the attached Donation Agreement; and 2. Authorize the Chairman to execute the attached Donation Agreement; and 3. Accept the Special Warranty Deed (a copy is attached for reference); and 4. Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY: 4/Keith C~me~,/Sl~e_c~hlig/t II,/l~l Pr9oper~'Management Department REVIEWED BY://f/~lz~ Edwar . am~/~~ation Se~ices Depamnent . Finn, ~terim Administrator, Public Works Division DATE: DATE:54-- DATE: ! 23 zooo / PROJECT: CARSON ROAD PARCEL: HARVEST FOR 1IIJMANITY FOLIO: 00073600000 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED executed this ~q.F/~ day of /F4/'~ , 2000, by IlARVEST FOR ttUMANITY, INC., an Illinois corporation, whose post off'~e address is 213 S. Wheaton Avenue, Wheaton, Illinois 60187, by its undersigned officer(s) whd has/have been duly authorized by the Corporation to execute this Special Warranty Deed, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a Political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantee"): (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto tbe Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TItIS IS NOT IIOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 'l TO tlAVE AND TO 1tOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by through or under the said Grantor. IN WITNESS WItEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: - .~;7~.~.~g_~t.y~ , IlARVEST FOR HUMANITY, INC., (Signature~ \ ' an Ill~j.~rporation /4/ ~~~ RichaT ~ rd J. Nogaj~y7 '~~ ~t¢ 213 S. WheatonAvenW (Print Name) Wheaton, IL 60187 · STATE OF ~~ COUNTY OF ~ ~e foregoing Special Wa~anty Deed was ac~owledged before me thi~ay of ~ ,2000 by Richard J. Nogaj, as President of HARVEST FOR HUMANI~, ~C., an Illinoi~co~oration, .who is personally ~o~ to me or has produced as ( ~'~ u~a~? ~:ll (Signature of~ota~ Public) i~ -<~~ .~.N~~, (Phnt Name of Nota~ Public) NOTARY P~LIC Prepared by: Seria~Commissio~ ;. ¢%'4>~XTr... "x~ RObOt N.. Zachsry, ~sq~lr. My Commission ~pi~ :~~~) I Office of the County Attorne~ 3301 East lamlaml Trail / MAY 23200 f] {~1) 774-g~ BOUNDARY SURVEY LYING IN SECTION 52, TOWNSHIP 46 SOUTH, RANGE 29 EAST. LEGEND: ORB = OFFICIAL RECORD BOOK PG =PAGE DESCRIPTION: COLLIER cOuNTY, FLORIDA 200 0 100 200 SCALE IN FEET 400 Tile WEST 30.00 FEET OF TIIOSE LANDS DESCRIBED JN OFFICIAL RECORD BOOK I071. PAGE 16. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA DESCRIBED AS FOLLOWS: Tile WEST 3000 FEET OF TttE SOUTHWEST QUARTER (Sw I/4) OF Tile NORTtlWEST QUARTER (NW I/4) OF SECTION 32. TOWNSHIP 46 SOUTH. RANGE 29 EAST. IN COLLIER COUNTY. FLORIDA. LESS APPROXlMATEL'Y 40 FEET OVER THE SOUTH PART OF SAID PREMISES CONVEYED TO Tile STATE OF FLORIDA FOR ROAD PURPOSES AND DESCRIBED IN DEED BOOK 21. PAGE 541. COLLIER COUNTY REUORDS N / '" "---ORB IO71PG ANDS DESCRIBED IN DEED BOOK 21 PAGE 541 LAKE TRAFFORD ROAD ,~ ENO .NE[6~I~'~$URVEYING INC - PROF ES~Ol~CYOR ANO ' FLORIDA CERT[FIC~ ~e. offiCIAL R[CO.D BO0~ PROJECT: CARSON ROAD PARCEL: lIARVEST FOR HUMANITY FOLIO: 00073600000 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HARVEST FOR 1tUMANITY, INC., an Illinois corporation, (hereinafter referred to as "Owner"), whose mailing address is 213 S. Wheaton Avenue, Wheaton, Illinois 60187, and COLI,IER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. WITNESSETII: WHEREAS, the Owner desires to convey a fee simple interest in the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement, to the County for the purpose of the Carson Road right-of-way; and WItEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, TtlEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Special Warranty Deed to County at no cost to the County, unless otherwise stated herein. -i2. Prior to Closing, Owner shall obtain l¥om the holders of any liens, exceptions and/or qualifications encumbering the Property, except as disclosed on Exhibit "B", the execution of such instruments which will remove, release or subordinate such encumbrances froln the Property upon their recording in tbe public records of Collicr County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affectxng County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Elorida. 5. Owner, to the best of its knowledge, represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). A~i with this transaction including but not limited to transfer, documentary and intangible {axe~t03,all b.e. bofn_e_}n~ paid by Owner. The ccst of a title commitment shall be paid by County. ! MAY 2 3 ZOO0 8. 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 thei- respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenev the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WIIEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: A~ITE~T: DWIGltT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTIIY J. CONSTANTINE, Chairman AS TO OWNER: WITNESSES: (Witness Signature) (Print NfimF) (Print Name) Approved as to form and legal~ /<. '--v/v' Robert Zac~ar, y/ Assistant County Attorney IlARVEST FOR ttUMANITY, INC., an 111ino.~oration * Richard J. Nogaj, Presid~_j/J/ 213 S. Wheaton Avenue Wheaton, I1 60187 2 A . OT, .o. MAY 2 3 20OO PG. BOUNDARY SURVEY LYING IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA LEGEND: ORB : OFFICIAL RECORD BOOK PG = PAGE 200 0 ]00 200 400 SCALE IN FEET DESCRIPTION: N THE WEST 30.00 FEET OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK ~071, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLOWS: THE WEST 3000 FEET OF THE SOUTHWEST QUARTER (SW I/4)OF THE NORTHWEST QUARTER (NW I/4)OF SECTION 32. TOWNSHIP 46 SOUTH. RANGE 29 EAST, IN COLLIER COUNTY, FLORIDA, LESS APPROXIMATELY 40 FEET OVER THE SOUTH PART OF SAID PREMISES CONVEYED TO THE STATE OF FLORIDA FOR ROAD PURPOSES AND DESCRIBED IN DEED BOOK 21, PAGE 541, COLLtER COUNTY RECORDS WEST 3000' SW I/4 OF THE NW / ./~SECTION 32-46S-29E LANDS DESCRIBED IN ORB 1071 P  PREPARED AIM Engineering & Surveying, Inc. 5300 LEE BLVD. eD. Box ~2~5 LEHIGH ACRES FLORIDA 35970 .941/552-4569 FX.941/332-~734 FLORIDA ~ERTI; '"'" ;'-- ;'vAj~i'DA [TEN THIS IS NOT A SURV ~Y NO. SHEET 1 OF 1 99-7625 OFFICIAL RECORD BOOIf 071 ~ DRAWN BY: CLIENT: I'IHI ~ g LUUU LWC RICHARD · FLORENC ? NOGAJ 3/24/00 32-465-29E , TY EXtlIBIT "B' Grant of Conservation Easement by and between Joseph S. Wcinfeld Family Trust, Lester Persky and Mary E. Persky, husband and wife, and the Florida Game and Freshwater Fish Commission recorded in Official Records Book 1683, Page 1084 and assigned to the Board of County Commissioners, Collier County, Florida, in Official Records Book 1758, Page 1261, Public Records of Collier County, Florida. Subject property lies within the boundaries of the lmmokalee District Water and Sewer Assessment Areas and is subject to the levying of special assessments thereof. Resolution establishing the lmmokalee Area Planning District and declaring the intent of the Board of County Commissioners to enact a comprehensive zoning ordinance of the Coastal Area Planning District of Collier County, recorded in Official Records Book 649, Page 1239 and as amended in Official Records Book 664, Page 920, all of the Public Records of Collier County, Florida. Ordinances 75-20 (water), 75-21 (trees) and 75-24 (zoning) as recorded in Official Records Book 619, Pages 1177 through 1381, Collier County, Florida. Lien, if any, in favor of Collier County for the installation of sewer and/or water lines serving the subject property pursuant to County Resolution Number 90-87. MAY 2 3 7_000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #00-3069 FOR CLAM BAY INTERIOR CHANNEL CONSTRUCTION PHASE II TO D. N. HIGGINS, INC. AND APPROVE THE NECESSARY BUDGET AMENDMENT. OBJECTIVE: To award Bid #00-3069 for Calm Bay Interior Channel Construction Phase II to D N. Higgins, Inc. and approve the necessary budget amendment. CONSIDEI;~TIONS: 1. On April 10, 2000, invitations to bid were sent to eighty-two (82) vendors with eleven (11) vendors requesting bid packages. The Bid opening was held on May 3, 2000, three (3) proposals were received. 2. Staff has reviewed the bids and found D. N. Higgins, Inc. to be the lowest qualified bidder, therefore, it is recommended that Bid #00-3069 be awarded to D. N. Higgins, InC. 3. Staff requests the Board to approve the necessary Budget Amendment in the amount of $86,723 transferring funds from Clam Bay Reserves to Clam Bay Interior Tidal Creeks Phase I, II and III. FISCAL IMPACT: The fiscal impact for Bid #00-3069 is $86,723 with funds available in the Clam Bay Capital Budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #00-3069 for Clam Bay Interior Channel Construction Phase II to D. N. Higgins, Inc. and approve the necessary B~J~Amendment'· /~ (/ ~, ~ // Jmes P. Ward ~/?( /~Z~epartment Director ~ DATE: ~9 "d' Steve CarrYell u Purchasing Director APPROVED B : fnn, In~ Public Works Division DATE: DATE: HAY 2 3 2OOO EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #00-3073 FOR PELICAN BAY STREET SIGNS TO LYKINS SIGNTEK, INC. OBJECTIVE: To award Bid #00-3073 for Pelican Bay Street Signs to Lykins Signtek, Inc. CONSIDERATIONS: 1. On April 18, 2000 invitations to bid were sent to fifty-five (55) vendors with twenty- two (22) vendors requesting bid packages. The Bid opening was held on May 2, 2000, two (2) bids were received. 2. Staff has reviewed the bids and found Lykins Signtek, Inc. to be the lowest qualified bidder, therefore, it is recommended that Bid 00-3073 be awarded to Lykins Signtek, Inc. FISCAL IMPACT: The fiscal impact for Bid #00-3073 is $221,821.00. These funds are available in the Pelican Bay Capital Projects Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #00-3073 for the Pelican Bay Street Signs to Lykins Signtek, Inc. PREPARED BY J~es P. W~d Dep~ment Director Steve Cmell Purchasing Director ( Ed Fi~Nte~m Administrator Public Works Division .o. It'. s){I MAY 2 3 2000 MAY 2 3 20( gO." ~AY 2 ~ EXECUTIVE SUMMARY APPROVAL oF A LEASE AGREEMENT WITH HORSESHOE SQUARE DEVELOPMENT, L.C. IN ORDER TO RELOCATE THE STORMWATER MANAGEMENT DEPARTMENT. ~IZ~,,_C,~,I_X~: Approval of a Lease Agreement with Horseshoe Square Development, L.C. in order to relocate the Stormwater Management Department. CONSIDERATION: On May 2, 2000, the Board of County Commissioners approved the County Manager's Plan of Organization, Item 8 (E) 1, which included the recommendation for the Stormwater Management Department ("Stormwater") to be relocated within close proximity to the Transportation Services Department whose office is on Horseshoe Drive South. Office space has been located at the newly constructed Horseshoe Square located on South Horseshoe Drive. The Department of Revenue will also be moving to this location by the end of May. The Transportation Services Department will be relocated to in August. The negotiated square foot price for the 4,175 square foot office space is Twelve Dollars and Ninety Cents ~'t$12.90). The Common Area Maintenance costs for the first year shall be One Dollar and Ninety-five .Jents ($1.95) with annual adjustments. The County will be responsible for janitorial services within the office space, light bulb replacement, air-conditioning filter replacement, electricity, telephone and communications costs. The landlord shall make all improvements to the space according to the County's specifications. The landlord has agreed to a five (5) year lease term with annual renewals. The annual rent shall be adjusted by four (4) percent per year. This amount was negotiated from the landlord's standard five (5) percent annual increase. The Lease also contains a termination clause for the County to terminate at any time by providing the landlord with sixty (60) day written notice. FISCAL IMPACT: The annual rental amount shall be Fifty-three Thousand Eight Hundred Fifty- seven Dollars and Fifty Cents ($53,857.50) and shall be paid in equal monthly installments of Four Thousand Four Hundred Eighty-eight Dollars and Thirteen Cents ($4,488.13) each. The annual Common Area Maintenance ("CAM") charges of F~ight Thousand One Hundred Forty-one Dollars and Twenty-eight Cents (8,141.28) shall be paid monthly in the amount of Six Hundred Seventy- eight Dollars and Forty-four Cents:($678.44). The rent and CAM charges and all associated operating costs for electricity and communications shall be withdrawn from account 001-172910-644100 (General Fund, Stormwater Management, Rent/Buildings). GRQWTH MANAGEMENT: None MAY 2 3 2000 ~_.RECOMMENDATION:. That the Board of County Commissioners approve the Lease Agreement with torseshoe Development, L.C. and authorize its Chairman to execute same and approve any and all budget amendments concerning same. Submitted By: Michael H. Dowling, Senior Spec(iali~t, Re~.~roperty Management Department Reviewed By:~ Department Jo~oldt, Director, Stormwater Management Approved B '-Edward Finn, Interim Administrator, Public Works Division Date: I~AY 2 3 2OOO LEASE AGREEMENT Lease THIS LEASE AGREEMENT entered into this ~ day of ,2000, between Horseshoe Development, L.C., c/o Pelconcepts, Inc., whose mailing address is 685 17'h Avenue South, Naples, Florida 34102, 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: ., i ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2685 Horseshoe Square, Unit 212 and 213, Naples Florida, totaling 4,175 square feet, 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 a term of five (5) years, commencing on July 15, 2000 and ending July 14, 2005, hereinafter referred to as the "Initial Term". If the Demised Premises is not ready for occupancy by July 15, 2000, the commencement date of the Lease shall be ten (10) days from the date of issuance of the Certificate of Occupancy for the Demised Premises. The rent shall then be paid based on the actual occupancy date if the Demised Premises is not received by July 15, 2000. If the Demised Premises is not complete and ready for occupancy by LESSEE within ten (10) weeks after the issuance of the building permit, LESSEE has the right to terminate this l_~ase by providing the LESSOR with written notice at the address set forth in Article 14 of this Lease. Sai~l notice shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same annually following the Initial Term, for a total of five (5) additional years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice 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. L~E-~EE, however, reserves the right to terminate this Lease, with or without cause, upon sixty (60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 of this Lease. Said notice period shall be effective upon placement of the written-Izo. tice in an official depository of the United States Post OtT~ce, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Fifty- three Thousand Eight Hundred Fifty-seven Dollars and Fifty Cents ($53,857.50) per annum in equal monthly installments of Four Thousand Four Hundred Eighty-eight Dollars and Thirteen Cents ($4,488.13) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance on the first day of every calendar month during the term hererf. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. 2 3 2000 ARTICLE 4. ~at~d~ET,,~11.,]~ Following 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. TICLE 5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of Six Hundred Seventy-eight Dollars and Forty-four Cents ($678.4a). This amount shall include, but is not limited to, real estate taxes, insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. 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 new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide -LESSEE with detaile0~ accounting of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. LESSEE shall be responsible for the payment of all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air condition, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system and air conditioning filters at the Demised Premises. TICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised P~emises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, chahges 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 sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If 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, erection, constructirh'7'-, improverfient, 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, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. --' All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so 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 which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any .olic authority. ARTICLE 7. Access to l)emised Premises LESSOR, its duly authorized agents, representatives and employees, shall have ihe 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 examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assign/nent and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, 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. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. ARTICLE 9. 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 insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold L~SSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from 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 against LESSOR by reason of such claim, LESSEE, upon notice 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 Premises. LE. S.~¢D~ R shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from 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 LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims ari~n~g from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 11. Maintenance 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 the receipt of such notice, LESSOR will cause 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. 3 I HAY 2 3 2OOO ARTICLE 12. ~ Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice ~-, LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably tuired to correct such default). Subject to LESSEE'S good faith effort to correct such default. ARTICLE 13. ~ 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 ninety (90) 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. ARTICLE 14. Notices ., i 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. 3301 Tamiami Trail East Administration Building Naples, Florida 34t 12 LESSOR: Horseshoe Square Development, L.C. c/o Pelconcepts, Inc. 685 17' Avenue South Naples, Florida 34102 CC: Office of the County Attorney Stormwater Management Department ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised raises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease~or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and t~ar and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County., and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LE'~"EE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation. or maintenance of LESSOR'S standard operations where other operations share common facilities. _. ARTICLE 17. 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 your County Public Health Department. 'FICLE 18. ~ This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. "' MAY 200O ARTICLE 19. ~ 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 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TIMOHTY J. CONSTANTINE, Chairman AS TO THE LESSOR: / ATTEST: Secretary HORSESHOE SQUARE DEVELOPMENT, L.C. By: Pelconcepts,)~ its managing member W.VINCE PELC, President HAY 2 3 2000 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE PERPETUAL UTILITY AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE THIRTY (30") INCH PARALLEL SEWER FORCE MAIN ALONG IMMOKALEE ROAD AND WITHIN CREEKSIDE COMMERCE CENTER, PROJECT 73943. OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board") to acquire by gift or purchase all rights and interests in real property required for the construction and maintenance of utility improvements and facilities for the Thirty (30") Inch Parallel Sexver Force Main along Immokalee Road and within Creekside Commerce Center, (hereinafter referred to as "the Project"). CONSIDERATION: On July 22, 1997, the Board of County Commissioners adopted the 1997 Wastexvater Master Plan Update for the North County Service area. One of the recommendations in the Master Plan Update xvas to install a nexv 30-inch parallel server force main along the Immokalee Road segment located between U.S. 41 and Goodlette-Frank Road and finally connecting to the North Water Reclamation Facility. On July 28, 1998, Agenda Item 16(b)(4), the Board approved the final ranking of consultants and entered into Contract 98-2790 ~vith Greeley & Hansen for design and construction services for the proposed ne~v 30-inch Parallel Sewer Force Main. Various design options were presented and discussed with the property owners. Staff has reviewed alternative locations, environmental factors, cost variables, safety and xvelfare considerations as they relate to the construction of the Project and staff has determined that the most feasible location for the utility improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution. The Board will also be authorizing condemnation of the parcels within the Project. However, this Resolution is to approve settlement with owners without having to present each parcel to the Board on a case by case basis. This procedure shall expedite the Project. FISCAL IMPACT: Total acquisition costs are estimated at $121,819.00, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to the Thirty (30") Inch Parallel Sewer Force Main along Immokalee Road and within Creekside Commerce Center. Funds in the amount of $121,819.00 are available in Fund 413, Sewer hnpact Fee Fund. GROWTH MANAGEMENT IMPACT: The project is needed to meet future sewer flo;vs in the North service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Waste;vater Master Plan Update adopted by the Board of County Commissioners on July 22, 1997, Items 12(c)(4) and 12(c )(5). RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project, find that the most feasible location for the utility improvements for the construction of the Project is more particularly described in Exhibit "A" of the attached Resolution; (2) Adopt the attached Resolution authorizing the acquisition by condemnation of non- exclusive, perpetual utility and temporary construction interests by easement required to complete the Thirty (30") Inch Parallel Se;ver Force Main along Immokalee Road and within Creekside Commerce Center; (3) Authorize the Chairman to execute the attached Resolution; SUBMITTED BY: -. Ton'i~Mott, Senior Specialist Real Property Management Department REVIEWED BY: '~: ~/~ / /~ ~::~ ~: (~ohan V. Thanpi, P.!~., Project Manager yu~blic Works Engineering Department ~/Jeff Bibby, P.E., Director Public. Work, Engineering Denartment ~ee~ow~ ~d~var/d Finff~n~m Administrator Public Works Division DATE DATE: RESOLUTION NO. 2000 - 6 7 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE 8 SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL, UTILITY AND TEMPORARY 9 CONSTRUCTION INTERESTS BY EASEMENT FOR TIIE CONSTRUCTION OF THE Tt[IRTY (30") 10 PARALLEL SEWER FORCE MAIN IMPROVEMENT PROJECT ALONG IMMOKA[.EE ROAD AND I 1 WITtHN CREEKSIDE COMMERCE CENTER. 12 13 WHEREAS, the Board of County Commissioners (Board), on July 22, 1997, adopted the 1997 Wastewater Master 14 Plan Update for the North County Service area in order to establish priorities for the design, acqoisition aud constn~ction of 15 the various wastewater capital improvement projects; and 16 WttEREAS, the Thirty (30") Inch Parallel Sewer Force Main Improvement Project aloug Inmaokalee Road and 17 within the Creekside Commerce Center is one of the wastewater capital improvement projects required under the 1997 18 Wastewater Master Plan Update for the North County Sen'ice area; aud 19 WItEREAS, alternate locations, environmental factors, long range planning, cost'variables, concurrefice, safety 20 and welfare considerations have been reviewed as they relate to the implementation of said utility improvements; and it has 21 beeu recommeodcd by Coonty Staff that it is necessary and in the best interest of Collier County, Florida, to maintaiu 22 flexibility over the acquisition of property rights required for tile construction of the Thirly (30") Inch Parallel Sewer Force 23 Main Improvement Project along lmmokalee Road and within tile Creekside Commerce Center, hereinafter referred to as 24 "Projec!" as identified on Exhibit "A" attached hereto and incorporated tierein by reference; and 25 t WIIEREAS, tile design and construction of said utility improvements and related facilities have been determined 26 by the Board to be necessary and in the best interest of Collier County; and 27 WtIEREAS, tile construction of the utility improvemerns and related facilities contemplated by the Project are 28 necessary in order to protect the health, safety and welfare of the citizeos of Collier County, and ,,','ill assist Collier County 29 iu meeting certain concurrency requirements of the Growth Management Plan for Collier County. 30 NOW, TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF CO[.I.IER 31 COUNTY, FLORIDA, that: 32 1. The Board has considered the environmental factors, safety factors aud fiscal considerations relating to the final 33 adopted location of the utility improvemeuts and related facilities. 34 2. The utility, and temporary construclion interests by easement and/or the fee simple title acquisitions ideufified on 35 Exhibit "A" are the most feasible locatious, both necessary and consistent with the project requirements, in order to permit 36 the construction and mainteuance of tile utility improvements and related facilities for the Thirty (30") lucb Parallel Sewer 37 !Force Main Improvement Project along Immokalee Road and within the Creekside Commerce Center. 38 3. The Board has determined that the construction and maintenance of the Thirty (30") Inch Parallel Sewer Force 39 Main Improvement Project along Immokalee Road and within the Creekside Commerce Center and related facilities are 40 necessary for a public purpose and is in the best interest of Collier County. 41 4. The construction and maintenance of the utility improvements and related facilities are compatible with the long 42 range planning goals and objectives of the Growth Management Plan for Collier County. 43 5. It is necessary and in the best luterest of Collier County for tile Board to acquire tile utility and temporary 44 construct/on interests by easement aud/or the fee simple title ideutified in Exhibit "A"; nd Coonl StaffS' '~! I.~'l!. · -~a~e ~- I MAY 2 3 2000 45 authorized and directed to acquire by gift or purchase the perpetnal, non-exclusive, utility and temporary construction 46 interests easement and/or fee simple title on the properties identified in Exhibit "A". 47 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) 48 selected from the list of fim~s pre-qualified by the Board of County Commissioners. The Board further directs staff to ose 49 appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in 50 a timely and cost-effective manner. 51 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the 52 requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel 53 (the compensation due to the property owner) is less than One Itundred Thousand and 00/100 Dollars {$100,000.00). Io 54 lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar 55 amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data 56 therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data 57 perti:'~ent to the subject parcels. 58 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property 59 acquisition, Real Property Nlanagemeot Department staff is hereby directed to offer immediate delivery to the respective 60 property owners of the fidl compensation (as established by the appraisal or staff compensation estimates m accordance 61 with ~he provisious of Chapter 125.355, Florida Statutes), m return for the immediate and proper execmiou of the respective 62 easements, or deeds and such other legal documents and/or affidavils as the County Attorney's Office deems appropl~atc in 63 order t~protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent 64 Clmirman, for the life of lhe Project, to execute any instruments which have been approved by the Office of the County 65 Attorney, to remove the lien of any encumbrance and for any such other pu~ose as may be required {Br lhe acquired utility 66 and temporary construction interests by easement anWor fee sin~ple title. 67 9. In those instances where negotiated settlemeuts may be obtained via the "Purchase Agreemenl" or "Easement 68 Agreement" mechanism, the Director of the Office of Capital Projects Management, or bis designee, is charged ~itb the 69 responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the 70 purchase of land interests above the staff' compensation estimate or appraised value and pay normally related costs when it 71 is in the best interest of the Project, within the pro-rolo share of the land rights acquisition budget for the parcel being 72 acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than 73 Fifteen ~mnsand and 00/100 Dollars ($15,000.00) or the cu~ent purchasing limits established by the Collier County 74 Purchasing Department; provided, Project fimding is available. 75 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict 76 with the provisions of Section 125.355, Florida Statutes. 77 I 1. The Chaim~au of the Board is hereby authorized to execute Easement Agreements and Purchase Agreemeuts 78 where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount 79 cousidered the "Administrative Settlement Amouut" as such tem~ is totemally used by the administrative agencies of 80 Collier Connty. 81 12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement 82 Agreement"), to convey a necessa~ iuterest m real property to the Connty, and upon the proper x~t~'~ I MAY 2 3 200 94 95 96 97 98 99 100 101 102 103 104 105 106 107 t08 109 10 11 12 13 14 15 16 17 18 19 120 121 122 83 owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may 84 require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of recom. 85 in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff 86 compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 87 13. All title to properties or interests in properties which have been obtained in the manner described above shall be 88 deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political 89 subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, 90 Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any 91 encumbrance from the acquired properties. 92 14. This Resolution supercedes Resolution 2000-113 approved by the Board of County Commissioners on April 11, 93 2000, Item 8(b)(5). THIS RESOLUTION ADOPTED on this __ day of____, 2000, after motion, second and majority vote. ATTEST: DWIGIIT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTIIY J. CONSTANTINE, CttA1RA, IAN Clerk Approved as to form and legal sufficiency: 1 feidi P: Xsh'ton Assistant County Attorney -Page 3- MAY 2 3 21]"3 ,J ~EF.~DE GOODLETT~- FRANK ROAD EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE WHIPPOORWILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE INTERSECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINGSTON ROAD (PHASE 1). OBJECTI .~/~E: To obtain authorization from the Board of County Commissioners (the "Board"), to acquire by gift or purchase all rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I). CONSIDERATION: On January 11,2000, Item 8(a)(3), the Board of County Commissioners (Board), approved to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities. Preliminary staff analysis indicates that an additional five hundred (500) dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future signalized intersections with Pine Ridge Road. Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit. On March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commissioners were petitioned by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construction of Whippoorwill Lane and staff was directed by the Board of County Commissioners to pursue the inclusion of the Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, initiate the acquisition of the required land interests, and to expedite the advancement of construction of Whippoorwill Lane. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Whippoorwill Lane improvements between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I), (hereinafter referred to as "Project"). MAY 2 3 2000 The Board will also be authorizing condemnation of the parcels within the Project. However, this Resolution is to approve settlement with owners without having to present each parcel to the Board on a case by case basis. This procedure shall expedite the Project. FISCAL IMPACT: Total estimated acquisition costs over the next two fiscal years are $1,277,800, and includes all land, improvements, title policies, surveys, staff time, appraisal fees, etc. for the improvements to the Whippoorwill Lane Project. Total costs in FY 00 are estimated to be $300,000 and would require budget amendments to appropriate reserves in the Gas Tax Fund and the District One Road Impact Fee Fund. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution authorizing the acquisition by girl or purchase the fee simple interest required to complete the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south, being the intersection of the future east/west connector road connecting to Livingston Road (Phase I); and (2) Authorize the Chairman to execute the attached Resolution; and. Toni I91tott, Su~rvisor Real Property Management Department DATE: ,~'~ REVIEWED BY: REVIEWED BY: APPROVED BY: Mitch Momtaz, Project Manager Public Works Engineering Department ~ Admi~ Public Works Division DATE: DATE: DATE: NO. ~~ HAY 2 3 2000 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 RESOLUTION NO. 2000 - A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE S1MPLE TITLE INTERESTS FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE WHIPPOORV~/ILL LANE PROJECT BETWEEN PINE RIDGE ROAD TO A POINT ONE MILE SOUTH, BEING THE lNTERESECTION OF THE FUTURE EAST/WEST CONNECTOR ROAD CONNECTING TO LIVINTSTON ROAD (PHASE ONE) WHEREAS, on January I 1, 2000, Item 8(aX3), the Board of County Commissioners (Board), approved a 15 proposal to prepare regulations to insure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 16 East) be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities; and 17 WHEREAS, preliminary staff analysis indicates that an additional five hundxed (500) dwelling units utilizing 18 Whippoorwill Lane for access will cause significant operational dilTiculties at the future signalized intersections with Pine 19 Ridge Road; and 20 WHEREAS, Whippoorwill Lane is needed as a public road and this public road will provide a valid public benefit; 21 and 22 WHEREAS, on March 14, 2000, Item 12(b)(3) and 12(b)(4), the Board of County Commassioners were petitioned 23 by Developers within the Whippoorwill Lane area to approve the required infrastructure for the construction of 24 Whippoorwill Lane and staff was directed by the Board of County Commassinners to pursue the inclusion of the 25 Whippoorwill Lane Project into the Capital Improvement Element of the Growth Management Plan, initiate the acqui,~ 26 of the required land interests, and to expedite the advancement of construction of Whippoorwill Lane; and 27 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety 28 and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; 29 and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to 30 maintain flexibility over the acquisition of property rights required for the construction of the Whippoorwill Lane Project ' 31 between Pine Ridge Road to a point one mile south betng the intersection of the future east/west connector road connecting 32 to Livingston Road (Phase l), hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and 33 incorporated herein by reference; and 34 WHEREAS, the design and construction of said transportation improvements and related facilities have been 35 determined by the Board to be necessary and in the best interest of Collier County; and 36 WHEREAS, the construction of the transportation improvementS and related facilifies contemplated by the Project 37 !are necessary in order to protect the health, safety and welfare of the ciuzens of Collier County, and is consistent with the 38 County's long range planning effort. 39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 40 COUNTY, FLORIDA, that: 41 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final 42 adopted location of the transportation improvementS and related facilities. 43 2. The fee simple interests identified on Exhibit "A" are the most feasible locations, both necessary and consistent 44 with the project requirementS, in order to permit the consauction and maintenance of the transportltion improvem?,ts and , MAY 2 3 2000 Purchasing Department; provided, Project funding is available. 45 related facilities for the Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the 46 intersection of the future eastSwest connector road connecting to Livingston Road (Phase l). 47 3. The Board has determined that the construction and maintenance of the Whippoorwill Lane transportation 48 improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 49 4. The cons~-uction and maintenance of the transportation improvements and related facilities are compatible with 50 the long range planning goals and objectives for Collier County. 51 5. It is necessary and in the best interest of Collier County for the Board to acquire the fee simple title interests 52 identified in Exhibit "A"; and County Staff is hereby authorized and directed to acqmre by girl or purchase the fee simple 53 title interests on the properties identified in Exhibit "A". 54 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal fu'm(s) 55 selected from the list of ftrms pre-qualified by the Board of County Commissioners. The Board further directs staff to use 56 appraisal reports or internal compensation estimates as staff detemunes is necessary to best serve the needs of the Project in 57 a timely and cost-effective manner. 58 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the 59 requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel 60 (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In 61 lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar 62 amounts of which shall be predicated on "staff compensation estmmtes" based upon independent appraisals (and the data 63 therefro~m) obtained on similar properties and upon consideration and application of appropriate market value and cost data 64 pertinent to the subject parcels. 65 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property 66 acquisition, Real Property Management Department staff is hereby directed to offer inunediate delivery to the respective 67 properly owners of the full compensation (as established by the appraisal or staff compensation estunates in accordance 68 with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective 69 easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in 70 order to protect the interests of the County; and the Board hereby authorizes its present Chaunnan and any subsequent 71 Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County 72 Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquired fee 73 sunpie title interest. 74 9. In those instances where negotiated settlements may be obtained via the "Pro-chase Agreement" or "Easement 75 Agreement" mechanism, the Director of the Office of Public Works Engineering, or his designee, is charged with the 76 responsibility for completion of various capital improvement projects, and is hereby delegated the authorily to approve the 77 purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it 78 is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being 79 acquired, only when the difference between the purchase price and compensation estunate or appraised value is less than 80 Fifteen Thousand and 00/I 00 Dollars ($15,000.00) or the current purchasing limits established by the Collier County 81 -Page 2- 82 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict 83 with the provisions of Section 125.355, Florida Statutes. 84 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements 85 where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount 86 considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of 87 Collier County. 88 12. Where the property owner agrees, by sworn affidavit or agreemen! ("Purchase Agreement" or "Easement 89 Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property 90 owner of those easements or fee sunpie title, and such other legal documents as the Office of the County Attorney may 91 require, the Board hereby authorizes the Finance Deparlment to issue warrants, payable to the property owner(s) of record, 92 in those amounts as shall be specified on a closing statement and which shall bc based upon the appraisal or staff 93 compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 94 13. All title to properties or interests in properties which have been obtained in the manner described above shall be 95 deemed "accepted" by the Board of County Corarmssioners, as the governing body of Collier County, Florida, a political 96 subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, 97 Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any 98 99 100 101 102 103 104 105 106 107 108 109 110 Ill "112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this __ ATTEST: DWIGHT E. BROCK, CLERK Clerk . day of By: ., 2000, after motion, second and majority vote., BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal rsufficiency: Heidi F. Ashton Assistant County Attorney -Page 3- MAY 2 3 20O0 WHIPPOORWILL LANE PROJECT CORRIDOR & PUD MAP ...... ..EINE_EII: EIBERT GOLF CENTER NNFD/ PRCWI PRC | PINE 1-75 BRYNWOOD PRESERVE ARLINGTON LAKES (98.36 acres / 492 units) ALEXANDRIA (19.58 acres / 72 units) BALMORAL (39.58 acres / 154 units) WHIPPOORWILL LAKES (76.83 acres / 518 units) i i WHIPPOORWILL PINES I (29.54 acres /210 units) I ,: I : I I i I WHIPPOORWILL WOODS (83.92 acres / 462 units) I (LIVINGSTON VILLAGE) (148.98 acres / 540 units) HAY 2 3 20O0 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE TWO (2) PELICAN BAY SERVICES DIVISION ADVISORY COMMITTEE MEMBERS TO ATTEND THE SUSTAINABLE FLORIDA LEADERSHIP AWARDS BANQUET, AS SERVING A VALID PUBLIC PURPOSE OBJECTIVE: To authorize two (2) Pelican Bay Services Division Advisory Committee Members to attend The Sustainable Florida Leadership Awards Banquet. CONSIDERATIONS: The Pelican Bay Services Division along with WCI Communities has received a Year 2000 Sustainable Leadership Award in our efforts for the restoration of the Clam Bay Ecosystem. The Award will be presented to the recipients at a banquet in Tampa on May 24, 2000. The Advisory Committee Chairman and one of the Committee Members have been requested to attend the banquet to accept the Award on behalf of the Pelican Bay Services Division. Travel expenses will be reimbursed on an actual expense basis according to Collier County Policies. This is an Award from the Council for Sustainable Florida 2000 recognizing the Public/Private initiative for the Clam Bay Restoration Project. The award is based on bringing together the public and private sector for a common cause of sustaining a valuable environmental resource - mangroves. FISCAL IMPACT: The estimated Fiscal Impact is approximately $650.00 broken down as follows: $150.00 each per seat, $100.00 per room, $.29 per mile travel, plus parking and tolls. Funds are available in the Clam Bay Restoration Budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize two (2) Pelican Bay Services Division Advisory Committee members to attend The Sustainable Florida Leadership Awards Banquet, as s/~j~, ing a valid public purpose. PREPARED B ,,/fan~es P. Ward / Department Director PROVED BY: .CP d:;/' / Ed~d N. M'~, ~tefim Administrator Public Works Division DATE: EXECUTIVE SUMMARY APPROVE STAFF RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES FOR PINE RIDGE ROAD WIDENING FROM AIRPORT ROAD TO LOGAN BOULEVARD, PROJECT NO. 60111, CIE NO. 41. OBJECTIVE: To receive Board's approval of staff's ranking of firms for the Pine Ridge Road Construction Engineering Inspections Services and authorization to begin contract negotiations with the top ranked firm for subsequent Board approval. CONSIDERATIONS: On March 7, 2000 the County requested proposals (RFP #00-3053) from firms that are interested in providing Construction Engineering Inspection (CEI) Services for the construction of the Pine Ridge Road (From CR 31 to Logan Boulevard). Five (5) responses were received on April 7, 2000. Review of the five (5) 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 five proposals and ranked the best qualified (the top 3) firms for approval and contract negotiations as follows: 1. WilsonMiller 2. Stanley Consultants, Inc. 3. AIM Engineering FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No.41 is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the Committee's ranking and authorize staff to begin Contract negotiations with the top ranked firms beginning with the number one ranked firm for the Board's subsequent approval. SUBMITTED BY:' [ Z~'('~:J' Peter S. Hayden, P.E., Project Manager Public Works Engineering Department REVIEWED BY: /~/?ff Bibby, P.E., Director ublic Works Engineering Department Date: Date: , / Executive Summary Pine Ridge Road Project #60111 RFP #00-3053, Page 2 of 2 REVIEWED BY: Transportation(f/~/~ices Director Date: REVIEWED BY: Steve Camell, Director Purchasing Department Date: APPROVED BY:,, m~mstrator ~ Public Works Division Attachments: - Committee Authorization Letter - Staff Ranking Matrix COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 3411;~ CWW Address: co.colher~.ns May 2,2000 'To: All Interested Proposers Re: RFP #00-3053 - "Construction Engineering Inspection Services for Pine Ridge Road (CR 31 to Logan Blvd) Thank you for participating in RFP #00-3053 for Construction Engineering Inspection Services for Pine Ridge Road (CR 31 to Logan Blvd). 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: 1. WilsonMiller 2. Stanley Consultants, Inc. 3. AIM Engineering 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 Purchasing Agent cc: Rich Hellriegel, PWED Mike Marquis, PWED MAY 2 3 2000 j Z (J3 (D MAY 2 CEI Services for Pine Ridge Road RFP 00-3053 Project Narrative W'~lson Miller ConsuI-Tech 31 AIM Engr'g 27 PBSJ Construction 26 Stanley Consultants 25 29 Qualifications of Persons Assigned Previous Performance on Similar Jobs Demonstration of Records Documentation TOTAL 21 21 10 83 21 21 10 79 21 21 10 78 20 20 10 75 21 21 10 81 First Firm Second Firm Third Firm W~lson Miller Stanley ConsuI-Tech Selection Committee Member Public Works Engineering HAY 2 3 2000 RFP #00 - 3053 "Construction Engineering Inspection Services for Pine Ridge Road" SCORING FORM Project Narrative ~,: ~;' Qua~eafions of Persons Assigned To Project Pre~ous Performance on Similar Jobs & Reference Chec~ Demonstration of Records Documentation 15 Points " ~ PoMts Po~B TOTAL Possible Points RANKING S~'~EeTtON COMMITrEE MEMBER'S SIGNATURE Y 2 3 RFP #00- 3O53 "Construction Engineering Inspection Services for Pine Ridge Road" SCORING FORM Project Narradve QuOtations of Persons Assigned To Project 25 Po~ts Pre~ous Performance on Similar Jobs & Reference Chec~ 25 Po~ Demonstration of Records Documentation 15 Poem Po~ts Po~ts TOTAL Possible Points FIRST FIRM $~COND FrRM SELEC~IO~ C~I'EE MEMBER'S 'SIGNATURE / '" /'DATE HAY 2 3 2000 RFP #00 - 3053 "Construction Engineering Inspection Services for Pine Ridge Road" SCORING FORM Project Narrative ~ ~ '.::-<.-: .'- ..' '; Qufflcafions of Persons Assigned To Project t':~? ' "' ~. ~,.?. ~ ~- 25 Po~ ~ ,,~,~C,,./ ' ~ Pre~ous Performance on Similar Jobs & Reference Chec~ ; / C 25Po~ts '/ ' ' '.: ," ' ,...,., . _ Demonstration of Records Documentation 15 Points V ~o~ts : i - , ,', . Points TOTAL Possible Points FIRST FIRM SECOND FIRM RANKING .(>j >7. 1 SELECTION COMMITTEE MEMBER'S SIGNATURE DATE EXECUTIVE SUMMARY APPROVE WORK ORDER NO. PW-WM-0009 WITH WILSONMILLER TO PROVIDE PROJECT MANAGEMENT SERVICES FOR THE EAST TAMIAMI TRAIL, PHASE "B" STREETSCAPE BEAUTIFICATION PROJECT, FROM AIRPORT ROAD TO RATTLESNAKE HAMMOCK ROAD, PROJECT NO. 60039 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order No. PW-WM-0009 for Project Management Services for East Tamiami Trail Streetscape Beautification Project, Phase "B" from Airport Road to Rattlesnake Hammock Road. CONSIDERATION: Streetscape Beautification for East Tamiami Trail has been identified in the Collier County Streetscape Master Plan. As authorized and directed by the Board on August 3, ! 999 [Agenda Item 8(B)6], staff is proceeding with final design, bid stage, and construction activities for landscape improvements along East U.S. 41 between Davis Boulevard and Rattlesnake Hammock Road. Consistent with Board stipulations, this 2.9-mile highway landscape project is being implemented in two distinct construction phases: · :. Phase "A" as the first construction segment: Davis Boulevard to Airport-Pulling Road (1.2 miles) having a planned construction start date of July, 2000; and · :- Phase "B" as the second construction segment: Airport-Pulling Road to Rattlesnake Hammock Road (1.7 miles) having a planned construction start date of January 2001. Public Works Engineering Department recommends the use of WilsonMiller for Project Management Services during completion of Phase "B," the second construction segment only. FISCAL IMPACT: Funds in the amount of $28,900 are available in the MSTD Road District 3 Fund. Source of funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order No. PW-WM-0009 and authorize the Public Works Engineering Department Director to execute said work order in the amount of $28,900 on behalf of the Board. Gerald N. Kurtz, E.I., Eng' eer II Public Works Engineering Department DATE: ~/~/~ 2 3 2000 pc.,. Executive Summary US 41 Streetscape Beautification, Project 60039 Work Order # PW-WM-0009 Page No. 2 REVIEWED BY:fj~,] B'bby, P.E. Public Works Engineering Director./ Edward J. IC~fit, 1~, Transportation ,S,e~ :ices Director APPROVED BY( '/~,'~/ --E~c~w ard Finn Interim Public Works Administrator DATE: DATE: Attachment: Work Order # PW-WM-0009 NO. MAY 2 3 2000 WORK ORDER # PW-WM-0009 ~'~m~i~t for Fixed Term Professional Landscape Architectural Services Dated July 28, 1998 (Contract #98-2777) This Wbrk Order is for professional engineering services for work known as: Project: Project Management Support Services for U.S. 41 East Streetscape Beautification The work is specified in the proposal dated April 10, 2000 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PW-WM-0009 is assigned to WilsonMiller. (Firm Name) Scope of Work: As detailed in the attached proposal and the following: o:. 2.1.1 -2.1.5 Project Management Services · :* 2.1.6 Clerical Support Services Schedule of Work: Complete work within 5_ months from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 2.1.1 - 2.1.5 523,600 (Time & Materials) Task 2.1.6 $4,800 (Fixed) Reimbursables $500 TOTAL FEE $28,900 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: 3,~ 4~ _~. , / ~/.~-~/~ ~ ~ otks En~r:~ar tmcnt Edward J. Kant~t~ Director Date Transporatio,~ff~m APPROVED BY: Jeffrey Bibby, P.E., Director Date Public Works Engineering Department Approved as to Form and Legal Sufficiency: 7 Assistant County Attorney ATTEST: (Corporate Secretary) Garyi..L. Danca Secretary, Treasurer Type Name and Title Template/SN/WO Fixed Term Pro Eng SPry 2 ACCEPTED BY: Date: April 24, 2000 WilsonMiller By: of Firm -'~-'~ignature / / Fermin A. Diaz, P. E.~ Note: BCC needs to authorize the dollar amount and request that BCC to authorize the PWED Department Director to execute the Work Order as part of your Executive Summary. MAY 232000 I ",: :,_-* W'dspnMiller New Directions In PlantTing, Design & Engineedng PROFESSIONAL SERVICES PROPOSAL TO: FROM: Mr. Jerry Kurtz Project Manager Collier County Public Works Engineering Department 3/30~ast Tamiami Trail, Building D //'Napes, Florida 3~112 John H. DeWinkier, PE Director of Transportation Services DATE: SUBJECT: April 10, 2000 Professional Services Proposal for Project Management Support Services for the US 41 East Median Beautification Project from Airport Road to Rattlesnake-Hammock Road Collier County, Florida 1. OVERVIEW 1.1. 1.2. 1.3. 