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BCC Minutes 01/09/1990 R Naples, Florida, January 9, 1990 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on ~his date at 9:00 A.M. in REGULA/~ SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Max A. Masse, Jr. Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodntght ALSO PRESENT: James C. Giles, Clerk; Maureen Kenyon and Ellie Hoffman, Deputy Clerks; Nell Dorrtl/, County Manager; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Jeff Perry, MPO Director; Dick Clark, Code Enforcement Supervisor; Ken Baglnski, Development Services Manager; William Lorenz, Environmental Services Administrator; Bob Lord, Dave Weeks, Ron Ntno, Bryan Milk, Planners; Sue Fi/son, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. · 00001 January 9, 1990 Tape AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Coamissioner Saunders moved, seconded by Commissioner Volpe and carried unanimously, that the agenda and consent agenda be approved with the following changes: Item 12A - Recommendation to approve and execute a Limited Use Agreement between the Board of County Commissioners and the Collier County Agricultural Fair and Exposition, Inc., a Florida Corporation, which provides for the temporary place- ment of mobile trailers adjacent to the Collier County fairgrounds solely for the purpose of living quarters for employee~, of the fair (Commissioner Goodnight) - Added. Item 6B2 re Petltlon R-89-12, Astron Development of Naples, Inc. requesting a rezone from "E" to PUD for a commercial development to be known as Astron Plaza - Continued at Petitioner's request to January 16, 3990. Item 6C2 - Adoption of an ordinance amending the established Growth Management Plan for Collier County, Florida - Continued at Staff's request to January 23, 1990. Item 9B1 - Recommendation to approve a plan for the interim opening of Center Street between Pine Ridge Road and Goodlette-Frank Road - Continued to January 30, 1990. Item 14B! - Recommendation to execute Purchase Agreement for the acquisition of right-of-way for the North Naples Roadway MSTU - Deleted at Staff's request. Item 14E2 moved to Item 9El - Recommendation to fix a date and place for a public hearing to consider awarding Certificates of Public Convenience and Necessity to McGaughey Buses, Inc. d/b/a MBI Tours, Sea Breeze Taxi, Inc., and Callahan's Airport Transportation Services, Inc. {Staff's request) Item 14Fl moved to Item 9Fl - Recommendation to award a Certificate of Public Convenience and Necessity to Western Gateway Volunteer Ambulance Service, Inc. {Staff's request) Commissioner Saunders questioned why Petition R-89-12, Astron Development of Naples, Inc. is being continued, to which Attorney Dudley Goodlette, representinG Astron Development, stated that his client is working with the people of the area to resolve a few problems and would like one more week to be sure that all iss~ss have been Commissioner Saunders stated that he has had a request that Item regarding the exchange of properties and the phased development of an archaeological museum-park on the historic Otter House site at Page 2 January 9, 1990 Caxambas be withdrawn. Commissioner Shanahan moved, seconded by Commissioner GoodnAght and carried unanimously, that Item 9C! be withdrawn from the agenda. County Attorney Cuyler noted for the record that Item 6B1 ia con- tinued to February 13, 1990; Item 6C1 is continued indefinitely; and Item 7Al is continued to February 13, 1990, as indicated on the agenda. Commissioner Volpe stated that he has concerns with regard to when the agendas are ueceived by the Commissioners, noting that the last several weeks the agendas have not been delivered tn a timely fashion and it presents a problem. He questioned if the agendas can be pre- sented to the Commission at least five days before the meeting date? County Manager Dorrlll stated that the agenda deadline is Wednesday at noon and the agenda is then sent out to be printed. Ha stated that the printer's current contract requires that he have the agendas back in his office no later than noon on Friday, noting that this past week he was late. He stated that he has indicated to the printer that if he cannot meet the performance requirements, the contract will be canceled. Commissioner Volpe stated that receiving the agendas on Friday does not leave that much time and questioned if the deadline could be moved back, to which County Manager Dorrill stated that Mondays are always busy days and on Tuesday most Division Administrators spend their day in the Boardroom, and Wednesday at noon is the deadline for the next week's agenda. He stated that for him to back up this deadline would be extremely difficult because of the time that it takes for Staff to prepare their agenda items after the Tuesday meeting and still meet the deadline. He ~tated that there would also be a problem with the Planning Commission based on the fact that they meet on Thursdays. He indicated that he would check into the matter and see what could be done. Commissioner Saunders indicated that in other counties, ~ey have O0009 Page 3 January 9, 1990 two meetings a month, for example on a Tuesday, where they have their regular agenda and then every other Thursday they would have their zoning agenda. He noted that this may facilitate staff tn the pre- paratton of the agenda. Commissioner Hasse directed that this matter be reviewed to deter- mine if it could be handled differently. Item ;4 MINUTES OF REGULAR BCC MEETINGS OF DECEMBER 5 AND DECEMBER 12, 1989 - APPROVED AS PRESENTED Commissioner Shanahan moved, seconded by Commissioner Goodn~ght and carried unanimously, that that the minutes of December 5 mhd December 12, 1989, be approved as presented. Item ~S& EMPLOYER SERVICE AWARDS - PRESENTED Commissioner Hasse presented Employee Service Awards to the following County employees: Larry Brown - Road & Bridge Department Thomas Donegan - Capital Projects Item 96B3 years - not present years PETITION R-89-8, GEORGE L. VARNADOE, REPRESENTING SIGNATURE COMMUNITIES, INC. REQUESTING R~ZONE FROM "E" TO "PUD" TO DEVEF~OP A 592 UNIT MDT, TI-FAMILY PROJECT KNOWN AS FOUR LAKES - CONTINUED UNTIL NEW ROUSING ORDINANCE IS ADOPTED Legal notice having been published in the Naples Daily News on December 19, 1989, as evidenced by Affidavit of Publicat~on fl/ed with the Clerk, public hearing was opened to consider Petition R-89-8 filed by George L. Varnadoe of Young, Van Assenderp, Varnadoe and Benton, P.A., representing Signature Communities, Inc.; Gerald F. Griffin III, President, requesting a rezone from "E" to "PUD" to develop a 592 unit multi-family project known as Four Lakes for property located at the southwest corner of the intersection of Dav~s Boulevard (eR-84} and County Barn Road in Section 8, Township 50 South, Range 26 East, con- sisting of 56.4 acres. Planner Lord stated that th~s petition was before the BOG ~n a public hearing on November 28, 1989, at which t~me it was continued 000 Page 4 January 9, 1990 because of two items that were not resolved. He noted that one of the issues was a Corps of Engineers question regarding the amount of Jurisdictional wetlands that shall be kept In their natural state. He indicated that the Petitioner ts ready to assume the action of having to redo this rezone and enter into a PDA or PUD amendment in order to revise the maste] plan to accommodate the Increase in Jurisdictional wetlands should the Corps of Engineers decide to mitigate the dif- ference between 1.7 acres as now planned and the 8.9 acres that the Corps of Engineers ts now asking for. He indicated that the second Issue Is that the affordable housing, which should be approved by the Department of Housing and Urban Improvement and the County Attorney's office before the BCC approves this rWzone petition. He stated that this agreement has not been resolved even though it has been under review by departments since December ]4, 1989. He noted that the county Attorney's office as well as the Department of Housing and Urban Improvement have problems with this agreement a~)d cannot recom- mend approval to the BCC with regards to this agreement. He stated that the Petitioner requested an agenda date with the hope of resolving these Items prior to the BCC meeting. He indicated that at the CCPC hearing and the BCC hearing of November 28, 1989, there was considerable opposition against this petition. He noted that the CCPC recommended approval of this petition subject to all stipulations and the agreement which includes an execution of an agreement to the satisfaction of the Director of the Department of Housing and Urban Improvement and the County Attorney's office. He stated that if the developer refuses to provide an acceptable agreement, then it is the recommendation of Staff that this petition be denied. He noted that the Board could also recommend to continue this petition until the agreement has been finalized. Commissioner Saunders questioned when the housing ordinance will be coming before the BCC, to which Mr. Lord stated that the ordinance is in the County Attorney's office at this time and he ts expecting It 00011 Page 5 January 9, 1990 to be returned to him to be advertised An the near future. Commissioner Saunders questioned if it would be appropriate to delay this petition until after the housing ordinance has been approved, to which County Attorney Cuyler indicated that the Board has the discretion to continue this matter. Commissioner Hasse stated that there are a number of people pre-- sent to speak on this matter and he would suggest that the petition be heard. Commissioner Volpe stated that the last time this Item came up, it was continued until the agreement regarding the housing and the issue of the Jurisdictional wetlands were resolved. Mr. Lord stated that Staff has an agreement that is not acceptable and indicated that it is the decision of the BCC. County Attorney Cuyler stated that he understood that these mat- tars were to be resolved before this petition came back to the Board, noting that the agreement was sent to the office a day or two before the last hearing. He stated that the agreement has been tn the office but apparently the Petitioner came tn and asked that the item ~e read- ver%lsed and no one contacted his office regarding the agreement He indicated that the internal Department of Housing has found the agreement unacceptable, but he has not thoroughly reviewed it for legal sufficiency or talked with the Petitioner to find out if any of the legal matters could be negotiated. Attorney Bruce Anderson of Young, Van Assenderp, Varnadoe and Benton, stated that he has no objection ~:o a continuance. Commissioner Hasse stated that there are 10 registe~ed speakers on this matter. Commissioner Saunders stated that there are occasions where a petition should be continued and this may be one of those occasions because the Commissioners do not know at this time what the housing policy will be. He stated that this poltc¥ should be in place shortly and feels that the only fair thing to do is to continue this 00012 Page 6 January 9, 1990 matter. Mr. Anderson stated that the Growth Management Plan speaks directly to this issue as to what procedures and what ordinances shall be applied unttJ a new affordable housing ordinance is adopted, not~n~ that he did proceed under that criteria. Commissioner Saunders stated that Mr. Anderson followed the ordi- nances that are in effect this date, but a new ordinance will be in effect in 30 days or 60 days and it is not appropriate for the BCC to approve or deny a petltion in light of the fact that the policy will be changed. Commissioner Volpe stated that there is an issue as to whether this petitioner believes that the new affordable housing policy wall apply to this project, addinG that this is a legal issue which has not been ~'esolved. Commissioner Saunders stated that this petition can be subject to the new policy by not approving this petition this date, noting that Mr. Anderson has agreed to a continuance. He indicated that he is suggesting that this petition be continued indefinitely and when the ordinance is in place, this petition will be readvertised once it is made consistent with the new policy. Mr. Anderson questioned if this petition could come back iff he should reach an agreement with the Housing and Urban Improvement Director prior to the adoption of the new housing policy, to which Commissioner Saunders stated that he doe~ not have any problem with that, but he does not fee] that this will happen. Commissioner Volpe stated that he feels that policy should be set first, before this project is brought back. Conisaionar Saunders moved that Petition R-89-8 ~ continued indefinitely and it be readvertised once the new housing ordinance ham h~en adopted. Seconded