1.4. The Collier County Public Works Engineering Department (Client) wishes to hire WilsonMiller (Consultant) to provide project management services related to the US 41 East Median Beautification Project (the Project). This project involves coordination with the Design Professional, the Florida Department of Transportation, and various Collier County Departments. The services described herein will be provided under the existing Fixed Term Landscape Architecture Services Agreement for Collier County RFP No. 98- 2777. WilsonMiller, Inc. has been requested to submit a proposal to render Landscape Architecture review and Project Management services for the Project. WilsonMiller will coordinate with representatives of the Client and James Abney and Associates, WilsonMiller's irrigation subconsultant. Other subconsultants for legal or technical support, as may be needed, will contract directly with the Client. · aples Fort lilyera Sarasota Bradonton Tampa 3200 Bailey Lane, Su#e 200 Naples, F/odda 34105-8507 941-649-4040 ~ 941-643-5716 w~vw. wilsonmiller. corn MAY 2 3 2000 PC,._ ~_t'~ Wils Miiler 1,5, 1,6. The Design Professional for the Project is McGee & Associates and has contracted separately with the Client for the Froject design and construction phase services. The Design Professional has submitted a Florida Highway Beautification Grant Application to the Florida Department of Transportation for the Project. SCOPE OF SERVICES 2.1. Project Management Services The Consultant will provide approximately four (4) hours per week for approximately five (5) months of support services for the following tasks. 2.1.1. Coordinate the activities of the Design Professional with the Client's department and other County and external agencies. 2.1.2. Provide a weekly Project status update to the Client's contract manager. 2.1.3. Coordinate the utility review process with the Design Professional and affected utility companies. 2.1.4. Act as liaison for the Client for the Florida Department of Transportation (FDOT) Highway Beautification Grant application process between the Client, the Design Professional and the FDOT. 2.1.5. Verify the Design Professional's value of services provided and make a recommendation to the Client regarding monthly pay requests. 2.1.6. Provide clerical services up to four (4) hours per week for the estimated five (5) months of project coordination to support the Consultant's activities described in Sections 2.1.1 through 2.1.5. 2.2. 2.2.1. 2.2.2. Post-Design Project Assistance Attend the pre-bid and pre-construction conferences to provide a historical perspective on the Project issues for the sake of project continuity. Be available to provide assistance to the Client's staff as requested within the remaining budget dudng the pedod of bidding and construction. The Consultant will provide up to approximately eight (8) hours per week for approximately eleven (11) months of project assistance. MAY 2000 WilspnMiller 2.3, 2.2.3. Provide clerical services up to two (2) hours per week for the estimated eleven (11) months of construction to support the Consultant's coordination activities described in Sections 2.3.1 through 2.3.2. Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiller. 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. The Scope of Services and Fees proposed herein are based on the assumption that: 3.1.1. 3.1.2. the Client's staff will facilitate the request for documentation from other County departments; the Client will process the Design Professional's applications for payment; 3.1.3. the Client will prepare the "front end" documents of the construction documents as well as coordinate the bid phase services, pre-bid meeting and pre-construction conference; 3.1.4. the Consultant's project management and review services shall not relieve the Design Professional's responsibility with respect to usual and customary care in the Design Professional's efforts to comply with all laws, codes and regulations in effect at the time of this work order regarding the technical accuracy and adequacy of the Design Professional's drawings, computations, reports, specifications and other work; and, 3,2. 3.1.5. the Client will be responsible for securing the necessary funding for the design and construction phase services. Due to the various laws and ordinances relating to projects of this nature, legal counsel will be required. This service is specifically excluded from this proposal. It is our understanding that the Client will retain the Office of the Collier County Attorney as legal counsel for advice and participation as a professional team member. The Client may be required to provide other information, plans, calculations and data as identified in Section 2.0, SCOPE OF SERVICES, or as may be requested by WilsonMiller during the course of the Project. Client is expected to NAY 2 3 2000 WilspnMi!!er furnish WilsonMiller with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, right-of-way, etc. 4. EXCLUDED SERVICES 4.1, The professional services that VVilsonMiller will provide under this Proposal/Agreement include, and are limited to, those described above in Section 2.0, SCOPE OF SERVICES. All other services are specifically excluded. 5. FEES The fees for SCOPE OF SERVICES shall be as follows: PARA SERVICE (US 41 East Project) FEE FEE PIN * TYPE AMOUNT 2.1.1 Project Management Services T/M/E $23,600 03036-002-001-GC000 through 2.1.5 2.1.6 Clerical Support During Design Fixed $4,800 03036-002-001-GCE00 2.2. t Post-Design Project Assistance T/M/E To Be Determined prior to construction through start-up in FY 2001 2.2.2 2.2.3 Clerical Support During Construction Fixed To Be Determined prior to construction start-up in FY 2001 2.3 Reimbursables T/M/E $500 03036-002-001-RB000 Estimated Fixed Fee $4,800 Estimated Time/Materials/Expenses (T/M/E) Fee $24,100 Total Estimated Fee $28,900 *Project Identification Number 4/10/00-75657 V~x- 0-1!-AGONZALE NAY 2 3 20OO EXECUTIVE SUMMARY APPROVE WORK ORDER NO. PW-WM-0008 WITH WILSONMILLER TO PROVIDE PROJECT MANAGEMENT SERVICES FOR GOODLETTE-FRANK ROAD MEDIAN BEAUTIFICATION PROJECT, FROM SOLANA ROAD TO PINE RIDGE ROAD, PROJECT NO. 60095 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order No. PW-WM-0008 for Project Management Services for Goodlette-Frank Road Median Beautification fi'om Solana Road to Pine Ridge Road. CONSIDERATION: Median Landscaping for Goodlette-Frank Road from Solana Road to Pine Ridge Road has been identified in the Collier County Streetscape Master Plan and is budgeted for the fiscal year 2000. In order to keep this project on schedule Public Works Engineering Department recommends the use of WilsonMiller for Project Management Services during design and construction. ·. FISCAL IMPACT: Funds in the amount of $54,700 are available in the MSTD Road ii'~ t\District 2 Fund. Source of funds is Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order # PW-WM-0008 and authorize the Public Works Engineering Department Director to execute said work order in the amount of $54,700 on behalf of the Board. Gerald N. Kurtz, E.I., Engineer II Public Works Engineering Department DATE: REViEWED BY.. ~/~."/ ?-~ ~/~ ~eff Bibby, P.E. Public Works Engineering Director DATE: MAY 2 3 2000 P~. I Executive Summary Goodterre-Frank Median Beautification, Project 60095 Work Order # PW-WM-0008 Page No. 2 REVIEWED BY: q Transportation S~/c ~ Director APPROVED BY ://fd./v(aa~Finn q-rftcrim Public Works Administrator DATE: Attachment: Work Order # PW-WM-0008 MAY 2 3 2000 WORK ORDER # PW-WM-0008 Agreement for Fixed Term Professional Landscape Architectural Services Dated July 28, 1998 (Contract #98-2777) This Work Order is for professional engineering services for work known as: Project: Prelect Management Support Services for Goodlette-Frank Road Median Beautification The work is specified in the proposal dated April 10, 2000 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PW-WM-0008 is assigned to WilsonMiller. (Firm Name) Scope of Work: As detailed in the attached proposal and the following: · :*2.1.1 -2.1.4 Project Management Services · :.2.1.5 Clerical Support During Design · :.2.2.1-2.2.2 Post-Design Project Assistance · :.2.2.3 Clerical Support During Construction Schedule of Work: Complete work within 1.~2 months from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 2.1.1 - 2.1.4 $10,600 (Time & Materials) Task 2.1.5 $2,100 (Fixed) Task 2.2.1-2.2.2 $37,300 (Time & Materials) Task 2.2.3 $4,200 (Fixed) Retmbursables $500 TOTAL FEE $54,700 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Gerald ~. Kurtz, E.I~ginee~ Date ' " Edward J Ka ' . Director ~ctor.. a/~f_,, Date Tr a nspor a?~/;feinr ,..~/ APPROVED BY: Jeffrey Bibby, P.E., Director Public Works Engineering Department Date Approved as to Form and L.~ ~l Sufficiency: Assistant County Attorn¢ ACCEPTED BY: Date: April 24, 2000 WilsonMiller ~,eof Fir~/~,~_ Signatnre / Fermin A. Diaz', P. ATTEST: (Corporate Secretary) By: G%. Danca By: Secretary, Treasurer Type Name and Title Template/SN/WO Fixed Term Pro Eng Serv 2 Note: BCC needs to authorize the dollar amount and request that BCC to authorize the P Director to execute the Work Order as part of your Executive Summary. ITENi FII.E IIOI el'El) TO: lIEQUEST FOIl LEGAL SERVICES Dale: 04-Z4-00 To: Office of the County Attorney I:ro]n: .leery Kurtz, E.I. I)cl)arlmcnl: Public Works Engineering Title: Enl~ineer II I)ivision: Pul)lic Works 'l'clel)honc#: 774-8192 Re: hiedian l,andscape services for (;oodlelte-Frank Ro',ld Solona Rd. to Pine Ridge Rd. l'ro.iecl # 600o5 II .h('I(¢;R()IIND OF REQITEST/PROBI~EM: X, Vc have negolialed a routine work order with WilsnnMillcr for pr~>ject management scrviccs ulilizina our annual conlracts. All time lcrms and fees of time annnal contract are adhered ~o. (Arc ihcrc documcnls or other infin'mation needed to review timis mailer? if yes, attach and reference lhis information.) This iicm has not been prcvionsly submitted. A('T!()N REQU I(S'I'ED: Please approve fhc attached work order, in order to present to the BCC. ()'I'll Ell CO1MMENTS: Ed Finn, Interim Public XVorks Administrator MAY 2 3 WilspnMiller New Directions In Planning, Design & Engineering PROFESSIONALSERVlCESPROPOSAL TO: FROM: Mr. Jerry Kurtz Project Manager Collier County Public Works Engineering Department ~3~ East Tamiami Trail, Building D N ,~les, Florida//34112 John H. DeW~nkler, PE Director of Transportation Services DATE: SUBJECT: April 10, 2000 Professional Services Proposal for Project Management Support Services for the Goodlette-Frank Road Beautification Project from Solana Road to iust south of Pine Ridge Road Collier County, Florida 1. OVERVIEW 1.1. 1.2. 1.3. The Collier County Public Works Engineering Department (Client) wishes to hire Wils0nMiller (Consultant) to provide project management services related to the Goodlette-Frank Road Median Beautification Project (the Project). This project involves coordination with the Design Professional and various Collier County Departments. The services described herein will be provided under the existing Fixed Term Landscape Architecture Services Agreement for Collier County RFP No. 98- 2777. WilsonMiller, Inc. has been requested to submit a proposal to render Landscape Architecture review and Project Management services for the Project. WilsonMiller will coordinate with representatives of the Client and James Abney and Associates, WilsonMiller's irrigation subconsultant. Other subconsultants for legal or technical support, as may be needed, will contract directly with the Client. Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite 200 Nap/es, Florida 34105-8507 941-649-4040 t 941-643-5716 ~ www. wilsonmiller. corn MAY 2 3 2000 WilspnMiller 1.5, The Design Professional for the Project is A. Gall Boorman & Associates and has contracted separately with the Client for the Project design and construction phase services. 2. SCOPE OF SERVICES 2.1. Project Management Services The Consultant will provide approximately four (4) hours per week for approximately three (3) months of support services for the following tasks. 2.1.1. Coordinate the activities of the Design Professional with the Client's department and other County and external agencies. 2.1.2. Provide a weekly Project status update to the Client's contract manager. 2.1.3. 2.1.4. Coordinate the utility review process with the Design Professional and affected utility companies. Vedfy the Design Professionars value of services provided and make a recommendation to the Client regarding monthly pay requests. 2.1.5. Provide clerical services up to four (4) hours per week for the estimated three (3) months of project coordination to support the Consultant's activities described in Sections 2.1.1 through 2.1.4. 2.2. Post-Design Project Assistance 2.2.1. Attend the pre-bid and pre-construction conferences to provide a historical perspective on the Project issues for the sake of project continuity. 2.2.2. Be available to provide assistance to the Client's staff as requested within the remaining budget during the pedod of bidding and construction. The Consultant will provide up to approximately eight (8) hours per week for approximately seven and one-half (7 1/2) months of project assistance. 2.2.3. Provide clerical services up to two (2) hours per week for the estimated seven and one-half (7 1/2) months of construction to support the Consultant's coordination activities described in Sections 2.3.1 through 2.3.2. 2.3. Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls NAY 2 3 2000 WilspnMiiler shall be reimbursable to VVilsonMiller. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. The Scope of Services and Fees proposed herein are based on the assumption that: 3.1.1. the Client's staff will facilitate the request for documentation from other County departments; 3.1.2. the Client will process the Design Professional's applications for payment; 3.1.3. the Client will prepare the "front end" documents of the construction documents as well as coordinate the bid phase services, pre-bid meeting and pre-construction conference; 3.1.4. the Consultant's project management and review services shall not relieve the Design Professional's responsibility with respect to usual and customary care in the Design Professional's efforts to comply with all laws, codes and regulations in effect at the time of this work order regarding the technical accuracy and adequacy of the Design Professional's drawings, computations, reports, specifications and other work; and, 3.1.5. the Client will be responsible for securing the necessary funding for the design and construction phase services. 3.2. Due to the various laws and ordinances relating to projects of this nature, legal counsel will be required. This service is specifically excluded from this proposal. It is our understanding that the Client will retain the Office of the Collier County Attorney as legal counsel for advice and participation as a professional team member. 3.3. The Client may be required to provide other information, plans, calculations and data as identified in Section 2.0, SCOPE OF SERVICES, or as may be requested by WilsonMiller during the course of the Project. Client is expected to furnish WilsonMiller with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, right-of-way, etc. HAY 2 3 2000 WilspnMiller EXCLUDED SERVICES The professional services that WilsonMiller will provide under this Proposal/Agreement include, and are limited to, those described above in Section 2.0, SCOPE OF SERVICES. All other services are specifically excluded. 5. FEES The fees for SCOPE OF SERVICES shall be as follows: PARA SERVICE (Goodlette-Frank Road Project) FEE FEE PIN * TYPE AMOUNT 2.1.1 Project Management Services T/M/E $10,600 03036-004-001-GC000 through 2.1.4 2.1.5 Clerical Support During Design Fixed $2,100 03036-004-001-GCE00 2.2.1 Post-Design Project Assistance T/M/E $37,300 03036-004-001-CS000 through 2.2.2 2.2.3 Clerical Support During Construction Fixed $4,200 03036-004-001-CSE00 2.3 Reimbursables T/M/E $500 03036-004-001-RB000 Estimated Fixed Fee $6,300 Estimated Time/Materials/Expenses (T/M/E) Fee $48,400 Total Estimated Fee $54,700 *Project Identification Number MAY 2 3 2O0O EXECUTIVE SUMMARY APPROVE WORK ORDER # PW-WM-0010 WITH WILSONMILLER TO PROVIDE PROJECT MANAGEMENT SERVICES FOR THE NORTH TAMIAMI TRAIL MEDIAN LANDSCAPE, FROM SEAGATE DRIVE TO GULF PARK DRIVE. OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # PW-WM-0010 for Project Management Services for North Tamiami Trail Median from Seagate Drive to Gulf Park Drive. CONSIDERATION: Median Landscaping for North Tamiami Trail from Seagate Drive to Gulf Park Drive has been identified in the Collier County Streetscape Master Plan and is budgeted for the fiscal year 2000. This project is a 50/50 match between fund 322 Pelican Bay Irrigation & Landscaping System Analysis and fund 103 MSTD Road District 2 for a total amount of $502,000. In order to keep this project on schedule Public Works Engineering Department recommends the use of WilsonMiller for Project Management Services during design. FISCAL IMPACT: Funding in the amount of $30,100 is budgeted in the MSTD Road District 2 Fund. Funding source is Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: Approve Work Order # PW-WM-0010 and authorize the Public Works Engineering Department Director to execute said work order in the amount of $30,100 on behalf of the Board. SUBMITTED BY.'~~ /~ Peter S. Hayden, E.I., Project Manager Public Works Engineering Department DATE: REVIEWED ~'~ ff Bibby, P.E. Public Works Engineering Director DATE: MAY 2 3 2000 Executive Summary US 41 Median Landscape, Project 60096 Work Order # PW-WM-0010 Page No. 2 Edward J. Transportation ~q~terim Public Works Administrator DATE: Attachment: Work Order # PW-VvqVI-0010 WORK ORDER # PW-WM-0010 Agreement for Fixed Term Professional Landscape Architectural Services Dated July 28, 1998 (Contract #98-2777) This Work Order is for professional engineering services for work known as: Project: Proiect Management Support Services for U.S. 41 North Median Beautification The work is specified in the proposal dated April 10, 2000 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PW-WM-0010 is assigned to WilsonMiller. (Firm Name) Scope of Work: As detailed in the attached proposal and the following: · ;. 2.1.1 -2.1.4 Project Management Services ~- 2.1.5 Clerical Support Services Schedule of Work: Complete work within 7_ months from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 2.1.1 - 2.1.4 $24,000 (Time & Materials) Task 2.1.5 $5,600 (Fixed) Reimbursables $500 TOTAL FEE $30,100 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" c Agreement. ~liF~orls E~jn~ ~p~rtm~n~ AUTHORIZED ~Y: ~dward J. Kaat~i~C~cto~ Date Iranspo~atio~~m APPROVED BY: Jeffrey Bibby, P.E., Director Public Works Engineering Department Approved as to Form and Le~Su ffi~cqiency: /1~ Assistant County Attor7 Date ACCEPTED BY: Date: April 24, 2000 ATTEST: (Corporate Secretary) By: ~ ' Type'Name an~d'Title Template/SN/WO Fixed Term Pro Eng Serv 2 By: WilsonMiller Name of Firm Nole: BCC needs to authorize the dollar amount and request that BCC to authorize the PWED Department Director to execute the Work Order as part of your Executive Summary. MAY 232000 [ WilspnMiller New Direcb'ons In Planning, Design & Engineering PROFESSIONAL SERVICES PROPOSAL TO: FROM: Mr. Peter S. Hayden Project Manager Collier County Public Works Engineering Department ~~,~East Tamiami Trail, Building D //John H. DeWinkier, PE Director of Transportation Services Project Manager DATE: SUBJECT: April 10, 2000 Professional Services Proposal for Project Management Support Services for the US 41 North Median Beautification Project from Seagate Drive to Gulf Park Drive Collier County, Florida 1. OVERVIEW 1.1. 1.2. 1.3. 1.4. The Collier County Public Works Engineering Department (Client) wishes to hire WilsonMiller (Consultant) to provide project management services related to the US 41 North Median Beautification Project (the Project). This project involves coordination with the Design Professional, the Florida Department of Transportation, and various Collier County Departments. The services described herein will be provided under the existing Fixed Term Landscape Architecture Services Agreement for Collier County RFP No. 98- 2777. WilsonMiller, Inc. has been requested to submit a proposal to render Landscape Architecture review and Project Management services for the Project. WilsonMiller will coordinate with representatives of the Client and James Abney and Associates, WilsonMiller's irrigation subconsultant. Other subconsultants for legal or technical support, as may be needed, will contract directly with the Client. Naples Fort Myers Sarasota gradenton Tampa 3200 Bailey Lane, Suite 200 Nap/es. F/onda 34105-8507 941-649-4040 ~ 941-643-571 www. wilsonmiller. corn MAY 2 3 2000 WilsdnMiller 1.5. 1.6. The Design Professional for the Project is Botner Land Design, Inc. and has contracted separately with the Client for the Project design and construction phase services. The Design Professional has submitted a Florida Highway Beautification Grant Application to the Florida Department of Transportation for the Project. 2. SCOPE OF SERVICES 2.1. Project Management Services The Consultant will provide approximately four (4) hours per week for approximately seven (7) months of support services for the following tasks. 2.1.1. 2.1.2. Coordinate the activities of the Design Professional with the Client's department and other County and external agencies. Provide a weekly Project status update to the Client's contract manager. 2.1.3. Act as liaison for the Client for the Florida Department of Transportation (FDOT) Highway Beautification Grant application process between the Client, the Design Professional and the FDOT. 2.1.4. Verify the Design Professional's value of services provided and make a recommendation to the Client regarding monthly pay requests. 2.1.5. Provide clerical services up to four (4) hours per week for the estimated seven (7) months of project coordination to support the Consultant's activities described in Sections 2.1.1 through 2.1.5. 2.2. Post-Design Project Assistance 2.2.1. Attend the pre-bid and pre-construction conferences to provide a historical perspective on the Project issues for the sake of project continuity. 2.2.2. Be available to provide assistance to the Client's staff as requested within the remaining budget during the period of bidding and construction. The Consultant will provide up to approximately eight (8) hours per week for approximately seven and one-half (7 1/2) months of project assistance. 2.2.3. Provide clerical services up to two (2) hours per week for the estimated seven and one-half (7 1/2) months of construction to support the Consultant's coordination activities described in Sections 2.3.1 through 2.3.2. HAY 2 3 2000 WilsonMiller 2.3. Reimbursable Expenses Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiller. 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. The Scope of Services and Fees proposed herein are based on the assumption that: 3.1.1. the Client's staff will facilitate the request for documentation from other County departments; 3.1.2. the Client will process the Design Professional's applications for payment; 3.1.3. the Client will prepare the "front end" documents of the construction documents as well as coordinate the bid phase services, pre-bid meeting and pre-construction conference; 3.1.4. the Consultant's project management and review services shall not relieve the Design Professional's responsibility with respect to usual and customary care in the Design Professional's efforts to comply with all laws, codes and regulations in effect at the time of this work order regarding the technical accuracy and adequacy of the Design Professional's drawings, computations, reports, specifications and other work; and, 3.1.5. the Client will be responsible for securing the necessary funding for the design and construction phase services. 3,2. Due to the various laws and ordinances relating to projects of this nature, legal counsel will be required. This service is specifically excluded from this proposal. It is our understanding that the Client will retain the Office of the Collier County Attorney as legal counsel for advice and participation as a professional team member. 3.3. The Client may be required to provide other information, plans, calculations and data as identified in Section 2.0, SCOPE OF SERVICES, or as may be requested by WilsonMiller during the course of the Project. Client is expected to furnish WilsonMiller with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, right-of-way, etc. HAY 2 3 2O0O WilsOnMiller 4. EXCLUDED SERVICES 4.1. The professional services that WilsonMiller will provide under this Proposal/Agreement include, and are limited to, those described above in Section 2.0, SCOPE OF SERVICES. All other services are specifically excluded. 5. FEES The fees for SCOPE OF SERVICES shall be as follows: PARA SERVICE (US 41 North Project) FEE FEE PIN * TYPE AMOUNT 2.1.1 Project Management Services T/M/E $24,000 03036-003-001-GC000 through 2.1.4 2.1.5 Clerical Support Services Fixed $5,600 03036-003-001-GCEO,. 2.2.1 Post-Design Project Assistance T/M/E To Be Determined prior to through construction start-up in FY 2001 2.2.2 2.2.3 Clerical Support During Construction Fixed To Be Determined prior to construction start-up in FY 2001 2.3 Reimbursables T/M/E $500 03036-003-001-RB000 Estimated Fixed Fee $5,600 Estimated Time/Materials/Expenses (T/M/E) Fee $24,500 Total Estimated Fee $30, fO0 ·Project Identification Number HAY 2 3 2rJ00 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #00-3052 FOR PELICAN BAY STREETLIGHTS, SIGN POLES & LUMINARIES TO CONSOLIDATED ELECTRIC DISTRIBUTION, INC. AND APPROVE THE NECESSARY BUDGET AMMENDMENT. OBJECTIVE: To award Bid #00-3052 for Pelican Bay Streetlights, Sign Poles and Luminaries to Consolidated Electrical Distribution, Inc. and approve the necessary budget amendment. CONSIDERATIONS: On March 1, 2000, invitations to bid were sent to thirty-eight (38) vendors with nine (9) vendors requesting bid packages. The Bid opening was held on March 16, 2000 and four (4) bids were received. Staff has reviewed the bids and found the low bidder, Tramco Inc., failed to meet the specifications of the Bid. Therefore, staff recommends the award of bid to Consolidated Electric Distribution, Inc. the lowest, qualified and responsive bidder. Subsequent to the recommendation for award of this Bid the Purchasing Department received a formal protest that the Purchasing Director is responding to. FISCAL IMPACT: The total sum of Bid #00-3052 is $543,414.24. However, staff intends to re-bid the street light pole portion of the Bid, therefore making the total Fiscal Impact $450,775.'68. Funds are not specifically budgeted for Fiscal Year 2000, but are available in Pelican Bay Street Lighting Fund Reserves. The project will be phased in over one or two fiscal years with purchases in the amount of $176,113.28 made in Fiscal Year 2000. Due to cost considerations, purchases in the amount of $176,113.28 will be made in Fiscal Year 2000 from the Pelican Bay Street Lighting Reserves. The balance of the purchases outlined in Bid #00- 3052 will be phased over one or more fiscal years. The vendor will honor the unit prices for a two-year period as outlined in the bid specifications. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #00-3052 for the Pelican Bay Streetlights, Sign Poles and Luminaries to Consolidated Electrical Distribution, Inc and approve the necessary budget amendment. ,J~mes P. Ward .'/Department Director Steve Carnell V Pur APPROVED : Eldward N. Finn, Interim Administrator Public Works Division DATE: NO. ~',~.~~ HAY 2 3 2OOO AGENDA .IT~ MAY ~ 3 EXECUTIVE SUMMARY APPROVE CONTRACT NEGOTIATIONS FOR TASK #1 FOR PROFESSIONAL ENGINEERING SERVICES BY MALCOLM PIRNIE, FOR SOLID WASTE CHARACTERIZATION AND PROGRAM ANALYSIS STUDY, RFP 00-3046 OBJECTIVE: To receive the Board's approval of the negotiated contract for Task #1 for Professional Engineering Services by Malcolm Pirnie, Inc. for the Solid Waste Characterization and Program Analysis Study for RFP #00-3046, which was approved by the Board on 5/2/00, agenda item 16 (B) (29). CONSIDERATIONS: To have the Board approve contract negotiations for Task #1, Evaluation of the use of the Lee County Waste-to-Energy Facility, with the top ranked finns for Professional Engineering Services. Staff negotiations for Task #1 resulted in 46% reduction in cost. Staff began negotiations with Malcolm Pimie, Inc., the number one ranked firm and has successfully completed the scope and cost of the Solid Waste Characterization and Program Analysis Study for Task # 1 as summarized below: Task No. 1 Task No. 2 Task No. 3 Task No. 4 100% Submittal 100% Submittal 100% Submittal 100% Submittal Total Negotiated Amount $ 43,500 $ to be negotiated $ to be negotiated $ to be negotiated $43,500 Results of contract negotiations for Task Nos. 2 through 4 will be presented to the BCC for approval upon completion. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Necessary funds for this task are available and will come from Solid Waste fund reserves. RECOMMENDATION: That the Board of County Commissioners: 1) Approve contract negotiations for Task # 1, Evaluation of the use of the Lee County Waste-to- Energy Facility, pursuant to RFP #00-3046, and 2) Approve necessary budget amendments to reflect the negotiated contract amount. PREPARED BY: ~,-,-~-v-~., ~ L( ...... ~-~ G. George Yilmaz, Ph.D., P.E., P.H., R.EP., Interim Director Solid Waste Management Department REVIEWED BY: ~c:~;h ',c?. Ste~e ~arn~ll, Director Purch~iag~Depa~'?tm~nt ---;~ ......... APPROVED BY: /,,'-4)/;;]~ / E~dwai'd N. Fin~;"intehm Administrator Public Utilitics Division DATE: 5f,/4 t - z ~ c o MAY Z3 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THECONSENT TO USE AGREEMENT BETWEENTHE REGISTRY RESORT AND COLLIER COUNTY FOR A PORTION OF THE WATER MANAGEMENT EASEMENT ADJACENT TO THE HOTEL OBJECTIVE: For approval of the Consent To Use Agreement between the Registry Resort and Collier County for a portion of the Water Management Easement adjacent to the hotel. CONSIDERATIONS: the Registry Resort has submitted a site plan revision for the hotel pool and pool decking which includes an encroachment into an existing water management easement to accommodate the site plan revisions. The encroachments are primarily for pilings related to the decking and a minor encroachment for the pool spa and gazebo. In order to accommodate the hotel's schedule for the construction of this infrastructure and the construction schedule for the renovations currently underway at Clam Pass Park this item has been scheduled for consideration by the Pelican Bay Services Division Advisory Committee on May 23, 2000. Accordingly staff recommends approval of the Consent to Use Agreement subject to review and approval by the Pelican Bay Advisory Committee, County Attorney's Office and Pelican Bay Services Division staff. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Consent To Use Agreement between the Registry Resort and Collier County for a portion of the Water Management Easement adjacent to the hotel subject to review and approval by the Pelican Bay Advisory Committee, County Attorney's Office and Pelican Bay Services Division staff. PREPARED BY: James P. Ward Department Director DATE: No - HA? 2 3 2( 00 CONSENT TO USE EASEMENT AREAS THIS AGREEMENT, made this day of .., 2000, between THE BOARD OF COUNTY COMMISSIONERS' OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as 'County") and The Association of Unit Owners of the Regist~ Hotel at Pelican Bay, Inc. (hereinafter referred to as "Developer'). WHEREAS, County is the holder of certain easements as conveyed by that certain -Drainage Easement granted to Pelican Bay Improvement District, recorded in O.R. Book ., Page , as assigned by that certain Assignment Agreement to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "County Easement"), and; WHEREAS, Developer desires to construct, install, maintain and utilize a swimming pool, deck area, and landscaping within and on a portion of the County's Easement; and WHEREAS, County is willing to consent thereto subject to the following terms, stipulations and conditions: 1) Notwithstanding any provision of the Easement which prohibits such construction and installation and subject to the terms, stipulations and conditions stated herein, consent is hereby given by County to Developer to install, maintain and utilize a swimming pool, with deck area, both above and below the surface of the County's Easement and to allow landscaping within the Easement in the areas described in Composite Exhibit "A" attached hereto and incorporated herein. 2) Developer accepts this 'Consent to Use Easement Areas~ with full knowledge of County's prior dghts and existing facilities. This consent shall not be construed to reduce or diminish County's prior rights in any way. Developer hereby agrees to indemnify, save, defend and hold harmless County (including, without limitation, County's officers, employees, agent, nominees and residents) from and against any and all losses, damages (including without limitation, any and all consequential damages), costs, charges. expenses, claims, demands, causes of action, accounts, sums of money, reckonings, bounds, bills, covenants, controversies, agreements, promises, variances, trespasses, executions and liabilities (including reasonable attorney's fees and costs at all levels and/or negotiations) whatsoever, at law or in equity, whether in tort, in contract or otherwise wl~ich may be asserted or recovered against County (including, without limitation, County's officers, employees, agents, nominees and residents) whether asserted by suit, proceeding. defenses, counterclaims, setoffs, or otherwise, resulting from Developer, its successors or assigns, (including without limitation. any and all of its invitees, licensees, franchisees, guest' employees, agents and nominees) use, enjoyment and occup; Easement pursuant to this Agreement. The foregoing indemnif ~=;~)ATAtW~D^TA~JTIGAT~GISTRY~CONSENT.ESM =aeon- ano ~002 All of tl~ terms Ind pmvisi~ of this agreement ~all I~i Wing upon and shaft inure to the benefit of the fieifs, successors and asligne of the padies hereto. IN WITNESS WHERE., lfie pa,'ties hereto. if individual. Mve exer, utad by mair proper ofl~s) duly a~~ to s~cll red. .WITNESSES: ~ ASSOCIATION OF UNIT OWNERS OF TH~ REGISTRY HOTEL AT PELIGAN ATTE~I': BOARD OF: COUN'i'~ COMMISSIONERS OF COLUER COUNTY, FLOR!I3A. Approved as to Tom'~ and legal m.dfcdenW STATE OF couNTY AsSocM~n ~ Untl Owners of .~a RegiWy Hc~ al Per/can Bay. In~ on behetf of the I HEREBY CERTIFY that an Ibis day M(oM me. an ~lGer duly a~ in the and ~ ~ m m~ ~~ ~~ a~ ~ J. WITNESa my hand and dttcial Malin IM Counly eld Slale last afgmaaid this clay of ........ ,2000. Tyiwd NalTle:. ' My GOml~ 8X~ : 5efl~ oy: ~UUUL=iI~,COLEMAN~gJOHNSCN,PA 941 435 1218; 05/16/2000 16:43; ~202; Page 6/15 WilsOnMi/ler Legal Description of part of Parcel "D", Pelican Bay Unit One, (PB. 12, pages 4'7-52) Collier Coun .ty, Florida (P.B.I.D. Easement #t on the Registry Hotel Site) All that pan of Parcel "D". Pelican Bay Unit One. according to the plat thereof a~ recorded in Plat Book 12. pages 47-52, Public Records of Collier County, Florida being more particularly described as follows: Commencing at the southwe.it comer of the southeast 1/4 of Section 9. Township 49 South. Range 25 East. Collier County, Florida; thence along the south line of said Section 9. South 89°30'59" West 646.25 feet: thence leaving said' line North 00°29'01" West 50.00 feet: thence North 89"30'59" East 145.00 feet: thence Nonh 00°29'01"West 60.00 feet: thence 68.89 feet: thence 154.55 f~t; thence 187.09 f~t; 6.87 feet to the POINT OF BEGINNING of the parcel herein North 73°00'00" West North 59000'00- West South 89':30'59" West thence North 53°00'00" West de. scribed; thence southwesterly. westerly and northwesterly 38.23 feet along the arc ors circular curve concave to the north having --, radius of 111.25 feet through a central an~le of 120°02' 14" and being subtended by a chord which bears North 85'2Y30:' West 31.62 feet to a point of curvature: thence northwesterly 6.12 tL.'ct along the arc of a circular curve concave to the north having a radius of 35.00 feet through a central angie of 10°00'56" and bcing subtended by a chord which bears North 69°54'0Y® West 6.11 feet; thence South 25°06'25" West 8.00 feet: thence northwesterly 10.02 feet along the arc of a circular curve concave to th~ northeast having a radius of 43,00 feet through a central angie of 13°21'~0" and being subtended by a chord which bears North 58°I 3'00" West 10.00 feet to a point of compound curvature; thence northwesterly 59.10 feet along the arc of a circular curve concave to the northeast having a radius of 73.00 feet through a central angle of46~22'57" and being subtended by a chord which bears North 28020'57" West 57.50 feet: thence North 71058'55" West 25. ! I feet; thence North 18°01 '05" East 2-1. ! 1 feet: thence North 26°58'55" West 2.16 fcet; thence North 15"25'50" Ea.,~t 1!.87 feet; thence South 71"58'55" East 14.49 feet; ~e~lL uy. uuuuL~uLmMAN,&..IOHNSON:PA 941 435 1218; 05/1§/2000 16:47; 8202; Rage 7/15 Legal Description of part of Parcel "D", Pelican Bay Unit One... (P.B. 12, Pages 47-52) Collier County, Florida (P.B.1.D. Eascmcnt #I on Regismy Hotel Site) Continued: thence South 32°00'00" East 69.82 feet; thence South 53000'00" East 23.93 feet; thence South 37°11 '32" West 9.77 feet; thence South 53000'00" East 18.00 feet; thence North 36"48'28" East 9.77 feet; thence North 53000'00" East 9.27 feet to the POINT OF BEGINNING. Containing 2.864 square l~'ct more or less. Subject to easements and restrictions of record. Bearings are based on-the south lihe of Section 9. T-49-S. R-25-E. Being South 89o30'59" West WILSONMILLER, INC. Marcds L. Barman. Professional Surveyor & Mapper Florida Reb4stmfion No. 5086 Not valid unless embossed with the Professional's seal. W.O.: REIL.' DATE: NO249-007-002-GCRHD I L-292, SHEEl' I OF 4 M~y 03, 2000 AGENDA.ITEM _ .......... ~ate 2 of 2 941 4~5 1218; 0571612000 16:48; 8202; Page 8715 liFds Miller Legal Description of part of Parcel "D", Pelican Bay Unit One, (P.B. 12, pages 47-52) Collie County, Florida (P.R.I.D. Easement #2 on the Registry Hotel Site) All That pan of Parcel "D", Pelican Bay Unit One, according to the plat thereof as reconK-d in Plat Book 12. pages 47-52. Public Records of Collier County. Florida being more particularly described as follows: Commencing at the southwest comer of the southeast ~A of S~tion 9, Township 49 South. Range 25 East. Collier Count)'. Florida: d~ence alon~t the south line of said Section 9. South 89°30'59*' West 646.25 feet: thence leaving said line North 00°29'01" West 50.00 feet: thence North 89°30'59" Fa~t 145.00 feet: thence North 00°29'01"Wcs! 60.00 feet; thcncc North 73000'00" thence NorTh 59°00'00" thence Soud~ 89030'59" thence North 53000'00" lhence South 36°4~'28:' thence Noah 53°00'00" thence Norll~ 37° I 1 '3? thence South $3°00'00" West 68.89 feet; West 154.55 feet: West 187.09 feet: West 16.14 feet to the POINT OF BEGINNING of lhe parcel herein described: West 9.77 feet: West i 8.00 feet, East 9.77 feet: East 17.93 feet to the POINT OF BEGINNING of the parcel herein de<ribed. Containing 175 square feet more or less. Subject to casemeaLs and restrictions of record. Bearings ate based on the sough line of Section 9, T-49-5. R-25-E. Peing South 89°30'59" West WILSONMILI. ER. INC. ..~/~,'/~ ,,r4,~'~,.z -~-."~z..;-- .__ Marcu~ L. Perman, Pro~Z~sion~-i Surveyor & Mapper' Florida Registrazian No 5086 Not valid unless embossed with tbc Pmfessional's seal. W.O.: REF.: DATE.: NO249-OO7.002..GCRHI3 1L-29Z SHEET 2 OF 4 May 03, 2000 ~TO ~,;aL, y La~.. ~4al~ ,~O Naptes. F;o~ 341~4~O? 9,11-8,tg-4040 ~ 94 ~ -842- 5 7 tfi .::; No,- Pg;-- q _ ~enL uy. uu~u~=,~=,~U~CM~m~,r.,auMNauw,~ U~ 4~b 1~1~; U=I;~12000 16:55; #202; Page 11/15 W'dsanMiller · Legal Description of pan of Parcel "D", Pelican Bay Unit One, (P.B. 12. pages 47-52) Collier County, Florida (P.B.I.D. Easement #3 on the Registry Hotel Site) All that part of' Parcel "D". Pelican Bay Unit One. according to thc plat thereof as recorded in Plat Book 12, pages 47-52, Public Records of Collier Count,.,, Florida being more particularly described as f'ollo,*-s: Commencing at the southwest comer of the southeast % of Section 9, Township 49 South, Range 25 East. Collier Count,. Florida; thence along the south line of said Section 9, South 89°30'~9" West 646.25 feet: thence leaving said line North 00°29'0l" West 50.00 feel: thence North 89030'59- East i 45.00 feet: thence North O0°29'01"West 60.00 feet: thence North 73000'00" West 68.89 t'eet: thence North 59°00'00" thence South 89030'59" thence North 53°00:00" thence South 32°00'00" thence North 71 '~58'55" thence South 15°25' 15" thence North 26058'55" thence North 18°0 ! '05" thence South 32000'00" West 154.55 feet: West i 87.09 feet: West 58.00 feet: West 69.82 feet to the POINT OF BEGINNING of the parcel herein described. West 14.49 feet: West I 1.87 feet: West 14.90 feet: East 21.86 feet; East 3 !.96 feet to the POINT OF BEGINNING of the parcel herein described. Containing 3 i 8 ~uare feet more or less. Subject to easements and restrictions of record. Bearings are based on the south linc of Section 9, T.4g-s. R-25-E. Bcing South 89030'59" Wc~t WILSONMILLER. INC. Marcus L. 13crman, [.~ofessional Surveyor &: Mapper Florida Regjs~ratio, N¢. 5086 Not valid unless embossed with the Pro£cssionai's seal. w.o.: N0249-007-002-GCRIiD REF.: IL-292, SHEET 3 OF 4 DATE: May 03, 2000 AGEND. A i[EN! N ~ 1,. I" - J,O' !lWI!! · MillIll --'"--'" Ir "* BOCA RESORTS, INC. WilSAIIMIIMr I" ~ ~ ~ ~ ~ ~,~ ,,~ AGENDA ITEM #202; Page 13/15 Wiis Miller L~al Description of pan of Parcel "D", Pelican Bay Unit One, (P.B. 12, pages 47-52) Collier County, Florida (P.B.I.D. Easement//.4 on the Registry Hotel Site) All that part of Parcel "D", Pelican Bay Unit One, according to the plat thctcofas recorded in' Plat Book 12, pages 47-52, Public Records of Collier County. Florida being more p',u'ticularty! described as follows; Commencing at the southwest comer ofthe southeast ~A of Section 9. Township 49 South, Range 25 East, Collier County. Florida: along the soud~ line of said Section 9. South 89030'59" West 646.25 feet: leaving said line North 00°29'01" West 50.00 feet: North 89°30'50" East 145.00 feet; O0.'29'01"West 60.00 feet: 73"00'00' West 68.89 feet; th~'lce thence thence thence North thence North thence Norfix thence South thcncc North thence North thence North thence N or,.h described. 59°00'00" West 89.'30'59" West 53°00'00" West 32.'00'00" West 04.'00'00" West 66.'00'00" West 154.55 fcct; ! 87.09 fc~t; 58.00 feet: 103.00 feet; 170,09 feet; 2.24 feet to the POINT OF BEGINNING to the parcel herein thence northeasterly 5.31 feet along the arc of a non-tangential circular curve concave to the southeast having a radius of 25.00 feet through a central angle of 12.'09'40" and being subtended by a chord which bears North 18"16'39" East 5.30 feet to a point of reverse curvature: thence northeasterly, northerly and northwesterly 13.26 fcct along the arc of a circular cu~c concave to the wcst having a radius of 10.00 fcct through a central angle of 75°59'20' and being su, btcndcd by a chord which bears North 13°38' 1 i" West 12.31 feet; thence North 51.'37'51" West 1.I 1 feet; thence northcasterly 836 fc~t along the arc of a non-tangential circular curve concave to the southeast having a radius of 53.00 fcct through a central angle of09°02'30" and being subtended by a chord which bcars North 42053'24" East 8.35 feet; thcnce North 42" 13'46" West 10.33 fern; thence northeasterly, eastcrly and southeasterly 81.73 fact along the arc of a non-tangm circular curve concave to the east having a radius of 63.33 fcct through a central angle 73'~56'!7" and being subtended by a chord which bears North 84°26'18" East 76.17 re. IlmltiW Part IttF~ ~ Badny t.~ne. $u~ ~ ~ ,tim ,o WilsOnMiller Legal Description of part of Parcel "D", Pelican Bay umt One, (P.B. 12, Pallcs 47-52) Collier County,. Florida (P.B.LD. Easement g4 on Registry Hotel Site) Continued: thence South 40°00'00"' West 13.71 feet; thence South 66°00'00" W~t 69.66 feet to the POINT OF BEGINNING to the parcel herein described. Containing 1,995 square lbet more or less. Subject to cas~rncnts and restrictions off record. Bearings are based on the south line of'Section 9, T-49-S, R-25-E, Being South 89030'59" West WILSONMILLER, INC. Mard~s-L. Bem-,m;. Professional Surve.vor & Mapper Florida Registration No. 5086 Not valid unless embossed with the Professional's seal. W.O.: REF.: DATE: NO249-007-O02-GCRJ,ID i L-292, SHEET 4 OF 4 May 03, 2000 parc 2 AGENDA ITEM, -- I H* P.B.I.D. EASEMEN? SHEET 4 OF 4 IJ WOO' 5300' ,~.J JJ' C~VE ./ *** NOT A SURVEY m,,,,i/wi · m~f~ ...... i~ " 80C,~ RESORTS, We. ~*~*~.~*~*~~ ~ ~t ~ 12. ~ e~-~2. C~ C~I~ ~ EXECUTIVE SUMMARY ?ROVE CONTRACT # 99-2947 "IMPLEMENTATION OF A MASTER PLAN FOR THE NORTH NAPLES REGIONAL PARK" Objective: To receive Board's approval of the negotiated contract to provide Surveying, Environmental, Architectural, Engineering, and Landscape Architectural services for North Naples Regional Park. Consideration: On January 11, 2000 the Board authorized staff to begin contract negotiations with the top ranked firm for design and landscape architectural services for the North Naples Regional Park Master Plan. Staff has completed the contract negotiations, the scope of services, and cost of services as summarized below: 1. Boundary & Topographic Survey $ 22,570.00 l(a) Jurisdictional Line Survey * $ 11,000.00 · Jurisdictional line in excess of 11,000 1.f. will result in additional compensation at a rate of $1.00/1.f. 2. Data Collection/Architectural Programming: $ 43,000.00 3. Environmental: $ 97,040.00 4. Master Planning: $108,520.00 5. Design Development: $223,160.00 6. Construction Documents: $457,190.00 7. Bidding: $ 6,175.00 8. Construction Administration: $211,535.00 Total for Task 1 through 8: $1,180,190.00 Reimbursable expenses not to exceed: $15,000.00 Total compensation shall not exceed: $1,195,190.00 Negotiations between the design firm and the Purchasing and Parks and Recreation Departments resulted in savings of over $200,000 from the originally submitted proposal. The final agreement represents design and construction management fees which are extremely competitive. Growth Management: Plan. The North Naples Regional Park will be inventoried in the Growth Management Fiscal Impact: A budget amendment will transfer funds from Park Impact Fee reserves in the amount of $662,328 to Park Impact Fees, Parks Capital Projects. $532,862 is currently budgeted in this fund and cost center. Recommendation: That the Board of County Commissioners: .Lth, Approve the contract amount and authorize the Chairman to sign the standard County Professional Services \greement. Approve the necessary budget amendment. AGENDA ITEM No.. ~(~ 2 3 .ooo rrepared by: 1~ Fitzel~, OperabonstMana~er DelSartment of Parks and Recreation Reviewed and c~~ ,~_~.~ Approved by: Marla Ramsey, Director ! Department of Parks and Recreation Approved by: S eve Camell, Director Department of Purchasing Reviewed and ~pdu~ ~ ~~ Approved by: i~v°i~.'oCnhS{} Date:. Date: Date: Date: AG E'NDA.. iTEM NAY 2 3 ~000 EXECUTIVE SUMMARY AUTHORIZE THE COLLIER COUNTY SCHOOL BOARD TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM. Objective: That the Board of County Commissioners authorize the Collier County School Board to provide prepared food for the Summer Food Service Grant program beginning July 2, 2000 and continue until August 4, 2000. Consideration: The Collier County School Board has successfully provided meals to the Parks and Recreation Deparhnent since the inception of the Summer Food Grant program sixteen (16) years ago. Once again the Collier County School Board has agreed to provide meals that meet or exceed State requirements at a competitive cost of $1.90 per lunch and $1.25 per breakfast. The School Board also agrees to sell additional food and related items, used by the County when the schools are not in session, at a rate of cost plus one percent (1%) per case. Food and related items include milk, cereal, fruit juice, sport packs, 5oz. cups, and 3oz fruit cups. The County will pay for the initial funding of the meals, but will receive 100% reimbursement from the State grant funds. The summer food service program ensures that children will receive the same high quality meals during the summer as provided during the school year. The grant offers free meals to children eighteen (18) years and under in areas that qualify under the National School Lunch and School Breakfast Program. Immokalee is one hundred percent eligible for the Summer Food Service; the Naples area varies based on census tract income levels. Growth Management: None Fiscal Impact: The program is budgeted under the FY99 Food Grant Fund in the amount of $466,600. The State will reimburse the County for 100% of expenses. Recommendation: Staff recommends that the Board authorize the Chairman to sign the agreement. The agreement has been reviewed and approved by the County Attorney. Prepared by: _~?~2~-7.~ )~_~~ ~-z~ //James R. Thomas, Athletic Supervisor ' Department of Parks and Recreation Reviewed and Approved by: Reviewed and Approved by: Reviewed and Approved by: . ~}l~es Fitzel~, 6perations6[vlanager Department of Parks and Recreation MarJ/, Ramsey, Department of Parks and Recreation Leo Ochs, AdministratOr Division of Public ~vices Date: Date: / A,13~N DA '!TE,~,* '" i COLLIER COUNTY PARKS AND RECREATION DEPARTMENT MEMORANDUM OF AGREEMENT SUMMER FOOD SERVICE PROGRAM The District School Board of Collier County (Schools), whose address is 3710 Estey Avenue, Naples, Florida 34104, agrees to furnish approximately 4,750 meals per day to the Coltier County Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116. Meals will be prepared and be available for pick up by the Sponsor at Barron Collier High School, Immokalee High School and Lake Trafford Elementary School in accordance with a mutually agreed schedule. The estimates for meals are: 4,000 lunches per day at $1.90 per lunch. 750 breakfasts per day at $1.25 per breakfast. Each meal is to meet the specifications as set forth by the USDA Summer Food Program Regulations, 7CFR Part 225, as provided to the District School Board. Service is to begin on July 3, 2000 and continue until August 4, 2000, unless the program is terminated earlier by either party. Additional foods may be sold to the Sponsor between June 6, 2000 and August 18, 2000 at the Schools' cost plus one per cent (1%) per case. The Sponsor agrees to request monthly cash advances from the Department of Education. The price of meals on this contract includes the full value of any USDA donated commodities and all federal and state meal reimbursement. The Schools shall prepare an invoice for all meals received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Schools upon verification of the invoice and within 30 days. The Schools shall hold the Sponsor harmless for safe food handling up to the time of receipt by the Sponsor. The Sponsor shall hold the Schools harmless for safe food handling subsequent to receipt of the meals. IN WITNESS WHEREOF: The parties hereto have caused this agreement to be executed by their duly authorized officers. A TTES T: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY BY Timothy J. Constantine, Chairman THE DISTRICT SCHOOl. BOARD of COLI.IER COUNTY Witness for School Board Witness for School Board BY Barbara J. Church, Chair Approved as to form and legal sufficiency: EXECUTIVE SUMMARY AWARD OF BID #00-3082 TO G.A. FOODS TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM WHILE SUMMER SCHOOL IS NOT IN SESSION. Objective: That the Board of County Commissioners authorize G.A. Foods to provide prepared food for the Summer Food Service Grant Program beginning June 12, 2000 to June 30, 2000 and from August 7, 2000 to August 18, 2000. Consideration: In accordance with Federal Regulations, only food management companies approved by the State of Florida or local School Boards are eligible to produce meals for the Summer Food Service Program. The Collier County School Board has provided hot meals during the Summer School session to the Parks and Recreation Department for the past sixteen (16) years and will continue to do so this year. G.A. Foods, a State approved food management company, has agreed to provide cold lunches during the time period the Collier County schools will be closed, June 12, 2000 to June 30, 2000 and from August 7, 2000 to August 18, 2000. On April 28, 2000, Bid #00-3082 was publicly advertised and notices were sent to the 24 food management companies which were approved for this program by the State of Florida. Bids were opened on May 10, 2000. with one approved vendor, G.A. Foods, responding with a cost per lunch of $1.82. Subsequently, staff has clarified certain nutritional requirements for this program which resulted in G. A. Foods offering a lower cost of $1.74 per delivered lunch, as per the attached letter. The County will pay for the initial funding of the meals, but will receive 100% reimbursement from the Summer Food Service Grant funds. Growth Management: None Fiscal Impact: The program is budgeted under the FY99 Food Grant Fund in the amount of $466,600. The State will reimburse the County for 100% of expenses. Recommendation: That the Board award Bid #00-3082 To G. A. Foods. /Jamis R. ~homas,"'Athletic S'upervisor JDepartment of Parks and Recreation Date ~///2~/t:~ Reviewed and ~~ ~~ Approved by: ' M~lrl~ R~r~ey(, I~r~ctor / Department of Parks and Wecreation Date · Reviewed and Approved by: J~t'~ ('~, ~-~2 Date ~ S~-ep~r~ C~n'ell, ]qirector - ~ Purchasing Department Reviewed and Approved by: Leo~chsJr, Adm]mst or Public Servi~?s ~~~ 'AGEJ~DA ITEM No, ~t~ C.