by Commiosioner Goodnight. Mr. George Keller, Presldent o~ Collier County Civic Federation, stated that he is representing the people in the area and Page 7 00018 January 9, 1990 to this project in its entirety because of its physical nature. Ha stated that continuing this petition ts not going to help, noting that the density on Davis Boulevard ts 3 or 4 to the acre and this project is coming tn with 10 to the acre. He stated that there will be too much traffic and the people do not want this project at all. Upon call for the question, the motion carried 4/1, (Co~ee~crneF H&eee opposed). Commissioner Volpe questioned when Staff anticipates that this ordinance will be presented for review, to which Mr. Lord stated that this matter should be coming to the Board in about a month. Mr. Alan Reynolds of Wilson, Miller, Barton, Sell & Peek, Inc. stated that with respect to the policies in the Comprehensive Plan and the entry level housing ordinance, some direction needs to be given. He noted that there is a provision in the Growth Management Plan that allows these projects to be reviewed under entry level housing, but there is a disagreement between developers and Staff as to how to proceed on these projects. He stated that he would request that the Board entertain a workshop on this matter. Planning Services Manager Baglnskt stated that the applicant's suggestion is well taken, but Staff has taken the posture that there should be specific /imitations, percentages, and ratios to establish clear guidelines. He noted that these &~e things that need to be worked out and will L, ~i~:'.: ifl.d ::, ~%~. upcoming ordinance. ~e noted that the public hearing could resolve these Issues. Commissioner Volpe stated that there ts a distinction between affordable housinG and entry level housing which the Growth Management Plan attempted to address, noting that this whole issue should be addressed in the context of the new housing ordinance. Commissioner Saunders stated that all these issues will be addressed tn the ordinance and noted that he does not see & need to have a separate workshop. Mr. Reynolds stated that this project was filed under the interim Page 8 00014 January 9, 1990 policy that the Board had at the time and if it is the inten~ of the Board to do away with that policy, then the developer needs some direction. Commissioner Saunders stated that the Board ]s now on the verge of having a permanent policy which is the point of continuing thfs peti- tion. He stated that Florida Law is very clear in the fact that ff a local government has an ordinance that is on the drawing hoard that will affect a current petition, that petition can be delayed until the new ordinance goes in effect. Mr. Reynolds stated that this application was presented under the interim policy and he would like to present that issue independent of the new affordable housing ordinance. He stated that as soon as the Board can establish some direction, everyone will be better off when they are reading the Growth Management Plan. Commissioner Volpe indicated that as part of the review of the Growth Management Plan, affordable housing is encouraged, but he does not understand the density formula. Commissioner Goodn~ght stated that if this area is traffic congested then there should be a moratorium in the area. She stated that if the road cannot take the traffic, there should be nothing else permitted there until the road is brought up to the required stan- dards. Comm~ssioner Saunders questioned if the Board is required under the Comprehensive Plan to add 8 additional units if a pro~ect q~ali- lies for affordable housing or can the Board add up to 8 units? He further questioned if the Board has the right to take into con- sideration the traffic and other issues when reviewing a petit~on? County Attorney Cuyler stated that the 8 units is a maximum fibre and the Board has the ability to take into consideration traffic and any other concerns. He stated that the Board is not required to grant the maximum amount of density. Commissioner Saunders stated that he realizes that it ts an triton- Page 9 0001,5 January 9, 1990 venlence for the people to have to come back, but he feels that thle project should be evaluated under the new housing policy. Itel ~B4 ORDINANCE 90-1 RE PETITION PDA-89-12 DWIGHT NADEAU FOR NILLIAM C. MCANLY & ASSOCIATES, REPRESENTING CRYSTAL LAF~ JOINT VENTUR~ AN AMENDMENT TO ORDINANCE 84-73 WHICH ESTABLISHED CRYSTAL ~ ~VC - ~ED SUB.CT TO ~~ OF THE PUD A~ ~ DELETION OF CLI~ COBOL REGARDING SCREEN/VI~L ENCLOSED PORCHES ~ ADDITION OF DEED RESTRICTION REQUIREMENTS REGARDING OCCUP~CY Legal notice having been published in the Naples Daily News on December 19, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-89-12, filed by Dwight Nadeau for William C. McAnly& Associates, repre- senting Crystal Lake 3otnt Venture an amendment to Ordinance 84-73 which established Crystal Lake PUD. P2. anner Nino stated that this is a proposal to amend the Crystal Lake TTRVC PUD, notinG that the location is on C.R. 951 south of Immokalee Road. He noted that this proposal constitutes a design change, the number of units has essentially stayed the same with the exception of 80 campsites that have been deleted. He indicated that Staff is of the opinion that this application is consistent with the Growth Management Plan, noting that all the conditions that are included in the packet have been incorporated into the PUD document. He noted that when the Petitioner re-drafted their PUD, it was done as a mirror to the newly enacted TTRVC ordinance and Staff is appre- ciative to that. He noted that there were a number of amendments requested recently and those amendments are satisfactory to Staff. He noted that all amendmol~ at'e minor with the exception of one which 1l the elimination of the time specific period. He stated that Staff's opinion is that this ~s acceptable because of the Board's policy ~n not wanting to indicate a specific time frame. Re noted that he does have an ob3ection with regards to Page 3-4 of the amendment handout regarding the screen/vinyl enclosed porches with climate control, noting that Staff ob3ects to the addition of the words "climate 00016 Page 10 .' January 9, 2990 control" He noted that with these two words included, it no longer makes a 500 square foot RV, but a 1,000 square foot RV. He indicated that with air conditioning and/or heat, it