~, , , Pt,A.Y 2 3 tQO0 FRPM o FOOD SERUICE FOOD SERVICE, INC. i2200 32nd C't. N. $1. Pezer~b~, FL 33715 f8139573-2211 PHONE NO. : 72? 5?2 8289 May 11,2000 Mr. Jim Thomas Co!lbr County Parks & Recreation Golden Gate City pa_rk 3300 ganta Barbara Blvd. Naples, Florida 341 i6 RE: Summer Lunch 2000 Dear Jim, As per our conversation of today, please be advised that if you can adjust your specification for the fruit cups from 4 oz to the 3 oz that we have served your program in the past, we can lower your bid price from the 1.82 bid to 1.74 per meal. This adjustment in the meal price is also predicated on our agreement to deliver all your summer needs in two track loads. Thank-you for your support and we look forward to the opportunity to serve your program again this year. Regards. Kcn LoBNnco EXECUTIVE SUMMARY PROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES TO COLLABORATE ON OBTAINING A FLORIDA COMMUNITIES TRUST GRANT. Objective: That the Board of County Commissioners approve an Interlocal Agreement to collaborate on an application for a grant. Consideration: The City of Naples is applying for a grant from the Florida Communities Trust in order to help defray the cost of the purchase of the Fleischmann Property. The County will collaborate and support the City in its effort to obtain the Florida Communities Trust Grant. This will provide a synergistic benefit in the grant application process. The joint application will increase available funding from $2.2 million to $4.4 million. The City Staff has agreed that in exchange for the County's support on this grant application, the City will not request capital improvement funds for Cambier Park bandshell or the Pulling Property Canoe Launch. Growth Management: None. Fiscal Impact: None Recommendation: Staff recommends that the Board of County Commissioners authorize the Board -'~'qirman to sign the final. County Attorney approved, Interlocal Agreement as negotiated by staff once :uted by the City of Naples. Prepared by:/.,~ .~.'/.).It;.' ,,x- 5 .'~ . .. ' ~. Date: Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and "~ ' - ' .:..' ,_/~' "' Z. ) Approved by: ,, ,,. _- , : ,,,~, , Marla Ramsey, Director ,/ Department of Parks and Recreation Reviewed and Approved by: Leo Ochs Adminikt ht ~ D~v]s]on of Pubhc S/~ices Date: Date: INTERLOCAL GOVERNMENTAL AGREEMENT This agreement is made and entered into this day of ,2000 by and between the City of Naples, Florida, a municipal corporation ("City"), and Collier County, a political subdivision of the State of Florida ("County") pursuant to the authority set forth in Chapter 163.0'i, Florida Interlocal Cooperation Act of 1969, Florida Statutes. RECITALS: Ao On February 1, 2000, the City of Naples electorate voted to issue a $9 million bond to purchase the Fleischmann Property whose legal description is as follows: Blocks 36, 37, and 38, Tier 10 together with vacated 15 th Avenue North and 16 TM Avenue North and the vacated east-west alleys in Blocks 37 and 38, Plan of Naples, as recorded in Plat Book 1, Page 8 of the Public Records of Collier County, Florida, less the west 20 feet of said blocks 36, 37, and 38 as recorded in Official Records Book 211, page 595, of the Public Records of Collier County, Florida, for the right-of- way of U.S. 41, and less the northerly portion of Block 38 as show in the relocation of Seventeenth Avenue Nodh as recorded in Plat Book 4, Page 49, of the Public Records of Collier County, Florida, and also less that property described in Official Records Book 210, Pages 546 and 547, inclusive of the Public Records of Collier County, Florida. It is the intention of the City to apply for and accept, if awarded, a grant from the Florida Communities Trust in order to help defray the cost of the purchase of the Fleischmann Property. It is the intention of the County to collaborate and support the City in its effort to obtain the Florida Communities Trust Grant in order to acquire the subject property and provide the synergistic benefits of its preservation and use by the citizens of both the City and the County. NOW THEREFORE, in consideration of the public benefits to be realized from this Interlocal Governmental Agreement the City and the County hereby agree to the following: It is understood and agreed to by the County and the City that the parties shall submit a joint City/County Florida Communities Trust Grant application for the Fleischmann Property in the amount of $4 million. It is understood and agreed by the County and the City that all residents of Collier County shall have equal access to the subject property and shall be subject to the same rules of use and operation of the facility. Both parties acknowledge that the City shall be solely responsible for the processing of the Florida Communities Trust Grant application and the execution of its terms and the City accepts this responsibility. AGENDA ITEM Both parties understand and acknowledge that the sole )wn~,~hiF =~d t!t!_~ of the subject property shall be in the name of the City. Both parties acknowledge that the City shall be solely responsible for the planning, construction and maintenance of all improvements to the subject property and the City accepts this responsibility. Both parties acknowledge that the City shall be solely responsible for the administration, programming, scheduling and supervision of all events and activities conducted on the subject property and the City accepts this responsibility. During the effective term of this agreement, neither the City of Naples, nor any person or entity on behalf of the City of Naples (including any department, agency or sub-part thereof) shall request that Collier County contribute any money or any other tangible or intangible consideration toward the Fleischmann property, the Cambier Park band shell or the Pulling Property Canoe Launch. It shall be the sole responsibility of the City to provide the necessary funding for the ongoing management, maintenance, operation, and physical improvement of the subject property. This agreement shall become effective upon the signatures of both parties to the agreement as recorded above and shall have an indefinite duration until agreed to otherwise by both parties. ATTEST: Dwight Brock, Clerk Board of Commissioners Collier County, Florida By:, Timothy J. Constantine, Chairman Approved as to form and legal sufficiency: David C. Weigel, County At¢_.efney ATTEST: CITY OF NAPLES, FLORIDA Tara A. Norman, City Clerk By:. Bonnie R. MacKenzie, Mayor Approved as to form and legal sufficiency: Beverly Grady, City Attorney Planshare on 'City Hall' (L:)\Fleischmann City-County Interlocal Agreernent.doc 2 No.- MAY 2 3 2000 J EXECUTIVE SUMMARY AUTHORIZATION TO TRANSFER TEMPORARY PART-TIME POSITION TO PERMANENT PART-TIME STATUS. OBJECTIVE: To obtain the Board of County Commissioners authorization to add a permanent part-time position to the Extension Service personnel roster. CONSIDERATIONS: The affordable home ownership program has grown from an original goal of forty new homeowners per year to an average of eighty and last year ninety-two. The Outreach Coordinator position is a key to this success. The program has received both state and national recognition as a model program. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize the position status change from temporary to permanent part-time. Prepared ",penise L. Bl~ntoff, Diy'~ctor Date: 5/12/00 Reviewed and ~--~, /~/Q~ Approved By: ~:('<~ '~.//d'/~-~'~ ~ ,,~.~'?} ..............~Date: Leo Ochs, Public Serwces Administrator EXECUTIVE SUMMARY APPROVE AN APPLICATION TO THE FLORIDA DEPARTMENT OF STATE REQUESTING HISTORIC PRESERVATION GRANT FUNDS TO ASSIST WITH THE RESTORATION OF THE ROBERTS' RANCH IN IMMOKALEE. OBJECTIVE: That the Board of County Commissioners approve a grant application by the Collier County Museum to the Florida Department of State requesting a Special Category Historic Preservation Grant in the amount of $250,000 to assist with funding the preservation and restoration of the Roberts' Ranch in Immokalee. CONSIDERATION: On May 11, 1999 the Board approved the purchase of an additional 8.8 acres of property (Tract D) and all existing historic structures from the trustees of the Roberts' Family Trust for $600,000. This action paves the way for preserving a significant historic resource and keeps the site's features intact as a museum for the benefit of Collier County's citizens and the entire state of Florida. As previously reported to the Board, extensive restoration and rehabilitation will be necessary to stabilize, restore and upgrade the various ranch structures for public use and to safely display its extensive artifact collections. The Museum is requesting the Board's approval to proceed with an application to the Florida Department of State for a Special Category Historic Preservation Grant to assist with funding 50 percent or more of the project's estimated $2 million cost. Staff is preparing the application and supporting documentation with the assistance of Barany, Schmitt, Summers, Weaver & Partners, an architectural engineering firm, for submission by the May 30, 2000 deadline. The next grant cycle will not begin until April 1, 2001. If successful, state awarded grant funds would become available after February, 2001. Actual contracts and agreements would be sent for the Board's review at that time as separate documents and will require final consideration and approval by the Board. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve application to the Florida Department of State requesting a Special Category Historic Preservation Grant to assist with the restoration of the Roberts' Ranch in Immokalee, and authorize the Chairman to sign the certification page of the application when presented, pending review by the County Attorney's Office. Prepared by: ~~,-,.,.-,,o R-~, Museum Director Reviewed by: ~~_ Le Public Services Adm'~frator Date: Date 200O HISTORICAL RESOURCES G~S-IN-AID APPLICATION 1) PROJECT TITLE: Roberts Ranch 2) APPLICA~NT: Collier Countv Government, Collier County Public Services Division 3) AMOUNT REQUESTED: $ 250~000 MATCH/LOCAL COST SHARE AMOUNT $667,948 4) PROJECT TYPE (CHECK ONE PLEASE) x SPECIAL CATEGORY; ACQUISITION & DEVELOPMENT; SURVEY & PLANNING; MAIN STREET; __NON-MATCHING; ~MUSEUM GENERAL OPERATING SUPPORT; COMMUNITY EDUCATION; Ct MUSEUM EXHIBIT: MARKI 5) TYPE OF APPLICANT: NON.PROFIT ORGANIZATION; ._~_x GOVERNMENTAL AGENCY; ~ FOR.PROFIT ORGANIZATION 6) In the space provided below, briefly describe the project and the property or properties for which funding is requested: do not attach additional sheets. The project will establish the stabilization and rehabilitation of 14 buildings and 6 site features original to Roberts Ranch (1914- 1980) for use as a living history museum located on 15.2 acres in Immokalee, FL. Plans are to stabilize and rehabilitate the site as quickly as possible to preserve the rapidly-deteriorating buildings and have the museum open to the public by 2005. The architectu fkm ofBarany, SchmitL Summers and Weaver has been chosen to prepare site plans, master plan, design and construction documet for the rehabilitation of the buildings and features. Phase txvo will be the selection of a contractor for the rehabilitation work. The third and final phase will be the construction work necessary to complete the plan described in the construction documents. All phases will be overseen by Collier County Museum professionals experienced in historic preservation projects. The implementation of the Master Plan includes stabilizing, restoring or repairing structures, recommendations for further historical research, and recommendations for archaeological investigation of the site. Upon completion of the final phase, the buildings and site features will be restored to their respective periods. The Ranch and its grounds will be used as a living history museum. All work will be consistent with the Secretary of Interlot's Standards for Rehabilitation and guidelines for Rehabilitating Historic Buildings. Roberts Ranch is one of Collier County's premier historical resources and one of Florida's best and last examples of an authen tum-of-the-centu~' cattle ranch, grove and pioneer homestead. The buildings and features have survived remarkably intact and are ideally suited to restoration and re-use as a living history museum. The physical relationships among and between the buildings ant site features give clues to everyday life and work on the Ranch. The pioneer settlement of southwest Florida is inextricably linked t the econormes of cattle ranching and farming. This somewhat difficult terrain was seen by the early twentieth century settlers as a new frontier on which to raise free-ranging cattle and develop arable land for vegetable and citrus farming. These industries remair crucial to the economy of Florida today. As a member of the Collier County system of museums, Roberts Ranch will play a crucial role in representing all facets of the County's history (see Exhibit 1). It is owned by Collier County Government and maintained by Collier County Facilities and the Collier County Museum. Museum staff and department resources will be available throughout the project. The museum will be staffed and operated by the County Museum with volunteer assistance from the Friends of the Museums, the local citizens support organization. Museum staff is currently working on a proposal to place the Ranch on the National Register of Historic Places. 7) Provide a 3x5 photograph of the principal view of the property. ~Flqrida Department Of State NAY 2 3 2000 P~ .~ Exhibit 1 The Collier County Museum System Collier County is the largest county in land mass east of the Mississippi River. The County Government has established a system of museums with sites located in Naples, Everglades City and Immokalee, forming a triangle of cultural institutions located about 40 miles apart. The Naples museum was established in 1977 to serve as the central repository for the history of the County. The museum is located on 5 acres, with two exhibition galleries, lecture hall, research library, two historic homes and a native plant garden. Permanent and changing exhibitions focus on both county and state history. The Museum of the Everglades, which opened in 1998, is housed in a restored commercial laundry building built in 1927. Everglades City was the original county seat from 1923 until it was moved to Naples in 1962. The Everglades museum focuses "old Florida" history and the county's beginnings. Roberts Ranch, a ranching and farming community located inland in Immokalee, will be the third museum in the system. To be established as a living Iristory museum, the focus ~vill be on the pioneer settlements in this area and on the important economies of agriculture and animal husbandry. Events such as the Old Florida Festival in Naples and the Roundup at Roberts Ranch bring thousands of visitors to the sites to learn about history of Florida and the county tb. rough historic re-enactments and traditional crafts. Educational programs with local and regional schools bring thousands of students to Naples and Everglades City. Lectures, special exhibitions, art shows featuring Florida artists, native plant sales, and the Black Cultural Arts festival are ongoing events at the two sites. HISTORICAL RESOURCES GF~NTS-IN-A[D APPLICATION 8) PROJ£CT INFOkMATION: STREET ADDRESS: Roberts Avenue and SR 29 PAGE 2 Immokalee, FL 34142 COUNTY WHERE PROJECT IS LOCATED: COMMUNITY POPULATION 19,342 Collier COUNTY POPULATION 198,093 9) APPLICANT INFORMATION: ORGANIZATION NAME: Collier County Government, Collier County Museum, Collier County Public Services Division ADDRESS: 3301 Tamiami Trail East CITY: Naples STATE: FL APPLICANT'S FEDEIC&L EMPLOYER IDENTIFICATION NO: 59- 6000558 SAMAS NO.: (STATE AGENCIES ONLY) CONTACT PERSON: Ron Jamro ZIP 34112 00100000 DAYTIM E TELEPHONE NO: ( 941) 774-8476 EXT. FAX NUMBER:.(941)-774-8580 10) State }louse Of Representatives District Number And Name Of Representative For Project Location. DISTRICT NUMBER(S): 7'7, REPRESENTATIVE: Joe Swan State Senate District Number And State Senator For The Project Location: DISTRICT NUMBER(S): 29 SENATOR: Steven Geller Congressional District Number And Name Of U.S. Congressional Representative For The Project Location DISTRICT NUMBER(S):. 14 CONGRESSMAN: Porter Goss 11) APPLICANT'S GRANT HISTORY: Has the applicant received previous grant assistance from the Department of State? If yes, speci': the year, the project name, the Division which awarded the grant and the amount of the award. YEAR DIVISION PROJECT NAME AWA! 1985 Arc,hivcs~ History & Records Management Historical Site Survey, Collier County $3,500 1996 Department of State, Historic Resources Museum of the Everglades $360,902 2000 Department of State, Historic Resources Roberts Ranch $20,000 12) INDICATE EACH TYPE OF HISTORICAL DESIGNATION CURRENTLY HELD BY THE PROJECT SITE: __ Individual National Register Listing; National Register District - Contributing Site; x Individual Loca! Designation; __ Local District Designation - Contributing Site; __ None Of The Above 13) INDICATE TIlE LEVEL(S) OF I,OCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA: Local Ordinance __ Local Ordinance Design Review Covenant __ .Maintenance Agreement __ Other: (Specify) Preservation Or Conservation Easement x Protee 14) Provide a brief explanation of immediate threats to the site or area such as proposed demolition, extensive structural damage, on-going sit~ disturbance for archaeological sites, planned re-zoning, etc. Roberts' Ranch recently survived the threat of modern development due to the Roberts heirs' stewardship and the generosity of th family and Collier County. The family's donation of 6.4 acres in 1996 (lxact E) and the County's purchase of 8.8 acres in 1999 D) have made the land available as a museum. Threats to the buildings include insect and animal damage, leaks and wood rot due roof failure, structural loss due to failed or non-existent concrete footings, overgrowth of vegetation on buildings and features, mo incursions in the main house and on its contents, and the presence of flammable materials. Vandalism played a part in some of th~ destruction of the property. including the partial loss of the bunkhouse, burned by a lighted cigarette onto the dry grass. It has bee mitigated by the installation of chain link fencing and a security system, but it continues as a threat, nevertheless. The accelerated of deterioration is evidenced by examples such as the collapse from 1993 to 1999 of the cane barn (just a roof on the ground) and root'of the main house. ' Ag~nd" -"-' HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 3 15) Indicate the level(s) of Proiect Activities completed to date: Architectural: __ Feasibility study; Schematics; Design Development; ~ Construction documents; __ Other; _ Preservation Planning: __ Design Guidelines; __ Preservation Ordinance; __ Preservation Element; x__.Other: __None Archaeological Excavation: __ Research Design; . Excavation; __Analysis, Caration, Conservation; _ Other; __ None Museum Exhibit: Research; Script; __Artifact Selection; __Design; , Fabrication; __ Other; ~ None ne If other, describe: Preliminary Master Plan and Assessment for Structures, Tract D, 7/93 (superseded b'y Count-y's purchase of site) 16) Project timeline: on eraph below indicate all the major elements of the project and the amount of time required to complete each item: (Special Category Projects Only) ACTIVITY: A. x x Documentation of Existin~ Conditions x x x Design X X X C. x Construction Documents D. x x Contractor Selection E. x x x x x x x x x x Constructior F x x x x x x x x x x Construe. At G. 17) Describe the m a jo r elements of the project and indicate the entities (i.e. Consultant, in-house, volunteers) responsible for each element. A,B,C)Documentation of existing conditions, design and construction documents D) Contractor selection E) Construct/on F) Construction administration A-F) Grant administration Barony, Schmitt, Summers & Weaver Collier County Staff and BSS&W Contractor Collier County Staff, BSS&W Collier County Staff 18) What is the anticipated annual Cost Of Maintenance of the Historic Property, Archaeological Site, or Museum Exhibit upon completion ofl project; and w~at is the source of the funding? Cost of maintenance upon completion of the project is $22,600: Electricity 53,600 Maintenance Equipment & Supplies $11,000 Water & Sewer 1,500 Mowing 4,000 Security System 1,000 Fuel & Lubricants 1,500 Funding is expected to come from Collier County Government General Fund and Tourist Development tax revenues. 19) Provide a brief description of the Educational Benefits this project will have on the local community and the state. Please enter the curten anticipated annual visitation in space provided below. Roberts Ranch will be developed and designed to acquaint and educate the public, both residents and visitors, to Immokalee's (wh settlement, 1873) rich farming and ranching past. Roberts' Ranch, an outdoor classroom, will enrich the school classroom experie by presenting a wide variety of educational programs designed to complement and expand on elementary and secondary school curricula. Site tours, lectures, exhibits and living history programs will accommodate a large, culturally diverse audience by using object-based, hands-on approach. The museum will be available to the 31,000 Collier County students. Annual field trips for the 5,000 fourth and fifth grade students studying Florida history and for the entire student body of Immokalee schools (4,449) are expected. Currently, Immokalee students must travel 45 miles to the nearest cultural institution. The museum will have an import role in teaching about Immokalee's past and relevance to its present and future, as farmidg continues to be an economic factor in tt community. The museum will develop adult tours that include tours in other languages, such as Spanish, German and French; a sensory tour for the blind that includes handling certain reproduction materials and a "scent" tour; and tours in American Sign Language. An orientation video will be shown in the Visitor Center. In April 2000, 400 Immokalee students were. brought to the .~ for "pioneer days" to see farm animals and demonstrations of traditional, pioneer activities. Annual Visitation 25.000 MAY 2 3 .000 HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 4 20) Provide a brief' explanation indicating the direct impact of this project on minorities and the disabled. Include any alterations to the site tl~ will make the site mute accessible to the public. Immokalee is a diverse conununity that includes Hispanics (79.3%), Blacks (6.7%), Native Americans (less than 3%) and Caucasi', (6.7%). The region h::s been a farming community since 1873, with the Roberts family and Ranch playing major roles i.n the prosperity and development of the city. Modern residents will be given the opportunity to study the ways of a pioneer ranch, comparing similarities and differences in methods. Further, community pride will be bolstered through the recognition of the importance of farming and ranching to Florida's history and economy. School programs held at the Ranch will serve all students the high concentration of Hispanics in the region (Hispanics in Immokalee account for 43% of all Hispanics in Collier County.) T, in Spanish will be developed. Every attempt will be made to make the Ranch grounds and buildings as universally accessible as is reasonably possible while maintaining the historic integrity of the site. Plans include a video to be shown in the Visitor Center oft entire site and of those areas that are inaccessible; tours designed for the blind; and tours given in American Sign Language. 21) Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. Include any information regarding number of jobs it will provide, if known. Immokalee has recently received new financial incentives geared to stimulating its economy. The museum project will be a major parmer in ventures that include the Immokalee Regional Airport Industrial Park and Foreign Trade Zone, Sem/nole Gambling Casi Immokalee Drag Strip, the restoration of Lake Trafford and Main Street Program. An Enterprise Zone, the Federal government granted ~e area 52.5 million dollars for housing, job training and other economic incentives. The Ranch will play an important pa the City's plans to strengthen economic growth in the quick/y-growing business ofeco-heritage tourism, spurred by funding to cle~ up Lake Trafford for ecologically based pursuits and the success of Corkscrew Swamp Sanctuary (100,000 visitors per year). Robe Ranch would work with other businesses in town to bring more visitors to the area, locally, nationally and internationally. Roberts Ranch will be active in tt:e local Chamber of Commerce and state tourism group, Visit Florida. 22) FOR ALL ACQUISITION & DEVELOPMENT/SPECIAL CATEGORY PROJECTS: Provide The Dates Of Original Construction: 1914-1965 And The Florida blaster Site File Number: 8 CR 639 All Major Alterations: 1924, Main House built, 1960's Main House inter/, .(Attach copy of the Site File Form as Attachment M) Original Use: Cattle Ranch & Homestead Current Use: Vacant Proposed Use: Museum Roberts Ranch is important as one of the oldest remaining intact cattle ranches in the state. Retaining all of its historic character, fl Ranch has most of its original buildings in their original locations, seen against the backdrop of one of the oldest orange groves in Collier Count5'. The Ranch embodies the pioneer tenacity that was essential to success on the Florida frontier. The Roberts family came to Immokalee in 1914 from Ona, Florida. Their ranch, "Red Cattle Company," was in continuous operation from 1914 until 1977. Robert Roberts, Jr. (1884-1963) was prominent in the community, founding the First Baptist Church in 1916, the Masonic lc in 1954 (he donated land for both buildings) and the first post office. He was one of the first Commissioners of newly established Collier County in I923. For Acquisition ?rojccts, provide the Full Purchase Amount $ and the acreage of the property to be acquired The maximum grant share for an acquisition project shall not exceed 50% of the value of the property as determined by the appraisal; tl average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of ! purchase amount, ~hichever is less. 23) FOR ALL SURVEY & PLANNING GFL~,NTS: For Surveys, indicate the types of historical resources to be surveyed. LIST ANW PREVIOUS SURVEYS IN THE PROPOSED AREA. Preliminary Master Plan and Assessment for Structures, Tract D, 7/93 Indicate the anticipated Number of New Sites to be recorded none anticipated, the anticipated Number of Florida Site File Form Updates 14 and the Acreage to be covered in the survey area 15.2 For National Register Nominations, indicate the number of anticipated Individual Nominations,__ Will a multiple property cover nomination be produced? __ yes, x no. District Nominations mSTOPdC^L P~SOURCES GRANTS-IN-AID &PPLICAT!ON 24) FOR ALL COMMUNITY EDUCATION PROJECTS: PAGE 5 For Audio-Visual Productions, Books~ PamphletsT Walking Tour Brochures, etc., Explain how the product will be Marketed and/or Distributed. How many rn/nutes/pages is the product? How many copies of the product will be produced? If the printed/media materials are proposed for distribution, will there be a per item charge? __ yes __ no. If yes, provide the estimated charge. For Educational Materials, is the local school system actively involved in your project? __ yes no. Ifyes, describe their participation to d and anticipated participation in this project. Do you intend to integrate your project into the Florida Heritage Education Program? __ yes __ no. For Historic Markers, include Form No. HR3E171294 from the Bureau of Itistoric Preservation as Attachment L. 25) FOR ALL MUSEUP,{ EXHIBITS PROJECTS (Including SDecial Catecory Museum Proiects), Explain the Historical Theme for the Museum Exhibit and why it is important to Florida history. Roberts' Ranch is important as one of the oldest remaining intact cattle ranches in the state. The entire 15.2 acre site of the original acres will be interpreted as the museum. The educational mission of the museum is to teach early Florida history via the Ranch site the Roberts family history and any new information discovered through subsequent archaeological or archival means. Fourteen buildings and site features, orange groves and grassy fields make up the museum. All sU'uctures will be interpreted to their respectJ periods and original use. All relevant and period contents in exhibitable condition will receive minimal treatment and be placed m display. Buildings such as the main house (3,060 s.f.), bunkhouse (744 s.f.), and garage (450 s.f.) will be open to the public. Buildings, such as the maid's house (120 s.f.), outhouse (16 s.f.) and smokehouse (192 s.f.) will be opened for view, but not entry,, to their size. The main house, a two-story wood-frame construction, built in 1926 is furnished with original contents that include family photographs and Mr. Roberts' business files. The intact qualiD' of the site allows for ease in its interpretation. Visitors, few of whom have ever seen a bunkhouse, sugarcane vat stand-alone kitchen, will be able to truly experience the nature of life on an early Florida ranch. An orientation video at the Visitor Center will "set the stage" for the self-guided tour. An information brochure and location signs will aid file visitor through the site. Specially designed tours for school groups, the blind and deaf will also be made available. Volunteer docents and staff will be available to answer questions. What is the square footage of the museum exhibit? 15.2 acres. Agende no. HISTORICAL RESOURCES G P.ANTS-IN-AID APPLICATION What is the square footage of the museum exhibit? 15.2 acres. PAGE 6 26) FOR ALL HISTORICAL MUSEUM GENERAL OPERATING SUPPORT PROJECTS Describe the museum's management structure and governing authority: 27) Describe the museum's collections, collections management practices, exhibits, and educational programs: 28) Describe the physical facility, including square footage of exhibit, storage, collections, and administrative spaces: 29) Estimate the percentage of the museum's budget allocated to Florida histo~: % Has the museum been open to the public for at least 180 days per year for each of the 2 years prior to the application date.'? How many persons visited the museum in the last 2 fiscal years? 19 , persons 19 , persons Yes General Operating Expenses Excess (Deficit) of Revenue Over Expenses $ FY $ FY $ FY $ FY $ FY $ FY It~n~ 2000 HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE ? Object Tract D Tractor shed Horse barn Kitchen Smokehouse Bunkhouse Pump shed Cane vat Well Horse ramp Horse stall Fencing Original log foundation Roberts' Ranch Project Cost Estimate for Rehabilitation and Restoration May 2000 Work Estimate rehabilitation 6,600 rehabilitation 39,600 rehabilitation 17,050 rehabilitation 3,300 rehabilitation 24,200 rehabilitation 2,200 rehabilitation 1,100 rehabilitation 1,650 rehabilitation 1,100 rehabilitation 3,300 rehabilitation 7,150 rehabilitation 550 Tract E Main house Barn Garage Maid's house Smokehouse Outhouse Chicken coop Pump house rehabilitation 300,000 rehabilitation 2,200 rehabilitation 2,200 rehabilitation 3,300 rehabilitation 1,100 rehabilitation 700 rehabilitation 600 rehabilitation 1,100 419,0001 [Sub-total buildings General conditions IProject Sub-total 50,280 469,2801 Contingency Estimated construction costs Architectural & Engineering fees ITotal Estimated Cost 93,856 563,136 73,208 636,344] PlAY 2. 3 2000 HISTOPdCAL P,.ESOURCES GRANTS-IN-AID APPLICATION 30) PROJECT BUDGET GRANT BUDGETITEMS FUNDS Rehabilitation Tract D $ 107,800 $ Rehabilitation Tract E $ 311 ~200 $ General Conditions $ 50,280 $ ContingencF $ 93,856 $ .drchitectural & En~ineerin.g Fees $ 73,208 $ Collier Countv Board. $ Collier County Sta£~ Past Roberts' Family Contributions. Past Friends of Ranch Contributions, Past Collier County Government. Grant Period Collier County StaFf, Grotit Period Friends of Ranch, Grant Period Cash Donations, Ranch TOTALS $636,344 MATCHING FUNDS/LOCAL COST SHARE $ 48,972 $ 4,927 $ 461,281 $ 6,525 $ 77,400 $ 38,543 $ 10,300 . $ 20,001) $ $667,948 PAGE 8 SUB-TOTAL $ 107,800 $ 311.200 $ 50,280 $ 93,856 $ 73,208 $ 48.972 $ 4,927 $ 461,281 $ 6,525 $ 77,40O $.. 38,543 $ 10,300 $ 20,000 $ $1,304,292 MAY 2 3 2000 , HISTORICAL RESOURCES GP,.ANTS-IN-A1D APPLICATION PAGE 9 31) Matching and Local Cost Share Funds: List the sovrces and amounts of confirmed matching funds. (For items involving personnel, indicate the number of hours to be spent on project activities with their per/hour value and the project activities to be performed.~ '"-~ matching grant ?to3 ects, funds must not be expended before execution of a Grant Award Agreement. For Special Category gra ~cts, clearly indicate I) the resources contributed to the project during the preceding five (5) year period and 2) the resources availaN. the project during the period for which funding is requested. Local resources contributed prior lo grant period Collier County Govern ment Board of County Commissioners Fiscal Year 1999, Purchase of Tract D, (footprint, 8.8 acres) Real Property Office Services Security System Installed, 1997 New Fence Installed, 2000 Total $2,000.00 17,500.00 (Environmental Assessment, Appraisals) 5,283.00 24,189.50 $48,972.50 2. Collier County Staff Time Museum Director (R. Jarnro) 45 hours x $34.80/hr = Museum Manag~:r (D. Ridewood) 16 hours x $20.62 -= Education Curator (N. Olson) 10 hours x $24.83 = Curator of Collections (C. Welch) 160 hours x $16.97 = Secretary (D. Gardner) 5 hours x $13.58 = Total $1,566.00 (Oversee project, meetings, reports) 329.92 (Meetings, reports) 248.30 (Photograph site, inventory) 2,715.20 (Inventory Main House ) 67.90 (Clerical support) $4,927.32 Roberts' Family Contributions Land value, Tract E, i996 (6.4 acres x $30,000/acre) Appraised value of Tract E buildings Total $192,000.00 269.281.00 $461,281.00 Friends of Roberts' Ranch Contributions Master Plan-C. Yciiding, 1998 Donations to Ranch fund Total $5,000.00 ($1,000 donated by Collier County Govemment) 1,525.00 $6,525.00 Local resources available during grant period Collier Count).' Government 2001 Budget Total $77,400.00 $77,400.00 Collier CounD' Staff Time Museum Director (R. Jamro) 400 hours x $34.80/hr = Museum Manager (D. Ridewood) 500 hours x $20.62 = Curator of Collections (J. Guida) 520 hours x $17.26 --- Secretary (D. Gardner) 100 hours x $13.58 = Total $13,920.00 (Oversee project, report to Commissioners) 10,310.00 (Project site manager, reports) 8,975.20 (Photo, inventory, remove objects-storage) 1:358.00 (Clerical support for reports) $38,542.86 Friends of P. oberts' Ranch Contributions Volunteers 2(',00 hours x 55.15 = $10,300.00 (Assist Staff) 10,300.00 4. Cash Donations, Ranch Total $20,000.00 $20,000.00 Grand Total Local Cost Share $667~948.68 HISTORICAL RESOURCES GILANTS-IN-AID APPLICATION PAGE 10 CERTIFICATIONS 32) Applic:mt certification: This certification must be signed by the duty authorized representative of the applic organization or agency before the application will be considered for funding assistance. I certify that the information contained in this application is true and correct to the best of my knowledge, and that am the duly authorized representative of the applicant. Name (type or prmt) Ron Jamro Agency or omanizat~) Collier County Museum Title Museum Director 33) Owner concurrence: If the applicant does not own the property, the owner of record must sign the followinl statement indicating concurrence with the proposed project and this application for grant assistance. I, the undersigned, am the owner of the property identified under item 8) Pro/ect Information on Page Two of this application and hereby ackn()wledgc my support for and full concurrence with this application. Name [print or type) Signature Date Address City State Zip Daytime telephone FAX Number 34) Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed, should a grant award be made. I, the undersig~,ed, am the duly authorized representative of the X owner, __ long-term lessee, or___ other organization m agency having responsibility tbr maintenance of the property identified under item 8) P~'o/ect Information on Page Txvo of thi application subsequent to completion of the project for which funding is requested. I hereby indicate agreement to execute a ~-estrictive covenant through which the organization or agency I represent will conunit to maintenance of the referenced prope · - ~n accordance' witi~ good preservation practice and the applicable standards and guidelines of the Secretary of the Interior for; period of ten years. I further agree that the organization or agency will not make any modifications to the property (other thru routine repairs and maintenance) without review of the plans and specifications by the Bureau of Historic Preservation and th every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines oft Secretary of the Interior. Name (print or type) Timothy J. Constantine Title Chairman, BCC Signature Date Address 3301 Tamiami Trail East City Nap 1 e s Daytime telephone (941) 774-8097 .A4~royed as to form & legal sufficiency State FL FAX Number (941) Zio,.~4,,112 Agen t o" MAY 2 3 ?OOO HISTORICAL RESOUb-, 'ES GRANTS-IN-AID APPLICATION PAGE 11 ATTACHMENT CHECKLIST 35) The following supporting documents are attached to this application: Attachment A: Civil Rights Assurance of Compliance form (One original and thirteen copies) (ALL PROJECTS). Attachment B: Documentation of Con£m-ned Match or Local Cost Share (One original and thirteen copies) (ALL PROJECTS). Attachment C: Leners of Support, Endorsement, or Resolutions (One original and thirteen copies) (ALL PROJECTS) Atta chment D: Photographs describing the existing condition of the property or site (One set of photographic prints ar 13 xerox cop/cs): and One 35 nun color slide of the property (ALL PROJECTS). Attacmv. c:xt E: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQU iSITI©N AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). Attachment l;': If completed, museum exhibition designs xvith appropriate sketches (One origioal and thirteen copies) (MUS£UM EXHiBiT PROJECTS ONLY). Attachment G: Letters of commitment from participating institutions for traveling exhibits (One original and thirteen copies) (MUSEUM EXHIBIT PROJECTS ONLY). Attachment If: Samples of reviews, programs, and brochures of the museum (One original and thirteen copies~ (MUSEUM EXHIBIT and MUSEUM GENERAL OPERATING SUPPORT PROJECTS ONLY). Attachment [: For Museum General Operating Support: an independent financial review or audit for the previous fisca year, if available, or a detailed breakdown of the operating budget of income and expenses for the previous fiscal year (MUSEUM GENERAL OPERATING SUPPORT ONLY: Fourteen copies). Attachment J: For non-profit organizations only: proof of non-profit status (Fourteen copies) (ALL PROJECTS). Attachment K: For Acquisition projects only: an independent appraisal (t~vo appraisals are required if the value of the first appraisal exceeds $500,000); an ownership and encumbrance search; and an executed option or purchase agreemen~ Attachment L: For historic marker projects only: Florida ttistoric Marker Application Form No. HR3E171294 (Fo~lrn copies). Attaclmtcut M: Copy of Florida Master Site File From (Fourteen copies) (ACQUISITION AND DEVELOPMENT an, SPECIAL CA7 EGORY PROJECTS). No. I AY 2 3 2000 tlISTORICAL I¢.E5OUi(i.'[:.S C~ItANTS-IN-AiD APPLICATION ATTACHMENT A PAGE 12 U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE CIVIL RIGHTS ASSURANCE OF COMPLIANCE Cell ier County Mu s eum (hereinafter called "Applicant-Recipient") hereby agrees that it will comply Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interio Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulations, nc person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the Florida Department of State and hereby gives assurance that it ~vill immediately take any measures to effectuate this agreement. The Appticant-I,'.ccipicnt also agrees to comply wnh Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act 1975 and all rcqui:z:nc-uts hnposed by or pursuant to the Department of the Interior Regulations (42 CFR 17) issued pursuant to the titles, to the c,.,d ihv4. :m !;crsun m the United States shall, on the grot:ntis of di~:~bili:y or age bc excluded fi'om participation in, be denied the benefits e:, or b~ othexxvise subjected to discrimination under any program or activity for which the Applicant-Recipient receives tinanci::i xssismncc from the National Park Service and hereby gives assurance that it will immediately take any m¢asures effectuate this agreement. If any real propert5, or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applic~ Recipient by the Florida Department of State, this assurance obligates the Applicant-Recipient, or in the case of any transfer of sucl property, any u'ansferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains o~vnership or possession of the properly. In all other cases, this assurance obligates the Applicant-Recipient the period during which the Federal financial assistance is extended to it by the Florida Deparm~ent of State. This assurance is giveP, in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on accrarot of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this :~sst:rance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person o~ persans whosv signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. Timothy J. Constantine, Chairman Dated Applicant-Recipient (President, Chairman of Board or Comparable authorized Official) ATTE ST: DWIGHT E. BROCK, CLE~ APPLICANT-RECIPIENT'S MAILING ADDRESS Collier County Museum 3301Tamiami Trail East Naples, FL 34112 .- Age~_~ No.._ MAY 3 7000 P~ o-~.~ EXECUTIVE SUMMARY APPROVE CAPITAL EQUIPMENT REPAIRS AND REPLACEMENTS BUILDING, PLUMBING AND AIR CONDITIONING SYSTEMS FOR OBJECTIVE: 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 five hundred fifty-five separate buildings and structures that require continual repair and maintenance. These ongoing repairs provide a safe and productive working environment. Staff has budgeted for annual capital replacements/repairs in the newly created 301 Reserve for Capital Outlay. This fund was specifically established to finance a cyclical capital replacement program for building equipment and improvements. Equipment to be replaced under this Executive Summary includes main chilled water line valves, air-conditioning system components, building 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, including the North Regional Water Plant and Building H Health Department, are undependable 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. Chilled water lines at the main government complex need valve replacements. These valves and their associated vaults are critical in shutting down and isolating sections of the line that feed all main buildings on the complex. Their age and exposure to soil and moisture have made them unreliable. The ability to shut down sections of the lines allows staff to repair air-conditioning systems without effecting other buildings. They also provide an immediate shut off in case of a major line rupture. These valve replacements and air-conditioning repairs total $100,392. Necessary plumbing renovations include 10 leaking inmate shower valves at the Immokalee Jail. These units are leaking, causing water damage and are potential safety hazards. Also included are structural improvements to the sidewalks on the main government complex totaling $5,485. Equipment replacements include the employee badging system. This new badging system will produce employee identifications that are cost effective and durable. Total plumbing, equipment replacements, and structural improvements amount to $24,827. AGENDa. ITEM HAY 2 3 2000 Executive Summary Replacement Equipment Page Two of Two 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 working environment, but will extend the building's life cycle, allowing the County to utilize these assets to their fullest extent. FISCAL IMPACT: Total cost for equipment repairs is $130,704. Funds are available in the Facilities Management 301 Reserve for Capital Renewal and Replacement. GROWTH MANAGEMENT IMPACT: There is no impact on the County's Growth Management Plan RECOMMENDATION: That the Board approve the necessary budget amendments as described within this summary. / Prepared By: ,--. - , . ~ _,5.. Date: Daniel R. Rodriguezd Facilities 'Manager The Department of Fa6ilities Management Reviewed By: ~ Date: Skip Camp, CFM, Direc or The Department of Facilities Management Approved By: St~ve Camell, ~cting Support Services Administrator Support Services Division AGENDa. I. TEM No. it~ i~ ) HAY 2 3 2000 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 HVAC Building H Health Department Replace VMA controller - (air-conditioning controls) $ 1,932.00 2 HVAC North Regional Water Plant Repair and replace lab condensing unit $ 7,530.00 3 HVAC Building H Health Department Replace butterfly valve in chilled water lines $ 1,900.00 4 HVAC Building J Naples Jail Replace butterfly valve in chilled water lines $ 1,500.00 5 HVAC Building K Chiller Plant Replace and move valves in chilled water lines $ 4,100.00 6 HVAC Building H Health Department Replace gate valves servicing air-handlers $ 2,800.00 7 HVAC Main Campus Replace main chiller line valves with vaults $ 80,630.00 8 Structural Main Campus Repair and replace concrete sidewalks $ 5,485.00 9 Plumbing Immokalee Jail Repair & replace 10 leaking inmate shower valves $ 6,216.00 10 Plumbing Naples Main Campus Replace irrigation and water valve covers $ 6,711.00 11 Other County Buildings Replace county badging system (employee lbs) $ 11,900 00 $ 130,7 Funding is available in the 301 Reserve Fund for Capital Outlay Estimates are based on contractors proposals. I~0. / ~ J~'/ HAY 2 3 2000 EXECUTIVE SUMMARY APPROVE AND EXECUTE AN AGREEMENT WITH THE GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, WHICH PROVIDES FOR A MAXIMUM EXPENDITURE OF $12,500 FROM THE GAC LAND TRUST ]~JJr~.TJ.V_~: Recommendation to approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (County), and the Golden Gate Fire Control & Rescue District (District), which provides for a maximum expenditure of Twelve Thousand, Five Hundred and 00/100 Dollars ($12,500.00) from the GAC Land Trust allowing the District to purchase miscellaneous equipment necessary to provide for the District's Community Emergency Response Team (C.E.R.T.) Program which will provide added fire and rescue protection to the residents of Golden Gate Estates and Collier County. CONSIDERATION: (Brief History): On November 15, 1983, Avatar Properties Inc. and Collier County entered into an Agreement (1983 Agreement) to convey 1,061.5 acres of property in Golden Gate Estates in five (5) geographical phases to Collier County. According to the 1983 Agreement, the property dedicated to Collier County would be used to provide facilities for such things as recreation, utility and community service for the existing and future residents and visitors of Collier County, and to provide a source of revenue to fund improvements within the area known as "Golden Gate Estates" and to provide for the acquisition of other lands, equipment, and materials for the future construction of improvements. The 1983 Agreement also required that the lands deeded to the County are to be used only to provide governmental facilities for existing and future residents of Collier County, with all capital improvements to be physically located within the geographical boundary of the area known as "Golden Gate Estates." In addition, any proceeds from the sale of dedicated lands are to be utilized for capital projects, to be located within the area known as "Golden Gate Estates". The governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libraries and recreational facilities as well as equipment necessary for the operation thereof. (Issue): On March 27, 2000, Assistant Chief David Anderson, Golden Gate Fire Control & Rescue District, presented to the members of the Golden Gate Estates Land Trust Committee a request to assist the District in the purchase of miscellaneous equipment to provide for the District's C.E.R.T. Program. Information on the C.E.R.T. Program, which was distributed to members of the Golden Gate Estates Land Trust Committee, is attached for your review. The equipment requested is listed as Exhibit "A" to the proposed Agreement. Pursuant to the Agreement, the District agrees that all equipment shall be utilized solely by the District and shall service the area known as "Golden Gate Estates" as well as other areas of Collier County. The District agrees that the purchase of the equipment shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. AGENOA, No. /~. HAY 2 3 2000 Payment for the C.E.R.T. Program equipment shall be made to the District as reimbursement of actual expenses paid upon the District's adherence to those certain terms and conditions outlined in the attached Agreement. The C.E.R.T. Program equipment must be purchased within six (6) months of the execution of the Agreement by both parties. The Agreement also provides that if the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of the C.E.R.T. Program equipment, such gift, contribution or reimbursement shall be forwarded to the County and deposited into the GAC Land Trust. The District agrees to prepare and submit the appropriate grant applications whereby verification of such application, and its approval or denial, is to be provided to the County. At their March 27, 2000 meeting, the Golden Gate Estates Land Trust Committee recommended 4/0 that the Board of County Commissioners approve a maximum allocation of Twelve Thousand, Five Hundred and 00/100 Dollars ($12,500.00) be provided to the District as reimbursement for purposes of purchasing the listed C.E.R.T. Program equipment. An Agreement between Collier County and the District was prepared by the Real Property Management Department and reviewed by the County Attorney's Office. A "Letter of No Objection" to the Agreement, dated April 14, 2000, has been received from Avatar Properties Inc. acknowledging the allocation of $12,500.00 for the purposes stated. The "Letter of No Objection" is attached for your review. FISCAL IMPACT: An amount, not to exceed Twelve Thousand, Five Hundred and 00/100 Dollars ($12,500.00), will be transferred from Fund 605 Reserves to the appropriate 605 operating fund(s). GROVVTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) approve the attached Agreement providing for Twelve Thousand, Five Hundred and 00/100 Dollars ($12,500.00) for the purchase of miscellaneous C.E.R.T. Program equipment to be used by the Golden Gate Fire and Rescue District in order to benefit the residents of Collier County; (2) authorize its Chairman to execute the attached Agreement; and,~~prove th, e necessary budget amendment. SUBMITTED BY: (~ '~=~:~~3~_~-~c -~ DATE:-~--\~' ~-~ SANDRA L'~I'AYLOR, REAL PRQ'.~--~_ TY MANAGEMENT DIRECTOR APPROVED BY: -~~ ,~. ~:/: DatE: ~-((-O~ STEV~RNEL~INTERIM SO'PORT SERVICES ADMINIST~TOR MAY 2 3 2000 P9- r? THIS AGREEMENT made this day of ,2000 between the GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 4741 Golden Gate Parkway, Naples, Flodda 34116-6901 and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, whose mailing address is 3301 Tamiami Tdal East, Administration Building, Naples, Flodda 34112 (hereinafter referred to as the "County"). WHEREAS, County has acquired 1,061.5 acres, located in Collier County, FIodda (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a/GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, the County currently has funds dedved from the use and/or sale of a portion of the above-described Property; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing miscellaneous equipment necessary to provide for the District's Community Emergency Response Team (C.E.R.T.) program which would provide added fire and rescue protection to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated April 14, 2000, approving the use of funds derived from the sale of Property to acquire necessary equipment to provde for the Distdcrs C.E.R.T Program. NOW THEREFORE, in consideration of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The County hereby agrees to contribute a maximum of Twelve Thousand Five Hundred 00/100 Dollars ($12,500.00) of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing the items listed on the attached Exhibit "A", attached hereto and made a part hereof, (hereinafter collectively referred to as "Equipment"). 