makes the enclosure habi- table. He noted that the CCPC recommended approval of this petition but did not review the additional amendments that were recently requested by the Petitioner. In answer to Commissioner Volpe, Mr. Nino stated that the substi- tire changes are the removal of the time specific, the addition of climate control, elimination of tents, and other minor changes. He noted that there was also a change regarding the need not to loop the watermain in cul-de-sacs which was r~.viewed by Mr. MadaJewski with no objection. Planner Nino stated that these additional amendments were received at the last minute and if the Board is not comfortable with them, this item could be continued. Commissioner Saunders stated that when changes are handed to the Commission during the board meeting, it is very difficult to review them. He stated that the only way this can be handled is to make a policy indicating that the Commission will not accept anything that is presented to them in writing that is not presented in the agenda packet or not presented by the Friday prior to the meeting. Mr. Dwight Nadeau, representing the Petitioner, stated that the additional amendments were provided to Staff subsequent to the TTRVC ordinance being adopted. He stated that no permanent occupancy with limitations on occupancy were thrown out, and therefore, these stan- dards were put into the PUD document. He noted that the executive summary was written prior to these amendments reaching the County. Commissioner Volpe stated that his only concern is the way this ia handled and the procedures. Mr. Nadeau stated that the executive summary was submitted on November 21, 1989, and the TTRVC ordinance was reviewed in December, which is the reason for the need for the additional amendments. Page 000! ? Sanuar¥ 9, 1990 Mr. George Varnadoe stated that if there were major issues he would agree with the Commission, but the only big change was to bring this PUD into compliance with the new TTRVC ordinance on residency. He noted that the changes are minor in nature, noting that with regards to the loopline system, it gives Staff an opportunity to review it again to determine if this line ~s needed. He indicated that he understands the problem with last minute changes. Commissioner Shanahan stated that his only concern with the changes is the enclosed porches with climate control. Commissioner Volpe stated that h~s only question had to do with the requirement regarding permanent occupancy. He noted that the petitioner has indicated that the occupancy requirement will be included in the contract sale, but this would not take care of sub- sequent sales, adding that he would l~ke to s~e that there be a requirement in the deed of transfer that advises subsequent purchasers that they cannot permanently occupy the dwelling. Mr. Varnadoe stated that he would suggest that th~s requirement be put In the deed restrictions which would be a lasting issue and also puts everyone on notice. Commissioner Saunders stated that he would agree with Mr. Varnadoe that this requirement should be put in the deed restrictions. He stated that the only real issue ~s the screened/vinyl enclosure w~th climate control. Mr. Nadeau stated that the screened enclosures are permitted to be elevated with vinyl walls, noting that he is requesting the ability to provide some climate control inside the patio rooms. Commissioner Hasse stated that this would be providing a living space if it is heated or air conditioned, which would increase the square footage of the living area which ts what the Board is trying to avoid because then it becomes full-time occupancy. Planner Nino stated that the current TTRVC ordinance ia explicit in that no electrical or air conditioning equipment shall be afforded 000] 8 January 9, 1990 the screened-in enclosure. Mr. Varnadoe stated that he Just spoke with the developer and he is willing to delete that portion of the amendment. Commissioner Saunders aoved, seconded by Co~miastoner Goodnlght and carried unanimously, that the public hearing be closed. Com~iseloner Shanahan moved, seconded by Commissioner Ooodnight and carried unanimously, that the Ordinance as numbered and titled below be adopted and entered Into Ordinance Book No. 37 with the addi- tiona of the uendments but with the deletion of the words 'climate control" under Section 3.4(b)2(b) and the inclusion of the require- ~ent on the deed restrictions regarding permanent occupancy: ORDINANCE 90-1 AN ORDINANCE AMENDING ORDINANCE 84-73, WHICH ESTABLISHED THE C~WSTAL LAKE PLANNED UNIT DEVELOPMENT: AMENDING THE TABLE OF CONTENTS AND THE COVER PAGE; ADDING A LIST OF EXHIBITS AND A REVISED STATEMENT OF COMPLIANCE; DELETING EXISTING SECTION I, STATEMENT OF COMPLIANCE AND ADDING A NEW SEOTION I, PROPERTY OWNERSHIP AND DESCRIPTION; DELETING EXISTING SECTION II, STATEMENT OF INTENT AND ADDING A NEW SECTION II, PROJECT DEVELOPMENT; DELETING EXISTING SECTION III, PROPERTY OWNERSHIP AND LEGAL DESCRIPTION AND ADDING A NEW SECTION III, LOW DENSITY PARK TRAILER/RECREATIONAL VEHICLE DEVELOPMENT; DEI,ETING EXISTING SECTION IV, GENERAL DEVELOPMENT REGULATIONS AND ADDING A NEW SECTION IV, COMMONS/RECREATION AREA; DELETING EXISTING SECTION V, GENERAL DEVELOPMENT COMMITMENTS AND ADDING A NEW SECTION V, CONSERVATION AREA; ADDING A NEW SECTION VI, LAKE AREA; ADDING A NEW SECTION VII, BUFFER AREA; ADDING A NEW SECTION VIII, ROADS/RIGHT-OF-WAY; ADDING A NEW SECTION IX, DEVELOPMENT COMMITMENTS; ADDING THE PLANNED UNIT DEVELOPMENT MASTER PLAN FOR PROPERTY LOCATED ON THE EAST SIDE OF CR-951, APPROXIMATELY ~/2 MILE SOUTH OF IMMOKALEE ROAD [CR-846), IN SECTION 26, TOWNSHIP 48, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 149 ACRES, MORE OR LESS: AND BY PROVIDING FOR AN EFFECTIVE DATE. Item #6B5 ORDINANCE 90-2 RE PETITION Z0-89-28 AMENDING ORDINANCE 82-2 RE~ARDING A-1 A~RICULTURAL DISTRICT AND A-2 RURAL AGRICULTURAL DISTRICT TO ALLO~ AQUACULTUKE AS A PERMITTED USE AND STRUCTURE AND TO PERMIT AQUACULTURE OF NON-NATIVE OR EXOTIC SPECIES AS A PROVISIONAL USE - ADOPTED Legal notice having been published in the Naples Daily News on December 19, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-89-28 amending Ordinance 82-2 regarding A-1 Agricultural District and A-2 Rural Agricultural District to allow aquaculture as e permitted and to permit aquaculture of non-native or exotic species as a 000 9 Page ~" sional use. 3anuar¥ 