2. The Distdct agrees and warrants that the Equipment purchased with the Funds shall be utilized solely by the District, and any C.E.R.T. Team Members, for the pdmary purposes of providing fire and rescue protection to the area of "Golden Gate Estates'. 3. The District hereby agrees that the purchase of the Equipment has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Flodda Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the Equipment shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department pdor to the ordedng or receiving of any goods or services purchased under this Agreement. 4. Payment of the Funds for the Equipment shall be in accordance with the following procedure: (1) After delivery of said Equipment to the District, the District shall deliver to the Real Property Management Director for approval prior to any payment made to the District: i~ AC~NOA~T/~N (a) Copies of any and all invoices for said Equipment, clearly stating the purpost of No. ~ ~/i~ ;.,,~ ~-~ said invoices and indicating that the invoices have been paid in full. i MAY 2 3 2008 (b) A letter from the District, signed by the Chairperson, stating that the Equipment has been received and accepted in good order and directing the County to reimburse the District upon payment of the invoices for those items listed in Exhibit "A" for purposes specified in this Agreement. (2) Within thirty (30) days after receipt and approval of the above-described documents and verification that all invoices have been paid in full by the District, if not already provided, a County warrant for payment shall be prepared and made payable to the Distdct and shall be forwarded directly to the Distdct by the County. In no way, shall the total amount to be paid exceed $12,500. (3) The Equipment shall be purchased by the Distdct within six (6) months of the execution of the Agreement by both parties. In the event that the Equipment is not purchased by the Distdct within six (6) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to the provisions of the 1983 Agreement. (4) If the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of said Equipment, such gift, contribution or reimbursement shall be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. District agrees to prepare and submit the appropriate grant applications whereby verification of such application, and its approval or denial, shall be provided to the County within thirty (30) days of submittal and/or receipt. (5) The District covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the District to pay any remaining balance required to complete the purchase of any other Equipment required to initiate the C.E.R.T Program. 5. The Distdct agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of Equipment in the event Equipment is damaged or destroyed. 6. The Distdct covenants and agrees that this Agreement is solely between the County and the District and, although the County shall reimburse the District for all or only a portion of the Funds on behalf of the District, the County shall have no direct or indirect liability to the vendor of Equipment or any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs adsing from or in any way connected with the use of the Funds or the selection, purchase, delivery or use of the Equipment by the District, its agents, employees, or in any way related to the Equipment by the District, its agents, employees or any third party. 8. The Distdct understands and agrees that the Funds to be provided to the Distdct in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The Distdct agrees that following purchase, and at all times thereafter, the Equipment shall be used to provide for fire and rescue protection within the geographical area commonly known as "Golden Gate Estates". This Agreement is not intended, however, to preciude the use of the Equipment within non-estates areas of the District so long as the primary use is for efficient fire and rescue protection services within Golden Gate Estates. 10. In the event that the Equipment ceases to be utilized by the District as described in Paragraph 2, or if the Equipment ceases to be used in accordance with the terms of this Agreement, the Distdct agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the Distdct as described in Paragraph 2 or the date the Equipment ceases to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Equipment. 11. Flodda. This Agreement is governed and construed in accordance with the laws of the State of AGENOA~I No. ,/ MAY 2 3 2000 ,Pg. ,. ~'~ _ 12. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Flodda 34112 IF TO THE DISTRICT: Golden Gate Fire & Rescue Distdct 4741 Golden Gate Parkway Naples, Flodda 34120 13. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, Chairman AS TO DISTRICT: DATED: 5/].0/00 ATTEST: / TOM HENN~ry GOLDEN GATE FIRE CONTROL AN~ RESCUE DISTRICT BL~~~~n Approved as to form and legal sufficiency: Hei-"d:~ ~.. ,~shton Assistant County Attorney .o. HAY 2 '3 '2000 Pg. _~._~-~3 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT ;~741 GOLDEN '~3ATE PARKWAY* NAPLES' FLORIDA 34116..~1 (941) 4,5S-2121 · FAX (941) 4S5-7~17 Exhibit "A" The followin~ is a pro}ected budset for taschi~ m~l aquippin~ the first group of fitt~50) team Helmet with identification CERT Vest First Aid Bag with Suppli~ Triage supplies Marking Paint Work Gloves Safety Cdssses Gear Bas Head light for helmet Pictur= Id~o. C.rd CERT T-shirt ~or ida~itc.~ion Cartific.~te Proc~sinsib~.k~'o~d checks, film, admin) Total Per Tram Mamber cost Total for Fii~ Team Members $10,000.00 Five (5) VHF Radios to be assigned to each team leader in the event of an emerg~ at the projecied cost each of $ 500.00 $ 2,500.00 Totnl amount of request. $12,500.00 Thank you for your time in considerin~ our request. If I my be of a~istance to you in the fi~ture, plea.~ do not hesitate to call upon me, I look forward to meetin8 you on ~ 27th. Assistant Clgcf. AGENOA ~o. //~U ~ MAY 2 2000 Pg. _ L/L:.. -,, AVATAR PROPERTIES INC. April 14, 2000 Collier County Government Support Services Division Real Property Management Department 3301 E. Tamiami Trail Naples, FL 34112 Attention: SUBJECT: Sandra Taylor, Director 1983 Agreement between Avatar Properties Inc. and Collier County Proposed Expenditures: 1. 2. 3. Big Corkscrew Island Fire Control & Rescue District- Design & Engineering Golden Gate Fire Conn, ol & Rescue District - C.E.R.T. Equipment Parks and Recreation Department - Fitness Equipment Dear Ms. Taylor: On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your recent correspondence dated March 29, 2000 which references the above-captioned matters. Based upon my review of your letter, it is my understanding that the Golden Gate Estates Land Trust Committee has recommended that funds from the GAC Land Trust be expended to provide certain services or purchase certain equipment for the above- referenced Districts and Department. By this correspondence, I would hereby confrrm to you that Avatar Properties Inc. does not have any objection to the expenditure of the funds in question for the projects delineated in your letter. If I can be of further assistance please do not hesitate to contact me at your convenience. Very truly yours, AVATAR PROPERTIES INC. Denms J. Getman Executive Vice President - General Counsel DJG/gj P.O. Box 023000, Miami, Florida M:\DAI L'r~GETMAN~GJ~LgI-1 lzR~n. Tay1413, DO(2 33 I02-3000 - (305) 442-7000 FAX (305) 448-992~ AGENDA lie MAY 2 3 2000 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · N.~'PLEs, FLORIDA 34116-8~O1 (941) 4,55-2121 · FAX (941) 45~1T Nfl~h 17, 2OOO The Golden Crate Fire Conlrol and Rescue District CEitT program will consist of conmnmity minded individuals in and around our area to include residents of The Big Co~ Island Fire District, that are organized and receive special training to handle situ~iom that may otherwise After reoeivi~ trainin8 by qualified instructors from the Golden Gate Fire Control and Rescue District, u wet[ as other agencies, the members will be prepared to recognize potential hazards, administer basic Rrst aid, identify resorates, take necessary steps to get to safety and assist others. As an orisanized team t!~-y will provide vital services in the absence of emergency respondera, whose arrival nay be delay~ due to the severity of the situation. When s major emergency overwhelms normally available resources of the Fire Districts, response delays of hours or even days may occur. Someone with the basic skills tra~ that these ~ offer should be able to imnMxtiately usi~t thOSe ~n dist3~3s. Students will attend seven(7) wecidy class~ with each class lasting approximately two and a halt' hours. Lecm~ is suppo~ed by video, stides and overhead materials. Practical team building exercises play · major role in the course. The course content is outlined in written materials provided to each student provided by the Federal Emersaap/ I~ A&ency CFEMA). Each individual coordimti~ agon~ is resporm~b!e for providin~ the ne~,samT maZedais to the members of the team so they may be utilized to their fidlest potential. The Golden Gate lrtre Control and Resinc District does not have the needed funds budseted to properly equip the team members once they have completed the course. It is For this reason as well as the prosram in genera] that we are requestin8 Rmdin8 t~or the program from the Avatar Committee. EXECUTIVE SUMMARY ,~---APPROVE AND EXECUTE AN AGREEMENT TO PROVIDE FOR A MAXIMUM EXPENDITURE OF $50,000 :ROM THE GAC LAND TRUST TO INITIATE THE DESIGN OF A FIRE CONTROL AND RESCUE STATION TO BE LOCATED WITHIN GOLDEN GATE ESTATES ~: Recommendation to approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust ("Trustee") and the Big Corkscrew Island Fire Control and Rescue District, ("District") which provides for a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) from the GAC Land Trust to initiate the design and engineering of a Fire Control and Rescue Station to be located within Golden Gate Estates. CONSIDERATION: (Brief History): On November 15, 1983, Avatar Properties Inc. and Collier County entered into an Agreement (1983 Agreement) to convey 1,061.5 acres of property in Golden Gate Estates in five (5) geographical phases to Collier County. According to the 1983 Agreement, the property dedicated to Collier County would be used to provide facilities for such things as recreation, utility and community service for the existing and future residents and visitors of Collier County, and to provide a source of revenue to fund improvements within the area known as "Golden Gate Estates" and to provide for the acquisition of other lands, equipment, and materials for the future construction of improvements. The 1983 Agreement also required that the lands deeded to the County are to be used only to provide governmental facilities for existing and future residents of Collier County, with all capital improvements to be physically located within the geographical boundary of the area known as "Golden ~_..Gate Estates." In addition, any proceeds from the sale of dedicated lands are to be utilized for capital ~rojects, to be located within the area known as "Golden Gate Estates". The governmental facilities which can oe constructed upon said property or with the proceeds of the sale of the property include fire protection facilities, police facilities, public schools, libraries and recreational facilities as well as equipment necessary for the operation thereof. (Issue): On March 27, 2000, Frank Kovarik, Chief, Big Corkscrew Island Fire Control and Rescue District, presented a request to the Golden Gate Estates Land Trust Committee to fund a portion of the design and engineering costs associated with constructing the District's proposed Station #12, which is to be located on a site recently acquired by the District. The site is located at the corner of Immokalee Road and Everglades Boulevard and is legally described as the East 150 feet and the West 180 feet of Tract 55, Golden Gate Estates, Unit No. 23, according to the plat thereof, of record in Plat Book 7, Pages 9 and 10, of the Public Records of Collier County, Florida. Chief Kovarik also requested the Committee consider funding a portion of the deign and engineering costs associated with the District's Administration Building and training area which is being proposed to be constructed adjacent to the District's existing Station #10 located near the corner of Immokalee Road and Randall Boulevard. Due to the current funds available, and recent requests by other governmental entities for funds from the GAC Land Trust, the Golden Gate Estates Land Trust Committee recommended 4/0 that the Board of County Commissioners consider expending a maximum allocation of Fifty Thousand and 00/100 Dollars ($50,000.00) be provided from the GAC Land Trust for purposes of initiating the design and engineering of the District's proposed Station #12 which was considered a priority by Chief Kovarilk. MAY 2 3 2000 ~..The payment of the $50,000 (Funds) to the District's selected vendor(s) required to initiate the design and r~gineering are specifically addressed in the attached Agreement. Pursuant to the Agreement, the District agrees that all expenses shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may be applicable. The District also agrees that the obtainment of services shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services purchased under this Agreement. It must be noted that, all funds requested must be disbursed within twelve (12) months of the execution of the Agreement. The attached Agreement addressing the allocation of the $50,000 was prepared by the Real Property Management Department and reviewed by the County Attorney's Office. A "Letter of No Objection" to the Agreement, dated April 14, 2000, has been received from Avatar Properties Inc. acknowledging the allocation of $50,000 for the design and engineering of a Fire Control and Rescue Station (Station #12) to be located within Golden Gate Estates. FISCAL IMPACT: Any and all funds shall be utilized to initiate the design and engineering of the Fire Control and Rescue Station #12. The Fifty Thousand Dollars ($50,000) allocated by the GAC Land Trust is available in 605 Reserves for Future Construction. A budget amendment would be required to transfer funds from Fund 605 Reserves to the appropriate operating fund in order to initiate the design and engineering of the District's Station #12. ~GROW'FH MANAGEMENT IMPACT: None ~ECOMMENDATION: That the Board of County Commissioners: (1) approve the attached Agreement providing for a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) to initiate the design and engineering of the Big Corkscrew Island Fire and Rescue District's Station #12 in order to benefit the residents of Collier County; (2) authorize the Chairman to execute the Agreement; and (3) approve the necessary budget amendment(s). SUBMITTED BY: /"'"'--~~ --, ~~ ". DATE:. SANDI:~ I. TAYLOR, REAL PR(~i~,.TY MANAGEMENT DIRECTOR APPROVED BY: ,,~~'~ ~'~1', ~ ~ DATE: STEVE ~ARNL~L, INTERIM SUPPORT SERVICES ADMINISTRATOR AGE NO A / I ~T..£ I~. ~o. /~ ~ PlAY 2 3 2000 AGREEMENT THIS AGREEMENT made this __day of ,2000 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120. WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, District is requesting to utilize funds from the GAC Land Trust to initiate the design and engineering of a Fire Control & Rescue Station (Station #12) which shall be constructed on the East 150 feet and the West 180 feet of Tract 55, "Golden Gate Estates", Unit No. 23, according to the plat thereof, of record in Plat Book 7, Pages 9 and 10, of the Public Records of Collier County, Florida; and WHEREAS, Trustee has determined that District's request is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for design and engineering required to construct a Fire Control & Rescue Station (hereinafter referred to as "Facility"). WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated April 14, 2000, approving the use of funds derived from the salo of Prop3rty to fund a portion of the design and engineering (hereinafter referred to as "Design") for the Facility within "Golden Gate Estates". WHEREAS, the District intends to initiate the Design of the Facility upon execution of this Agreement. NOW THEREFORE, in consideration of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. Trustee hereby agrees to contribute a maximum of Fifty Thousand and No/100 Dollars ($50,000.00) of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "Funds"), for purposes of initiating the Design of the Facility in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the Design of the Facility. 2. The District agrees and warrants that the Funds will be used solely for said Design needed to provide an adequate Facility to serve the public. 3. The District hereby agrees that the Design of the Facility shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may be applicable. The District hereby agrees that the obtainment of services shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordedng or receiving of any goods or services purchased under this Agreement. 4. Payment of the Funds to the District for the Design of the Facility shall be in accordance with the following: A. The Trustee shall make available the Funds ($50,000) for the Design upon District's acceptance of a design consultant or firm to provide such services as required herein but only following approval by the Board of County Commissioners, Collier County of this Agreement. Said HAY 2 3 2000 pg.,,, Fayment(s) shall be made within thirty (30) days of receipt of appropriate verification as stated ' below by the Trustee, with copy to the Real Property Management Department Director, of said verification. B. The District, or its designee, shall: (a) provide the Real Property Management Department Director, copies of all invoices, purchase orders or other documentation which shall clearly state the purposes of said expenditure. Only those invoices which clearly state expenditures associated with Design shall be approved. Payments(s) shall be approved upon satisfactory review by the Real Property Management Department Director and shall be made payable directly to the appropriate vendor. (b) A letter from the District, signed by the Chairperson, stating that the Design (services) has been received and accepted in good order and directing the County to pay directly to the vendor, on behalf of the District, each invoice for purposes specified in paragraph 1. In no way shall the total amount to be paid exceed $50,000. C. Within thirty (30) days after receipt and approval of the above-described documentation, a County warrant for payment shall be prepared and made payable to the vendor and shall be forwarded directly to the vendor by the County. D. Upon completion of the Design of the Facility, the District or its designee shall (1) promptly forward a letter to the Trustee stating that all moneys from the GAC Land Trust have been used for the purposes of initiating the Design of the Facility in Golden Gate Estates and that all payments have been disbursed in accordance with the Agreement; and (2) refund to Trustee any and all Funds, or any portion thereof, not utilized for said Land and Design shall be deposited directly into the GAC Land Trust Fund 605. E. The District covenants and agrees that upon the payment of all or any podion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the District to pay any remaining balance required to complete the construction of the Facility. F. All Funds requested, in accordance with this paragraph shall be disbursed within twelve (12) months of the execution of this Agreement by both padies. In the event that the Design is not ,~.__.completed by the District within twelve (12) months from the execution of this Agreement, it is ~derstood and agreed by the padies that the District shall refund or repay to Trustee, within thirty 0) days, any and all Funds which have been provided to the Distrait pursuant to the provisions of the 1983 Agreement. 5. District agrees to protect, defend, indemnify and hold the Trustee harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, purchase, delivery or installation or use of the Facility by the District, its agents, employees, or in any way related to the Facility by the District, its agents, employees or any third party. 6. The District understands and agrees that the Funds to be provided to Collier County in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a podion of the Property conveyed to Collier County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in Fund 605-122390 (The GAC Trust Land Sales Fund). 7. The District agrees that following construction of the Facility, the site shall be used primarily for servicing the geographical area commonly known as-"Golden Gate Estates". 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. 9. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 IF TO THE TRUSTEE: Collier County c/o Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 10. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both padies. IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on the day and year first above written. AS TO TRUSTEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS TO DISTRI T:,~ / /(~L=~ ECKHARDT, Secret~lry By: TIMOTHY J. CONSTANTINE, Chairman BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT Approved as to form and Htidi~.l~l~on Assistant County Attorney HAY 2 3 2000 BIG CORKSCREW ISLAND FIgF. CONTROL & RESCUE DISTRICT March 14, 2000 13240 Immokalcc Road Naples, Florida 34120 (9~1) 348-8O06 (941) 455-1204 Members of the Golden Gate Estates Land Trust Committee: The Big Corkscrew Island Fire Control and Rescue District is growing rapidly, but our tax base is lagging behind. The growth of our District in people directly relates to growth in demand for services - fire suppression, prevention, medical rescue and administrative issues. In the last few years we have upgraded and added to our apparatus and equipment... Since December of 1998 we have almost doubled our staffing level. We continue to strive to improve our services - plans for future improvements include increased staffing and strategic placement of new facilities. In implementing our plan, we have purchased two parcels of land - each one hand picked for its designated purpose. The first parcel is located on the corner of Immokalee Road and Everglades Boulevard. This is the future site Big Corkscrew Island Fire Station 12. We plan to place a minimum of 2 pieces of apparatus (an engine and a brush vehicle) and 2 personnel at this station upon completion and increase staffing levels as budgeting permits. This location was chosen because of the direct access to the main North-South corridor for Golden Gate Estates (Everglades Blvd) and access to the main East-West corridor for Eastern Collier County. The apparatus and personnel at this station will be "first due" to Northern Golden Gate Estates and "second due" to the Southern Estates, as well as other areas of our District as its response zone. The second parcel we purchase is located directly behind Station 10 on Immokalee Road. The plans for this site include and Administrative Facility and training area. Currently our Administrative operations are spread between our two stations (10 and 11), although we have managed to work through this set up in the past, as we grow it has become necessary to put Administrative operations under one roof. Currently Training and Operations are located upstairs at Station.10, Finance, Planning and the Chief Administrative Officer are downstairs at Station 10 and the Fire Marshal and Fire Prevention/Inspection Bureau are located at Station 11. In the Administrative facility we also plan to have a public meeting area/classroom. This will allow sufficient space for public meetings (Girls Scouts, Boy Scouts, Fire Commission meetings, etc) and classroom base training - these meetings are currently held in what is now the sleeping quarters at Station 10. Attached you will find estimates for Design and Engineering Plans fees and construction fees. We are asking that the Golden Gate Estates Land Trust Committee consider assisting us with the expense of these projects. Thank you for allowing me to speak with you in regards to these plans and for your consideration of providing assistance to us to implement these plans. AGENOA [TEN ' PlAY 2 Z000 Respectfully, Chief Frank O. Kovarik Big Corkscrew Island Fire Control and Rescue District cc: Board of Fire Commissioners HAY 2'/.3~2000 · P.. , ,/ J · [] HAY 2 3 2000 ? / AVATAR PROPERTIES INC. April 14, 2000 Collier County Government Support Services Division Real Property Management Deparlaaent 3301 E. Tamiami Trail Naples, FL 34112 Attention: SUBJECT: Sandra Taylor, Director ~ .: ~ 1983 Agreement between Avatar Properties Inc. and Collier County Proposed Expenditures: 1. Big Corkscrew Island Fire Control & Rescue District - Design & Engineering 2. Golden Gate Fire Control & Rescue District - C.E.R.T. Equipment 3. Parks and Recreation Depaslment - Fitness Equipment Dear Ms. Taylor: On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your recem correspondence dated March 29, 2000 which references the above-captioned matters. Based upon my review of your letter, it is my understanding that the Golden Gate Estates Land Trust Committee has recommended that funds from the GAC Land Trust be expended to provide certain services or purchase certain equipment for the above- referenced Districts and Department. By this correspondence, I would hereby confirm to you that Avatar Properties Inc. does not have any objection to the expenditure of the funds in question for the projects delineated in your letter. IfI can be of further assistance please do not hesitate to contact me at your convenience. Very truly yours, AVATAR PROPERTIES INC. Dennis J. Getman Executive Vice President - General Counsel DJG/gj P.O. Box 023000, Miami, Florida 33102-3000 - (305) 442-7000 FAX (305) 448-9927 M: \DAI LY'~G E-'rM AN~C.d J~ L./= 1-1/=.R~Tay1413. DOC A~I[ NOA ITEM no. & MAY 2 3 2000 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CANCELING OF CURRENT TAXES UPON CERTAIN OIL GAS & MINERAL RIGHTS OBTAINED BY TAX DEED WITHOUT MONETARY COMPENSATION FOR PUBLIC USE. OBJECTIVE: To adopt a Resolution to cancel the current (1999) taxes due on certain oil gas & mineral fights that Collier County ("the County") has obtained by tax deed for public purposes without monetary compensation paid by the County. CONSIDERATION: Collier County recently obtained ownership for certain oil, gas & mineral rights via tax deed. According to Section 197.502(8), Florida Statutes, "Three years from the day the land was offered for public sale, the land shall escheat to the county in which it is located, all tax certificates and liens against the property shall be canceled, and the clerk shall execute a tax deed vesting title in the Board of County Commissioners of the county in which it is located." The Board of County Commissioners ("the Board") of Collier County, Florida obtained ownership of these certain oil gas & mineral fights via Tax Deeds that were recorded on February 4, 2000, in Official Records Book 2637, Pages 3290, 3293, 3296, 3299, and 3302. The Collier County Clerk of Courts office requested that the current taxes due be canceled on these certain oil gas & mineral fights. On November 2, 1993, the Board of County Commissioners adopted Resolution No. 93-499 therein allowing the Board to cancel taxes upon land acquired by Collier County without monetary compensation for public use. Adoption of the attached Resolution shall provide the Boarifs directive and authorization to cancel the necessary taxes on those certain oil, gas & mineral rights described therein. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Resolution canceling current taxes upon certain oil, gas & mineral fights obtained by tax deeds as described therein. (2) Authorize the Chairman to execute the attached Resolution. PREPARED BY: en~ Bla'e~ J Real Property 5Man~~~t Department REVIEWED BY: ~~...~ l~.~r~a.~ Sandra Taylor, Director Real Proper~ Management ent ~VIEWED ' ~ ~' ~' ~"' . t ' ~ Steve Carn~, Inten~Administrator Support Se~ices Division DATE: DATE 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO. 2000- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CANCELING CURRENT TAXES UPON CERTAIN OIL GAS & MINERAL RIGHTS OBTAINED BY TAX DEEDS. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 WHEREAS, Oil Gas & Mineral Rights for the following tax folio numbers were conveyed to the County per Section 197.502(8), Flodda Statutes by Tax Deed for public purposes without monetary compensation paid by the County; and WHEREAS, the following Tax Deeds were recorded in the Public Records of Collier County, Flodda, on February 4, 2000 as follows; and OR BOOK 2637 2637 2637 2637 2637 LOCATED IN OR PAGE FOLIO SECTWP RNG 3290 01015120000 8 51 34 3293 00997520004 5 51 33 3296 01162240008 17 52 32 3299 01166240004 3 52 33 3302 01168520007 11 52 33 WHEREAS, the property will be retained to preserve the Oil Gas & Mineral rights by Collier County, Florida; and WHEREAS, the Board of County Commissioners of C,011ier County, Florida approved Resolution No. 93-499 on November 2, 1993, approving a policy to cancel curren~~- real property taxes upon land acquired by Collier County or the Collier County Water-Sewe~ District without monetary compensation for public use; and WHEREAS, Sections 196.28 and 196.29, Flodda Statutes, provides that the Board of County Commissioners of each County of the Slate of Florida is given full power and authority to cancel and discharge liens for (real property) taxes, delinquent or current, upon land held or owned by said County for public use by a govemmental unit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the current outstanding real property taxes on the above listed properties located in Collier County, Florida are canceled as of December 31, 1999. This Resolution adopted this motion, second and majodty vote. day of , 2000 after 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 sufficiency: ~ Heidi F. Ashton - ~ Assistant County Attorney EXECUTIVE SUMMARY AWARD BID NO. S00-3047 FOR THE SALE OF SURPLUS MAIL MACHINE OBJECTIVE: To dispose of a surplus mail machine pursuant to state law. CONSIDERATION: In recent months, the Mail Center staff has successfully "outsourced" the daily metering of outgoing mail. Accordingly, staff no longer has a recurring need for a mall metering machine. It was understood by the vendors that all costs/fees associated with preparing the equipment for shipment and all moving expenses will be borne by the Vendor. Pursuant to Chapter 274, F.S., the surplus equipment was offered to other government entities and to twenty- four (24) firms in successive phases. The Purchasing Department posted Bid S00-3047 on April 4, 2000. No bid offers were received from government entities on the due date, April 28, 2000. One bid was received from the public on the due date, May 5, 2000 and is as follows: Investment Recovery Group $777.00 -ff has reviewed the quote received and recommends acceptance of the offer from Investment Recovery J~p. FISCAL IMPACT: Revenues in the amount of $777.00 shall be recognized in account 001-121730-364410. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of the referenced mail metering machine and award surplus Bid No. S00-3047 to Investment Recovery Group in the amount of $777.00. SUBMITTED BY: . ,_ , ..... . _7 ...... ' .... A~me Cardenas, Mail Center Supervisor REVIEWEDBY: REVIEWED BY: Steve Caffiell Purchasing/General Services Steve CWameli, ~/ Interim Support Services Administrator Date: MAY 2 3 2000 Pg' : /:_ EXECUTIVE SUMMARY RESOLUTION AUTHORIZING THE COUNTY MANAGER TO APPROVE AND EXECUTE ROUTINE MATTERS ON BEHALF OF THE BOARD OF COUNTY COMMISSION DURING DESIGNATED COMMISSION VACATIONS. OBJECTIVE: That the Board of County Commissioners approve a resolution authorizing the County Manager to approve and execute routine matters on behalf of the Commission during time periods the Board has designated as the Board's vacation schedule. CONSIDERATION: This resolution will provide the County Manager authority to approve and execute routine matters subject to formal ratification when the Board designates a vacation schedule. Typically the Board empowers this authority to the County Manager through an executive summary before each scheduled vacation. This resolution will eliminate the need to present an agenda item before each designated vacation. The County Manager will be authorized to make decisions and take action subject to the following: The County Manager shall make no decision or take any action which as a matter of law must first be approved by the Board; 2. Every contract or agreement so approved must be ratified by the Board; 3. All interim decisions and actions must be within the existing budgetary limitations. GROWTH MANAGEMENT: None FISCAL IMPACT: There is no fiscal impact as a result of this resolution. RECOMMENDATION: That the Board authorize said resolution. Prepared by: "V~,.~ x ./,'j.'~.~,"-,~._-~'- Date: Jo~ Dunnfi~k, Assistant to the County Manager Office of the County Manager Reviewed and Approved by: Date: Thomas W. Olliff, County Manager Office of the County Manager AGENDA~ I?EM No. MAY ;.' ':, 2000 Pg. '7 8 10 11 12 13 14 15 16 1'7 2O 21 22 2~ 2,$ 2~ 26 2'7 28 2~ 30 31 32 3.$ 35 36 35 3~ 41 ~2 43 ,$5 ~? $0 $1 52 54 ~5 58 ~9 61 RESOLUTION NO. 2000 - A RESOLUTION AUTHO!~IZING THE COUNTY MANACER TO APPROVE AND EXECUTE ROUTINE MA~ERS ON BEHALF OF THE' BOARD OF COUNTY COMMISSION DURING TIME PERIODS THAT THE BOARD HAS DESIGNATED AS THE BOARD'S VACATION SCHEDULE WHEREAS, Section 125.74, Florida Statutes, and County Ordinance No. 93-72, as amended, delegate to the County Manager specified duties and responsibilities; and WHEREAS, during the annual time periods when the Board of County Commissioners ("Board) has formally designated as the Board's vacation schedule it is sometimes necessary that the County Manager make decisions, execute agreements or otherwise authorize actions that cannot await formai action by the Board, which decisions and actions are subject to ratification by the Board upon its return from its vacation schedule; and WHEREAS, the Board desires by this Resolution to establish a continuing policy regarding authorizing the County Manager to make such "interim decisions" and authorize such "interim actions." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Each year during the time periods that the Board of County Commissioners C'Board") has declared as its vacation schedule, the County Manager is hereby authorized to make interim decisions and authorize interim actions that, but for the Board's vacation schedule, would await prior approval by the Board as a regular or special called meeting of the Board. This authorization is subject to the following: 2. The County Manager shall make no decision or take any action which as a matter of law must first be approved by the Board. 3. Every contract or agreement so approved by the County Manager shall be deemed to include the following provision: "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board." 4. All such interim decisions and interim actions by the County Manager must be within then existing budgetary limitations. TI-IIS RESOLUTION adopted this ~ day of motion, second and majority vote favoring adoption. DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By Deputy Clerk Approved as to Form and Legal Sufficiency: Thoma~ C. palmer Assistant County Attorney TIMOTHY J. CONSTANTINE, Chairman AGEND~ I~rEM No.l~ c_ , MAY 2 3 2000 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of May 23, 2000 General Fund Reserves (Fund 001) Information Technology Budget Amendment g00-231 Other Contractual Services $6,760 Regular Salaries (6,700) Total: -0- Explanation: Funds are needed to pay for a contracted qualified technician for direct client support until vacant position is filled. Community and Regional Parks, Unincorporated Area (Fund 346) Budget Amendment 900-240 Capital Improvements-General $7,000 Reserves Reserve for Capital Outlay (7,000) Total: -0- Explanation: Funds are needed for canoe launch project not completed in FY99 due to the time frame in obtaining State permits. General (Fund 001) Beach & Water Park Operations Budget Amendment #00-241 Remittances for Municipalities $1,450 Reserves Reserves for Contingencies (1,450) Total: -0- Explanation: Funds are needed to pay for the interlocal agreement between the City and County wherein County residents with stickers may utilize City beach parking spaces free of charge. Additional funds needed due to consumer price index increase. AGENDA ITEM No. HAY 2 3 2000 Pg., / EXECUTIVE SUMMARY RECOMENDATION RELATING TO A HOLOCAUST MUSEUM OBJECTIVE: That the Board of County Commissioners review the following options relating to the Holocaust Museum and authorize staff to work with Mr. Bell and Mr. Combs to submit a two-year non- conforming use permit to the Board. CONSIDERATION: The Board directed staff to develop options for the placement of a Holocaust Museum. Listed below are several options that include County, regional, and private sector opportunities. Lease a facili _ty on Golden Gate Parkway for two years (Option # 1 ) - Mr. Elhanon Combs has offered the free use of his facility located on Golden Gate Parkway for a period of two years. Both Mr. Bell and the Jewish Federation are enthusiastically supportive of this idea and would be willing to make the necessary code improvements to the facility. The Jewish Federation Board recently pledged to raise the necessary funds to support the project over the next two years. While the County would not be involved in the lease partnership between the landowner and Mr. Bell / Jewish Federation, it will be necessary for the property owner (or Mr. Bell with the property owner's permission) to request approval from the Board to utilize the property for this purpose through the non-conforming use change (NUC) petition process. The NUC petition is necessary since the property is currently zoned "E" Estates, the structure and premises have not been used for a period of time in excess of 180 days, the Land Development Code requires that any future use of the property adhere to the underlying zoning district and the "E" Estates district only allows single-family homes as a permitted principal use. The Board has previously approved use of this facility as a bowling alley, in-line skate rink, and a charter school. Most recently, the property has been used to house several portable classrooms for the Royal Palm Academy (a private school). However, the subject structure has been unoccupied for several years. Additionally, the Board denied a request for a flea market at this location in mid-1999. If an NUC is submitted, staff will notify adjacent and nearby property owners (within 300 feet of the subject site), review the request and bring forward a recommendation to the Board. Typically that process takes 6 to 8 weeks. Combine the exhibit with other Holocaust Museums in the Region (Option #2) - Staff contacted other museums within South Florida to determine if there was any interest in combining the exhibits in an effort that greater populations could enjoy a more diverse collection. The Holocaust Museum of St. Petersburg expressed interest in Dave Bell's exhibit and would be willing to display them with the owner' s approval. County Locations: While the following County locations are still available, there are several considerations that should be noted. Should the Board allocate space for this display only there is a concern that the Board will receive many other space requests for museum projects. The Board would then be in a position of choosing projects on a case-by-case basis. The second concern is the length of commitment. During the public petition process, Dave Bell requested a site for approximately two years in anticipation that a diversity museum is being constructed at the City of Naples' River Park. However, the City has yet to approve this project, and as a result, approval of this item may require a much greater time commitment than two years. If the County commits to one of these locations, the County's ability to expand utilizing available space is limited. AGENDA ITEM No. - Additionally, with respect to the portable unit, there is a possibility that the Parks and Recreation Department will utilize this unit to house new employees resulting from the recent reorganization. The third concern is liability. Many of the artifacts in Mr. Bell's display actually belong to other owners. There is a concern that the County could be liable for these items unless the County requires that each owner indemnifies each artifact for this use. The forth concern is cost. Each County facility option would cost between $9-18,000 of general funds that are not budgeted. Additionally, the County museum is funded by Tourist Development funds. Therefore, there may be concern that the County is inconsistent with its funding policy towards museum enterprises. Public Common area located on the sixth floor of the courthouse building (option//3) - The benefits of this location are that it is open to the public when the courthouse is open, and it fulfills the 2,000 square foot request. The challenge with this option is that there is no means to monitor the museum items, and the environment is not museum-like. Therefore, staff would recommend a surveillance camera monitoring system at an estimated cost of $9,500. First Floor of the Health Building (option//4) - This location fulfills the requested size requirements; however, located on the first floor, it would be an even greater challenge than option//1 to safeguard the items against damage and theft. Additionally, this option is not museum-like either, as there is often small children in the lobby. Staff would again recommend a surveillance camera monitoring system at an estimated cost of $9,500. Communi _ty Center / Communi _ty Park Locations (option//5) - Staff reviewed all parks and recreation locations to determine if there was any appropriate opportunities. Although many sites meet the physical qualifications for this museum, these locations are already committed to many community activities ranging from summer camp activities to senior citizen programming. The Board would have to relocate or terminate these programs that are already booked for the next six months. The old fitness room at the Golden Gate Community Park that was eluded to in the Board's previous discussion, has undergone a renovation and is now a combination of filing space, additional offices and a popular aerobics / yoga class. At selection of these facilities would result in lost revenue of recreation programs depending on the site selected. Refurbish a Portable Unit and Place it at Designated School Site (Option//6) - With the School Board, staff determined that utilizing existing interlocal agreements the County could either purchase a portable unit that is already located at a school site, or the County could refurbish a portable unit that is in its inventory currently and place it at a designated school site. A portable unit would allow Mr. Bell to control the availability and security of the museum and it could serve as a location for an indefinite period of time with little continuing expense to the County. The one drawback is the fact that the portable unit is not the 2,000 sq. ft. as requested. Staff estimates it would cost approximately $18,000, however, to move and refurbish a portable unit. Display the Items one month annually at the Coun _ty Museum (Option//7) - Although this display does not meet the Museum's Collections Policy (Resolution 87-2000) for a permanent basis, staff could work with Mr. Bell to designate a specific month to display the items free of charge. This would allow the schools to coordinate field trips and lesson plans around a designate month. Mr. Bell, would then be responsible for storing it the during the other months. - AGENDA IT.E.M Growth Management: The addition of a museum site is not currently adopted within the growth management plan. Fiscal Impact: The Board would receive an application fee in the amount of $425 for option #1, unless waived. Option #2 and Option #7 would have no fiscal impact on the County. Options #3 and #4 would cost approximately $9,500 for the installation of a security system. There woulci be lost revenue from option #5 depending upon the room selected. Option #6 would cost approximately $18,000. Funds are available in general fund reserves. Recommendation: Mr. Bell, the Jewish Federation and staff recommend that the Board authorize staff to work with Mr. Bell and Mr. Combs to submit a two-year non-conforming use permit to the Board. ~j~hn Dunnu-~k, Assistant to the County Manager Office of the County Manager Reviewed And Approved By: Date: Thomas W. Olli£f, County Manager Office of the County Manager AGENDA ITEM No...//,~ ~ , 2 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 00-3065, INSTALLATION OF HURRICANE SHUTTERS AT VILLAGE OAKS ELEMENTARY AND PINE RIDGE MIDDLE SCHOOLS. OBJECTIVE: To award Bid No. 00-3056 for the installation of hurricane shutters at Village Oaks Elementary and Pine Ridge Middle Schools. CONSIDERATION: On March 29, 2000 formal bid invitations were posted in the lobby of the General Services Building and distributed to fifteen (15) firms that provide these services. On April 12, 2000 bids were received and opened from four (4) firms. A tabulation sheet is attached to this summary. Staff has reviewed the bids received and Brescitt Corp has offered the lowest bid for Village Oaks Elementary School and Sunmaster has offered the lowest bid for Pine Ridge Middle School. FISCAL IMPACT: Funds in the amount of $26,500 are available in the Emergency Management Grant Fund. GROWTH MANAGEMENT IMPACT: Policy 12.1.3, Conservation and Coastal Management Element requires that the county continue to identify shelter space that complies with American Red Cross Shelter standards. RECOMMENDATION: That the Board of County Commissioners award Bid No. 00-3065 to Brescitt Corp. for Village Oaks Elementary S.~ool School. SUBMITTED BY:~N~"'"'""~ Kenne"~h-~. Pineau Emergency Management Director StephenS,.~' v' Camell, Director Purchasing/General Services Thomas Storrar, Administrator Emergency Services Division REVIEWED BY: REVIEWED BY: and Sunmaster for Pine Ridge Middle Date: Date: '~7),o /cOO Date: AGENDA ITEM No. l t~ C~ \ ,, 2000 EXECUTIVE SUMMARY APPROVE THE OCHOPEE FIRE CONTROL DISTRICT'S BUDGET AMENDMENTS FOR THE PURCHASE OF BRUSH FIRE GEAR OBJECTIVE~ Request the Board of County Commissioners to approve budget amendments for the purchase of Brush Fire Gear through the 50/50 Volunteer Fire Assistance Grant for the Ochopee Fire Control District. CONSIDERATION: The Ochopee Fire Control District has been granted $3,276.00 through the 50/50 Volunteer Fire Assistance Grant from the Division of Forestry for the purchase of Brush Fire Gear which was approved by the Board of County Commissioners on March 14, 2000 item #16G2. Therefore, the Ochopee Fire Control District is requesting a budget amendment approval for said purchases of which our expenses will be in the amount of $1,638.00. FISCAL IMPACT: Total expense to Ochopee Fire Control District will be $3,276.00 with a reimbursement of $1,638.00 from the Division of Forestry through the 50/50 Volunteer Fire assistance Grant approved by the Board of County Commissioners on March 14, 2000 item #16(32 and awarded on April 17, 2000 by the Division of Forestry. The funds will come from the Ochopee Fire Control District Reserves for Contingencies via budget amendments. .O. ROWTH MANAGEMENT IMPACT: None. RECO,MMENDATION: The Board of County Commissioners approve the necessary budget amendments for the purchase of Brush Fire Gear by appropriating funds from the Oehopee Fire Control District Reserves for Contingencies and reeogn/zing grant funds. SUBMITTED BY:~'~~ f/~ ,~ Pahl grfison, ~ire Chfef Thomas Storrar, Emergency Services Administrator ,l BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 23, 2000 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: o Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1 ), the disbursements for the Board of County Commissioners for the period: A. April 5 - 11, 2000 B. April 12- 18, 2000 C. April 19 - 25. 2000 D. April 26 - May 2, 2000 E. May 3 - 9, 2000 Minutes: A. Historical/Archaeological Preservation Board - Agenda for April 21, 2000 meeting and minutes of April 21, 2000 meeting B. Parks and Recreation Advisory Board - Agenda for April 26, 2000 meeting and minutes of March 22, 2000 meeting C. Environmental Advisory Council - Agenda for May 3, 2000 meeting and minutes of April 5, 2000 meeting D. Emergency Medical Services Advisory Council - Informal minutes of March 29, 2000 meeting E. Pelican Bay MSTBU Advisory Committee - Agenda for May 3, 2000 meeting and minutes of March 1, 2000 meeting F. Collier County Planning Commission - Agendas for April 20 and May 4, 2000 meetings and minutes of March 16 and April 6, 2000 meetings G. City/County Beach Renourishment Advisory Committee - Agenda for May 4, 2000 meeting H. Golden Gate Beautification Advisory Committee - Agendas for April 11, and May 9, 2000 meetings and minutes of March 14 and April, ,.,,t~.G~,~ij~EH o HAY 2 3 000 Pg. ! No P° Rural Lands Oversight Committee - Agenda for May 15, 2000 meeting and minutes of January 10, 2000 meeting Utility Authority - Minutes of the February 28, 2000 meeting Bayshore Beautification Advisory Committee - Agenda for May 3, 2000 meeting and minutes of April 5, 2000 meeting Rural Fringe Area Assessment Oversight Committee - Agenda for May 3, 2000 meeting and minutes of March 22, 2000 meeting Rural Fringe Area Assessment Oversight Committee - Agenda for April 19, 2000 meeting and minutes of April 5, 2000 meeting Environmental Advisory Council - Agenda for April 5, 2000 meeting and minutes of March 1, 2000 meeting County Government Productivity Committee - Minutes of March 15, 2000 meeting Collier County Community Health Care Ad Hoc Committee - Agenda for April 12, 2000 meeting Golden Gate Estates Land Trust Committee - Minutes of January 24, 2000 meeting Radio Road Beautification Advisory Committee - Agenda for April 10, 2000 meeting and minutes of March 13, 2000 meeting Ochopee Fire Control District Advisory Committee - Minutes of March 6, 2000 meeting AGE ND, A ~ ]~:TEM No. /~,~ HAY 2 3 2OOO EXECUTIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION BETVVEEN THE BOARD OF COUNTY COMMISSIONERS AND SPRINT/UNITED TELEPHONE COMPANY OF FLORIDA. OBJECTIVE: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Spdnt./United Telephone Company of Florida, for continuing the existing E-911 system. CONSIDERATIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. A Resolution to be executed by the Board of County Commissioners to allow Sprint/United Telephone Company of Flodda to collect a fee at $ .37 per month per access line to fund the cost of maintaining the enhanced "911" system, from September 30, 2000 to September 30, 2001. The Board of County Commissioners authorizes the Sprint/United Telephone Company of Florida to deduct an administrative fee equal to 1% of the monies collected for the enhanced "911" emergency telephone system. FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 99-00 was $ .31. There is an increase in the fee due to equipment replacement. Any reserves will be accumulated according to Statute.(199-919010-991000- oooo0) GROVVTH MANAGEMENT IMPACT: The subscribers will pay for the system. RECOMMENDATIONS: That the Board of County Commissioners authorize the Chairman to execute the Resolution. See attachment for Resolution. PREPARED BY:. D~.b..or:ah R. EJ'O~'aJd~ ~1 f'Co~)(.~ator APPROVE D~ff, 911 Director DATE: AGENDA ITEM No. MAY 2 3 2000 Pg. EXECUTIVESUMMARY RECOMMENDATION THAT THE BOARD APPROVE AMENDMENT NUMBER 2 TO LEGAL SERVICES AGREEMENT WITH Ti~E LAW FIRM OF CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A. OBJECTIVE: The Board approve Amendment Number 2 to Legal Services Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. to provide for additional attorneys to be utilized on the various issues the firm advises the County. CONSIDERATIONS: On April 11, 2000, the Board directed the County Attorney to retain the services of Carlton, Fields to assist the Office of the County Attorney with land use - related lawsuits and other property issues. Attached for the Board's approval is Amendment Number 2 to Legal Services Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., ("Carlton, Fields"). The amendment does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. The amendment to the contract reflects that attorney Martha Chumbier of the firm will charge at a rate of $220.00 per hour. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contract, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. Community Development Fund 111 will be utilized. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached Amendment Number 2 to Legal Services Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. for specialized legal services requested on an as-needed basis. Additionally, direct the Clerk to pay all invoices at this rate for work performed previously. Approved by: b~id C. Weigel County Attorney r//v/m Dat~ DCW/ddafH/exec suture/2000/re Carlton, Fields re amendment #2 to Continuing Rel~ation Agreement AGENDA ITEM NO. ---- '~ MAY 2 3 2OOO AMENDMENT # 2 TO LEGAL SERVICES AGREEMENT THIS AMENDMENT TO LEGAL SERVICES AGREEMENT made this 11th day of April 2000, between the Board of County Commissioners, (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., of Tallahassee and Tampa, Florida, ("Carlton, Fields"). Whereas, the County and Carlton, Fields have previously entered into a Continuing Retention Agreement dated June 22, 1999 and an Amendment to Legal Services Agreement dated September 28, 1999; and Whereas, the County has expressed a desire to obtain the services of outside counsel and, specifically, Carlton, Fields, to advise, assist and work with the Board of County Commissioners, the County Attorney and County staff in the land use / property rights area; and \Vhereas, by virtue of the diverse special expertise and resources of Carlton, Fields, said firm can provide the desired services. NOW THEREFORE, the parties hereto a=o-ree as follows: The Continuing Retention Agreement dated June 22, 1999 and the Amendment to Legal Services Agreement dated September 22, 1999 by and between the County and Carlton, Fields are hereby amended to provide that the County, through its Community Development and Environmental Services Division, agrees to pay the following named attorney as compensation for legal services: Martha Chumbier at the rate of $220.00 per hour. Carlton, Fields through the aforenamed attorney, and its use of other attorneys and legal staff of the finn shall provide the legal counsel and all assistance requested relating to land use, property rights, the County's Growth Management Plan and related administrative, executive, and judicial /hearings, appeals, negotiations, and County committee work related thereto. Page 1 of 2 A~ AI .o. MAY 2 3 2000 Pg. Except as expressly amended hereabove, the terms and conditions of said Continuing Retention Agreement are unchanged. IN' WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: CARLTON, FIELDS, WARD, EMMANUEL & SMITH, P.A. (Printed witness signature) (Printed witness signature) ~anc~/G. LTnnan?~ss~tui~-e ' ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA gv: By: TIMOTHY J. CONSTANTIN'E, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attome>, Page 2 of 2 MAY 2 3 2OOO EXECUTIVE SUMMARY PETITION PUD-91-05(1), DWIGHT NADEAU OF MCANLEY ENGINEERING AND DESIGN, INC., REPRESENTING SAMUEL J. DURSO OF HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT, FOR PROPERTY KNOWN AS HABITAT PLACE PUD (FORMERLY EAST TRAIL RV PARK PUD), AN AFFORDABLE HOUSING PROJECT, LOCATED APPROXIMATELY THREE MILES EAST OF S.R. 951 ON THE SOUTH SIDE OF U.S. 41 EAST, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.20+ ACRES. OBJECTIVE: The petitioner is seeking to rezone the herein described property by amending the existing "PUD" Planned Unit Development to "PUD" for a single-family, affordable housing project consisting of approximately 100 dwelling units on 20.20+ acres of land and having a density of 4.95 dwelling units per acre. CONSIDERATIONS: The site is located on the south side of U.S. 41 approximately three rniles west of S.R. 951, and is bordered on the south side by a residential PUD (Fiddler's Creek) and "A" Rural Agricultural, with a day care and camp. To the northwest is Paradise Pointe Recreational Vehicle Park PUD (6.82 units/acre with 179 of 383 units to date). To the east is a Church on "A" Rural Agricultural land, and across U.S. 41 East is a "C-2" Commercial strip and "RSF-3" with a mobile home park across U.S. 41 East. Access to the proposed PUD will be from U.S. 41 via a private drive. This property xvas originally approved in 1991 for a PUD with 115 recreational vehicles units. This proposal will reduce the density by 15 units to provide 100 single family affordable homes on 3,500 square-foot lots. The proposed PUD is also located in the Urban Residential Mixed Use - Urban Coastal Fringe Subdistrict and is also within the Traffic Congestion Boundary as designated on the Future Land Use Map of the Groxvth Management Plan (GMP); therefore, the subject property is limited to a base density of 3.0 dwelling units per acre. Even though the base density is limited, the GMP allows affordable housing at higher densities in these land use districts. The GMP and the Land Development Code (LDC) encourages affordable housing by providing a density bonus in addition to the base density. The additional 1.95 units per acre proposed by this amendment is due to the Affordable Housing Density Bonus. The Affordable Housing Density Bonus would allow up to 8.0 dwelling units per acre, in addition to the base density of 3.0 units per acre, for projects of this type, if the project proposes 40 percent or ITEM more of the development as affordable housing. In this case, the proposed Habitat for Humanity project would qualify for up to 11.0 total dwelling units per acre because it will provide 100 percent affordable housing. The Habitat for Humanity project only proposes a maximum of 4.95 units per acre (3.0 base + 1.95 bonus units) in order to provide an adequate lot size at an affordable price. More information is provided in the Affordable Housing Agreement included with this report. Staff is of the opinion that a rezoning of the subject property to allow single family affordable housing is compatible with its surrounding environs and the nearby uses. There are no incompatible uses nearby. Summary The requested zoning action appears to be consistent with the GMP Future Land Use Element (FLUE) Policy 5.1, which requires that all rezonings be consistent with the GMP. It is also consistent with the Future Land Use Density Rating System, which promotes affordable housing by providing a density bonus and is subject to an Affordable Housing Agreement with the County (attached). The site is an infill parcel sandwiched between higher density and lower density development making a proposed single family home development suitable for this location. With regard to drainage, County and SWFWMD requirements must be met, including requirements for stormwater drainage and retention. PROS/CONS: Below are pro and con issues as indicated in staff's report and as discussed in the CCPC meeting. Pros (1) This petition is consistent with the locational criteria for single family development and affordable housing as it applies to the Future Land Use Map (FLUM) and the Future Land Use Element (FLUE) of the County's Growth Management Plan. (2) It is consistent with other applicable elements of the GMP. A rezoning action would not change any level of service relationship in a negative manner. The additional traffic is estimated not to exceed the significance test for traffic (5% of LOS "C"). (3) The proposed affordable housing is promoted and permitted in this area by GMP policies. It is also consistent with the Density Rating System that promotes affordable housing by providing a bonus density. (4) The single family dwelling units are more preferable than recreational vehicle units. The proposed density fits the location, which is an infill parcel due to its being surrounding by higher density development to the west, lower density development to the south, and nonresidential uses to the east and north. Cons (1) An increase in density or intensity is perceived as negative by existing residents. 2000 (2) Affordable housing is perceived by some residents to cause property values to decrease, although there is no evidence that property near single family affordable housing units in the Habitat for Humanity program have ever caused any decrease in value. Indications are that it does not affect property negatively. FISCAL IMPACT: Habitat Place PUD will be a single family, affordable housing development. The overall fiscal impact of the proposed development should be minimal. A breakdown of the fiscal impact is given as follows: Impact Fees Park Impact Fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $578.00 per unit x 100 du's = $180.52 per unit x 100 du's = $0.15 per Sq. Ft. of bldg. area ~ 1,000 SF x 0.15 x 100 du's = $1,778.00 per unit x 100 du's = $1,825.00 per unit x 100 du's = $.005 per Sq. Ft. of bldg. area ~ .005 x 1000 x 100 = $14.00 per unit x 100 = $0.005 per Sq. Ft. of bldg. area ~ .005 x 1000 x 100 = $2.00 per unit x 100 = TOTAL IMPACT FEES $57,800.00 18,052.00 15,000.00 177,800.00 182,500.00 500.00 1,400.00 500.00 200.00 $ 453,752.00 The average total size of the proposed dwelling units is about 1,000 square feet. This project will provide 100 dwelling units of this size, therefore, the estimated total amount of impact fees collected at build out will total $ 453,752.00+. This is a raxv estimate based on current impact fees and proposed d~velling units. The petitioner may also apply to the State Housing Initiative Program (SHIP) for a waiver of impact fees for each house built based on verifiable qualifications of each buyer. In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorem taxes. The amount of revenue generated by the ad valorem tax depends on the value of the improvements. At this time, MAY 2 3 2000 staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land development project. But, at this time, staff has not developed a method by which to estimate the cost of a particular land development project. Such a model, in our opinion, would be misleading because there is no certain way, with respect to housing projects, to determine their value and likelihood that not all of the authorized development will occur. Regardless of a lack of methodologies to determine all of the fiscal impacts of a land development project, development still has concurrency relationships or limitations. When levels of services (LOS) fall below County adopted standards, a mechanism is in place that xvould require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed Victoria Falls PUD xvill not cause County LOS to be exceeded. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. Affordable housing is promoted by the GMP, and is allowed in the Urban Residential Mixed Use - Urban Coastal Fringe Subdistrict. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located xvithin 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 May4, 2000; therefore, Staff recommends approval of PUD-91-05 ( 1 ), the Victoria Falls PUD Document and Master Plan. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: This petition was not required to be submitted to the EAC because it is part of the Deltona Stipulation for Dismissal and Settlement Agreement (Deltona Agreement), which identifies this site as upland and suitable for residential development. The Deltona Agreement already stipulated open space and conservation areas would be provided AGENDA ITEM MAY 2 3 2000 elsewhere in the settlement area (July 20, 1982). As a result, the proposed development is consistent xvith the Conservation and Open Space Elements of the GMP. The petitioner will still provide 60 percent open space within the development. PLANNING COMMISSION RECOMMENDATION: At the November 4, 1999 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously on a motion to approve the proposed PUD-91- 05(1). There xvere no major issues and no objections were made from the public. AGENDA ITEM !7,q. MAY 2 3 2000 PREPARED BY: DATE EWED BY: ')NALD F. NINO,~ AICF'~ CURRENT PLANNING MANAGER DATE ROB'ERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROfT: COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition PUD~91-05 (1) Habitat Place PUD amendment. Tentatively scheduled for the May 23, 2000 BCC meeting. /7'//' MAY 2 3 2000 Memorandum AGENDA ITEM 7-G To: From: Date: Subject: COIJ.IER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES APRIL 10, 2000 PETITION PUD-91-05(1), HABITAT PLACE PUD OWNER/AGENT: Agents: Applicant/Owner: Mr. Dwight Nadeau McAnley Engineering and Design, Inc. 5435 Park Central Court Naples, Florida 34109 Samuel J. Durso, President Habitat for Humanity of Collier County, Inc. 11550 East Tamiami Trail Naples, Florida 34113 REQUESTED ACTION: This petition seeks to repeal the existing East Trail RV PUD, approved for 115 recreational vehicle units in 1991, and adopt a new PUD and Master Plan to provide a single-family affordable housing development. GEOGRAPHIC LOCATION: The property is located on the south side of U.S. 41, approximately three miles east of S.R. 951, in Section 12, Township 51 South, Range 26 East (See location map on following page). 1 /7 . MAY 2 3 2000 PURPOSE/DESCRIPTION OF PRO,JECT: The petitioner proposes an amendment to the existing 20.20+ acre Planned Unit Development to provide 100 single family homes for very low income families. This project is an affordable housing project located within the Urban Coastal Fringe Subdistrict and qualifies for up to 8.0 units per acre as a density bonus attributable to affordable housing in addition to the permitted base density. The base density is 4.0 units per acre in the Urban Coastal Fringe Subdistfict~ but the PUD is located within a Traffic Congestion Boundary that reduces the density by one unit per acre. The petitioner only proposes a gross project density of 4.95 dwelling units per acre of which 1.95 dwelling units per acre are attributable to an Affordable Housing Density Bonus (AHDB) Agreement. The development plan will also allow the following: 1. A 20.2-acre single-family residential development area, including 3,500 square-foot lots, accessory buildings, model units, and utility and maintenance facilities; 2. Rights-of-ways; 3. Dedicated water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities per County standards, and; 4. Recreational facility/building. 5. Sixty percent open space. The proposed PUD will decrease the currently approved 115 RV dwelling units by 15 dwelling units for a total of 100 single family units, and will also decrease the density from 5.7 units per acre to 4.95 units per acre. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "PUD" Planned Unit Development. Surrounding: Northwest - South East North Paradise Pointe Recreational Vehicle Park zoned PUD (6.82 units/acre with 179 of 383 units to date). Residential PUD (Fiddler's Creek) and "A" Rural Agricultural, with a day care/camp. Church C-2 Commercial strip and RSF-3 with a mobile home park across U.S. 41 East. GROWTH MANAGEMENT PLAN CONSISTENCY: The following consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP: Land Use Element and Density - The subject parcel is zoned PUD and is located within the Urban Mixed Use - Urban Coastal Fringe Subdistrict on the Future Land Use Map of the GMP. The Urban Coastal Fringe Subdistrict is a transitional area providing transitional densities between the Urban Designated Area and the Conservation Designated Area. It allows a variety of residential uses, 2 AGENDA ITEM'" MAY 2 3 2000 including single-family, multi-family, duplex, mobile home, and mixed-use development, but all rezones must be in the form of a PUD. .~e Urban Coastal Fringe Subdistrict permits a base density of up to 4.0 dwelling units per acre and a bonus is given for affordable housing when a proposed development meets the criteria of the Future Land Use Density Rating System and Section 2.7.7 of the Land Development Code. The density calculation for Habitat Trace PUD is as follows: Affordable Housing Bonus Density Very Low Household Income per 3 or more bedrooms (Table A) = AHDB Rating of 5 AHDB Rating of 5 with 40% or more affordable housing units (Table B) = 8.0 du/acre Bonus Density = 8.0 du/acre x 20.2 acres = Base Density = 3.0 (4.0 - 1.0') du/acre x 20.2 acres = Total Allowable Dwelling Units = 161.6 du's 60.6 du's 222.2 du's Total Allowable Density = 222.2 du/20.2 acres = 11 du/acre **PROPOSED DENSITY = 100 du/20.2 acres = 4.95 du/acre * The Traffic Congestion Boundary reduces the base density by 1.0 dwelling unit The requested density is consistent with the provisions of the Affordable Housing Density Rating '-'~vstem provided the density is otherwise deemed compatible by Staff's analysis (Attachments "A" ,d "B"). Staff's analysis indicates that the proposed density is compatible with approved development nearby such as the TrRVC Park and the mobile home park. Staff has also determined that the proposed PUD is consistent with the Future Land Use and Housing Elements of the GMP (see Analysis and Findings). The applicant could develop this land at 3.0 dwelling units per acre under the same scheme or as an RV park at 5.7 units per acre. The proposed PUD would decrease density. The proposed PUD is consistent with the GMP. Traffic Circulation Element - The Traffic Impact Statement estimates that the 100 SF units will generate about 955 Weekday Trips. The difference between the proposed site-generated traffic and the currently approved site-generated traffic will not exceed the significance test standard (5% of the LOS "C" design volume) on any state or local road. U.S. 41 is operating at a LOS "B" and will continue to operate at LOS "B" 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 - Open space and wetlands will be achieved to the greatest extent possible, although the Deltona Stipulation for Dismissal and Settlement Agreement (Deltona Agreement) identifies this site as upland and suitable for residential development. The Deltona Agreement already stipulated open space and conservation areas would be provided elsewhere in the ,~.ettlement area (July 20, 1982). As a result, the proposed development is consistent with the 3 MAY 2 3 2000 Conservation and Open Space Elements of the GMP. The petitioner will still provide 60 percent open space within the development. Other Applicable Element(s) - These include utilities and water management. Proposed development located in the Urban Coastal Fringe Subdistrict is fully responsible for all necessary water management improvements, including routing of on-site and appropriate off-site water. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above-prescribed course of action should make this petition consistent with this element of the GMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's 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. This petition was not reviewed by the Environmental Advisory Committee (EAC) due to no environmental impacts and the stipulations of the Deltona Agreement. Some stipulations were recommended by staff and were incorporated into the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an. objective, comprehensive overview of the impact of the proposed land 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 4 MAY 2 3 2000 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 ~'-~s related elements. Other evaluation considerations should include an assessment of adequacy of ansportation infrastructure, other infrastructure, and compatibility with adjacent land uses as they relate to both the rezoning action and the long range plan for future land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) as it applies specifically to Collier County's legal basis for land use planning. Compatibility - The subject property is located within the Urban Mixed Use - Urban Coastal Fringe Subdistrict as identified on the Future Land Use Map of the GMP. The applicant proposes an affordable housing project that qualifies for a bonus density of up to 8.0 dwelling units per acre. The proposed PUD is bordered by Paradise Pointe Recreational Vehicle Park PUD on the west side (6.82 units/acre with 179 of 383 units to date). Fiddler's Creek PUD (planned golf course/residential development with minimum 3,500 SF lots) and "A" Rural Agricultural properties are located to the south, a church is located to the west, and a commercial district and mobile home park are located across U.S. 41 East. The nearby and adjacent development are considered compatible with the proposed PUD. The single family homes proposed by the applicant are deemed compatible with the surrounding development by virtue of housing type and per policy in the GMP. Therefore, the proposed PUD is compatible with existing and proposed development in the area. "--'"vaffic - The primary vehicular access point will be from U.S. 41 East via a 60-foot access easement, ,rich will be complemented by an eastbound right-turn-in deceleration lane. A 24-foot-wide paved road access will be constructed to County standards within the existing access and should operate with an acceptable level of safety. The proposed road access is subject to the County's Access Management Plan. The increased traffic impact from this and other development along U.S. 41 should not adversely affect the level of service (LOS), which should remain at a LOS of "B" at the build out of this project. No other impacts or traffic conflicts between this proposed PUD and existing or proposed nearby developments are apparent. Therefore, the proposed PUD should not affect land use negatively. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval, as the case will be for development of this land. Water management facilities will be constructed to meet requirements of County Ordinances and these will be reviewed and 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 infrastructure along U.S. 41, including an activity center at U.S. 41 and C.R. 951, which contain retail shopping and business offices all within a short driving distance. Police, fire and 5 AGENDA ~TEM 2000 emergency services can be readily provided from the appropriate facilities located nearby. Educational facilities and a County park are also located within a short driving distance. PUD Document and Master Plan - The PUD document is modeled after the County Planning Services Model PUD Document in terms of format, general provisions, and development. standards and commitments. The PUD Document contains all of Staff's recommendations and will make provision of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed PUD will also provide sidewalks and paved access to this PUD. Interconnections to future abutting development are not necessary nor feasible. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-91- 05(1), the Habitat Place PUD Document and Master Plan, to the Board of County Commissioners. 6 i A C-~_NOA ITEM ! ,AY 23 2000 PREPARED BY: PLANNER DATE REVIE~VED BY: ROJ,IALD F.--~N~b, AICP, MANAGER C[rRRENT PLANNING SECTION )2""ERT-~. ~JLHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for May 4, 2000 CCPC meeting. Note: This petition is tentatively scheduled for the May 23, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON PUD-91-05(1) HABITAT PLACE PUD/STAFF REPORT/DJM 7 FINDINGS FOR PUD PUD-91-05(1) 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) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by an arterial road, which is within the urbanized area, and which facilitates access to a variety of community services and facilities. (iv) The proposed PUD is located in an area that is developing with residential uses and is near to an activity center at C.R. 951 and U.S. 41. The area appears to be well-suited for this type of development. Con: (i) Loss of travel time for users of the same arterial road network. (ii) Existing residents often perceive a residential intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, decreasing safety, increasing noise, and reducing property values. Findine: Jurisdictional reviews by County staff support the manner and pattern of the proposed development. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Development conditions contained in the PUD document give insurance that all infrastructure will be developed and will be consistent with County regulations. Exhibit "A" 1 MAY 2 3 2000 Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. -Pro: (i) The development strategy for the subject property is consistent with the goals, objectives and policies of the Growth Management Plan, including objectives to provide affordable housing. Con: None Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element and Density_ - The subject site is located within the Urban Mixed Use - Urban Coastal Fringe Subdistrict on the Future Land Use Map of the GMP. This area is limited to a base density of 3.0 dwelling units per acre because it is within a Traffic Congestion Boundary, which subtracts 1.0 unit per acre from the normal base density of 4.0 units per acre. Additionally, the Affordable Housing Density Rating System allows for up to 8.0 dwelling units per acre more when providing 40 percent or more of a development's housing containing three or more bedrooms for persons with very low income. This meets Objective 1 of the Housing Element of the GMP. The Urban Residential Fringe Subdistrict allows all residential structure types and other uses normally found in a residential environment, such as recreational use. The applicant's proposed density is 4.95 dwelling units per acre of which 1.95 units per acre are attributable to an AHDB agreement. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that the petition is consistent with the policies of the TCE, including Policies 1.3, 1.4, 5.1 and 5.2. 2 IqAY 2 3 2000 o Preservation and Open Space - The proposed PUD was part of the Deltona Settlement Agreement which allocated preservation areas in more environmentally sensitive locations in what is know as the Marco Shores and the Fiddler's Creek developments. Regardless, the petitioner will provide 60 percent open space. 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 design, and buffering and screening requirements. Pro: The PUD has been designed to minimize internal land use conflicts through setbacks and open space used to separate the proposed lots from nearby properties. 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 and yard setbacks.. 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 Findine: The project xvill provide the greatest amount of open space practical. Open space set aside by this project meets the provisions of the Land Development Code, which requires up to 60 percent open space. 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. Summarv 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. 3 ITEM ~ 2000 ,/7 = Pro/Con: Evaluation not applicable. Summary Findine: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of 'the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report to the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: The proposed PUD Document and Master Plan are designed for affordable housing. Con: None. Summary 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-91-05(1)/DJM AGENDA ITEM MAY 2 3 2000 lIEZONE FINDINGS PETITION PUD-91-S(1) 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 amendment as proposed is in compliance with the Future Land Use Element of the Growth Management Plan (GMP) and helps to meet Objective 1 of the Housing Element of the GMP. Furthermore, the County Comprehensive Planning Section has determined that affordable housing bonuses are allowed within the Urban Coastal Fringe Subdistrict of the GMP Future Land Use Map. 2. The existing land use pattern; Pro: The proposed single-family residential development is compatible with nearby residential and non-residential development. The project will be bordered by Paradise Pointe Recreational Vehicle Park to the west, rural agricultural to the south, and a church to the east. The abutting property to the south is part of the Fiddler's Creek PUD but only contains a daycare/camp at this time. Con: None Summary Findines: The proposed PUD was originally approved as a TTRVC pLrD and was deemed compatible with existing surrounding development. The proposed amendment to change the TTRVC to single-family should still be compatible with surrounding uses and should fit with the existing land use pattern, which is mostly RV development. The parcel is also of a sufficient size that it will not result in an isolated Exhibit "B" 2 3 2000 district unrelated to adjacent and nearby districts. It is consistent with expected land uses by virtue of its location xvithin the Urban Coastal Fringe Subdistrict on the Future Land Use Map. The possible creation of an isolated district unrelated to adjacent and ne. arby districts; Pro: Approval of this PUD amendment will not create an unrelated zoning district. Furthermore, affordable housing is promoted by County policy. Con: Evaluation not applicable. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Affordable housing is promoted by County policies and Land Development Code (LDC) provisions. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent xvith the FLUM of the GMP. Con: None. Summary Findings: Nearby Lands are zoned for residential and mobile home use and contain compatible residential development and densities for most of the area. A church is located to the east. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The area has changed to a mixed residential/non-residential area containing conventional housing, RVs, mobile homes, and a church. Therefore, the proposed zoning change is appropriate based on the existing conditions of the property, and surrounding properties, and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. 2 MAY 2 3 2000 Summary Findings: The proposed zoning change is consistent with the Growth Management Plan, and is appropriate based on changing conditions surrounding the property. Whether the proposed change will adversely influence living conditions in 'the neighborhood; Pro: (i) The proposed PUD should have a positive influence on development and character of the area. (ii) The proposed single-family housing adds balance to the housing mix of the area and provides an alternative choice to existing housing choices and lifestyles. It also provides a logical transition between the higher density TTRVC, mobile homes, and future non-residential development located to the north and west, and the lower intensity residential and future residential properties located to the south. Con: (i) None. Summary FindinRs: The proposed PUD amendment will not adversely influence living conditions in the neighborhood. The site also provides some transition between more intensive nonresidential, mobile home, and RV development to the west and north and the less intensive agriculture development to the south of the subject PUD. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding !and uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (i) The property will access private and public roads providing access to the arterial road system serving the project. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law, this degree of discomfort is regulated by concurrency requirements. (ii) In the short run, construction traffic necessary for development may be irritating to local residents. 3 MAY 2 3 2000 Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, and, when developed, will not excessively increase traffic congestion. 'Additionally, certain traffic management system improvements may be required as a condition of approval (i.e., turn lanes, traffic signals, dedications, etc.) by the County and the FDOT. In the final analysis, all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. (ii) The property has been deemed upland land with few drainage problems. Con: (i) None Summary Findinl!s: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD amendment will conform to County standards and requirements in the PUD Document which will ensure adequate light and air will be available. The overall development standards are compatible xvith the standards listed for similar residential districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findines: 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. AGENDA ITF_I~ MAY 2 3 2000 10. 11. 12. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically, urban intensification increases the value of contiguous underutilized land. This project should have little negative impact on surrounding properties if development standards and conditions are followed. It is likely that this development will have a positive influence on property values in this area. Con: Sometimes, urban intensification is perceived as having a negative impact on neighboring property values. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject 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. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: The proposed PUD amendment xvill likely have a positive influence toward promoting development of adjacent properties. 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 ~vill constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summar,,, Findines: The proposed PUD amendment complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest, such as the promotion of affordable housing as is the case here. 5 AGEJq~ .~ 2 3 20011 13. 14. 15. 16. 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 the opportunity to provide better housing than what is currently approved. the petitioner is proposing affordable housing units which are allowed by policy. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project complies with the GMP and helps the County to meet stated measurable goals promoting affordable housing. Within a policy context whereby affordable housing is promoted, the proposed PUD is not out of scale with the surrounding neighborhood. Con: None Summary Findines: The proposed PUD will not be out of scale with the needs of the neighborhood. Furthermore, affordable housing is allowed in this district and County policy promotes affordable housing by granting a bonus density, in addition to the permitted base density. 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. Furthermore, the County has adopted policies which allow affordable housing in most districts and which give bonus densities to encourage it. 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. 6 MAY 2 3 2000 17. Pro/Con: Evaluation not applicable. Summary Findines: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval that will further define the PUD. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summarx 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 reviexvs for adequacy of public services and levels of service determined that required infrastructure -meets with GMP established relationships. REZONE FIND1NGS PUD-91-5(I )/DJM 7 MAY 2 3 2000 McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE March 3, 2000 Mr. Donald Murray, Principal Planner Current Planning Collier County Community Development Services Center 2800 North Horseshoe Drive Naples, Florida 34104 Re: Major PUD Amendment Petition Application Project: East Trail R.V. Park PUD Location: Section 12, Township 51 South, Range 26 East, Collier County, Florida Dear Mr. Murray: Pursuant to our Pre-application Conference, please find the attached application petitioning Collier County's Board of County Commissioners for a Major PUD Amendment to accommodate a specific development intent. The original East Trail R.V. Park PUD was approved through the adoption of Ordinance No. 91-91. The East Trail R.V. Park PUD is approved for 115 recreational vehicle lots at a density of 5.7 units per gross acre. The proposed amendment will rename the PUD to Habitat Place, and change the development intent from an R.V. project to a single-family home development for very low income home ownership. This petition proposes to develop 100 single- family lots. The subject property is eligible for 61 units (3 units/acre), pursuant to the Future Land Use Element, and proposes an additional 39 dwelling units (1.95 units/acre), by providing for affordable housing pursuant to Ordinance No. 90-89, the Collier County Affordable Housing Density Bonus Ordinance, which was incorporated into the Land Development Code in Section 2.7.7. The proposed project's density would be 4.95 dwelling units per acre. You will find a check (#4026), to satisfy the application and processing costs which are prescribed by Resolution No. 99-328. The following documentation is included in the 17 copies of the petition application package: 2. 3. 4. 6. 7. 8. 9. 10. PUD Amendment Application; Proposed PUD Document; Proposed PUD Master Plan; Agreement Authorizing Affordable Housing Density Bonus and imposing Covenants and Restrictions on Real Property; Existing PUD Document and Master Plan; Environmental Impact Statement; Aerial Photograph; Boundary Survey: Traffic Impact Study; Conceptual Water Management Computations & Plan 5435 PARK CENTRAL COURT, NAPLES. FLORIDA 34109 MAILING ADDRESS: P.O. BOX 11717, NAPLES, FLORIDA 34101-1717 (941) 593-3299 FAX f9411 593-3298 Don Murray Habitat Place PUD March 3, 2000 Page 2 The development property is located in the south half of Section 12, Township 51 South, Range 26 East. The subject property, being approximately 20.20 acres is presently undeveloped, and is proposed to be developed by Habitat for Humanity of Collier County with no more than 100 single- family homes for very low income families. Although the project will not be amenitized like an up- scale residential development, there will be recreational and social opportunities provided for in a centralized location. Access to the project is proposed directly from U.S. 41, with the project entrance aligning with Joseph Lane, to the north. The water management system consists of approximately 14+ acres of open space which will receive runoff' from structures, roads and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to water management detention areas for water quality treatment, with the proposed outfall to be at the project's northwest corner into the U.S. 41 Right-of-Way. The outfall will continue in a northwesterly direction which connects to the U.S. 41 Outfall Swale No. 1, with ultimate outfall to MacIlvane Bay. Allowable discharge rates for U.S. 41 is 1.0 cfs. The controlled perimeter of the water management system will be maintained at an elevation of 7.25' NGVD. Finally, the existing PUD Document is being repealed to provide for the proposed PUD document drafted in the County's accepted form, and to reference current development regulations and procedures. Should you have any questions regarding this PUD Amendment Petition request, please call me so that I, or the environmental consultant may address your concerns. It should be noted, that the review of this development order request is governed by Collier County Ordinance No. 89-39, which the Board of County Commissioners adopted to expedite processing procedures to speed the approval and permitting of developments for affordable housing. 'Sinlerel~~.~ Dwight Nadeau Planning Director Enclosures cc: Client File MAY 2 3 2000 t~ VICINITY MAP :~T"l'----'""'"~--~-'"'.":11 McANLY ENGINEERING_ ~* HAmTAT ~P~;A,~C~II AND DESIGN INC 'n'TLr.: II ~o L.~,NOSC..~'::~ ~C:,l'frm"'TV~IIIII · VlCNTY MAP II m: .~ m =;T IIIII I II .~ ~.t~i~ ~it~ lllll PETITION NUMBER FOR PUD AMENDMENT/DO AMENDMENT CON/~TrNITY DEVELOPMENT DIVISION PLANNING SERVICES DATE APPLICATION FOR PUBLIC HEARING Name of Applicant(s) Habitat for Humanity of Collier County, Inc. Applicant's Mailing Address 11550 East Tamiami Trail City Naples State Florida Zip 34113 Applicant's Telephone Number: Res.: N/A Bus.: 775-0036 Is the applicant the owner of the subject property? Yes X No (a) If applicant is a land trust, so indicate and name beneficiaries below. X (b) If applicant is a corporation other than public corporation, so indicate and name officers and major stockholders below. a (c) If applicant is a partnership, partnership or other business, so indicate principals below. limited and. name (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy lease, and indicate actual owners if not indicated on the lease. of X (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. The property is owned by Leo Petronzio, Marion B. Amato and John Cologiovanni. I AY 2 3 2000 o o Name of Agent McAnly Engineering and Design, Inc. 5435 Park Central Court Agents Mailing Address City Naples Telephone Number: Res: PUD ORDINANCE NAME AND NUMBER: State Florida Zip 34109 N/A Bus.: 593-3299 East Trail R.V. Park PUD Ordinance No. 91-91 o DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey {1" to 400' scale). 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 12 TOWNSHIP 51 South RANGE 26 East A parcel of land lying within Section 12, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described as follows: From the intersection of the South line of Section 12, Township 51 South, Range 26 East, Collier County, Florida, with the Southwesterly Right-Of-Way line of State Road #90 (U.S. Route 41, Tamiami Trail}, run N 54021' W, along said Right-Of-Way line for 1,500.00 feet to the POINT OF BEGINNING: thence S 35039' W, for 400.00 feet; thence S 54021' E, parallel with said Right-Of Way line, 500.00 feet; thence S 35039' W, for 319.9 feet, to the South line of. Section 12; thence S 89o54' W, along said South line, for 1,232.18 feet; thence N 35039' E, for 1,439.79 feet to the aforesaid Right-Of-Way; thence S 54021' E, along said line for 500.00 feet to the POINT OF Beginning, containing 20.198 acres, more or less, but subject to all legal highways. Address or location of subject property: The subject property is located on the south side of US-41 (East Tamiami Trail),approximately 3 miles east of S.R. 951. 2 ITEM MAY 2 3 2000 o Does property owner own contiguous property subject property? If so, give complete description of entire contiguous property. (If inadequate, attach on separate page). to the legal space is No TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: X Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN LAST YEAR? IF SO IN WHOSE NAME? No THE PETITION #: DATE: 10.. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE THERE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. IF ADDITIONAL SHEETS IF NECESSARY). YES, DESCRIBE: (ATTACH 3 2 3 2ooo AFFIDAVIT I, Samuel J. Durso, being first duly sworn, depose and say that I am President of Habitat for Humanity of Collier County, Inc., who is contract purchaser of the property, East Trail R.V. Park PUD, described herein and which is the subject matter of the proposed hearing; that all answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition as evidenced by the attached Agent Letter. See Agent Letter (attached) SIGNATURE OF OWNER SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~day of ~/~~, , 2000, by Dwight Nadeau, Planning Director of McAnly Engineering and Design, Inc. consulting firm acting as agent for Habitat for Humanity of Collier County, Inc. He is personally known to me and did not take an oath. Li'nda'K.'McMonigle ' ~ NOTA/~Y PUBLIC Commission #:547897 My Commission Expires: 4 2 3 2000 OFFICERS Samuel J. Durso. MD, PRESIDENT J. Wesley Blackwell EXECUTIVE VICE PRESIDENT Robert E. Caliga VICE PRESIDENT NAPLES OPERATIONS William H. Ramsay ViCE PRESIDENT IMMOKALEE OPERATIONS Thelma B. Wolgemuth VICE PRESIDENT Peter A. Schwiers TREASURER Don C. Lein CONTROLLER Charles C. Smith SECRETARY Douglas L. Rankin ASSISTANT SECRETARY DIRECTORS Alan L. Berckmann Karen Blackwell Mary Ann Durso Dorcas Howard Janet S. Loper Reid C. Richmond Edmund H. Sorerison Frederick A. Schultz Fred N. Thomas, Jr, George E. Wainscolt Duane Wheeler MeAnly Engineering and Design, Inc. 5435 Park Central Court Naples, FL 34109 RECEIVED JAN 2 2000 McANLY ENGINEERING AND DESIGN, INC. To Whom It May Concern: Please be advised that authorization is hereby given to the fnma of MeAnly Engineering and Design Inc. to act as agent for Habitat for Humanity of Collier County, Inc. in all actions relating to the permitting of a residential development on the following described lands: From the intersection of the South line of Section 12, Township 51 South, Range 26 East, Collier County, Florida, with the Southwesterly Right-Of- Way line of State Road ¢¢90 (U.S. Route 41, Tamiami Trail), run N 54°21'W, along said Right-Of-Way line for 1,500.00 feet to the POINT OF BEGINNING: thence S 35°39'W, for 400.00 feet; thence S 54°21 'E, parallel with said Right-Of-Way line, 500.00 feet; thence S 35039' W, for 319.9 feet, to the South line of Section 12; thence S 89o54' W, along said South line, for 1,232.18 feet; thence N 35°39'E, for 1,439.79 feet to the aforesaid Right-Of-Way; thence S 54o21' E, along said line for 500.00 feet to the POINT OF BEGINNING, containing 20.198 acres, more or less, but subject to all legal hiehways. ~ /,,~/~/~ , ~ Samuel/J'7 Durso, President Habitat for Humanity of Collier County, Inc. STATE OF FLORIDA COUNTY OF COLLIER /e foregoing instrument was acknowledged before me thise.g. ]'l~¢-day of -~r ,,,~ , 2000, by Samuel J. Durso, on behalf of Habitat for Humanity of Colg~er County, Inc., who is personally known to me, and who did not take an oath. NOTARY PUBLIC Commission Number: Witness my hand and seal This cx?['~r¢ day o f,ffCZ-rtCt tt r'~j¢-'72000 f,4AY 2 3 2000 MAIN OFFICE: 11550 Tamiami Trail East · Naples, Florida 34113 · (941) 775-0036 · Fax (941) 775-04¢.7 Pg' ~---'~'-'~ IMMOKALEE SATELLITE OFFICE: 640 North Ninth Street · Immokalee, Florida 34142 · (941) 657-4466 · Fax (94'~[~04~-' AGREEMENT FOR PURCHASE AND SALE Tlds Agreement for Purchase and Sale ("Agreement") is made and entered into as of the Effective Date (defined herein) by and between HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., 11550 East Tamiami Trail, Naples, Florida 34113 ("Purchaser"); LEO PETRONZIO, in care of Petronzio Management Company, 8228 Mayfield Road, SuitelA, Chesterland, OH 44026 (referred to as "Seller") and MICHAEL J. VOLPE, ESQUIRE, LAW OFFICES OF MICHAEL J. VOLPE, J.D., solely in its capacity as Escrowee (hereinafter described and defined). RECITALS: A. Seller is tile Fee simple mvncr of the Property (hereinaft. er defined). go Seller desires to sell, and Purchaser desires to purchase tile Property in accordance with and subject to the terms and conditions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the premises, tile representations, warranties, agreements, covenants and conditions herein contained, and other good and valuable consideration, the ----~eceipt and sufficiency of which is hereby acknowledged, Seller and Purchaser agree as follows: ARTICLE 1 .Definitions 1.1 Certain Definitions. When used herein, tile following terms shall have the respective meanings set forth below: Governmental Approval Contingencies: As defined in Section 11. l(b). Authorities: As defined in Section 1 l.l(b). Closing: Tile consununation of tile purchase and sale contemplated by this Agreement by the deliveries required by Article 13. Closing Date: The date of Closing which shall be thirty(30) days following expiration of all of the Approval Contingencies Period. Covenants: As defined in Section 7.5 herein. County.' Collier County. Curative Period: )mand: Deposit: As deftned in Section 5. I. As defined in Section 3.1 (b). $,~ The earnest money deposit(s)then made pursuant to Section 3.1 h[reof~'/-57/q' . any and all interest earned thereon. ] MAY 2 3 2000 Effective Date: Escrowee: Governmental Approval Contingency Period: Inspection Period: Intended Development: Permitted Title Exceptions: Propert),: Survey: Survey Objections: Title Commitment: Title Insurer: Title Objections: Title Policy: · Tile date that tile last one of Seller and Purchaser has executed this Agreement, without modification from the fom~ of this Agreement executed by the other, or if modifications are made to this Agreement, after its execution by the first of Seller and Purchaser, the date that the modifications are consented to by the other party as evidenced by the accepting party initialing such modifications. Michael J. Volpe, Esquire Law Offices ofMichael J. Volpe, J.D. 1400 GulfShore Boulevard North, Suite 218 Naples, Florida 34102 (941) 430-7070 (telephone) (941) 430-9755 (telefax) The period ending at 5:00 p.m. Eastem Standard Time on the two hundred and seventieth (270th) day following the Effective Date, unless extended pursuant to Subsection 11. l(b) below. The period dur/ng xvhich Purchaser shall have the right to investigate the Property as provided in Section 11.1(a) beginning on the Effective Date and ending at 5:00 p.m. Eastern Standard Time on the two hundred seventieth (270th) day following the Effective Date. Purchasers' intended use and development of tile Property as described in Article 14. Title and survey matters wh/ch Purchaser approves or is deemed to have approved pursuant to Section 5.1. The land located in Collier County, Florida and legally described and shown generally on Exhibit "A", together with all privileges, rights, easements, hereditaments, and appurtenances belonging to or benefiting such land. The survey of tile Property obtained by Purchaser and provided to Purchaser as provided in Article 4. As defined in Article 4. As defined in Section 5.1. Law Offices of Michael J: Volpe, J.D./Attomeys' Title Insurance Fund, Inc. or Commonwealth Land Title Insurance Company As defined in Section 5. I. As defined in Section 5.1 and which shall include all Survey Objections as provided for in Article 4. 2 3 200 Page 2 of 18 .................. 09/17/99 FRI 10:53 FAX 941 430 9755 Volpe Law Offices ~002 above. Broker hereby executes this Agreement for the sole purpose of agreeing to Article 12 herein WITNESSES: BROKER: BOFF INVESTMENTS, INC. Broker hereby executes this Agreement for the sole purpose of agreeing to Article 12 herein above. WITNESSES: BROKER: Wime_~l Signatur ' / 7~.~/' C_ L ~ ) / (~~ ~4/~ess #,1 Pnntcd Na. jjne a., Witness #2 Si~atu?~e ~d~ ~,,~,'/~ /4. ,,"-3 e9/--,~ Witness #2 Printed Name .) CAPE AND ISLAND REALTY. ,1999 MAY 2 3 2000 Page 15 of 18 The undersigned Escrowee hereby agrees to hold the Deposit in accordance with the terms of this Agreement. WITNESSES: ESCROWEE: LAW OFFICES OF MICHAEL J. VOLPE, J.D. ~Vitrtess #1 Bigbathe t ~' - MICItgL J~LPE,~squire WitnessN 1 Phnte~e ess ~2Ni~at~e e~n"~/O~ Dated: ~ ~ ~0 , 1999 witnes~2'P~ted N~e This instrument prepared by: MICHAEL J. VOLPE~, ESQUIRE LAW OFFICES OF MICHAEL J. VOLPE, J.D. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 \\servcr\','olpclawSX,:lient$ - real estate\habitat for hurnanilyXpurch~e from pctronzio~grccrnent for purchase and sale. rcviscd090999.doc Pno~ 16 nf'lR MAY 2 3 2000 LIST OF EXHIBITS Legal Description of the Real Property to be Conveyed to Purchaser. Request for Taxpayer Identification Number and Certification FIRPTA Affidavit NUMBER AND CERTIFICATION Page 17 of 18 606 ~t ~ .~.TRO.~ZIO (hu;b~n4 o£ 101 ~etro~zlo} s-~d I~DI~ARD la~TIIOI~XO (hu:b~nd of ~o.'.e Ann ?etronzio), th: C~n~tora vho e_lalz title ~y ~ t~8~ ln:t~nt, r~carded on Apr~ 19, 197~, ~ OR ~k$ ~87, ~nge 1.~, ~blic lceor~ or Collier County, ~b~dn, ~or-th~ eonolder~tion of T~ . '; v~11 ~c e072~ Colby Bond. ~Kcr Re.hi=. Ohio ~h122. ~va G~. '; .I }hl$ heirs ~d ~::ttn~ Foraver, ~ ~ch ~h~ ~ titl~ a~ re, the ~ gr~tor:, have br ~t to Mvo In un~ to tho Coll¢~in~ ~e¢cr!~cl ]' lan~: ~ an~ $tltc of H~lda and more ~11y dc~crikd is ioll~:: of~%y line of State Ro~d ~ (U.S, Route hl. T~t~ ~il)~ ~ 5h~ 21' V, ~on~ asid right-of-ray line for 1,~.~ feet ~ the ,{ {{ S 35' ~9' ~, ~on6 said ~uth line, for 1,~32,18 Fcetl ~enc~ M 39' R. for lh39.~ fc~ to_the ~fo~ca~d ~t~f-,~; t~nce $ 21' E. ~o~ =~d ~ne for 5~.~ feet to the ~in~ oC Co~l.~ 20.1~ acre=, ~re ~ less ~ subject ~.~ le~ lhcrc~to bclo~ to the I~id 6~tca~ hia hc~ ~ ~i~a. ~o that., 0.0. 2 3 2000 I' ~C~ACI T, SCOTT CL~A~ Of ClRCUff COU&T COLLI[R COUKTI.[LORIDA ' 21tlo t~h or ~dcr ~h~, ~h~l or ~1~ hcrc~eT cl~ ~ d~d a~ rl~h~ or ~,Itle to t~n prc~icc~, az herei~ dcccri~cd, or ~r~ pa.--t t~¢reofl ~u% they and c'/cry o,e of %hca 0B~I.I !~y +.hc~-e ~rc~ente Be exeludcd e~d forever b~rrc~. And £or v~u~blc condider~tion Z, Zd~ Fctronz~o (riTe of LEO PL'I~O]~[C rcmi:c. ~clc~:e and £orewr qu~-claL~ u~to ~hc cnfd ~tce, for v~.u~ble con~d~t~on ~, ~o~e ~n Pctr~zio.(~fc-ot 4o ~rc~ :~l~e, rclc~:c ~d ~orcver q~i~-cl~ ~to the ~r~ntcc, h~ holre end 13'~il~"~, ~ r~r right ~d e~cct=~ of ~ In the ~bo~c dcgcrlbcd 1~ WIT~5 ~a~F, ~c h~ herc~to sct our h~?~, thi~ .