9, 1990 Planning Services Manager Bagtnskt stated that the CCPC reviewed this petition and recommend approval, noting that no one spoke tn opposition to th~s petition, tie stated that Staff is recommending that this petition be approved. In answer to Commissioner Hasse, Commissioner Goodnight stated that this ordinance pertains only to native species, noting that non- native species have to go through a provisional use. Mr. Baginskl stated that both requests are subject to all licensing permits through the Florida Game and Freshwater Fish Commission Commissioner Goodnight stated that aquaculture Is defined in the Right-to-Farm Act as being an agricultural product. In answer to Commissioner Volpe, Commissioner Goodnight stated that there is a County ordinance that identifies the non-native or exotic species. She stated that this ordinance is not up to stan- dards, noting that she has asked the County Attorney to revise that ordinance. She Indicated that the Florida Game and FreshwatsF Fish Commission has an updated list. Co~aissioner Goodnight moved, seconded by Com~ssionsr Shmnmhan and carried unanfmously, that the public hearing be closed. Com~esioner Goodnight moved, seconded by Commissioner Shanmhan and carried unanimously, that the Ordinance as numbered and titled below be adopted and entered Into Ordinance Book No. 37~ ORDINANCE 90-2 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA: AMENDING SECTION 7.8, A-1 - AGRICULTURAL DISTRICT, SUBSECTION (b) (1) TO ADD AQUACULTURE AS A PERMITTED PRINCIPAL USE AND STRUCTURE; AMENDING SECTION 7.8(b)(3) TO PERMIT AS A PROVISIONAL USE AND STRUCTURE THE AQUACULTURE OF NON-NATIVE OR EXOTIC SPECIES; AMENDING SECTION 7.9, A-2 - RURAL AGRICULTURE DISTRICT, SUBSECTION (b)(1) TO ADD AQUACULTURE AS A PERMITTED PRINCIPAL USE AND STRUCTURE; AMENDING SECTION 7.9 (b)(3) TO PERMIT AS A PROVISIONAL USE AND STRUCTURE THE AQUACULTURE OF NON-NATIVE OR EXOTIC SPECIES; AMENDING SECTION TWENTY, DEFINITIONS, TO AMEND THE DEFINITION OF AQUACULTURE: PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Item #6B6 000 0 Page ~4 January g, lg90 ORDXNANCE 90-3 RE PETITION ZO-89-29 AMENDING ORDXNANCR 82-2 B~ PROV/DXNG FOR THE REQUIREMENT OF FOUR AFFIRMATIVE VOTES BY TH~ BOARD OF ZON~N~ APPEALS FOR THE APPROVAL OF A PROVI$ION&L USz - aDOPTeD Legal notice having been published in the Naples Daily News on December 19, 1989, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider Petition ZO-89-29, an Ordinance ame.~dlng Ordinance 82-2, the Comprehensive Zoning Regulations, by providing for four affirmative votes by the Board of Zoning Appeals for the approval of a provisional use. Planning Services Manager Baginski stated that this amendment, if approved, will revise the current Collier County zoning ordinance requirements for the approval of a provisional use, noting that this will change the required number of affirmative votes for the granting of the provisional use from the existing three votes to four votes. He indicated that the CCPC reviewed this amendment and recommended approval by a vote of 3/2. He indicated that there was one member that spoke in opposition to this petition. He stated that Staff ia recommending that th~s amendment be adopted. Commiss~oner Saunders questioned what vote it would take to approve this petition this date, to which County Attorney Cuyler stated that it would take four votes as this is a zoning amendment. In answer to Commissioner Shanahan, Mr. Baginski stated that the discussion of the CCPC was that there is an existing provisional use process which has worked properly in the past and this would create an additional hardship on the applicant. Commissioner Volpe stated that he supports this amendment, noting that there are instances where the grant of a provisional use consti- tutes a day facto rezone of the property. He stated that he does not see that anyone will be inconvenienced by this amendment. Commissioner Saunders stated that he agrees with Commissioner Volpe on this matter. Attorney Bruce Anderson stated that he is against this amendment because provisional uses are authorized uses in a particular zoning Page 25 000 1 January 9, 1990 district, noting that the Board has already made this determination, but they are uses that may require certain special conditions or oafs- guards which are not otherwise provided for in the Zoning Ordinance. He stated that when a provisional use Is granted, the BeC has the lity to put special conditions on the granting of the provisional use. He stated that if a simply majority vote is changed to a super majority vote, then the Board will be tieing their own hands and abA- lity to impose restrictions on provisional uses. He stated that tf the Commission is going to require four votes, then he would advise his client to for a rezone no special con- file and there would be ditions imposed on his client because it would be a straight rezone with no land use restrictions. Mr. Maria LaMendola stated that he is against this amendment as provisional use is not a zoning change and is a change that Is allowed in a zoning district upon which the Board can put provisions by a simple majority. He noted that it should be kept the way it is at the present time. Mr. George Keller stated that he feels that provisional uses are zoning changes and he would urge the Board to vote in favor of a super majority vote instead of a simply majority vote. Mrs. Charlotte Westman, representing the League of Women Voters, stated that they are in favor of a super majority vote. She stated that this is an appropriate procedure to remove some of the problems of the past. Mr Dwight Nadeau of William G. McAnly& Associates, stated that when the provisional use process was set up, it was for special excep- tions. He stated that if this ts done by a super majority vote, he feels that it would have to go through the entire advertising proce- dure. He stated that he is against this proposed change. Co~mm~ssioner Saundere moved, seconded by Co~umAssAoner Volpe and carried unanimously, that the Fubl~c hearing be closed. Commissioner Shanahan stated that he feels that there As a need to 00022 ~{;v Page 16 January 9, 1990 clean up the zoning provisions for the zoning districts Instead of requiring a super majority vote. Co---lseloner Saunders moved, seconded by Co,missioner Volpe mnd carried 4/1, (Commissioner Shanahan opposed), that the Ordinance am numbered ~nd