~' $TAT£ OF 0~I0 I Before ~c, a ~ot~tTr Publl~ ~ ~ fbr .~O~ZZO ~ ~Z ~ ~O~lO (~d ~ vice) vho ac~le~ed that ~ ~E~Z~ WI~F, I h~ve hcrc~to ~ct ~ ~M ~a offici~ left, . AGENDA ITF_I~ MAY 2 3 2000 EXHIBIT "C" FOREIGN TRANSFEROR AFFIDAVIT Section 1445 of the Internal Revenue Code provides that a transferee ("Purchaser") of a United States real property interest must withhold tax if the transferor ("Seller") is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a United States real property interest byLeo P~.4-ro,~z., o, Pl,~r;oa ,~ ., the undersigned certifies the following on behalf of 1. The United States real property interest that is the subject of the AIT]davit (the Property ) is legally described on Exhibit "A" attached hereto. 2. The Property is being transferred to tIo, I,;&,t l~lor;ot,. ~r? ("Transferee"),byl.,~,?',~r,,.~zio, /v~,a,~ 4o,,~to ~.,a .~ d ; ,, ; d , ^ l t ,t ("Transferor"). 3. Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or person, as those terms are defined in the Internal Revenue Code and the Income Tax Regulations. foreign 4. Transferor's United States Employer IdentificationNumber is o Transferor'sofficeaddressis ~'zz.~- ~,,~£;~lal Fdd, ~,'~,_ .~d 6. This Affidavit is being given pursuant to Section 1445 of the Internal Revenue Code to inform the Transferee that withholding of tax is not required upon this disposition of the Property, a United States real property interest. 7. The Transferor understands that this. certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained herein could be punished by fine, impr/sonment, or both. Under penalties of perjury, I declare that I have examined this Affidavit and, to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign the document on behalf of Transferor. Title: ta~,- ~,n e r Sgbscribed and sworn to before mTtJthi~/.~_/ ~yof Z£o [~o~ ~to · as ~ ~She has produced p~ ~ identi~afion ~d did t~e ~ oath. ,19 '~5 ,by~ Notary Public Printed Name: ']-'tAn To l) ,~ ~ 0 Stateof~ 4PH/o Commission No:.nuw~n.~,n ~...o,,, p,a,,,, My Page 18 of 18 MI~ ~p~re~ 08118~ MAY 2 3 2000 /.// STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY Naples Habitat for Humanity of Collier County, Inc. 11550 East Tamiami Trail STATE Florida ZIP 34113 ADDRESS OF SUBJECT PROPERTY (1~ AVAIl,ABLE): The project is located on the south side of US-41 (East Tamiami Trail), approximately 3 miles east of S.R. 951. LEGAL DESCRIPTION: Section: 12 Township: 51 South Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Range: 26 East 00738400008 See attached legal description e TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM [] [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [] [] [] MAY 2 3 2000 pg. e 10. 11. 12. TOTAL POPUI~TION TO BE SERVED: 250 PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK 115,625 GPD AVERAGE DAILY SEWER-PEAK 121,000 GPD AVERAGE DAII,Y 46,250 GPD 30,250 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: June, 2001 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of all construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAH,ABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for the pre-application meeting, if the project is to receive sewer or potable water services 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. MAY 2 3 2000 COLLIER COUNTY UTILITY DEDICATION I, Samuel J. Durso, as President of Habitat for Humanity of Collier County, Inc., hereby agree to dedicate the proposed water distribution and sewer collection facilities to be constructed in the Habitat Place project to Collier County. If applicable, Habitat for Humanity of Collier County, Inc. also agrees to pay the County Utilities Division system development charges and connection fees prior to the issuance of building permits by the County. Habitat for Humanity of Collier County, Inc. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~o day of ~ 2000, by Samuel J. Durso, on behalf of Habitat for Humanity of Collier County, Inc.~who is personally kno~d who did not take an oath. NOTARY PUBLIC Commission Number: Willless my hand and this ~ day of 2000. DANIF~ ~ r= Cos'rE COMMISSION I CCgOg~14 EXPIRES 2/9/2004 BONDED THRU ASA AGFJ~A ITF_~,~ /7d. MAY 2 3 2000 PS-_ HABITAT PLACE PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION A parcel of land lying within Section 12, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described as follows: From the intersection of the South line of Section 12, Township 51 South, Range 26 East, Collier County, Florida, with the Southwesterly Right-Of-Way line of State Road//90 (U.S. Route 41, Tamiami Trail), run N 54021' W, along said Right-Of-Way line for 1,500.00 feet to the POINT OF BEGINNING: thence S 35039' W, for 400.00 feet; thence S 54021' E, parallel with said Right-Of Way line, 500.00 feet; thence S 35039' W, for 319.9 feet, to the South line of Section 12; thence S 89054' W, along said South line, for 1,232.18 feet; thence N 35°39' E, for 1,439.79 feet to the aforesaid Right-Of-Way; thence S 54o21' E, along said line for 500.00 feet to the POINT OF Beginning, containing 20.198 acres, more or less, but subject to all legal highways. 1 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE 2000- AN ORDINANCE AMENDING ORDINANCE' NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORAIED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MA_P NLFMBERED 1612S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HABITAT PLACE PUD, REPLACING 115 RECREATIONAL VEHICLE LOTS WITH A MAXIMUM OF 100 SINGLE-FAMILY AFFORDABLE HOUSING LOTS, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41, APPROXIMATELY 3 MILES EAST OF S.R. 95l, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.20_+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-9l, THE FORMER EAST TRAIL RV PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAnly Engineering and Design Inc., representing Habitat for Humanity of Collier County, Inc., petitioned the Board of County. Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINlED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: THE BOARD OF COUntrY The Zoning Classification of the herein described real property. located in Section 12, Township 51 South. Range 26 East, Collier CounW, Florida. is changed from "PUD" to "PUD" Planned Unit Development in accordance xvith the Habitat Place PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 1612S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-91, known as the East Trail RV PUD, adopted on September 24, 1991 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. MAY 2 3 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PASSED AND DULY .ADOPTED bv the Board of County Commissioners of Collier C Florida, this day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjori~-M. Student Assistant County Attorney BY: TIMOTHY J. CONSTANTINE, CHAIRaMAN t ]. admauPLrD.914)5(I -2- BAY 2 3 2000 EXHIBIT "B" AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS ANT) RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of . 2000. by and between Habitat for Humanity of Collier County, Inc, the ("Developer") and the Collier County Bo.ard of County Commissioners (the "Comrmssion"). RECITALS: A The Developer owns a tract of real property described as (complete legal description~ A parcel of land lying within Section 12, Township 51 South, Range 26 East, Collier Countv, Florida, being more specifically described as follows: From the intersection of the South line of Section 12, Township 5t South, Range 26 East, Collier County, Florida, u,4th the Southwesterly Right-Of-Way line of State Road #90 {U S. Route 41, Tamiami Trml), run N 54021' W, along said Right-Of-Way line for 1,500 00 feet to the POINT OF BEGINNING. thence S 35039' W for ,10000 feet; thence S 54°21' E, parallel wi~h sa~d Right-Of Way line, 500 00 feet; thence S 35°39' W for 319 9 feet to the South line of Section !5: thence S 89054' W, along said South line for I 232.18 feet; thence N 35039' E, for 1 43c~ ?~ feet to the aforesaid Right-Of-Way; thence S 54021' E, along said line for 500.00 feet to the POINT OF Beginning, containing 20.198 acres more or less, but subject to all legal highways (The "Property.") The legal and equitable owners include: Leo Petronzio Marion B Amato. and John Colomovanni It is the Developer's intent to construct a maximum of 100 residential units (the '~Units"l at a density of 4 95 units per gross acre on the Property. The gross acreage of Property is 20 19 acres The number of affordable Units constructed by Developer shall be 00. representing i 00 ?ercent of the total number of residential Units in the development B In order to construct the Units, the Developer must obtain a (]ensitv bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No.90-89, which density bonus can only be granted by the Comrmssion in accordance with the strict limitations of said Ordinance C The Commission is willing to grant a density bonus to the Developer authorizing the construction of 39 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property - A~A iTEM ,: MAY 23 2000 NOW. THEREFORE. in consideration of the approval and granting of the density bonus or' [ c)5 units per acre requested bv the Developer and the benefits conferred thereby on the Property. and for other good and valuable consideration. the receipt and sufficiency' of which are hereby acknowledged. the Developer and the Commission hereby covenant and agree as follows Recitals The above recitals are true and correct and are incorporated herein bv rel~rence more than 100 Developer .Agreements. The Developer herebv agrees that it shall construct n__QO affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified bv the attached Appendix 3.. Exhibit A and Exhibit B. which ,Appendix is incorporated bv reference herein and consmutes a part of this Agreement Units at the Property which are not an affordable Unit ("Market Rate Units") shall be exempt fi-om the provisions of this ,Agreement and may be leased or rented by the Developer on the terms and conditions acceptable to the Developer in its sole discretion Within forty-five (45) days af the date that notice is received from the Commission. the Developer shall provide on-site management to assure appropriate secuntv. maintenance and appearance of the development and the dwelling Units a. The following provisions shall be applicable to the affordable Units: (I) Definitions .Any and all definitions provided bv Ordinance No 90-89. as amended. are hereby incorporated by reference. Phasing shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan. subdivision master plan or site development plan: or (b} in developments where phased construction ~s not depicted on a PL'D master plan. subdivision master plan or me development plan. the construction of buildings or structures m a clearix' defined series of starts and finishes that are separate and distinct ~ithin the development (2} Base Rent The momhlv base rent for the affordable L'nits shall be in accordance with the rents specified in the attached Appendix A. Exhibit A The monthly rent mav be increased each year from the date of this Agreement as long as the rent does not exceed one- twelfth (I,'12) of 30 percent of an amount which represents 50 percent (for very low incomet. and 60 percent Ifor low income) of the then applicable median adjusted gross annual income for the household as published annually bv the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical .Area (MSA) The foregoing notwithstanding. any rent charged for an affordable housing unit rented to a low income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development AC~EIq,DA ITI:.,.. MAY 2 3 2000 (3) Median Income For the purposes of this Agreement. the median income of the area as defined bv the U.S Department of Housing and Urban Development IHUD) shall be the then current median income for the Naples Metropolitan Statistical Area. established periodically bv HUT) and published in the Federal Register. as adjusted for hmilv size as shown on the tables attached hereto as Appendix A. Exhibit C. which Exhibit shall be adiusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency In the event that HUD ceases to publish an established median income as aforesaid, the parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. {4) Eligibility and Qualification of Tenant Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant: 2) verification of family housing unit provided under the affordable housing density bonus pro.am prior to being qualified at the appropriate level of income (low or very low income) in accordance with this Section. The Developer shall be responsible for qualifying tenants bv accepting applications t:rom tenants. verifying income and obtaining income certification for all affordable units in the subject development All applications. forms and other documentation required by this A~eement shall be proreded to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission (a) Application. A potential tenant shall apply to the developer. owner, manager. or agent to qualify. as a low or very low income family for the purpose of purchasing and occupying an affordable housing unit pursuant to the affordable housing density bonus program The Preliminary Application for Affordable Housing Unit shall be provided bv the Housing and Urban Improvement Director as shown in Appendix B, Exl~ibit ,& attached to this Agreement and mcorporated bv reference herein. lb) Income Verification and Certification No affordable housing Unit in the development shall be sold to a tenant whose household income has not been verified and certified in accordance with this A?eement and Ordinance No 90-89. as amended. as a low or very low ~ncome family Tenant income verification and certification shall be repeated annually to assure continued eligibility (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to veri~, all regular sources of income (including the entire household) The most recent yea.r's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information. tenant verification of the return. and a signatur~ 3 MAY 2 3 2000 date of application The verification shall be valid for up to ninety (90) days prior to occupancy Upon expiration of the 90 day period. the informanon may be verbally updated from the orimnal sources for an additional 30 days, provided it has been documented by the person preparing the original ~,enfication .After this time. a new verification form must be completed The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B. Exhibit B. attached to this Agreement and incorporated bv reference herein. Id) Income Certification. Upon receipt of the Preliminary. Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form. the housing unit under the affordable housing density bonus program The Affordable Housing Applicant Income Certification form shall be provided bv the Housing and Urban Improvement Director as shown in Appendix B. Exhibit C. attached to this Agreement and incorporated by reference herein (e) Rental Agreement At a minimum. the rental agreement shall include the lbllowing: (11 name. address. and telephone number of the head of household and all other occupants: l ii) a description of the unit to be rented: {iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitonng and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties Random inspection of files containing required documentation to verify. occupancy in accordance with this Agreement and Ordinance No 90-89. as amended. mav be conducted bv the Housing and Urban Improvement Director (5) Disqualification of Tenant In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee. then such tenant shall be reqmred to vacate the affordable unit If tenant vacation of the affordable unit is the result of an error. omission or misrepresentation made by Developer. tenant shall vacate the affordable umt within thirty 130) days and Developer shall pay penalties as provided by the momtonng and enforcement program If tenant vacation of the affordable unit is the result of a misrepresentation made bv the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penaltie~ as provided by the monitoring and enforcement program. Such eventually/ shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent amendments thereto The report shall be filed on or before September 30 of each l'a,'ear~,t~~ lvlAy 23 2000 report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50 00) per day unless a written extens,on not to exceed thirty (30) days i5 requested prior to expiration of the sixty (60) day submission deadline No more than one such emension may be granted in a single year (% Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or bv a resident manager Density Bonus The Commission hereby acknowledges that the Developer has met all required conditions to qualify. for a density bonus, in addition to the base residential density of 3_units per acre. and is therefore granted a density bonus of I 95 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 39 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No 90-89 The Commission further agrees that the Developer may construct thereon. m the aggregate a maximum number of 100 units on the Property provided the Developer is able to secure building, permit(s) From Collier County 4 Commission Agreement During the term of this .Agreement. the Commission acting through the Housing and Urban Improvement Department or its successorIs) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit 5 Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent. sell or occupy, or attempt to rent. sell or occupy. an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement: or to knowingly ,._,..ave false or misleading information with res~)ect to any informauon required or requested bv the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them by the Ordinance Collier County or its designee shall have full power to enforce the terms of this Agreement The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by cnrmnal enforcement pursuant to the provisions of Section 125.69. Florida Statutes, or by civil enforcement as allowed by law. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enfor d bef~i~ 5 :* 4A¥ 23 2000 i Code Enforcement Board. then a Notice of Violation shall be issued and sent bv the Housing and Urban Improvement Director by certified return-receipt requested L' S Mail, or hand-delivery to the person or developer m violation of the Ordinance The Notice of Violation shall be in writing. shall be signed and dated by the Housing and Urban Improvement Director or such other Count,,' personnel as may be authorized by the Board of County Commissioners. shall sp¢ci~ the violation or violations. Section of this Agreement or of Ordinance No.90-89 or subsequent amendments thereto violated. name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board c Certificate of Occupancy In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No 90-89. as amended. at the option of the Commission. building permits or certificates of occupancy. as applicable. may be withheld for any future planned or otherwise approved unit located or to be located upon the Proper~y until the entire project is in full compliance with this Agreement and with Ordinance No ~0-89. as amended ~,ssignment bv Commission The Commission mav assign all or part or' its obligations under this Agreement to any other public agency having jurisdiction over the Propert,,- provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations. or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission. which consent may be withheld for any reason whatsoever Any attempt to assign the duties, obligations, or promises under this ,Agreement to any successor in interest to the Property' without the express written consent or' the Commission as required by this Section shall be void ab initio Severability If any section. phrase. sentence or portion of this Agreement is lbr any reason held invalid or unconstitutional by any court of competent jurisdiction. such pomon shall be deemed a separate. distinct. and independent provision. and all other provisions shall remain effectwe and binding on the parties 8 Notice Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail. postage prepaid, to the parties at the following addresses: To the Commission: To the Developer: Housing & Urban Improvement Dept 2800 N Horseshoe Drive Naples. Florida 34104 Habitat for Humanity of Collier County, 11550 East Tarmama Trail Naples Florida 34113 Any panv may change the address to which notices are to be sent bv notifying the other party of such new address in the manner set forth above 9 Authority to Monitor The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvemere or his designee shall have the authority to monitor and enforce the Developer's obligations hereunder. 10 Indemnify The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers. employees, and agents hamless from and against any and all claims, penalties. damages, losses and expenses, professional fees, including, without limitation. reasonable attorney's fees and all costs of litigation and judgments arising out of any claim. willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11 Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions. and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any t~me and from time to time until this Agreement is terminated in accordance with Section la below However, the parties agree that if Developer transfers or conveys the Property to another person or entity., Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13 Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs. successors. and assigns. Terrmnation. Each affordable housing unit shall be resmcted to remain and be maintained as the type of affordable housing rental unit (low or verv low income) designated in accordance with this Agreement for at least fifteen ~15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terrmnate upon a date mutually agreed upon by the parties and stated in writing. 15 Modification. This Agreement shall be modified or amended only by the written agreement of both parties 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin. familial status, or handicap. AGENDA ITEM MAY23 2000 When the Developer advertises. rents, sells or maintains the affordable hous~m, unit. it must advertise, rent, sell. and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing umt. c. The Developer a~ees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units d The affordable housing units in the development shall be identified on all building plans submitted to the County and described in the Developer Application tbr ,Affordable Housing Density Bonus e The affordable housing units shall be intermixed with, and not segregated from. the market rate dwelling units in the development, £ The square tbotage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development All physical amenities in the dwelling umts. as described in item number seven 17) of the Developer ,Application .&fiordable Housing Density Bonus shall be the same for market rate units and affordable units For developments where construction takes place in more than one phase. all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate umts and the affordable units in each phase Units in a subsequent phase may contain different amenities than units in a previous phase so lone as the amenities for market rate umts and affordable units are the same within each phase and provided that m no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17 Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part or' each phase or' the development on the Property' Developer commits to 100 percent affordable housing units tbr this project. with 100 percent of the units in each phase as bmlt consisting of affordable units 18 Disclosure. The developer shall not disclose to persons, other than the potential tenant. buyer or lender of the particular affordable housing unit or units. which units in the development are designated as affordable housing units. 19 Consistency This Agreement and authorized development shall be consistent with the Grouah Management Plan and land development re~trulations or' Collier Count',' that are in effect at the time of development Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number. type of affordable housing units and the amount of affordable housing density. bonus approved for 8 the development YiAY 2 3 2000 20. Affordable Housing Density Bonus Development Agreement. This Agreement ,s a distinct and separate agreement from development agreements as defined bv Chapter I63 3220. Fla Star (1989) and as amended Preapplication Developer has executed and submitted to the Development $er~qces Director the Developer Application for .Affordable housing Density Bonus. a copy or' which is attached to this Agreement as Appendix C and incorporated bv reference herein 22. Governing Law. This Agreement shall be governed bv and construed in accordance with the laws of the State of' Florida include but not be limited to any document requested by the Developer to exhibit that this &greement has ternunated in accordance with the provisions of paragraph 14 above IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and .,,'ear first above written. .ATTEST: DWIGHT E BROCK. Clerk BOARD OF COL2NTY COMMISSIONERS COLLIER COUNTY. FLORIDA Bv Timothy J Constantine, Chairman DEVELOPER Habitat for Hum.,anity.,ot}Collier County, Inc Dr Sanm~J Durso, M.D, President \vproved as to tbrm and legal sufficiencv Heidi F Ashton .\ssistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real' Property. was acknowledged before me by WITNESS my hand and official seal this __ day of .2000 Notary Public MAY 2 3 2000 RE~TAL APPENDIX A. EXHIBIT A NUMBER OF .AFFORDABLE HOUSING UNITSfMONTttI,Y BASE RENTS LOW INCOME Efficiency ! Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL NUMBER OF UNITS BASE RENT Single Multi Single Multi Familv Family Familv Familv VERY LOW INCOME Efficiency I Bedroom 2 Bedroom 3 Bedroom ~ Bedroom TOTAL I00 I00 { 1) Base residential density allowed in this development : urn(s/acre 12) Gross acreage 20 2 (3) Mayamum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89 I 95 units/acres. /4) Gross residential density of this development (including affordable housing density bonus urals) 4 95 units/acre 15'} Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 100 o ~ I0 .... APPENDIX A. EXHIBIT B .AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7. Ordinance No. 90-8% provides for calculation of a density 'bonus for developers pledging to construct affordable units within their development [nctuded in this Exhibit B are restructions for and the tables with which to calculate the densitv bonus ~br a particular proiect Exhibit C contains the current median income and acceptable rents tknr low and very low income households in Collier County The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be santed for a development based on household income level. number of bedrooms per affordable housing unit. type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development To use the affordable housing density bonus rating system. Tables A and B. below. shall be used Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First. choose the household income level (moderate. low, or verv low) of the affordable }musing unit(s) proposed in the development. and the type of affordable housing units Iowner-0ccupied or rental, single-family or multi-family. ,,,,'here applicable} to be provided, as shown in Table A Then. referring again to Table A_ choose the number of bedrooms proposed for the affordable housing unitls) An affordable housing densitv bonus rating based on the household income level and the number of bedrooms ~s shown in Table A After the affordable housing densitv bonus rating has been determined in Table A. locate it in Table B. and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling umts in the development From this determination, Table B will indicate the manmum number of residential dwelling units per gross acre that may be added to the base density These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing densit'5.' bonus equal the lower of the two percentages it lies between plus I/lOth of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development For example, a development which has 24% of its total residential dwelling umts as affordable housing units. and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus t AHDB) of 44 residential dwelling units per gross acre for the development Where more than one t.vpe of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development. the affordable housing density bonus tbr each type shall be calculated separately in Table B :\her the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B. the affordable housing density bonus for each type of unit shall be added to those for the other typels} to determine the maximum affordable housing density bonus available for the development. fn no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre 1l AGEIqDA ITEM MAY 2 3 2000 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD [NCOME 2 EFFICIENCY AND 1 3 OR MORE MODERATE (OWNER-OCCUPIED. SINGLE-FAMILY3 LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY~ VERY [.O\V (O~&%'ER OCCUPIED OR RENT-\L. SINGLE-FAMILY OR MULTI-FAMILY'I 0 l* 2 ; 4 4 *For cjuster housing developments in the Urban Coastal Frin~,e. add 1 density bonus to obtain 2 TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATING % OF ,AFFORDABLE HOUSI'NG L.'NITS t0% 20% 30% 40% 0 0 l 2 Please calculate your density bonus in the space provided below. Attach additional pages if Hecessal~y. APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR TIlE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners. December 16, 1992, moderate income is 61% to 80% of the median income. low income is 51% to 60% of the median income and very. low income is less than 50% of the median income. $59,100 MEDIAN INCOME 1999 Naples. MSA (Collier County.) NUMBER OF MEMBERS IN FAMILY _1 2 3 4 n 6 ' 8 100% 41.400 47.300 53 200 59,100 63.800 08.600 73,300 78.000 S0% 33.100 37,800 42,550 a7.300 51,050 54.850 5S.650 62,400 70% 24,840 28.380 31.920 35.460 38.280 41.160 43,980 40.800 50% 20,700 23.650 26,600 29.550 31,900 34300 X6.650 39.000 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 1999 data from FHY'C Utility costs are provided from the Countv's Section 8 Rental Assistance Program which is administered bv the Collier County Housing Authomv HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOM THREE BEDROOM F'OUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,108 1330 1,536 1,714 80% 886 t,063 1,229 1,371 00% 065 798 921 1.029 <0% 554 665 -68 857 LOCATION Naples and Coastal Collier County Immokalee and East of Everglades Bird Golden Gate UTILITY :~,LLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT [INIT 71 00 91.00 12800 15600 67 00 106.00 148 00 17300 0600 14400 18600 211 00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. :7den.s~t-,bonu~/inc&.rent rev 2/99 13 MAY 2 3 2000 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired Your Name Co-Tenant Name Present Address __ Date of Application:__ .Amt. Of Sec. Deposzt:__ Race/National Origin Handicap: Yes __ Race/National Origin Handicap: Yes __ No __ Name of Landlord Landlord's Address Street City State Zip Telephone How Long at this Address: __ Street City State Zip Telephone No. If you have resided at your present address less than 3 years. please state previous address: Street Telephone No Name or' Previous Landlord City State Zip Street Telephone No. APPLICANT: Present Employers Name City State Zip Address and Telephone No How long with Present Employer' Title Gross Salary Hourly $ Social Security Number Previous Employers Name Weekly $ Job Every" Weeks $ Monthly $ Birth Date --- Address and Telephone No How long with Pre;4ous Employer CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Job Title 14 MAY 2 3 200O Gross Salary: Hourly $__ Weekly $ Social Secuntv Number Previous Employers Name Address and Telephone No How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCL~Y APARTMENT BIRTH DATE Every 2 Weeks $ Birth Date __ Monthly $ SEX AGE SOCIAL SECURITY PERSONAL REFERENCES (Not Relatives} I Name Address: ~ Name Address: ,. How Long Known:__ How Long Known:__ 15 AGENDA ITEM MAY 2 3 2000 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date Apphcant's Name Socmt Security Number Co-Tenant's Name Socmt Security Number Present Address: Street City State Zip Telephone No. [herebv make application for an apartment at Apartments I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds. real property rent, sale or ownership is a fraudulent act punishable by law Knowingly falsifying information on this form is cause for refusal of occupancy hereby certify. that this will be my permanent residence and that I have no other assisted housing. [ understand that this information is for the purpose of computing mv annual income to determine my qualification to renubuy an affordable housing unit I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Tenant .&mount Frequency .&mount Frequency Received of Pay Received of Pay Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unemployment Workman's Compensation Welfare Food Stamps Social Security Social Security Disability Supplemental SSI Family Assistance Child Support Veterans Benefits Widows Benefits Union Pension Self-Employment Business, Silent Partner. etc Private Insurance Pension TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCI_FPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT 16 MAY 2 3 201]g APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT IN'COME VERIFICATION APPLICANT: Present Employer Job Title Address~ Street [, (Applicant) on this verification form. City State Zip hereby authorize the release of information requested Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this day of My Comnussion Expires: · 1998 Notary. Public EMPLOYER VERIFICATION Applicant's Gross Annual Income or Rate or Pay: 5, Number of Hours Worked (Weekly) __ Frequency of Pay Amount of Bonuses, Tips, or other Compensation Received: $ Monthly .~nnuallv STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this __ day of Supervisor ,1998 My Cormmssion Expires: Notary Public THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEARS INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT j d/f/dem;ffybon usYappb 17 ,~GEND A ITEM HAY 2 3 2000 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE ItOUSING DENSITY BONUS IS MAY 2 3 2000 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier Countv Affordable Housing Density Bonus Ordinance No 00-89. Section o 4. please complete this tbrm and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104 A copy must also be provided to the Housing and Urban Improvement Director MI items requested must be provided Please state what zoning districts are proposed by the applicant. if any, on the property and the acreage of each: PUD Planned Unit Development (East Trail R.V Park) 2020 acres Density bonus? X Yes If yes. state date of application the Ordinance number Has an application for rezoning been requested in conjunction with the affordable housing ~O and if the request has been approved. state Gross density of the proposed development 4 95 units:acre Oross acreage of the proposed development 20 20 acres Are affordable housing density bonus units sought in conjuncuon with an application for a planned unit development (PUD)? X Yes __ No. If yes, please state name and location of the PUT) and any other identifying information East Trail R.V Park PUD to be rezoned to Habitat Place PUD located in the South Half of Section 12, Township 51 South. Range 26 East, Collier County, FL Na_rne or'applicant Habitat tbr Humanity of Collier County Inc Name of land developer if not the same as Applicant Please complete the following tables as they apply to the proposed development TABLE I Total Number of Units in Development Type of' Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom 19 AGENDA ITEM HAY 2 3 2000 Three Bedroom Other Bedroom IOTA L TABLE II 100 100 Number of .Affordable Housing Units Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Owner Owner Rental Occupied Rental Occupied *!ODERATE INCOME Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME Efficiency I Bedroom 2 Bedroom TABLE II (Continuedl 3 Bedroom Other - IOTA L VERY LOW INCOME Efficiency I Bedroom Total Number of Affordable Units in Development Proposed Use tbr Density Bonus Units Rental Owner Rental Owner Occupied Occupie_d 2O A C_.-~NO A ITEM MAY 2,3 2000 2 Bedroom 3 Bedroom Other TOTAL 1oo 100 7 Please promde a physical description of the affordable units by type of unit (moderate, low. very low income'l and by number of bedrooms. Include in vour description. for example. the square footage of each type of unit. floor coverings used throughout the umt (carpeting, tile. vinvl flooring). window treatments: appliances provided such as washer/dryer. dishwasher. stove. refrigerator. bathroom amenities. such as ceiling exhaust fans; and anv other amenities as applicable. Attach additional pages Habitat for Humanity. of Collier Count, Inc. builds only style house. The house is 28 feet deep by 38 feet wide with no garage or carport. The houses are for very low income families only'. There are three bedrooms and one bathroom. The bathroom has two sinks, one toilet, one tub, one medicine cabinet and two towel racks. The units have central air conditioning and one ceiling fan in the living room. They are well insulated with RI9 ceilings and RI 1 walls. There is vinyl tile floor coverings throughout. Habitat provides the homes with brand new WhirlpoolTM refrigerator, stove, washer and dryer. LevelorTM blinds are standard in the bedrooms and bathroom. The houses are wood frame construction and vinyl siding. 8 Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. 21 MAY 2 3 2000 EXECUTIVE SUMMARY PUD-99-05(1), ANITA L. JENKINS, AICP OF WILSON MILLER, INC., REPRESENTING LONG BAY PARTNERS, LLC, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MEDITERRA PUD HAVING THE EFFECT OF INCREASING ACREAGE FROM 943+ ACRES TO 954+ ACRES, FOR PROPERTY LOCATED WEST OF 1-75 ALONG THE LIVINGSTON ROAD EAST/WEST CORRIDOR IN SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to rezone ten (10) acres of land for "A" Rural Agricultural to "PUD" and to consolidate said ten (10) acres into the current Mediterra PUD. CONSIDERATIONS: The subject property is located on the west side of Livingston Road approximately three miles north of Immokalee Road and is surrounded on three sides by the Mediterra PUD. This petition is intended to consolidate ten (10) acre parcel of land adjacent to the west side of Livingston Road, which had been surrounded on three sides by the current Mediterra PUD Master Plan. No additional dwelling units are being requested, however the Master Plan is being revised to indicate a residential use of the consolidated property. Mediterra was approved as a mixed residential use development. The annexed parcel will do nothing to change the intended uses. The subject property lies within the Urban-Mixed Use-Urban Residentially designated area iljustrated on the Future Land Use Map of the FLUE to the GMP. Land Use: Land within the urban residentially designated area may be rezoned to allow the total range of dwelling unit types. The subject land as iljustrated on the Mediterra PUD Master Plan to which it is to become a part will be used for residential purposes, although no additional dwelling units to the Mediterra PUD are being requested with this rezoning action. The use of this property for residential purposes is seen as compatible with adjacent development, which is intended to be residential in nature together with its accessory golf course/open space system. Density: No additional density is created by this rezoning action. Normally, the subject property would qualify for up to four (4) dwelling units per acre for a total of forty (40) units. The Mediterra PUD is authorized to construct 750 dwelling units. The subject property will utilize some of the current authorization. As a result of this the gross density for the Mediterra PUD will be slightly reduced from its current level of 0.8 dwelling units per acre. Traffic: In view of the fact that no additional dwelling units are authorized by this rezoning action, there are no impact on traffic. Open Space/Conservation Element: The current approved Mediterra PUD far exceeds the minimum thresholds required for open space and conservation preservation. The annexation of an additional ten (10) acres will not measurably impact those thresholds. Sewer and Water: The subject property will become an integral part of Mediterra which will be connected to Collier County's sewer and water system. All of the land in Mediterra will be connected to a system of seer and water utilities, which in turn will be connected to the County's system. These characteristics make the project consistent with the sewer and water element. Stormwater Management Element: The surface water management for Mediterra will be reviewed by the South Florida Water Management District and is therefore exempt from local review and approval. In view of the above, staff is of the opinion that approval of the Mediterra PUD as structured by the PUD document and master plan is consistent with all appreciable elements of the Collier County Growth 'Management Plan. FISCAL IMPACT: There is no fiscal impact to the action to rezone and thus consolidate an additional ten (10) acres of 1 and into the current Mediterra PUD because no additional dwelling units or other land use impact is being added to that which is already approved. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no / Historical, Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity any 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 contracted. EAC RECOMMENDATION: 2 This petition did not meet the threshold requirements which dictate EAC review and recommendation. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-05(1) being a petition to rezone certain property to the Planned Unit Development district, and to incorporate same into the existing Mediterra PUD and regulated by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document and Master Plan). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of Petition PUD-99-05(1) being a petition to rezone certain property to the Planned Unit Development district, and to incorporate same into the existing Mediterra PUD and regulated by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document and Master Plan). CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPRO~Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE PUR-99-05(1 ) EX SUMMARY/mr 3 AGENDA ITEM 7-H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & DATE: RE: APRIL 20, 2000 PETITION NO: PUD-99-05(1 ), MEDITERRA PUD OWNER/AGENT: Agent: Anita Jenkins, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Owner: Long Bay Parmers, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 REQUESTED ACTION: This petition seeks to rezone ten (10) acres of land from "A" Rural Agricultural to "PUD" and to consolidate said ten (10) acres into the current Mediterra PUD. GEOGRAPHIC LOCATION: The subject property is located on the west side of Livingston Road approximately three miles north of Immokalee Road and is surrounded on three sides by the Mediterra PUD. (See location map on following page) 1 i ~URPOSE/DESCRIPTION OF PROJECT: This petition is intended to consolidate a ten (10) acre parcel of land adjacent to the west side of Livingston Road, which had been surrounded on three sides by the current Mediterra PUD Master Plan. No additional dwelling units are being requested, however the Master Plan is being revised to indicate a residential use of the consolidated property. Mediterra was approved as a mixed residential use development. The annexed parcel will do nothing to change the intended uses. SURROUNDING LAND USE AND ZONING: Added Land Area: Existing: The property is partially developed containing two residences and is zoned "A" Rural Agricultural. Surrounding: The added land area is surrounded on three sides by the Mediterra PUD now in its initial development phase. GROWTH MANAGEMENT PLAN CONSISTENCY: '-"q,.e subject property lies within the Urban-Mixed Use-Urban Residentially designated area iljustrated the Future Land Use Map of the FLUE to the GMP. Land Use: Land within the urban residentially designated area may be rezoned to allow the total range of dwelling unit types. The subject land as iljustrated on the Mediterra PUD Master Plan to which it is to become a part will be used for residential purposes, although no additional dwelling units to the Mediterra PUD are being requested with this rezoning action. The use of this property for residential purposes is seen as compatible with adjacent development, which is intended to be residential in nature together with its accessory golf course/open space system. DensiW: No additional density is created by this rezoning action. Normally, the subject property would qualify for up to four (4) dwelling units per acre for a total of forty (40) units. The Mediterra PUD is authorized to construct 750 dwelling units. The subject property will utilize some of the current authorization. As a result of this the gross density for the Mediterra PUD will be slightly reduced from its current level of 0.8 dwelling units per acre. Traffic: In view of the fact that no additional dwelling units are authorized by this rezoning action, there are no impacts on traffic. 2 Open Space/Conservation Element: The currently approved Mediterra PUD far exceeds the minimum thresholds required for open space and conservation preservation. The annexation of an additional ten (10) acres will not measurably impact those thresholds. Sewer and Water: The subject property will become an integral part of Mediterra which will be connected to Collier County's sewer and water system. All of the land in Mediterra will be connected to a system of sewer and water utilities, which in turn will be connected to the County's system. These characteristics make the project consistent with the sewer and water element. Stormwater Manallement Element: The surface water management for Mediterra will be reviewed by the South Florida Water Management District and is therefore exempt from local review and approval. In view of the above, staff is of the opinion that approval of the Mediterra PUD as structured by the PUD document and master plan is consistent with all appreciable elements of the Collier County 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. 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 any historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Department. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions, these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. 3 i ~ALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a fact of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting.requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a ~..f~vorable determination must be based. This evaluation is intended to provide an objective, mprehensive overview of the impacts of the proposed land use change, be they positive or negative, ,~alminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comments, and form the basis of a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. 4 All of the property is located within the Urban Residential area of the Future Land Use Map to the FLUE and the GMP. Given the availability of a potable water system and wastewater collection system and the ui-ban influence impacting this area, it is timely that this land now be rezoned to an urban residential zoning classification. The subject property is surrounded by the currently approved Mediterra and when rezoned will be woven into the unified plan represented by the Mediterra revised PUD Master Plan. This type of in-fill development maximizes public infrastructure, and, is therefore seen as preferential to a development which tends to require the extension of urban infrastructure. In-fill development also minimizes the tendency for untimely development along the fringes of the urban boundary which encourages urban sprawl. Compatibility - The residential development of the subject land is compatible with existing and planned development in the area. The current Mediterra PUD would have resulted in residential development and related golf course construction on three sides of the property. Opposite Mediterra lies the recently approved Ronto/Livingston residential golf course community. Clearly the annexation of these ten (10) acres and its inclusion in the Mediterra PUD Master Plan is preferable to its development independent from Mediterra and can be determined to be compatible with its proposed environment. Traffic - As described under GMP consistency the Mediterra PUD development strategy will not reduce transportation LOS thresholds below the requirements established by traffic element goals, objectives and policies and was determined to be consistent with those goals, objectives and policies. Even though an additional ten (10) acres is being added, no additional dwelling units are being requested, therefore there is no additional traffic impact caused by this rezoning action. PUD Document and Master Plan - The subject land will be made subject to the same development standards as currently approved for the Mediterra PUD. The Master Plan is revised to include the annexed parcel to identify both residential and golf course use of the subject property. STAFF RECOMMENDATION: That the Collier County Planrang Commission recommend approval of Petition PUD-99-05(1) being a petition to rezone certain property to the Planned Unit Development district, and to incorporate same into the existing Mediterra PUD and regulated by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document and Master Plan). 5 PREPARED BY: RONALD F. NINO CURRENT PLANNING MANAGER RE~D BY: PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DE¥. AND ENVIRONMENTAL SVCS. :tition Number PUD-99-05(1) Staff Report for the May 4, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/admm/PLq3-99-05( 1 ) STAFF REPORT,~N/im DATE DATE DATE 6 FINDINGS FOR PUD PUD-99-05(1) Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economies of scale relative to public utilities, facilities, and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: {i) As with all actions that intensify urban development patterns, there is some loss to travel time for users of the same arterial road system. Summary Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies, which require 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. o Adequacy of evidence of urnfled control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those pioposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: (i) Evaluation not applicable. Summary Finding:Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and polices of the Growth Management Plan. Con: (i) None. Summary Finding:The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use- Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan as noted below: Future Land Use Element - Consistency with FLUE requirements is further described as follows. Residential Density - Approval would authorize no additional dwelling units. This is consistent with the density rating system to the FLUE. Land Use - The urban residential sub-district allows all residential structure types and other uses normally found in a residential environment such as recreational accessory uses and golf course development. -2- o Traffic Circulation Element - Analysis of the subject petition concluded with a finding for consistency with the policies of the TCE. Recreation and Open Space Element - The existing Mediterra PUD to which the subject property is to be annexed already satisfies those required thresholds. Other applicable element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Mediterra PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationships 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 or sequence of development in light of concurrency requirements is not a significant problem. (See finding No. 1, also applicable for this finding) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely because supporting infrastructure is available. o Conformity with PUD regulations, or as to desirable modifications of such 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. 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 particular housing structures and associated area requirements. g.,adminWindings PUD-99-05( 1 )/RN/im -4- REZONE FINDINGS PETITION PUD-99-05(1) Section 2.7.2.5. of the Collier County Land Development Code requ'u'es that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan for Collier County and all other elements, their objectives and policies. Compamon PUD Findings evaluation as well as the adopted CCPC staff report addresses this same finding. 