titled below be adopted and entered Into Ordinance Book No. ~: ORDINANCE 90-3 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS OF COLLIER COUNTY; ~"ENDING SECTION 11, BOARD OF ZONING APPEALS: POWERS, DUTIES AND PROCEDURES, SUBSECTION ll.l(e), PROVISIONAL USES; AMENDING SECTION 13, PROVISIONAL USES, SUBSECTION 13.3, BOARD OF ZONING APPEALS; PROVIDING FOR THE REQUIREMENT OF FOUR AFFIRMATIVE VOTES BY THE BOARD OF ZONING APPEALS FOR THE APPROVAL OF A PROVISIONAL USE PETITION; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. County Attorney Cuyler stated that th~s amendment will become effective upon receipt from the Secretary of State that it has been filed. eases Recess: 10:35 A.M. - Reconvened: 10:50 A.M. at which ti~e Deputy Clerk Hoff~n replaced Deputy Clerk Kenyon Tape#2 RESOLUTION 90-5, RE PETITION SMP-89-13, JACK MCKENNA OF AGNOLI, BARBER AND BRUL~AGE, INC., REPRESENTING MONTEREY ASSOC., REQUESTING SUBDMSION MASTER PLAN APPROVAL FOR THE VILLAGES OF MONTEREY AT WOODB~IDGE - ADOPTED SUBJECT TO STIPULATIONS Legal notice havfng been published tn the Naples Dally News on December 24, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-89-13, filed by Agnolt, Barber and Brundage, Inc., representing Monterey Associates, requesting Subdivision Master Plan approval for "Vlllagea of Monterey" at Woodbrtdge, for property located as all that part of the Northwest quarter of Section 2, Townsh]p 49 South, Range 25 East, contain~ng 43.11 acres, more or less, subject to easements and restrictions of record. (Located ~n the Woodbridge PUD, north e~da of Orange Blossom Dr~ve and West of the Bridget Lake PUD). Planner Weeks indicated that the PUD is partially developed w~th some single-family homes at the south end. He indicated that the PUD Page 17 00O?.3 January 9, 1990 allows for multi-family and single-family homes, and there is s provi- sion in the document that allows up to 10~ of the multi-family units to be converted to single-family units, noting that the Petitioner is using that option. He explained that the Petitioner is requesting approval of the subject site for the subdivision and 70 single-family lots. Mr. Weeks reported that all pertinent County agencies have reviewed this application, and Staff does not object to approval. He informed that the Petitioner ts requesting one exception to the Subdivision Regulations, and that Is to allow for the minor streets (excluding Mission Drive) to be reduced from a 60' right-of-way to a 50' right-of-way. He stated that Staff has no objections to this request as long as all necessary utilities, sidewalks, etc. can be provided within that 50' Mr. Weeks Indicated that the Co]liar County Planning Commission (CCPC) endorses Staff's recommendation, however they have added one additional stipulation: That the number of multi-family units in the project be limited to 45'0. He explained that the CCPG had concerns that a certain portion of the PUD which was designated for multi- family will be converted to single-family, therefore, the total amount of the PUD that is available for multi-family development is now smaller, but the same number of units will be built on a smaller land area. He advised that the appropriate manner to handle this is through a PUD amendment, which is currently under review. Commissioner Volpe called attention to Page 2 of the Petitioner's Agreement which Includes a stipulation requiring a letter from the City of Naples stating that the District will be serviced by City water. He Indicated that he believes that there is a water line running down Goodlette-Frank Road, and questioned whether this area will be serviced by the City of Naples or the County? County Manager Dorrill advised that this area will be serviced with County water coming from the plant on CR-9§I. Page 18 Sanuary 9, 1990 Mr. Weeks noted that he will make the necessary corrections to Page 2 of the Petitioner's Agreement. Commissioner Volpe stated that he concurs with the CCPC's concerns relative to the limitation of the multi-family units. He questioned whether the PUD amendment which is in process, is simply for that pur- pose? Mr. Weeks replied that the PUD amendment deals with adding single-family uses, development standards for cluster housing, group housing, changing the PUD name, and other unrelated issues. Attorney George Varnadoe advised that the number of units are not being increased, noting that multi-family units are being changed to single-family. He explained that the overall density of the project is not increasing. There were no other speakers. Com~iamioner Goodnight moved, seconded b~ Colieelonmr Sh~ and carried unanimously, that the public hearing be closed. Commissioner Shanahan moved, seconded by Co~ieeloner goodn~ght and carried unanimously, to approve Petition SMP-89-13, and that Remolution 90-5 be adopted, subject to the sttpulation~ contained in the l~titioner'e &greement. Page 19 00055 .f ZteB #6C4 RESOLUTION 90-6, RE PETITION AW-89-2, ALBERT MADER, REPRESENTING LELY PALM~ OF NAPLES, WAIVER OF A PORTION OF THE SEPARATION REQUIREMENT OF 500' BETWEEN PLACES SERVING ALCOHOLIC BEVERAGES AND SCHOOLS, CHURCHES, PARKS AND PLAYGROUNDS TO 150', LOCATED AT 1000 LELY PALM~ DRIVE - Legal notice having been published in the Naples Daliy News on December 24. 1989, as evidenced by Affidavit of Publication filed with the Glerk, public hearinG was opened to consider Petition AW-89-2, filed by Albert Mader of Beverly Enterprises, d/b/a/ Lely Palms of Naples, requesting a 350 foot waiver from the minimum separation requirement of 500 feet between an establishment which sells alcoholic beverages for consumption on premises and a church, resulting in a 150 foot minimum separation, for property described as: All that tract or parcel of land lying and being in Section 21, Township §0 South, Range 26 East, Collier County, Florida. (1000 Lely Palms Drive, East Naples, Florida) Planner Hoover explained that Lely Palms of Naples is a retirement community located at the southeast corner of Rattlesnake Hammock Road and St. Andrews Boulevard, and consists of approximately 23.5 acres of property. He advised that 250 residents live in the community tn apartments, and the average age is 84. Mr. Hoover informed that the subject property is 1§0' southeast of the Shepherd of the Glades Lutheran Church, thus a waiver of 350' is necessary from the 500' distance requirement. He indicated that the Commission's decision to waive the separation requirement ts based upon the following factors: Natural Boundaries - There ts a wooded area 3.6 acres in size that is part of Tract "L" of the Lely Country Club PUD and has been approved for /ow-rise to mid-rise villas and/or single-family residences. Additionally, there Is a major right-of-way, 100' wide, which 3,000+ vehicles travel each day. Furthermore, Lely Palms has donated 17.5 feet for additional right-of-way when this roadway Is expanded. Path of vehicular and pedestrian traffic - Vehicles would have to travel 1,800 feet from the establishment serving the alcoholic beverages to the church; pedestrians, even by cutting across the grassed area of Lely Palms, would travel the distance of 900 feet. Hours of operation and the noise and light - The alcoholic beverages would be served during the mid-day and evening meals, and on occasion, alcoholic beverages would be served tn the common Page 20 00031 January 9, 1990 rooms during the afternoon or early evening hours, or outside at the pool. Whether alcoholic beverages will be sold in conjunction with food or whether the establishment is primarily engaged in the sale of alcoholic beverages as a primary use - Alcoholic beverage sales would only amount to approximately 2% of the total food beverage sales for the establishment. Mr. Hoover informed that Staff and the Collier County Planning Commission recommend approval of the waiver, and noted that no tion has been received. Co~ss~oner Volpe asked ~f the alcoholic bevera~em woald be served only to the residents of Lely Palms and their ~ests? Mr. Albert Mader, representing Lely Palms of Naples, st:ated that this service will be extended to the residents and theXr guests, but will not be served to the public. Reverend Peter Lyberg, of Shepherd of the Glades Lutheran Church, stated that he supports Staff's recommendation, and has no problem with same. Mr. George Keller stated that he had no objections, but suggested that a stipulation be included to ensure that alcoholic beverages would not be served to the public. Mr. Hoover advised that the PUD addresses that issue. There were no other speakers. CmXss~oner Sh~ moved, seconded by Co~tss~oner Goo~ght ~d c~r~ ~mously, tha~ the public hearing ~ clo~ed. C~ssloner S~~ moved, seconded ~ Co~ss~on~F Goo~ght ~d c~r~ ~mously, to approve Petition AW-89-2, ~d that R~olnt~on 90-6 ~ adopted. Paga 2X 0003: RESOL~flON 90-7, RE PETITION SMP-89-5, BOB DUAI~ OF HOLE MONTES ASSOC., ~Q~TI~ $~DIVISION ~STER P~ APPROVAL - ~ED, S~ TO ~ITIO~'S AGRE~ AS :' Legal notice having been published tn the Naples Dally News on ~. December 24, 1989, as evidenced by Affidavit of Publication flied with -v... the Clerk, public hearing was opened to consider Petition SMP-89-5, ~.<~! filed by ,els, Montes a Associates, Inc., representing Lawrence Mull/ns, requesting Subdivision Master Plan approval for ~, project i:~. known as "Shoppes At Santa Barbara", located at the west 1/2 of the 'i/' southwest 1/4 of the southwest 1/4 of Section 4, Townshtp 50 South, ?: ' Range 26 East, Collier County, Florida, less the westerly 60 feet thereof for Santa Barbara Blvd., and less the southerly 75 feet ~ thereof for State Road 84 (Davis Blvd.) (Intersection of Davis Blvd. ~, and Santa Barbara Blvd.). Planner Weeks stated that the subject property was rezoned on ~?! September 12, 1989 from A-2 to PUD allowing for a variety of uses per- ;'i mitred tn the C-4 and C-5 District. He Indicated that the Petitioner ,,F Is requestln9 approval of the subdivision of the property Into 3 lots: · one large lot which is proposed to contain the shopping center; and two out parcels located at the extreme southwest and northwest corners "' of the property : Mr. Wookm ]nf¢)rm~d the! tho nl,i, roprlnt. County ~tnff has reviewed this petition, and have recommended approval, subject to the ' stipulations as contained tn the Agreement Sheet. Mr. Weeks advised that the petitioner has requested two exceptions to the Subdivision Regulations: one pertaining to the sidewalks, and the other relating to road right-of-way. H~ noted that the access road along the north property line is required to be 84' in width, and the applicant is requesting a 60' width; Staff has no objections to the reduction. With regard to the sidewalks, Mr. Weeks reported that Staff has no objection to the waiver or partial waiver being granted, but they are Pa~'e 22 .. 0oo ? January 9, 1990 recommending that sidewalks be provided along the Davis Boulevard frontage, the Santa Barbara Boulevard frontage, along each access point into the project, and along the northern boundary of the pro- party. Mr. Weeks stated that the Collier County Planning Commission (CCPC) reviewed the subject petition on December 21, 1989, and recom- mended approval, subject to Staff's stipulations, and two additional stipulations: 1. An additional landscape buffer be provided along the east side of the property. 2. A 30' wide access easement shall be provided along the north property line for a period of § years. Mr. Weeks stated that 1/2 (30') of the road along the north pro- perty line is on the subject property, and 1/2 (30') is on the pro- perty to the north, under separate ownership and is zoned A-2. He indicated that this comes within 140' of the eastern property boun- dary, and turns into the project, itself. He explained that the adja- cent tract of property to the east is currently under review, for a rezone to PUD to allow for commercial and multi-family uses, and will be presented to the Commission in two weeks. He noted if the road to the adjacent property ts fully connected, it would provide additional access for that development, and the traffic that will be going toward the north could stay o~f of Davis Boulevard, and out of the Davis Blvd./Santa Barbara Intersection. He informed that when the PUD was approved last year, the decision to make the interconnection and the driveway interconnection at the south end of the property was deferred until the present time for review of the Subdivision Master Plan. He stated that Staff is recommending that ~he applicant provide the addi- tional 30' easement on their property, so that when the future deve- lopment comes An there will be access to Santa Barbara Blvd., but this cannot occur on a 30' easement. He noted that when the property to the north is presented for development approval, the County will