2. The existing !and use pattern. Pro/Con: Evaluation not applicable. e The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Summary Findings: The parcel is to be annexed to the Mediterra PUD and therefore will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a part of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development, supports the timing relationship and justifies revisiting the PUD and amending its development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findint!s: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Con: (i) Urban Mixed-Use development may not coincide with resident's desire to maintain a natural atmosphere. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. 2 (iii) Con: (i) The goal of establishing a more traditional neighborhood with its own convenience services and recreational facilities should constitute a public benefit by discouraging external trips and therefore conserving highway capacity. As urban intensification increases, there is some loss of comfort and east of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. Summar~ Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem. Pro: (i) These relationships will be resolved by the current Mediterra PUD in which road improvements precipitated by the development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. The water management system to serve the project will consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheetflow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. 3 10. 11. 12. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) Urban intensification typically increases the value of adjacent or undemtilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con: (i) None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property 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 Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. 4 13. 14. 15. 16. Summary Findines: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the'public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Summary Findines: The subject property is zoned Rural Agriculture "A" and "PUD" Planned Unit Development. To deny this petition would deprive the owner of any reasonable use of the property consistent with the goals, objectives and policies of the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro/Con: Evaluation not applicable. Summary Finding, s: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findines: This site is zoned "A" Rural Agricultural and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The site will be altered to the extent necessary to execute the development strategy. 5 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summaw Findines: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. g,admin/PUD-99-05(1 )REZONE FINDINGS RN/im 6 APPLICATION FOR 'PUBLIC HEARING FOR: Petition No? *' TM ,3 Commission District: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Applicant's Mailing Address City Bonita Springs Applicant's Telephone #941-495-1000 Name of Agent Anita Jenkins, AICP Firm WilsonMiller, Inc. Long Bay Partners, LLC 3451 Bonita Bay Boulevard, Suite 202 State FL Zip 34134 Fax # 941-992-2672 Agent's Mailing Address City Naples Agent's Telephone # 3200 Bailey Lane, Suite 200 State FL 941-649-4040 Fax # Zip 34105 941-643-5716 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock Please refer to Attached Exhibit "A." 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 -2- do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership eo If there is a CONll~CT 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, parmership, or trust. Name and Address go Date subject property acquired [] leased [] _ Term of lease ~ yrs./mos. If Petitioner has option to buy, indicate date of option: 12/15/99 date option terminates: N/A , or anticipated closing date and -3- 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.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an cngineer's certification or sealed survey may bc required. Section: 12 Township: 48 South Range: 25 East Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: Survey of Quinn Parcels Please refer to Exhibit "B", Map of Boundary_ Size of pro0ertv: +660 ft. x +660 ft. = Total Sq. Ft. 435,600 Acres 10 Address/general location of subject property: Approximately one mile north of future east-west Livingston Road, and adiacent to proposed north-south Livingston Road Adjacent zoning and land use: Zoning N PUD S PUD E "A" W PUD Land Use Mediterra PUD (undeveloped at this time) Mediterra PUD (undeveloped at this time) Rural Agricultural Mediterra PUD (undeveloped at this time) Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate. attach on separate page). Section: 11, 12 Township: Lot: Block: Plat Book: Page #: Metes & Bounds Description: the existing and approved Mediterra proieet Rezone Request: This application is requesting a rezone from the A-Rural/Ag district(s) to the PUD zoning district(s). Present use of the property: propery. 48 South Range: 25 East Subdivision: Property I.D.#: Please refer to Exhibit "C" legal description for zoning Two (2) single family homes are currently located on the Proposed use (or range of uses) of the property: master planned community, Mediterra. Incorporation into the approved Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. -5- 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property_: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. Additional submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-applieation meeting. a. A copy of the pre-application meeting notes. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (and one reduced 81/2" x 11" copy of the site plan), drawn to a maximum scale of 1 inch equals 400 feet, depicting required information. (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.) -6- STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST Name of Applicant:Long Bay Partners, LLC Mailing Address: 3451 Bonita Bay Boulevard, Suite 202 City Bonita Springs State FL Zip 34134 Address of Subject Property (if available): Approximately one mile north of future east-west Livingston Road, and adjacent to future north-south Livingston Road o Legal Description: Section: 12 Lot: Block: Plat Book: Metes & Bounds Description: Survey of Quinn Parcels Township: Page #: ~ 48 South Range: 25 East Subdivision: Property I.D.#: Please refer to Exhibit "B", Map of Boundary Type of sewage disposal to be provided (check applicable system): a. County Utility System b. City Utility System c. Franchised Utility System Provide Name d. Package Treatment Plant (GPD capacity) e. Septic System Type of water service to be provided: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name d. Private System (Well) [] [] [] [] [] -7- 10. 11. 12. Total population to be served: 2,250,persons Peak and Average Daily Demands: A. Water - Peak 890 GPM B. Sewer - Peak 700 GPM Average Daily 427,500 GPD Average Daily 337,500 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 7/00 Narrative Statement: Provide a brief and concise narrative statement and sehemat'lc drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from test prepared and certified by a profession engineer. Not applicable. Collier County Utility Dedication Statement: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Please refer to Section 7.5 of the Mediterra PUD Document (Ordinance #99-41). 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. Not applicable. -8- AFFIDAVIT I, David H. Graham, Vice President of Bonita Bay Properties, Inc., the Managing Member of Long Bay Partners, LLC being first duly sworn, depose and say that Long Bay Partners is 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 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 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 advertised until this application is deemed complete, and all required information has been submitted As contract purchaser of the property, I further authorize repr~entative i/~ny mat)frs regarding this Petition. Signature of Contract Purchaser Anita Jenkins, AICP to act as our David H. Graham, Vice President Bonita Bow ProPerties, Inc. Typed or Printed Name of Contract Purchaser The foregoing instrument was acknowledged before me this [~ day of _~ 2000, by ~1 [d ['[, ~gt:lhO,~ who is personally known to me o;- l;~,a ~,, oauce'd ~J ,~rtt tJ ttd61IlOrt. State of Florida County of C:n~t~r L ~, lift ~"'>.,~- MY COMMISSION # CC 752200 I~;d~-Jd EXPIRES: September 17, 2002 '(S'ignatu;; ~)SCNo~ry Pu~$- State of Florida) MICHAELE A. JONES (Print, Type, or Stamp Commissioned Name of Notary Public) -10- EXHIBIT A DISCLOSURE OF INTEREST FORM FOR: BONITA BAY PROPERTIES, INC., Managing Member of LONG BAY PARTNERS LLC STRAP NO CASE NO. 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 Marital Trust for the Benefit of Lois Shakarian Blackbum under the Will of David B. Shakadan %Edward G..Beimfohr 99 Park Avenue New York, New York 10015 Percentage of Stock 48% Linda S. Lucas, Daughter 13141 Ponderosa Way Fort Myers, Florida 33907 26% Louise S. Ukleja, Daughter 6468 Bixby Hill Road Long Beach, CA 90815 26% David Lucas, Chairman 13141 Ponderosa Way Fort Myers, Florida 33907 0% Dennis E. Gilkey, President 27850 Riverwalk Way Bonita Springs, FL 34134 O% Edmund W. Rodgers, Jr., Vice President 3330 Oak Hammock Court Bonita Spdngs, Florida 34134 0% David H. Graham, V'~ce President Planning and Development 14780 Caleb Drive Fort Myers, Florida 33908 0% Harvey R. Schestag, Vice President Finance 3310 Oak Hammock Court Bonita Springs, FL 34134 0% Gary Sandor, Sr. Vice President Sales & Commercial Development 3381Oak Hammock Court. Bonita Spdngs, FL 34134 John Gleeson, Vice President And General Manager of The Brooks 27240 Ridge Lake Court Bonita Spdngs, FL 34133 Ms. Susan Watts, Vice President And General Manager of MediterTa 3981 Lakemont Ddve Bonita Spdngs, FL 34134 Ms. Sabra Spaugh, Vice President Human Resources 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 Mr Jim McGowan, Vice President 3451 Bonita Bay Blvd., Suite 202 Bonita Springs, FL 34134 Mr. Leonard B. Jaffe, Vice President 8751 Estero Blvd., #502 Ft. Myers Beach, FL 33931 0% 0% 0% 0% 0% 0% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with percentage of interest. N/A If the property is in the name of a GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, list the names of the general and limited partners. N/A If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A If any contingency clause or contract terms involved additional parties, list all individuals or officers, if corporation, partnership, or trust. N/A 2 For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but pdor to the date of final public headng, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in this application, to the best of my knowledge and belief. Long Bay Partners LLC A Flodda Limited Liability Company By: Bonita Bay Properties, Inc. ,t, M~,ng.~eh/ ~/~ David H. Graham, Vice President Printed or typed name of applicant STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ~ day of February 2000, by David H. e and did not take an oath. ~ Signature of Notary Public AELE A. JONES 3 Exhibit C LEGAL DESCRIPTION (Existing Mediterra PUD) The north half (NY=) of the west half (VW/2) of the west half (W%) of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 80.57 acres more or less. and; North % of the north Y2 of the northwest % of the southwest % of Section 11, Township 48 South, Range 25 East, Collier County, Flodda Containing 10.09 acres more or less. and; North ½ of the south % of the northwest % of the southwest % of Section 11, Township 48 South, Range 25 East, Collier County, Flodda Containing 10.09 acres more or less. and; The south 1/2 of the north Y= of the northwest 1/4 of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or less. and; The south 1/~ of the south 1/2 of the northwest % of the southwest % 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 10.09 acres more or less. and; The Southeast ¼ of the Southwest 1,/,, less the South 30 feet thereof, of Section 11, Township 48 South, Range 25 East, Collier County, Florida. and; The Southeast ~ of the Northwest ~; The Southwest 1/4 of the Northeast %; The Northwest ¼ of the Southeast ~; and the Northeast ~ of the Southwest %; Less the North % of the Southwest Y4 of the Northeast 1/4 of the Southwest ~ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 195 acres more or less. and; The North '/'2 of the Southwest ¼, of the Northeast ¼ of the Southwest ~ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and; The Northeast ~ of the Northwest % and the Northwest ¼ of the Northeast ~ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres more or less. and; A parcel of land located in Sectior,s 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Flodda, being more particularly described as follows: Beginning at the southeast comer of the southwest % of Section 12, Township 48 South, Range 25 East, Collier County Flodda; thence run North 00°52'07" West along the east line of said southwest % of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07" West along the east line of the southeast 1/4 of the northwest I/~ of said Section 12, for a distance of 1316.77 feet to the northeast comer of the southeast Y4 of the northwest % of said Section 12; thence run South 88°54'06" West along the south line of the southeast 1,4 of the northeast ¼ of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southwest comer of the southeast ~,4 of the northeast % of the northwest ~/4 of said Section 12; thence run North 00°50'22" West along the west line of the southeast ~/4 of the northeast 1/4 of the northwest ~/4 of said Section 12, for a distance of 658.71 feet to the northwest corner of the southeast ¼ of the northeast ¼ of the northwest ~/4 of said Section 12; thence run North 88°55'45" East along the north line of the southeast Y4 of the northeast I/4 of the northwest ~/4 of said Section 12, for a distance of 661.95 feet to the northeast corner of the southeast ~/4 of the northeast % of the northwest Y4 of said Section 12; thence run North 00°52'07" West along the east line of the northwest ~,A 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 88°57'20" West along the north line of the northwest ~/4 of said Section 12, for a distance of 2646.45 feet to the northwest comer of the northwest ¼ of said Section 12; thence run South 00°45'07" East along the west line of the northwest 1/4 of said Section 12, for a distance of 1319.36 feet to the northeast corner of the southeast ¼ of the northeast ¼ of Section 11, Township 48 South, Range 25 East; thence run South 88°54'42" West along the north line of the southeast ~/~ of the northeast ¼ of said Section 11, for a distance of 1325.63 feet to the northwest corner of the southeast Y4 of the northeast ¼ of said Section 11; thence run South 00°45'23" East along the west line of the southeast % of the northeast '/4 of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast ~/~ of the northeast % of said Section 11; thence run South 0°45'04" East along the west line of the northeast ¼ of the southeast ¼ of said Section 11, for a distance of 1321.73 feet to the southwest corner of the northeast Y4 of the southeast '/4 of said Section 11; thence run South 88°46'37" West along the north line of the southwest ~/4 of the southeast ¼ of said Section 11, for a distance of 1325.33 feet to the northwest corner of the southwest ¼ of the southeast ¼ of said Section 11; thence run South 00°45'39" 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 corner of the southeast ¼ of said Section 11; 2 thence run North 88°41'15" East along the south ire of the southeast % of said Section 11, for a distance of 2650.25 feet to the nmOw~st comer of Section 13, Township 48 South, Range 25 East; thence run South 00°43'28" East along the west Jne of the northwest t/4 of said Section 13, for a distance of 675.60 feet to the southwest comer of the northwest % of the northwest % of the northwest Y4 of said Seclioa 13; thence run North 88°38'13" East along the south ~e of the northwest Y4 of the northwest ~,4 of the northwest ~,4 of said Sec0on 13, for a distance of 664.12 feet to the southeast comer of the northwest % of the nollhaest % of the northwest % of said Section 13; thence run North 00°41'49" West along the east Jne of the northwest % of the northwest % of the northwest Y4 of said Section 13, for a ~restance of 675.07 feet to the northeast comer of the northwest % of the northwest ~ ol'lfie northwest % of said Section 13; thence run North 88°41'00" East along the south Jne of the southwest % of Section 12, Township 48 South, Range 25 East, for a ciCarice of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest Y, of the Northwest % of the Northwest % of said Section 13. Containing 472 acres more or less. and; The Northeast % of the Northeast % of Section 11, Township 48 South, Range 25 East, Collier County, Flodda, O.R. Book 2211, page 606 Containing 40 acres more or less. and; The North % of the North 1/2 of the Southwest Y4 of the Southwest % of Section 11, Township 48 South, Range 25 East, Collier Cotx~, Florida Containing 10 acres more or less. and; The South ½ of the North Y2 of the Southwest '/, of the Southwest % of Section 11, Township 48 South, Range 25 East, Collier County. Flodda Containing 10 acres more or less. and; The North Yz of the South '/2 of the Southwest '/, of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County. Florida Containing 10 acres more or less. 3 ORDINANCE 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 851112 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MEDITERRA, FOR PROPERTY LOCATED WEST OF 1-75 ALONG THE LIVINGSTON ROAD EAST/WEST CORRIDOR, IN SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 943+ ACRES TO 954+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-41, THE FORMER MEDITERRA PUD; AND BY PROVDING AN EFFECTIVE DATE. WHEREAS, Anita L. Jenkins, AICP of WilsonMiller, Inc., representing Long Bay Parreefs, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINrED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County., Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made pan hereof. The Official Zoning Atlas Map numbered 85112, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 99-41, known as the Mediterra PUT), adopted on June 8, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Depanment of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjori~ M. Student Assistant County Attorney BY: TIMOTHY J. CONSTANTINE, CHAIRMAN G :/admin/PUD-99-05~ I )/RN/ts -2- MEDITERRA A PLANNED UNIT DEVELOPMENT Approximately g4-3-954+ Acres Sections 11 and 12 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Long Bay Partners, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 EXHIBIT A 4/24/2000-52046 Vz* 0$!-Alcnkim 02934~007-001 -ESBM-22959 DATE FILED 2/17/99 DATE APPROVED BY CCPC 5/20/99 DATE APPROVED BY BCC 6/8/99 ORDINANCE NUMBER 99-41 DATE AMENDMENT FILED 2/18/00 DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT VILLAGE CENTER RECREATION and OPEN SPACE DISTRICT PRESERVE DISTRICT GENERAL DEVELOPMENT COMMITMENTS CROSS JURISDICTIONAL PROVISIONS LOCATION MAP MEDITERRA MASTER PLAN (Collier County) (WilsonMiller File No. D-2934-54) MEDITERRA MASTER PLAN (Collier County and Lee County) (WilsonMiller File No. D-2934 ~ 47) MEDITERRA RIGHT-OF-WAY TYPICAL SECTIONS ii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 ii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Long Bay Partners, LLC, hereinafter referred to as LBP, to create a Planned Unit Development (PUD) on 94-3 954+ acres of land located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Mediterra. The development of Mediterra will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1.1 The subject property is within the Urban Mixed Use Residential District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to accommodate the majority of population growth in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. 1.2 The Growth Management Plan qualifies the subject property for maximum density of four units per acre. The proposed residential density for the Collier County portion of Mediterra is 0.8 units per acre, which is less than the maximum allowable density, and therefore is consistent with and complies with the FLUE Density Rating System. 1.3 The commercial uses within the Village Center District are consistent with the adopted EAR based amendments to the FLUE, but cannot be developed until the ordinance adopting the EAR based amendments addressing the proposed Village Center commercial uses becomes effective. 1.4 Mediterra is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The development of Mediterra will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 1.7 Mediterra is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This ordinance shall be known and cited as the "MEDITERRA DEVELOPMENT ORDINANCE". 4/24/2000-52046 Vet: 08!-AJealdns 02934-0(37-001 -E~[~M-22959 PLANNED UNIT 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Mediterra, and to describe the exist'mg condition of the property proposed to be developed. Mediterra is located within Lee and Collier Counties, however the PUD jurisdiction applies only to the property located in Collier County. 1.2 LEGAL DESCRIPTION The north half(N½) of the west half (Wl/2) of the west half (Wl/2) of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 80.57 acres more or less. and; North I/2 of the north I/2 of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; North 1/2 of the south 1/2 of the northwest ~ of the southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; The south 1/2 of the north 1/2 of the northwest ¼ of the southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or less. and; The south 1/2 of the south 1/2 of the northwest ~ 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 10.09 acres more or less. and; The Southeast I/n of the Southwest 1/4, less the South 30 feet thereof, of Section 11, Township 48 South, Range 25 East, Collier County, Florida. and; The Southeast ¼ of the Northwest 1/4; The Southwest 1/4 of the Northeast 1/4; The Northwest ¼ of the Southeast %; and the Northeast V4 of the Southwest I/4; Less the North 1/2 of the 4/24/2000-52046 Vet: 02934-007-001 .ESglM.229~9 ,,.7,8 1-2 Southwest 1/4 of the Northeast IA of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 195 acres more or less. and; The North 1/2 of the Southwest ¼, of the Northeast 1A of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and; The Northeast ¼ of the Northwest 1/4 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; 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 00o52'07" 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 1/4 of the northwest 1/4 of said Section 12, for a distance of 1316.77 feet to the northeast comer of the southeast ¼ of the northwest i/4 of said Section 12; thence run South 88°54'06" West along the south line of the southeast 1/4 of the northeast 1/4 of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southwest comer of the southeast 1/4 of the northeast 1/4 of the northwest ¼ of said Section 12; thence mn North 00050'22" West along the west line of the southeast 1/4 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 1/4 of the northeast 1/4 of the northwest ¼ of said Section 12; thence run North 88°55'45" East along the north line of the southeast 1/4 of the northeast 1/4 of the northwest ¼ of said Section 12, for a distance of 661.95 feet to the northeast comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence run North 00°52'07" West along the east line of the northwest IA of said Section 12, for a distance of 658.39 feet to the northeast comer of the northwest 1/4 of said Section 12; thence run South 88057'20" West along the north line of the northwest 1/4 of said Section 12, for a distance of 2646.45 feet to the northwest comer of the northwest 1/4 of said Section 12; thence run South 00045'07" East along the west line of the northwest 1/4 of said Section 12, for a distance of 1319.36 feet to the northeast comer of the southeast 1/4 of the northeast I/4 of Section 11, Township 48 South, Range 25 East; thence mn South 88°54'42" West along the north line of the southeast 1/4 of the northeast ~A of said Section 11, for a distance of 1325.63 feet to the northwest comer of the southeast IA of the northeast V~ of said Section 11; 4/2412000-$2046 Vet: 08l-AJenkins 02934-0074;O 1 -ESBM-22959 1-3 thence run South 00o45'23" East along the west line of the southeast '/4 of the northeast ~¼ of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast ~/4 of the northeast 1/4 of said Section 11; thence run South 0°45'04" East along the west line of the northeast ¼ of the southeast ¼ 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 88046'37" 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 ~/4 of said Section 11; thence run South 00045'39" 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 ~/4 of said Section 11; 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 00°43'28" East along the west line of the northwest V4 of said Section 13, for a distance of 675.60 feet to the southwest comer of the northwest ¼ of the northwest Y4 of the northwest 1/4 of said Section 13; thence run North 88°38'13" East along the south line of the northwest V4 of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast comer of the northwest I/4 of the northwest ~/4 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 I/4 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 88°41 '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 therefi'om the Northwest ~/4 of the Northwest '/4 of the Northwest ~A of said Section 13. Containing 472 acres more or less. and; The Northeast ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida, O.R. Book 2211, page 606 Containing 40 acres more or less. and; The North ~/2 of the North V2 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; The South ~/2 of the North V2 of the Southwest ¼ of the Southwest ~/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. /,.~'~ . 1-4 The North 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. andl The North 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. andl The South 1/2 of the Southeast 1/4 of the Northeast I/n of the Northwest 1/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida, containing 5.0 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership off or contract with LBP, or their assigns, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY mo Mediterra is an in-fill project to be developed on !,~.25 1,445 acres located west of 1-75 in north Collier County and south Lee County. Approximately ?.2 954+ acres of the project are in Collier County and the remaining acres are in Lee County. The PUD jurisdiction applies only to the property located in Collier County. The Collier County project site is located in Sections 11 and 12, Township 48 South, Range 25 East, and is generally bordered on the west by Industrial and Residential zoned property and Old US 41; on the north by Lee County Agricultural zoned property; on the east by Agricultural zoned property; and on the south, by RSF-3 (Imperial Golf Estates) zoned property and Agricultural zoned property. The location of the site is shown on Exhibit "A". The zoning classification of the subject property at the time of PUD application is Agricultural with ST overlay and PUD. 412442000-52046 Vet: 08!-AJellkins 02934-007-001 -ESBM-22959 Elevations within the site vary from approximately 11 to 14 feet-NGVD. The project is located outside the 100-year floodplain. Specifically, the Project is located within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067 0185D, 0191D, and 0195D, dated June 3, 1986). 1-5 1.5 1.6 mo According to the Collier County Soil Survey prepared by NRCS, 14 soil units are present on the project site. These units, all of which are common to Collier County and southwest Florida, include the following: Malabar fine sand; Riviera-limestone substratum/Copeland fine sand; Immokalee fine sand; Hallandale fine sand; Pineda fine sand-limestone substratum; Basinger fine sand; Riviera fine sand-limestone substratum; Boca fine sand; Boca/Riviera-limestone substraturrffCopeland fine sand, depressional; Holopaw fine sand; Urban land-Holopaw/Basinger complex; Satellite fine sand; Urban land-Satellite complex; and Hallandale/Boca fine sand. Vegetation on site primarily consists of pine flatwoods with palmetto subcanopy, pine flatwoods with graminoid subcanopy, cypress-pine-cabbage palm, melaleuca, fallow agricultural land, and other open agricultural lands. Exotic vegetation (i.e., Brazilian pepper and melaleuca) has invaded most habitat types. The levels of infestation of melaleuca and Brazilian pepper have increased significantly since the original site mapping. Many of the wet prairies, pine flatwoods, pine graminoid and pine-cypress-cabbage palms habitats have been heavily invaded by melaleuca and/or Brazilian pepper. A detailed vegetative inventory and FLUCCS map is included. The Project is located within the Cocohatchee River Basin (Class II) as depicted within the Collier County Drainage Atlas (June 1998). DEVELOPMENT OF REGIONAL IMPACT LBP has received a Binding Letter of Interpretation of DR/status from the Florida Department of Community Affairs (DCA) determining that the project is not a DR/and will result in no regionally significant impacts. At the time the binding letter was received, the project was known as Toulon. DENSITY mo Mediterra is to be developed on 1,445 acres in north Collier County and south Lee County. The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The gross project density, therefore, will be a maximum of 0.65 units per acre. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. B. At all times all property included within Mediterra as described in Section 1.2 shall be included in determining the Collier County project area density. 2.1 2.2 2.3 PURPOSE 2-1 4/24/21~0-52046 V~r: 08!-AJ~fidns 0293441074)01 -ESBM-22959 SECTION II PROJECT DEVELOPMENT The purpose of this Section is to generally describe the plan of development for Mediterra, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Mediterra, a private golf course community, will include a range of single family and multi-family housing along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood retail goods and services, and a recreation and aquatic center. The Master Plan is iljustrated graphically on Exhibit "B" (WMB&P, Inc. File No. D-2934-54). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and confgurafion of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. COMPLIANCE WITH COUNTY ORDINANCES Bo Co Regulations for development of Mediterra shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC, and the Developers Contribution Agreement dated February 17, 1998, as amended, with res >ect to road impact fee credits and the vesting of Certificates of Public Facilities Ad~ !11tL~?~ ......,, .... 2-2 Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein are part of the regulations which govem the manner in which the land may be developed. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. For purposes of the various impact fee ordinances, residential uses, other than the conventional single family detached dwellings, shall be classified as either multi- family or condominium/townhouse in accord with defmitions of the applicable impact fee ordinance. 2.2 COMMUNITY DEVELOPMENT DISTRICT LBP may elect to establish a Community Development District (CDD) to provide and maintain infi'astmcture and community facilities needed to serve the Project. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as would be constructed, managed and financed by such a CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Mediterra. The land area is amenable to infi:astructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infi'astmcture under the terms and conditions Of County development approval. 2.3 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. LBP reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. LBP retains the right to establish gates, guardhouses, other access controls, signs and mo~t~ts 02934-007-001 -ESBM-22959 i ! 2-3 as may be deemed appropriate by LBP on all privately owned and maintained project roadways. Roadways within Mediterra shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right- of-way width to be utilized for a local street within Mediterra shall be forty (40) feet. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum right-of-way radius to be utilized shall be fifty-five (55) feet. Sidewalks/bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: LDC Section 3.2.8.3.17.2. - The Mediterra loop road shall be considered a minor collector street and shall have an eight feet (8') wide pathway on one side of the street that will meander in and out of the right of way. LDC Section 3.2.8.3.17.2. - Both project entrance streets shall require a sidewalk or bikepath on one side of the street. LDC Section 3.2.8.3.17.3. - All cul-de-sacs shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a) the right-of-way section shall include two ten foot (10') wide travel lanes, with two foot (2') mountable curbs, and b) the gross density of the cul-de-sac shall be less than two (2) units per 2.6 LAKE SETBACK AND EXCAVATION 4/24/2000-52046 Vca': 02934-007-001 -ESBM-22~9 An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from 'the back of the non-mountable (barrier) curb to the edge of water. Upon approval by the Community Devel~m~?~r!t and Environmental Services Administrator, equal substitutes to non;.~o~ abl(,~'~ 2-4 (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet. Upon receipt of a development excavation permit, all lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, however removal of fill and rock from Mediterra shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. Excavation for Livingston Road construction north of Immokalee Road and off- site hauling of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. Do Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that five (5) dry models shall be allowed within each development tract, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as desc~rein 2-5 may be made by LBP in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Mediterra Master Plan upon written request of LBP. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Mediterra PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. o The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. Go Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaini}agr'all~other necessary County permits and approvals. 2-6 2.10 2.11 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, LBP shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Mediterra, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits fi-om the South Florida Water Management District. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Mediterra. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap benns 1:1 Structural walled berms - vertical Fence or wall maximum height: Ten feet (10'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm elevation. Upon submission of a typical cross-section, aerial, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Mediterra PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. Fences or walls may be placed zero feet (0') from intemal right-of-way provided that shrubs are provided in the right-of-way pursuant to Section 2.7 and may be located five feet (5') from project perimeter. Fences and walls which are an integral part of security and access control .structures '_ such as gate houses and control gates shall be subject to the height limi'~tations,for ~ 2-7 principal residential structures. In the case of access control structures within rights- of-way adjoining two or more different disWicts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water structures, signs and utilities are allowod in approved by the Mediterra Design Review Team. management systems, drainage landscape buffers/easements as Landscape berms located within the Mediterra PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. D. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/farmed or are shown as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide written notification to the Commtmity Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or SDP. The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 Fill storage areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS IV24~200~52046 Vet: 08!-AJenkins ca *43 02934-0074)01 -ESBM-22959 The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.2.3. Mediterra is planned as a private, functionally interrelated community under unified control. LBP has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and ~ilities,. 2-8 2.14 2.15 2.16 4/24/2000-52046 V~: 0$!-3Jenkins 02934-007-001 -ESBM-22959 which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, benns and other similar facilities. To further ensure that the Mediterra design guidelines and standards are complied with, no SDP or PSP may be submitted or approved without the Mediterra Design Review approval. PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for agriculture or cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mediterra PUD except in the Wetland Conservation Area. General permitted uses are those uses which generally serve LBP and residents of Mediterra and are typically part of the common infi'astmcture or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Septic system for remote golf shelters Lakes including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, trails and recreational facilities. Temporary construction, sales, and administrative offices for LBP and LBP's authorized contractors and consultants, including necessary_,~access ways, parking areas and related uses. ~ 2-9 Landscape/hardscape features including, but not limited to, landscape buffers, benns, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Development Standards: Unless othenvise set forth in this document, the following development standards shall apply to structures: Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. Setback from property lines: Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - thirty-five feet (35'). 6. Minimum floor area~- None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. 2-10 2.17 2.18 2.19 OPEN SPACE REQUIREMENTS 41244200~52046 Vet: 08!-A Jenkins 02934-0074~01 -ESBM-22959 The PUD Master Plan identifies approximately ~.~. 646 acres included in the preserve area, lakes, recreation, open space, golf and buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC. NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. There may be some minor adjustments to the proposed preserve areas during SFWMD permitting. SIGNAGE A. GENERAL All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. Signs may be allowed in landscape buffers/easements with the approval of the Mediterra Design Review Team. BOUNDARY MARKERS One boundary marker or monument may be located at each property comer. The boundary marker may contain the name of the community, and the insignia or motto of the development. 2-11 The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. Sign face area is calculated by total square footage of name, insignia, and motto only. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 PROJECT ENTRANCE SIGNS Three ground or wall-mounted entrance signs maybe located at on both sides of the entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the development. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. o The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. TEMPORARY SIGNS Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. The setback for temporary signs fi'om Livingston Road rights-of-way and any perimeter property line shall be 5 feet. 2-12 4'24,'2000-52046 Ver: 08!-A Jenkins 029344307-001 -ESBM -22959 Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build-out. Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. Grand opening signs: LBP may display on-site grand opening signs not exceeding 32 square feet total. 5. No building permit is required for temporary signs as listed above. CONSTRUCTION ENTRANCE SIGNS Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. INTERNAL SIGNS Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road right-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Mediterra. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side-~and a maximum height of 8 feet. 2-13 LBP may have real estate signs with a maximum size of 6 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", etc. No building permit is required. TRAFFIC SIGNS Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 3-1 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R." MAXIMUM DWELLING UNITS The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached Dwellings 4. Multi-Family Dwellings 1. Guest Houses 3-2 3.2 Any other principal use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. Accessory Uses and Structures: 4/24/200~52046 Ver 08!-AJcnkins 02934-~?-001 -ESBM-22959 Accessory uses and structures customarily associated with principal uses pemaitted in this district including neighborhood community recreational facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the 'R' Residential District. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Mediterra design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning diswict which is most similar to the proposed use. Required property development regulations may be approved that are different than those set forth in Table I, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by LBP, its successors and/or assigr~. The installation will be in accordance with the approved plans and specifications~ 3-3 current policies and procedures, and performed by LBP's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of the request for connections. 4/2412C~0-52046 Vet 08!-A Jenkins 02934-0074101 -ESI~ M-22959 61 3-4 TABLE I MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX & ATTACHED AND DWELLINGS DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA Minimum Lot Width *5 75 50 35 30 NA Front Yard Setbac~ (Principal and A~sory) 20 20*3 12/20*3 12/20*3 20 Front Yard for Side Enlxy Garage 12 12 12 12 12 Rear Yard Setback*7 (Principal) 10 5 10 10 .5 BH Rear Yard Setback* 1 (Accessory) 5 5 5 5 10 Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 40 35 35 35 50 Floor Area Minimum (SF) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH ~'"'XH_: Building Height }I-l: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within I foot of the right-of-way line. With approval from LBP, front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent fight-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). 'i - Sethack from lake for all accessory uses may be 0 feet providing architectural bank IreaUnent is incorporated into design and subject to written approval from LBP Design Review Committee and Project Plan Review. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Units with side eniD' garage may have a 12 foot front yard setback. Units with front enlry garage must have a minimum 20 foot front yard setback. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5- Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 - Zero feet (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal slructure 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 ~.,,.Custorner Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between 5ncipal and accessory sU'uctures. The conceptual exhibit may be modified as needed. 7 With written approval from LLBP Design Review Committee~ the setback from the twenty foot {20') lake maintenance easement for principal structures may be zero feet (0') with a minimum twenty feet (20') from the waters edge. 4-1 SECTION IV VILLAGECENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "Village Center." Commercial uses cannot be developed until the EAR based amendment ordinance addressing the Village Center uses becomes legally effective. 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 60,000 square feet floor area, including clubhouse facilities, general store, education/enrichment center and recreational uses may be constructed on lands designated "Village Center." 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Golf courses, golf clubhouses, and golf facilities. 2. General store with convenience goods and deli. 3. Tennis, health and fitness, swimming and other recreational clubs. 4. Project information and sales centers. o Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. ~/_~,.~ 4-2 Public administration facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 3. Temporary construction access roads. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the Village Center District. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. o Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the Village Center District. 4.2 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 2. 3. 4. Front Yard: Principal Structure - Twenty feet (20') minimum or one-half the building height, whichever is greater. Accessory structure - Ten feet (10'). Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure - Five feet (5'). Rear Yard: Principal Structure - Twenty feet (20'). Accessory structure - Five feet (5'). Setback fi:om a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Go 4/24/2000-52046 V~: 08!-AJ~fins 02934~O7-001 -ESBM-22959 Exterior lighting shall be arranged in a manner which will protect roadways and residential properties fxom direct glare or unreasonable interference. Maximum height of structures - Fifty feet (50'), except clock towers or similar architectural features, which shall be permitted up to sixty-five feet (65'). '~- i mo B. C. D. E. F. 4-3 Minimum distance between all other principal structures - Fifteen feet (15'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required Minimum lot or parcel area - None required Minimum lot width - None required Parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of building area. Standards for landscaping and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5-1 SECTION V RECREATION AND OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R/O". 5.2 GENERAL DESCRIPTION Areas designated as "R/O" on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, and golf facilities. 2. Tennis, health and fitness, swimming and other recreational clubs. 3. Project information and sales centers. + Community and golf course maintenance areas, ma'mtenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Temporary construction access roads. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" District. 5-2 A. Permitted Uses And Structures Within Archaeological Site Opens space uses and structures such as, but not limited to, nature trails, bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleyball courts, rest shelters, and drinking fountains. Any uses and structures perufitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be left in its natural state or will be landscaped. A certified archaeologist shall be present on site to monitor any excavation for irrigation pipes and landscaping. 2. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines to be compatible. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this District. o Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve the residents of Mediterra and their guests. 5. Telecommunications facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" and Miscellaneous Open Space/Buffer District. 5.2 DEVELOPMENT STANDARDS Ao Principal structures shall be set back a minimum of ten feet (10') from "R/O" District boundaries and private wads, and twenty-five feet (25') from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (V~) the height of the structure. Accessory structures shall set back a minimum of five feet (5') from "R/O" District boundaries and private roads, and twenty feet (20') from all PUD boundaries and 5-3 F. G. H. I. residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (1/2) the height of the structure. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Sixty-five feet (65'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Fifteen feet (15'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, excluding cart storage areas, which shall be considered inclusive of required golf course parking Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra design development standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6 F.A.C., and may use potable and irrigation wells. 6-1 SECTION VI PRESERVATION AREA 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Mediterra designated on the Master Plan, as Preservation Area. 6.2 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. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Boardwalks golf cart paths and nature trails (elevated and at grade), and gazebos. 2. Water management facilities. 3. Temporary construction access road. 4. Utility or roadway crossings. 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. 6.4 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. LBP, their successor or assigns, or the Mediterra CDD shall be responsible for the control and maintenance of lands within the Preservation Area. 7-1 SECTION Vll GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE A. The purpose of this Section is to set forth the general development commitments of LBP within Mediterra. 7.2 GENERAL Ao All facilities shall be constructed in accordance with the final site development plans, the f'mal subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone heating before the Board of County Commissioners, shall control and be applicable to development of the subject property. LBP, its successors and assigns shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7.4 TRANSPORTATION A. LBP shall provide a fair share contribution toward the capital cost of a traffic signal at the main project entrance onto Livingston Road (North-South) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Collier County and LBP entered into a Developer Contribution Agreement dated 17 February 1998, as amended (herein "Agreement"), to address the design, right-of-way acquisition, permitting, and construction of Livingston Road fxom Immokalee Road to the Lee/Collier County Line. A. As depicted on the Master Plan, Exhibit "B", LBP has reserved, pursuant to the terms authorized in the Agreement, a 100 foot wide right-of-way along the eastern edge of 7-2 the project for the construction of Livingston Road (North/South), and LBP has reserved a 170 foot wide right-of-way along the southern edge of the project for Livingston Road (East-West). D. It is acknowledged that the cost of construction of Livingston Road is an advanced payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP is eligible for impact fee credits). Notwithstanding the determination of the adequacy of other public facilities and the payment of any other appropriate impact fees, LBP has complied with the requirements for transportation adequacy for the issuance of Certificate(s) of Public Facility Adequacy. E. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. 7.5 UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the project by LBP. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as amended, except as may be provided in Section 2.4 of this Document. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. Do Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record drawings. Landscaping and sidewalks will be allowed within the right-of-way/County utility easement (R.O.W./C.U.E.) and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W./C.U.E. For large vegetation and ~xees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemaim. Collier County Public Works Department will not be responsible for the repairs, replacement, ma'mtenance or restoration of above-ground improvements or landscaping installed by LBP- within · ~ . . .~ ~ _ the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responmbd~I 7-3 Fo mo ro of LBP, its successor and assigns. This clause will be shown within the homeowners' association documents and on the construction plans. The County owned potable water mains will end at the beginning of the cul-de-sac with a fire hydrant. Potable water services will be extended to serve residential lots along the cul-de-sac. Conduits will be provided for the potable water services, where necessary. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcema'm will be located a minimum 5 feet off the BOC. The minimum distance fi'om the BOC to the right-of-way line will be 13 feet. Reference the typical cross-section attached as Exhibit 'D', Section A. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the right-of-way line will be 8 feet. Reference the typical cross-section attached as Exhibit 'D', Section B. For the County owned potable water mains and forcemains located along the loop roadway, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of- way line will be 15 feet. For the loop roadway section with a median, the minimum distance from the BOC to the right-of-way shall be 13 feet. Reference the typical cross- section attached as Exhibit 'D', Section C & D. The County owned potable water distribution system will be allowed to connect to the Collier County potable water transmission system along the Livingston Road (East- West) corridor, if necessary, to enhance pressures and chlorine residuals within the Project. To assist the County's operation and maintenance activities, LBP will provide a stabilized. access in areas where there is not paved access adjacent to the County owned potable water main. Collier County and LBP entered into a Utility Facilities Reimbursement and Contribution Agreement dated 12 January, 1999 to address the design, permitting and construction of utilities along Livingston Road from Immokalee Road to the Lee/Collier County Line. Irrigation water will be provided with a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/or other non-potable sources. 7-4 7.6 7.7 WATER MANAGEMENT In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. The applicant is allowed to not provide 10 percent httoral zone printing within ~very lake provided that compensatory littoral plantings are provided in other intemonnoet~ lakes within the Project phase. The applicant will provide the required total littoral zone plantings that would be required for the Project. ENVIRONMENTAL go Fo The Collier County 'ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas per Section 6.4. Based upon final SFWMD permitting there may be some minor adjustments to the proposed preservation areas. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Mediterra PUD, the Environmental Impact Statement (EIS) submitted in conjunction with the application for public hearing for PUD Rezone shall serve as the EIS and the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Mediterra PUD boundaries that nxluire County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an EIS supplement. Collier County shall defer environmental permitting regarding wetlands, wetland impacts and wetland mitigation to the SFWMD. LBP shall coordinate with and copy Collier County on approved permits. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Game and Fresh Water Fish Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas including those that are recorded on a plat shall be dedicated to LBP, their successor or assigns, or the Mediterra CDD for the responsibility of the control and maintenance of lands within the Preservation Area. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to Curten 23 7-5 Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. H. Petitioner shall comply with all permit conditions and stipulations contained within US Army Corps of Engineers and SFWMD permits issued for Mediterra which concern protected wildlife species. The Preservation Areas incorporate wetlands as well as buffers including upland and structural buffers. The Project will be consistent with SFWMD criteria including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will be required. 4/24/2000-52046¥~:08!-AJenki~ 02934-007-001-ESBM-22959 PREPARED BY /\,. , \ RONALD F.~NI~O, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: .~~_~ //' VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DOA-2000-01 I:.X SUMMAI~.Y/md DATE DATE 3 AGENDA ITEM 7-M MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES APRIL 7, 2000 PETITION NO: DOA-2000-01, CITYGATE COMMERCE PARK OXVNER/AGENT: Agent: MR. WILLIAM R. VINES VINES & ASSOCIATE, INC. 800 HARBOR DRIVE NAPLES, FL 34105 Owner: MR. RICHARD BENNETT, TRUSTEE 3033 RIVIERA DRIVE, SUITE 201 NAPLES, FL 34103 REQUESTED ACTION: This petition seeks to have the Citygate Commerce Park Development of Regional Impact (DRI) Development Order amended for the purpose of extending the commencement, build-out, termination and down zoning dates by one year, and 364 days. GEOGRAPHIC LOCATION: The property is located on the east side of Collier County Boulevard immediately north of the 1-75 interchange configuration with Collier Boulevard (See location map on following page). 1 Ill PURPOSE/DESCRIPTION OF PROJECT: This petition is for the purpose of amending the Citygate Commerce Park (DRI) Development Order to effect changes that would extend the date by which substantial development was to have begun and similarly the dates for build-out, termination and down zoning action by one year plus 364 days. BACKGROUND The Citygate D.O. ;vas originally adopted 12-13-88 via D.O. 88-2. That D.O. was appealed by DCA. The appeal was resolved on 8-20-90 via adoption of D.O. 90-4. The tolling date xvas subsequently deemed to be 10-29-90. The D.O. mandated development initiation within five years from the tolling date. On 2-21-95, D.O. 95-2 xvas adopted extending the mandatory, development initiation date by five years less one day, to 10-28-00, together with corresponding extensions of the development phase dates and other time related requirements within the D.O. The following phase dates and build-out date changes are proposed: Phase End Dates Current Proposed Phase I 10-28-1998 10-27-2002 Phase II 10-28-2001 10-27-2005 Phase III 10-28-2004 10-27-2007 Phase IV 10-27-2007 10-27-2010 Phase V 10-27-2010 10-27-2012 3. Development Order Termination Date Current Proposed 10-28-2012 10-27-2014 Southwest Regional Planning Council On March 16, 2000, the Southwest Florida Regional Planning Council (SWFRPC) approved the Notification of Proposed Change subject to certain recommendations of its staff which will require specific inclusion into the amending development order. The recommendation would require development within the next two years (i.e. 2002) be limited to the area of the Citygate Commerce Park lying west of the FPL power lines following which time period another NOPC be submitted to addem the status of Red Cockode Woodpecker (RCW) colony and to submit a full transportation re- ,/'~"nalvsis. 2 Staff Review The proposed extension of the build-out date by one year and 364 days, ~vhen added to a previous extension, amounts to a cumulative extension of six years and 364 days. According to Section 380.06(19)( c )., F.S., any extension of the build-out date by 7 or more years shall be presumed to create a substantial deviation and the presumption can be rebutted with clear and convincing evidence. An extension of five or more years, but less than seven years, according to Section 380.06(19)( c )., F.S., shall be presumed not to create a substantial deviation. The applicant provided a traffic trip generation analysis based on the approved development level for the whole DRI, which showed a 22% reduction in traffic for the whole DRI. This reduction is primarily due to changes in the ITE Trip Generation Handbook between the Third Edition used in 1987 and the Sixth Edition currently in use as well as changes to the methodology for determining internal capture and pass-by rates. The original analysis was based on the 1987 edition of the ITE Manual, xvhich assumed a 5.4% internal capture rate and no pass-by trip for any land use. The current edition (Sixth Edition) assumes a capture rate of 15% and pass-by rate of 6.9% of the projects external trip generation. The proposed extension of commencement, termination and down zoning dates are presumed to create substantial deviations pursuant to Section 380.06(19)( e )3., F.S. However, these changes will not create any adverse impact on regional facilities. Both the SWFRPC and the DCA advise their approval, however, RPC staff have recommended inclusion of certain requirement not to develop the land area lying east of the FPL power lines until another amendment is submitted to address the status of an RCW colony and to do a re-analysis of traffic conditions. These considerations have been incorporated into the amended development order. Collier County Public Works has requested that certain easements be provided to facilitate expansion plans at the Water Plant property on contiguous property. Typically, this consideration should occur with approval of the PUD. Staff is advised that the PUD xvill be amended, and at that time these easements can be stipulated. In the interim staff has requested written consent to provide these easements at the time the PUD amendment is requested. The Citygate Commerce Park PUD and Development Order provides for the following type of development on 288 acres. Commercial ................................................................90,000 sq. ft. Industrial ...............................................................1,920,000 sq. ft. Hotelf Motel ...................................................................250 Rooms Other (public utilitarian,recreational and educational) ..............80,000 sq. ft. 3 ,,'~--"Whe property is designated industrial on the future Land Use Plan; hmvever, a consistency ,etermination is not applicable because the land uses are vested by virtue of its DRI status. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition DOA-2000-01, Citygate Commerce Park, as described in the draft Development Order Amendment having the effect of extending the commencement, build-out, termination and down zoning dates by one year and 364 days, and to limit development to 31.5 acres lying west of the FPL power line. RED BY · to. oo ~ )NALD F. ~'~II~6j AIC---~ DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERCf.. MIY£HERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR A PP~~: ~~ ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number DOA-2000-01 Staff Report for the May 4, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/admin/DOA-2000-01 STAFF REPORT/RN/irn 4 Vines & Associates Inc urban planning. land planning 800 harbour ddve naples florida 34105 941.262.4164 fax 941.262.5791 William R. Vines, President Member AICP RECEIVED FS3 '~ - 2000 PLANNING SERVICES p o box 933 linviile north cam 828.898.9837 fax 828.898.9847 CITYGATE COMMERCE PARK NOTICE OF PROPOSED CHANGE There follows a Notification of a Proposed Change to the Citygate Commerce Park Development of Regional Impact. The only change proposed is a two year extension of the Phase dates and other time related requirements set forth in the Development Order. No change is proposed to the PUD document or the Master Development Plan. As required by staff of the Southwest Fiodda Regional Planning Council, an update of the previous Traffic Impact Analysis has been prepared, and is attached. Since no land use change is proposed, the land use change charts on pages 4 through 10 of the notification form have been left blank. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previ- ously approved DRI be made to the'local government, the regional planning agency, and the state land planning agency according to this form. l. I, \X,/ILL. I/&//',, ~. Ntlt',4E?5,theundersignedowner/authorized representative of L. a,~O~ '~ o ~'T' :~-:~oO hereby give notice of a proposed change to a (developer) previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concertorig the ~_. t W t.~ Ca. t~,"l'*~ development, which (original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies ofthis completed notification to ~___~:Z~-..t.-, I'~__ ~ ~ 0 !,,,.5"Utr~ (local government) to the~,oo'r'~.w.~:~T -'~'"--'t.~. Regional Planning Council, and to the Bureau of Local Planrang;' Department of Corninfinity Affairs. Date Signature 1 NOPC FOR1V~/~ 3. 4. 5. 10. Authorized Agent (name, address, phone)._ ........ Location (City, tZounty, Township/Range/Section) ozappmved DRI and proposed change. d_.ot...t._;~-~.~ d_.o,-t-,~,~' ~. c{.~e~ ~, ~'~::~:. ~,.~ ~. ~,~... ~"' Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or theAppLicationforDevelopmentApproval. ~:~: ,~'I"T'~, e_,t.+'~ ~ Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. 1"4/PX Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifi- cat. ions or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any informa- tion not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? fist, has the annexing local government adopted a new DRI development order for the project? /,~'l"'W' ~---'f'['"~ 1.~ Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO i/ Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. NOPC FORM 11. 12. 13. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the,, proposed changes to the previously approved DRI or development order conditions. i~/~:x, Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and All proposed specific changes to the nature, phasing, and build-out date of the develop- ment; to development order conditions and requirements; to commitments and representa- tions in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts: to structures or to other improvements including locations, square footage, number of units: and other major characteristics or comp. onents of the proposted ch~.~ge; An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; A proposed amended development order termination date that reasonably reflects the time required to complete the development; A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density. reduction. or intensiLy reduction, if applicable; and F'roposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. NOPC FORMsif, SUBSTANTIAL DEVIATION DETERMINATION CHART NOPC FORM z 5 NOPC FORM ~z NOPC FORM 7 o~ o NOPC FORM /? r zS~ NOPC FORM 9 10 .< mz ©.~ o~ NOPC FORM ATTACHMENT FOR THE CITYGATE N.O.P.C. The sole change proposed is to extend the life of the D.O. by two years, less one day, together with appropriate adjustments to the phase dates and other time related requirements within the D.O. The Citygate D.O. was originally adopted 12-13-88 via D:O. 88-2. That D.O. was appealed by DCA. The appeal was resolved on 8-20-90 via adoption of D.O. 90-4.The tolling date was subsequently deemed to be 10-29-90. The D.O. mandated development initiation within five years from the tolling date. On 2-21-95, D.O. 95-2 was adopted, extending the mandatory development initiation date by five years less one day, to 10-28-00, together with corresponding extensions of the development phase dates and other time related requirements within the D.O. There has been no change in local government jurisdiction since adoption of the last D.O. 10. The following phase dates and buildout date changes are proposed: PHASE END DATES CURRENT PROPOSED Phase I 10-28-1998 10-27-2002 Phase II 10-28-2001 10-27-2005 Phase III 10-28-2004 10-27-2007 Phase IV 10-27-2007 10-27-2010 Phase V 10-27-2010 10-27-2012 DEVELOPMENT ORDER TERMINATION DATE CURRENT PROPOSED 10-28-2012 10-27-2014 13.a. Section 9.c of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October-28--,-1998 27, 2002, Phase II OctoberS27, 2005, Phase III October~ 27. 2007, Phase IV October ~ 27. 2010 Phase V October -26;--2e-19 27. 2012, shall Words underlined are additions; Words struc'~ through are deletions /2' be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 13.c. 13.d. 13.e. Paragraph 3 of an untitled Section (Page 12) of Development Order 88- 2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within ~ twelve (12.) years from the date of final approval of the Development Order, development approval shall 'terminate, and this Development Order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October~ 27. 2014. See 13.c. above. Paragraph 4. of an untitled Section (Page 12) of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 4. Pursuant to Section 380.06 (15) (c) 3, Flodda Statutes (-t98-7 1999), this project is exempt from down zoning or intensity or density reduction for a period of ~ fourteen (14) years from the date of adoption of the Development Order subject to the conditions and limitations of that Section of the Flodda Statutes, provided that physical development commences within ~ ~ years as provided in Section 3 hereof. Words underlined are additions; Words etr~ are deletions. 2 /2'(-.... DEVELOPMENT ORDER RESOLUTION NO. A RESOLUTION AMENDING DEVELOPMENT ORDER 88- 02, AS AMENDED. OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION ONE AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINATION DATE FOR THE PROJECT. PERIOD OF TIME AND EXEMPT FROM DOWN' ZONTNG: SECTION TWO. FINq~DNGS OF FACT: SECTION THREE. CONCLUSIONS OF LAW: SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPEMNT ORDER, TRANSMITTAL TO DCA ,~ND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved .~velopment Order 88-02, as amended. (the Development Order) on December 13, 1988, which approved a Development of Regional Impact (DRI) 'known as Citygate Commerce Park Development Order: and WHEREAS, as a result of an appeal, a Settlement A~eement between Collier Count.',, and the Department of Community Affairs resulted in an effective approval date of October 29. 1990, which is deemed to be the beginning date for the five-year period within which the Development Order indicates physical development of the project must commence; and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with the first phase being three 5'ears from the date the appeal was dismissed which would be October 29, 1993, with the last phase being October 29, 2005; and WHEREAS, on February 21, 1995, the Board of County Commissioners approved Development Order 95-02, Resolution No. 95-143 which had the effect of extending all yearly target dates by five (5) years, less one day, and WHEREAS. the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order: and WHEREAS, the real property which is the subject of the Development Order is legally /~%scnbed and set forth in Exhibit "A" to the Development Order: and Words stmzk thre. gg~ are deleted: words underlined are added. /7' c_.. WHEREAS, the owners of the DRI property. desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by an additional five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates. representing Richard K. Bennett. Trustee, Nations Bank Land Trust No. 5360, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (S~'TRPC) and held a public hearing on the petition on May 23, 2000. WHEREAS, on , 2000. the Board of County Commissioners, at a public heanng in accordance with Section 380.06, Florida Statutes, having considered application and notice of proposed changes to the Citygate Commerce Park Development Order 88-02. as amended. and the record made at said heanng, and having considered the record of the documentary. and oral evidence presented to the Collier County Planning Commission: and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisor3' Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 9.c of Development Order 88-02. as amended. for the Citygate Commerce Park is hereby amended to read as follows: The development phasing schedule presented within the .M)A and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October 28, 199E 27, 2002, Phase II October 9~ 27, 2007, Phase IV October '~9 'ram 27, 2005, Phase III October ~~, 'mn,~ 2E, 2997 27, 2010, Phase V October 2S, 29!9 27, 2012, shall be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. Words st."'ack through are deleted: words underlined are added. The City. gate project contains 209 acres of building sites, exclusive of streets, lakes, and other non building site areas. Until the wetland jurisdiction lines and the Red-Cockaded Woodpecker Management Plan have been refreshed, any necessary Master Plan and/or PUD modifications made, a complete new TIS prepared, and a new DOA approved, development, i.e., building permit issuance, shall be limited to 15% of the Project site acres, which is 31.35 site acres. The 31.35 acre maximum development area shall be located west of the FPL easement, except for the area east of the FPL easement in which there are no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established. Water management facilities to accommodate the initial development area malt occur east of the FPL easement, as provided for in SECTION ONE: Paragraph 4.c. of Development Order 90-4. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within ::n (!9; twelve {12) years from the date of final approval of the Development Order. development approval shall terminate, and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 28, 20!2 27, 2014. C. Paragraph 4 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: Pursuant to Section 380.06 (15)( c ) 3, Florida Statutes (!9~7 1999), this project is exempt from down zoning or intensity or density reduction for a period of ?::e!:': ,' 12) fourteen (14) years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida Statutes, provided that physical development commences within ten (!9} twelve (12) years as provided in Section 3 hereof. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to previously approved ,/"'"DRI known as Exhibit B. and by reference made a part hereof. Words zt,",:'z!c t!:reugh are deleted: words underlined are added. D. The applicant proposes the development of Citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the S~TRPC. F. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to thc previously approved Development Order fall within the parameters for extensions of buildout pursuant to Subsection 380-06(19)( e)2., Florida Statutes. SECTION THREE: CONCLUSIONS OF LA\V A. The proposed changes to the previously approved Development Order do not consuture a substantial deviation pursuant to Section 380.06(19). Florida Statutes. The scope of the development to be permitted pursuant to this Development Order amendment includes operations descnbed in the Notice of Change to a previously approved DR/. Exhibit B, attached hereto and by references made a part hereof. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the S~TRPC. C. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19) (e)2., Florida Statutes. and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. \Vords gt.'-uzl: througk are deleted: words underlined are added. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs. Bureau of Land and Water Management. and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote. Done this __ day of .2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ATTEST: D\VIGHT E. BROCK. Clerk Approved as to Form and Legal Sufficiency TIMOTHY J. CONSTANTINE. CHAIt~MAN Marjorie M. Student Assistant County Attomev : admm DOA-gg~32 RN~rn \Vords .....~- ,~- ......~' are deleted: words underlined are added. /7' NC. LEGAL 3ESCRIFTICN The North half of Section ZS, Townshi~ 49 South, Rance :6 East, Collier COb'hi'/ .--lorica r =~S t~ West ;00 g0 fee~ '~eraof for r~ht-of-wav ~urposes arc L~S the fol ]owinQ descrJbe~ ;arcels: ~ection ~5, 7ownsnip 4~ Souln, Range 26 East, Call ier Count'/, Fio~ica. -~eing more Dartic. uiariy cescribec as fol lows: arc 2~, 7,cwnsni~ ;9 Eoutn, ~an~e '6 East, 3~J :ier Count',', =iorima. ~ai~ Quarter c~rner ~ein~ marKe~ wit~ a 4" :< thereof, wit~ a 3/a-inch iron Di~e: thence along the Section between said Sections 3~ 'and 35, North 00°~9' ~5" West, feet to a point on the cente~l ire of the proposed Access Roa~ No. ] as shown on the State of Florida Department of Transportation Right-of-Way Map for State Road No. 93 ([-75] 5heel 8 of thence along said centerline of the proposed Access Road No. North 89°3]'0]" East, ~00.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water _%rea~ment. plant parcel: thence along said East canal ~ightCof-~ay {ire North 00°29'15" West, 50.00 feet to a ~" x ~" concrete monument mark~n~ the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North { ire of said access ~oad right-of-way North 89°3]'01" East, ;56.5] feet to a a, x ;" concrete monument marking the intersection of said North richt-of-wav with the West ~ouncar,? i ire of the wate~ treatment plant parcel; thence a~ong saic West bounda~,/ ]]ne North OO°~7' 1~" East, 99;.98 feet tc an iron nod on the Westerly right-of-way of a strip of lane ~70 feet in width for a ~torida, Power & Light Company (~P&L) night-of-way ~s Cescribed in Official Records Book 681, Page ~210, Col] ier County Records; thence along said Westerly FP&L right-of-waY North 31~30'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FP&L ~ight-of-way South 58°30~03" East, 76~.~$ fee~ to a g" x ~" concrete monument; thence continuing along said Westerly FPEL right-of-way South 00°~7']g West, ],066.70 feet to a ~" x q" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00°~7'1q" West, 332.7~ feet to an iron ~od marking the intersection of said Westerly ~P&L right-of-way with the South line of the North half of the South half of the Northwest quacLef of Section 25, Township a9 South, Range 26 East, Collier County, Florida; said point also being the Southeast corne~ of the porte] being herein describec; thence along said South line of the North half of the South hal f of the Northwest quarter of Section 35, South ~9°0q'~0" West. 690.82 feet to a ;" x g" concrete monument; said Sheet point being the Southwest corner of the parcel being herein described; thence along the'West boundary line of said parcel North 00°~7'Iq" East, 553.80 feet to a ~" x ~" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89o31'01" West, ~5q.28 feet to a ~" x ~" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal; thence-along said canal East right-of-way North $0°~9'~5" 'Nest 100.00 feet to the 2OINT OF BEGINNING. ,AND A ;ortion of the ~;orth half of Section 25, Townsni~ ;9 Zoutn, Range 26 East; oeing ~escribed as follows: Begin on the South line of the North half of said Section ]~, at a point North 89°00'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°29'15" West, 1,33~.19 feet, thence South 0~°21'08" East, 296.'92-feet, thence South 02°q6'25" East,- 750.60 feet to-the "'"~linning of a curve concave to the Northeasterly having a radius 336.00 feet, thence run Southerly along said curve 2q0.58 ,et, through a central angle of q1°01'29" to the end of said curve, thence South ~3°47'5~" East, 9~.86 feet to the South line of the North half of said Section 35, thence South 89°00'01" ..... West, 205.27 feet to the POINT OF BEGINNINC. AND A portion of the North half of Section 35, Township q9 South, Range 25 East; being described as follows: Be~in an the South line of the North half of said Section -"5, at a point North 89°00'01" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North q3°q7'Sq" West, 9q.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 2~0.58 feet through a central angle of q1°01'29" to the end of said curve, thence North 02046'25" West, 750.60 feet, thence North 0~.°21'08" West, 296.92 feet, thence North 00°29'15" West, 85.00 feet, thence North 89~31'01." East, 6q. q2 feet, thence South 0q°21'08" East, 378.3q feet, thence South 02°q6'25" East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.q6 feet, through a central angle of qlO01'29" to the end of said curve, thence South 43°~7'54" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89°00~01" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or J'ess. 3 HOLE, MONTES & ASSOCIATES. INC. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previ- ously approved DRI be made to the'local government, the regional planning agency, and the state land planning agency according to this form. 1. I, \~ 1 k.. I,. ! ~//',, ~. ~ ! b4~'5, the undersigned owner/authorized representative of L. &~O~ ~ o .~'r' :~'~,6,O hereby give notice of a proposed change to a (developer) previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concermng the ~.. t T' ~ ~z. ,'~'T'--~-~ development, which (original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copiesofthiscompletednotificationto ~Lx::D~.~(-, I'f~_. ~ ~___...~ 0 (local government) to the..~, o o'r',, W.~e,'r '¥-'1..~. Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. Date Signature "EXHIBIT B" NOPC FORM Applicant (name, address, phone). 10. Authorized Agent (name, address, phone)._ Location (City, County, Township/Range/Section) of approved DRI and proposed'ch~ge. - C. ot..t_l~.~ (...o, -1-~.,4 ~. %-q 7. t'~e:::~:. ~.6~ ~', ,~r,.... ~,.- Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or theApplicat/onforDevelopmentApproval. ~,,~: /.~,"FT'~ c't.¥"~ ~ Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. N/taX, Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifi- cations or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any informa- tion not akeady addressed in the Substantial Deviation Determination Chart). Has there been a change in local governmentj urisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI developmentorderfortheproject? /&'I'"'T" ~,,.C..'0~-4~ 1.~ Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria hsted in Paragraph 380.06(i 9)(b), Florida Statutes. ~i) ~ ~O ~/o Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(I 9)(e)2., F.S. YES NO 1/ Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. NOPC FORM /? 11. 12. 13. Will the proposed change require an amendment to the local government comprehensive plan Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the,, proposed changes to the previously approved DRI or development order conditions. I"///f:k Pursuant to Subsection 380.06(I 9)(0, F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and All proposed specific changes to the nature, phasing, and build-out date of the develop- ment; to development order conditions and requirements; to commitments and representa- tions in the Apphcation for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, ~een belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the propos, ed ch~.~_~e; An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; A proposed amended development order termination date that reasonably reflects the time required to complete the development; A proposed amended development order date until which the local government ayees that the changes to the DRI sh~l not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. 3 SUBSTANTIAL DEVIATION DETERMINATION CHART ,2/ 4 NOPC FORM NOPC FORM NOPC FORM 6 NOPC FORM . NOPC FORM < z © z z z 9 NOPC FORM lO NOPC FORM ATTACHMENT FOR THE CITYGATE N.O.P.C. The sole change proposed is to extend the life of the D.O. by two years, less one day, together with appropriate adjustments to the phase dates and other time related requirements within the D.O. The Citygate D.O. was originally adopted 12-13-88 via D.O. 88-2. That D.O. was appealed by DCA. The appeal was resolved on 8-20-90 via adoption of D.O. 90-4.The tolling date was subsequently deemed to be 10-29-90. The D.O. mandated development initiation within five years from the tolling date. On 2-21-95, D.O. 95-2 was adopted, extending the mandatory development initiation date by five years less one day, to 10-28-00, together with corresponding extensions of the development phase dates and other time related requirements within the D.O. There has been no change in local government jurisdiction since adoption of the 'last D.O. 10. The following phase dates and buildout date changes are proposed: Phase I Phase II Phase III Phase IV Phase V PHASE END DATES CURRENT 10-28-1998 10-28-2001 10-28-2004 10-27-2007 10-27-2010 PROPOSED 10-27-2002 10-27-2005 10-27-2007 10-27-2010 10-27-2012 DEVELOPMENT ORDER TERMINATION DATE CURRENT 10-28-2012 PROPOSED 10-27-2014 13.a. Section 9.c of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October~ 27, 2002, Phase II October "° ""'"~ ~'~ ,.,~, -,,~, ,-., 2005, Phase III October~ 27, 2007, Phase IV October -28~66-7 27, 2010 Phase V October "'° ,..~, ,.,., ,0 27, 2012, shall Words.underlined are additions; Words ~' ....'- thro~3h are deletions be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 13.c. Paragraph 3 of an untitled Section (Page 12) of Development Order 88- 2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 13.d. 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within ~ twelve (12) years from the date of final approval of the Development Order, development approval shall terminate, and this Development Order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 2,3, 2012 27, 2014. See 13.c. above. 13.e. Paragraph 4. of an untitled Section (Page 12) of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 4. Pursuant to Section 380.06 (15) (c) 3, Florida Statutes (-t-98-7 1999), this project is exempt from down zoning or intensity or density reduction for a period of~ fourteen (14) years from the date of adoption of the Development Order subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within ¢r~'e--(5) twelve (12) years as provided in Section 3 hereof. Words underlined are additions; Words -' ...."thr~u.qh are deletions. 2 EXECUTIVE SUMMARY PETITION VAC-00-002 TO VACATE A PORTION OF PLATTED 20' WIDE LAKE MAINTENANCE ACCESS AND DRAINAGE EASEMENT ON LOT 11, BLOCK B, "WILDCAT COVE TWO", AS RECORDED IN PLAT BOOK 30, PAGES 1, THROUGH 3, PUBLIC RECORDS OF COLLIER COUNTY. LOCATED IN SECTION 3, TOWNSHIP 48 SOUTH RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the above described Lake Maintenance Access and Drainage Easement. CONSIDERATIONS: Petition VAC-00-002 has been received by Planning Services from Butler Engineering, Inc. as agent for owner Community Development Corporation of Sterling Oaks, requesting the vacation of a portion of the above-described Lake Maintenance Access and Drainage Easement to accommodate residential construction improvements. A letter of no objection has been received from Storm Water Management. Zoning P.U.D FISCAL IMPACT: Planning Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC-00-002 for the vacation of a portion of the above-described Lake Maintenance Access and Drainage Easement, and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Requesting the Clerk to the Board to make appropriate marginal notes on the recorded plat. AGE.~A ITEM 7 2000 PREPARED BY: Russ ~uller, Senior Engineer REVIEWED BY: Thomas E. Kuck, P.E., Engineering Review Manager Robert Mulhere, AICP Planning Services Department Director APeD BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services DATE DATE DATE DATE ~,'? D MAY 2 3 2000 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. - PETITION VAC-00-002 TO VACATE A PORTION OF PLATFED 20' WIDE LAKE MAINTENANCE ACCESS AND DRAINAGE EASEMENT ON LOT l I, "BLOCK "B", "WILDCAT COVE TWO", AS RECORDED IN PLAT BOOK 30, PAGES THROUGH 3, PUBLIC RECORDS OF COLLIER COUNTY. LOCATED IN SECTION 3, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Butler Enganeenng, Inc., as agent for 11 owner, Community Development Corporation of Sterling Oaks, does hereby request the vacation of a 20' 12 wide Lake Maintenance Access and Drainage Easement on Lot 11, Block B, "Wildcat Cove Two" as 13 recorded in Plat Book 30, Pages 1 through 3, Public Records of Collier County, Florida, and being located in 14 Section 3, Township 48 South, Range 25 East; and 15 16 WHEREAS, the Board has this day held a public hearing to consider vacating a portion of said "Lake 17 Maintenance Access and Drainage Easement" as more fully described below, and notice of said public 18 hearing to vacate was given as required by law: and 19 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 20 convenient access of other property owners. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 22 COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: 23 See Exhibit "A" attached hereto and incorporated herein. 24 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified 25 copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of 26 this vacation on the recorded plat as referenced above. 27 'Fats Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 28 29 30 31 32 33 34 35 36 37 38 39 4O Approved as to form and legal sufficiency: Marni Scuden- Assistant County Attorney BY: TIMOTHY J. CONSTANTINE, CHAIRMAN MA'f "" 2000 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 WH,nCAT COVE TWO AREA OF EASEMENT MODIFICATION (TO BE REMOVED) LF~GAL DESCRIPTION A PORTION OF LOT 11, BLOCK "B", WILDCAT COVE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 30 AT PAGES I 'rHROUGH 3 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOP, IDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 11, BLOCK "B", WILDCAT COVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 30 AT PAGES 1 THROUGH 3 OF THE PUBLIC RECORDS OF COI.IJER COUNTY, FLORIDA; THENCE N.29°57'43"E., A DISTANCE OF 13.68 FF~T TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.30°46'39"E., A DISTANCE OF 54.43 FE. ET; THENCE N.38°46'39"W., A DISTANCE OF 13.25 FEET; THENCE N.28°lY13"W., A DISTANCE OF 41.35 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 50 SQUARE FEET, MORE OR LESS. ~~/_..~"'~ ~ ' 11/04/99 BRETr A. BISHOP,_~"ATE OF FLORIDA, (L.S./14760) BBLS SURVEYOP~ & ,MAPPERS INC., (LB. #6753) 96WCl 1BEXB.$AM (PROOFED 11/04~9 R.M.D.) (SEE ATTACHED SKETCH) WC 11BEXB.DWG PAGE 1 OF 2 ... LEGEND F.,~.C. FLORtOA ADMINISTRA'I~ C~OES P.B. ~T ~ ~. PA~S U.E. U~ EA~NT UE. M~N~ E~NT L~ ~ E~T D.E. DR~A~ ~MENT U~ LI~O ~ SCALE: 1" = 20.00' (c) c~ / ¢v~ / THIS EXHIBIT MAY HA~ BEEN REDUCED r.~.~ t / ~ / L2 ~ 15~5'~'~ ~0.~' (P) ~ (C) ~m~S~ C~, ~ ~0~ ,. ~ / ~ ./ L~ N. 2~57'4J~. ~.25' (C) ~ ~ , ~ ~ ~.~.~'~,-~ ,~.:~. ~LDD4 (P.B. 25, , . / ~ ~ / ~.) ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~T C~ num~ I (C) ~ num~ 2 (P) ~ (C) 2.) ~ ~ ~ ~ ~ ~ ~vA~ ~ Rad~s-- 121.67 R~s~ 121.67 · ) ~ L~ ~ ~ ~ ~ ~ ~ ~ ~ ~f ~ ~ ~C~ 20.05 Arc~ ~ ~ ~~s~~~ T~t- 10.~ ~ ~ ~. ~ ~ ~ ~T ~ ~t ~ ~ O~ ~ ~ ~d-- 20.02 ~d-- I0.~ ~ ~ ~T A SURVEY SHE~ 2 ~' ~KE ~ t ~E ACC~ & ~ ~~~ ~ AR~~~~BER~) ~ ,, ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR ~ORTION$ ' OF PLATS OF SUBDIVIDED ~AND [EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT] Date Received: /-/~- ~)O Petition ~ Address: ~~ ~~ ~ ~[~ Telephone:~~; City/State: ~~ ~ Zip Code: Address: ~~~ ~ ~ Telephone:~/ City/State: k3 A p~ ~. Address of Subject Property: City/State: k3~~ Location% Section ~ Zip Code: Township Range Legal Description: Lot %\ Block ~ Unit Subdivision: t35%~Z~7- ~.~ Plat Book ~o Page(s) Current Zoning: ~O'~ Does this affect density? I ~ereby Authorize Agent Above to Represent Me for this Print Na]e No Please see "policy and Procedure of Vacation and Annulmen%" for the list of supportive materials which must accompany this petition, and detiver or mail to: Transportation Services Collier County Government Complex : Naples~ FL 33962 ~ Telephone: (941) 774-8494 *(1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. Page 4 of 4 z: 2C00 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date i Pmt Slip # ! Status 177585 01/31/2000 9:26:57 AM i 01/31/2000 i MS-65660 ~ POSTED SERLING OAKS CONST. New or Exist: N Payor ' STERLING OAKS Fee C_o_de _--D_esc_ri?~i~n Fee Information GL Account Amount Waived 12PVAC PETITION TO VACATE 11313890032910000000 $1000.00 Total $1000.00 P_aym~nt ~ode _Account/Check Number CHECK 12095 Memo: Easement Vacation Check No. 012095 Payments Total Cash Total Non-Cash Total Paid Amount $1000.00 $0.00 $1000.00 $1000.00 Cashier/location: FROLOFF E / 1 User: AKERS T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:01/31 F/,AY 2 3 2000 D00 9:27:20 AM BUTLER engineering, January19,2000 inc. R EC 2000 E-~,,g.L-~.o rh~-==, Inc. Mr. John Boldt, PE & PSM Collier County Stormwater Management Department Building H, Collier Courthouse Complex Naples, Florida 34112 Su.bject: Wildcat Cove Two @ Sterling Oaks PUD Pa~ tiai vacation of' Lake Maintenance Easement Dear John, There is an existing lake access easement originally described in the Wildcat Cove plat (PB 26, Pg 28&29). The house fin lot 11 slightly encroaches on this easement by 1.84 feet over a very limited portion of the easement. We are requesting vacation ofa sliver of the easement and need your letter of no objection to process the request. Please call with any questions. T}lallk VO[lr for your assistance. Si~ercl.v. B~nccring, Inc. J. G~hry~Butler, PE Joh~3A3oldt, PE & PSM, Director Collier County Stom~water Management Department 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 TELEPHONE (941) 566 - 3636 FAX (941) 566 - 1327 Email PBUTLER202@AOL.COH I~AY 2 3 2000 02:05'00 TUE 16:0~ FA~ 19t15665055 ST£RLI~G OAKS ~002 BUTLER engineering, Jnc. January 19, 2000 M~. Stuart O. Kaye, Pt~ident Sterliag Oaks Commaairy Association a~d Club, 16990 T~ T~I Naples. F]o6~ 3a110 Subject: Wikk:at Cove Two ~ Sterling Oaks PUD P-~mal vacation of Lake ~',ai.~t¢~ance F. ase ,n',ent There ts an cxistxng lake access easement origiull¥ described m the Wiktcat Cove plat (PB 26, Pg 25&29) The hou, e on lot requesting vacation of a fliver of tl'~e ea,.ernent and need your lett, r of e.o objecco~ to process the request Pl-case call wl;h ally Thank )'Ou~ for you~ a~sulmnce. $m,t~ely, Inc. B~enng, J. ~ Butl¢~, PE t flu not object to the requested vacation, Stua~ O. K=ye. ?re$¢&nt Smhng Oaka Community A~$oeiafion and Club, Inc. Z223 TRADE CENTER WAY NAPLES, FLOii. IDA 3~109 TELEPHONE (9~,1) 566- 3636 FAX (941) 566 - 1 ]27 Em3!l PBUTLER2.02@AOL.CO!~t AGE,"JA ll 'F..M MAY 2 3 2000 iTEM 2000 ~O'd qVzOl £~9~96S~76 ITEM 2106208 OR: 2236 PG: 1504 ~COllgt;D in OPPICIAL ~CO~.~ of CO[,LHR COOIfiL This Docu~aent Prepared By: CONS 11235383.00 Dennis P. Cronin, Esquire ~C ~ BOND, SCHOENECK & KING, P.a. D0C-.?0 1167 Third Street South, Suite 107 Naples, FL 33940 B0~ ~O~C[ 1161 ~I~ S~ S ~107 ARRANTY DEED "'"' TM G~ ~1 ~: ~is Indenture, Maae =hl, / ~day of ~C~ , Igg~ A.D., by ~INO ~ JOI~ ~ ~/k/a C~SS ~ JOI~ ~, Pa~nership, and hav~g i=s principal place of bus~ess at 16990 Nor=h T~i~i Trail, Naples, Florida 33963, heresafter called the gr~tor, to D~P~ ~O~TION OF S~INO O~, m Florida whos~ address is: 4863 ~lden Gate Par~ay, Naples, Florida 34116, hereinafter called the grantee. WiDIE$$Et~ that the grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) ...... and other good and valuable consideration to grantor in hand paid by grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee and grantee's successors and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida to wit: SEE ATTACHED EXHIBIT "A" Subject to covenants, conditions, restrictions, easements, I/mitations and reservations of record, recorded at O.R. Book 1940, Page ;279 et seq., Pubh'c Records of ColEer Count)', Florida, and taxe~ and assessments for the current and subsequent years. Subject to a Mortgage to Barbara Malmquist, Trustee recorded at O.R. Book 1372, Page 1230, et seq., Pubh'c Records of Coll/er Count),, Fladda, as motioned, which Grantee does not assume and agree to pay. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. A~d the grantor hereby fully covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against lawful claims of all person 0022488.01 M, ,7 3 2000 L OR: 2236 PG: 1505 whomsoever! and that said land is free of all encumbrances, except as stated herein. Not by way of limiting the foregoing, Grantor agrees to be responsible and to cause to be cleared any defects in the title from the period of August 22, 1995 through September 30, 1996. l~/i~E$$V~erfO~ the grantor has caused these presents to be executed by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: hess ~ ' 3 Witness Printed Name:.T~,~=(7 /W, ~'~ WESTBURY CYPRESS HEAD, ~NC., a Florida corporetion, on behalf of itself and as Managing General Partner and STERLING OAKS JOINT VENTURE, s Florlda ~enersl Partnership BY:/~' , Michael G. DeGroote, Vice President 2200 Gordon Drive Naples, Florida 33940 (SEAL) state of Florida county of Collier The foregoing instrument was acknowledged before me this I~r- day of ~tO~-- , I9fl~, by Michael G. DeOroote, as Vice President of WESTBURY CYPRESS HEAD, INC., a ?lotida corporation, on behalf of itself and as Managing General Partner and STERLING OAKS JOINT VENTURE, a Florida General Partnership. He is personally known to me. NOTARY PUBLIC Printed Name: My Commission Expires: LEGAL DESCRIPTION Sterling Oaks, Plat Book 23, Pages 5-20, Public Records &Collier County, Florida. Sterling Oaks, Phase 2B, Plat Book 25, Page 54, Public Records of Coilier County, Florida. W'fideat Cove, Plat Book 26, Page 28, Public Records of Collier County, Florida. Sweetwater Bay, Plat Book 25, Pages 37-39, Public Records of Collier County, Florida. Sweetwater Bay 17, Unit 1, Plat Book 26, Pages 96-98, Public Records of Collier County, Florida. Less and except the following: Lots 7, 8, 13, 14, 16-18, 22-30, 34, 36, 38-53, 56-61, 64, 66-70, 72, 75-82 and 84-87, Tract E, as referenced in Sterling Oaks, Plat Bc~ok 23, Pages 5-20, Public Records of Collier County, Florida. Lots 98, 99, 102-112 and 115, Tract C, as referenced in Sterling Oaks, Plat Book 23, Pages 5-20, Public Records of Collier County, Florida. Tract R, as referenced in Sterling Oaks, Plat Book 23, Pages 5-20, Public Records of Collier County, Florida. Lots 4-8, 12, 14, 15 and 20, Block A, as referenced in Sterling Oaks, Phase 2B, Plat Book 25, Page 54, Public Records of Collier County, Florida. Lots 47 and ,18, Block A, as referenced in Wildcat Cove, Plat Book 26, Page 28, Public Records of Collier County, Florida. Lots 85-88, Block C, as referenced in Wildcat Cove, Plat Book 26, Page 28, Public Records of Collier County, Florida. Lot 114, Block D, as referenced in Wildcat Cove, Plat Book 26, Page 28, Public Records of Collier County, Florida. Lot 116, Block E, as referenced in Wildcat Cove, Plat Book 26, Page 28, Public Records of Collier County, Florida. EXHIBIT "A" PAGE I OF 2 O0224 2000 *** OR: 2236 PG: 1507 *** Units 1101-1104 and 1201-1204, Phase 1, and common elements appurtenant thereto, as referenced in Sweetwater Bay, Plat Book 25, Pages 37-39, Public Records of Collier County, Florida. Units 2101-2104 and 2201-2204, Phase 2, and common elements appurtenant thereto, as referenced in Sweetwater Bay, Plat Book 25, Pages 37-39, Public Records of Collier County, Florida. Units 3101-3104 and 3201-3204, Phase 3, and common elements appurtenant thereto, as referenced in Sweetwater Bay, Plat Book 25, Pages 37-39, Public Records of Collier County, Florida. Tracts B, N, O and V, as referenced in Sweetwater Bay II, Unit 1, Plat Book 26, Pages 96-98, Public Records of Collier County, Florida. Property described in instruments recorded at O.k Book 2197, Page 1335 and O.K. Book 2127, Page 1748, both of the Public Records of Collier County, Florida. EXHIBIT "A" PAGE 2 OF 2 OO2 '453.01 2 3 2000 EXECUTIVE SUMMARY PETITION VAC-00-008 TO VACATE A PORTION OF A LAKE MAINTENANCE EASEMENT ON TRACT B, "CROWN POINTE SHORES", AS RECORDED IN PLAT BOOK 26, PAGES 55 THROUGH 56, PUBLIC RECORDS OF COLLIER COUNTY. LOCATED IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the above described Lake Maintenance Easement. CONSIDERATIONS: Petition VAC-00-008 has been received by Planning Services from PMS, Inc. of Naples as agents for owner, Naples Financial Group, Inc., requesting the vacation of a portion of the above-described Lake Maintenance Easement to accommodate construction improvements. The Lake Maintenance Easement is dedicated to Collier County with no maintenance responsibility. Letters of no objection have been received from all pertinent users and agencies. Zoning P.U.D. FISCAL IMPACT: Planning Services has collected a $1,000.00 "Petition to Vacate" fees from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC-00-008 for the vacation of a portion of the above- described Lake Maintenance Easement, and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Requesting the Clerk to the Board to make appropriate marginal notes on the recorded plat. Senior Engineer REVIEWED BY: Thomas E. Kuck, P.E., Engineering Review Manager Planning Services Department Director Vincent A. Cautero, AICP, ~-~ministrator Community Development & Environmental Services DATE DATE DATE DATE 2000 RESOLUTION NO. - PETITION VAC-00-008 TO VACATE A PORTION OF A LAKE MAINTENANCE EASEMENT ON TRACT B, "CROWN POINTE SHORES", AS RECORDED IN PLAT BOOK 26, PAGES 55 THROUGH 56, PUBLIC RECORDS OF COLLIER COUNTY. LOCATED IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, PMS, Inc. of Naples, as agent for owner, 10 Naples Financial Group, Inc., does hereby request the vacation of a portion of Lake Maintenance Easement 11 on Tract B, "Crown Pointe Shores" as recorded in Plat Book 26, Pages 55 through 56, Public Records of 12 Collier County, Florida, and being located in Section 7, Township 50 South, Range 26 East: and 13 14 WHEREAS, the Board has this day held a public heanng to consider vacating a portion of said Lake 15 Maintenance Easement as more fully described below, and notice of said public heanng to vacate was given 16 as required by law; and 17 18 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 19 convenient access of other property owners. 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF 21 COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: 22 See Exhibit "A" attached hereto and incorporated herein. 23 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified 24 copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of 25 this vacation on the recorded plat as referenced above. 26 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 27 28 29 3O 31 32 33 34 35 36 37 38 39 Approved as to form and legal sufficiency: Marni Scuderi Assistant County Attorney BY: TIMOTHY J. CONSTANTINE, CHAIRMAN BBLS SURVEYORS AND MAPPERS INC. 1052-A RAILHEAD BOULEVARD NAPLES, FLORIDA 33963 TELEPHONE: 941-597-13 i 5 FAX: 94 i -597-5207 CROWN POINTE SHORES LAKE MAINTENANCE EASEMENT (TO BE REMOVED) LEGAL DESCRIPTION A PORTION OF TRACT "B", CROWN POINTE SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26, AT PAGES 55 THROUGH 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT "B", OF SALD CROWN POINTE SHORES, THENCE S.89°2 l'02"W.ALONG THE SOUTHERLY LINE OF SAID TRACT "B", A DISTANCE OF 45.00 FEET; THENCE N.77°59'I7"W., A DISTANCE OF 97.45 FEET; THENCE N.49°14'39"W., A DISTANCE OF 34.19 FEET; THENCE N.46°14'I7"E., A DISTANCE OF 28.19 FEET TO THE POINT OF BEGINNING; THENCE N.01 °20'48"E., A DISTANCE OF 181.52 FEET; THENCE S.26°3Y54"E., A DISTANCE OF 35.18 FEET; THENCE S.07°35'41"W., A DISTANCE OF 151.33 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.03 ACRES, MORE OR LESS. BEARINGS REFER TO CROWN POINTE SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 55 AND 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD. ~~'~~'"*'~' ?' 12/09/99 RETT A. BISHOP, ST/W~ OF FLORIDA, (L.S. #4760) BBLS SURVEYORS & MAPPERS INC., (LB. #6753) 98641.M.SAM PR¢ X}FED 12/09/99, KJG (SEE ATTACHED SKETCH 9864LM) 1 2000 PETITION Attachment "B" FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: Petition #: ~/~._ ~ - oo~ Petitioner: city te: Address: City t,: Address of Subj~t U tion: Telephone: 5~ ~' '~ ~'~)0 Zip Code: ...~q 108 Telephone: Zip Code: Legal Description: Lot Block Unit Plat Book ~o Page(s) Current Zo~ng: ~ ~ D~s t~s affect de~ity? ~ ~ I hereby author iz~~~~~s petition:~~ No . Sig~urfl 'of ~titi~ner~ ~. Dat~ (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 &If applicant is a !and trust, indicate the name of beneficiaries. f applicant is a corporation other than a public corporation, indicate the name of officers and major tockholders. ~.~ (/~'~' (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of ~,~ ~.- principals. (4) List a, other owners. Attachment "B" ~ '': 2000 Page 4 of 4 Crown Pointe Shores Petitioner: Principals: Keith Sharpe Richard F. Corace Gerald F. Griffin Naples Financial Group, Inc. President Vice President Secretary, Treasurer Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners i 03/22/2000 9:43:08 AM Post Date Pmt Slip # Status 03/22/2000 MS-68062 POSTED 'Trans Number i Date ~ 186766 NAPLES FINANCIAL GROUP, INC New or Exist: N Payor · NAPLES FINANCIAL Fee Information Fee Code Description ! GL Account ' 12TRVC REV ACCT/VAC EASEMENT-ROW i 10116361032910000000 Total Amount Waived $1000.00 ~ $10o0.0o 1 Payments Payment Code Account/Check Number Amount CHECK 3330 $1000.00 Memo: Check No. 3330 VAC-00-008 Crown Pointe Shores Total Cash Total Non-Cash Total Paid $0.00t $1ooo.oo i $1ooo.oo~ Cashier/location: FROLOFF_E / 1 User: SPANGLER T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:03/22 AG~A iT~ ~9't9 COLL,.~£R COUNTY NOTZC£ OF AD ¥ALOR:EM 'TAXES AN~ NON-A~ VALOK£n ASS S:SI"I ~lT ~UNT EARNEl) 4~. ZN NOV ~ 3~. ZN D£C I 2'4 TN JAN / 1~. ZN Ir£8 / ~% ~N $rlA; ,.T__uc__.__L~____ I~q TAXIS soo 1 oo 158 I '"--"~ J ~APL~ FZNA'NCZAL &~UP ZNC JOO0~$?500~OO? OOOOOOOOO0 0000000000 00000 ~l¶q COLLZER COUNTY NoT'rc£ OF' A) ¥ALOREM T.A. XES AND. NO, N-AD VALOREli .-dNT £ARNED t q% TN NOV / ~ IN D[C ~ ~ IN J&N i I% Z" P£B ~,,T,~ I .o~_~,_. -o~ ' .ool .ool tomy _~1 C~LB CIIW TAX CaJ,ICTOI $ · ],& q~ KNOL.STATe ~ L'OUrl~__~ CIP~ -II,KO~ ]00029S7500~1o4 OOOOOOOOO0 0000000000 OOOOO TOTAL cAKE MAINTENANCE EASEMENT ~ \ ',,".:,,, ',3" .~' ',,~ S. 89'57 50; "W. ' ~?~,,.o~ ?.c) 251.50' SOUTH SHORE ~LLAS AT CRO~ POINTE -1 I~T CI~ POZNTE m%I.EV~