then obtain the additional 30' so that there will be a full road connection Page 23 00088 3anuary 9, 1990 from the eastern boundary of this property, along the north, over to Santa Barbara Boulevard. Mr. Weeks advised that at the CCPC hearing, the petitioner pro- posed that the 30' strip of his property be made available for a period of 5 years, and If the County wishes to construct the last 140' of this road, he will make that available at no charge, providing that the property owner to the north does the same thing, or hold this land available for § years, and If any of the landowners in the area desire to have this road constructed, he will make this strip o~atlable at the fair market value. He noted that Staff would like to see the 140' strip made available for inter road connection now. Commissioner Shanahan Indicated that it seems that a considerable burden and expense is being placed on the developer of the subject property for the benefit of the eventual surrounding properties, and noted that this does not seem fair. He questioned if Staff would be satisfied if there was an extension of the § year time frame? Mr. Weeks stated that Staff does have concerns with the 5 year time frame, since It is not known how long it will be before the pro- Jects to the east or north are developed, and if development does not occur within 5 years, the ability for the interconnection is lost, unless the County purchases the property. In answer to Commissioner Volpe, Mr. Weeks informed that the bur- den to the developer will be the reduction of the square footage that can be developed, which reduces the amount of money that can be earned from the project, and there may be unwanted traffic along the northern portion of the property. He reported that Staff is requesting that the 30' be reserved for the road easement, but they are not specifi- cally asking that the Petitioner donate the property. Mr. Robert Duane, of Hole, Montes & Associates, Inc., representing the Shopper of Santa Barbara, Inc., advised that the owners of the adjacent property, Neapolitan Park, and the owners of the sub,eot pro- party have worked together through the planning process to resolve a Page 24 Sanuary 9, I990 plan that Is mutually acceptable to both parties. He indicated that he is c&lling this to the attention of the Commission, specifically relating to the 10' buffer issue. Mr. Duane stated that the PUD document calls for a 10' Buffer along the Shoppes of Santa Barbara, providing that residential uses are contained in the adjoining project. He indicated that the plan that has been developed for Neapolitan Park includes a 2§' buffer which is a dense area of pines, noting that there is 10' from the Shoppes of Santa Barbara, and 25' from Neapolitan Park, gnd a 60' road right-of-way before reaching the first residential unit. Ha noted that the separation, including the retention area, ]s betw.en 115' at the closest point, and 250' at the furthest point. He noted that the additional 10' of buffer, as recommended by the CCPC, is not needed, and requested that this stipulation be deleted. In answer to Commissioner Volpe, Mr. Duane stated that the addi- tional 10' buffer would have a considerable impact on this project. He indicated that one building will be pushed 10' closer to Santa Barbara Boulevard, and will eliminate 50 parking spaces. Attorney Donald Ptckworth stated the PUD refers to the road to the north as a Joint use entrance. He advised that when he questioned why this developer was being required to provide that land, he was informed that it is a good idea to have the ability for the puhltc to go down ~anta Barbara, cut through the project and ~o down Davis Blvd. He indicated that this may be a good idea, but it does not have anything to do with his pro3ect. He explained that Generally, he who creates the impact, mitigates the impact, and noted that the burden to provide the land is being placed on the subject project. Attorney Plckworth Informed that at the CCPC hearinG, the Petitioner proposed to reserve a 30' strip of land alon~ the north, and it will be made available, and donated, if the County determines to bulld a road there, but If this Is to be a private entrance, the owner should have the ability to require the purchase of the land. Re 00040 January 9, 1990 indicated that he feels that the 5 year time frame is reasonable since he desires to have some way of removing that "cloud" on the plat. Commissioner Volpe stated that it seems that good planning would dictate that the County allow for this lnterconnection. He indicated that the additional 3,000 SF will be in the water retention area. He stated that it would make more sense to relocate the FP&L easement. He explained that he supports the elimination of the additional stipu- lation relative to the buffer area, but he feels that t],~ 30' x 140' should be required to allow for the interconnection, and khan Mr. Pickworth and his clients can negotiate who will pay for ii:. Mr. Bill Pogue, managing partner of the adjacent property, stated that one of the reasons for Activity Centers is to have connecting points with adjoining properties to reduce traffic congestion at major intersections. He noted that his project which is to the east, will be connecting three points. He indicated that the concept of the Activity Center, with interconnecttons, has allowed the subject pro- perty owner to develop a very aggressive project. Mr. Pogue advised that he does not see the need for the additional buffer, as requested by the CCPC, and noted that the elimination of that would more than offset the 3,000 SF in the retention area. He indicated that he feels that the interconnections are necessary because, without them, the concept of traffic reduction will be lost. With regard to the changes that need to be made, Planner Weeks stated that he understands that Stipulation ! regarding the buffering will be deleted; and suggested that Stipulation 2 be changed to read: "The developer shall provide a 30' wide corridor for a road connection along the north property lane extending to the east property line (an additional + 140'). This corridor will be available at fair market value to surrounding property owners/developers. Should the County wish to construct this final ± 140' to provide the interconnection, the petitioner will donate this 30' corridor". Attorney Pickworth advised that if the County decides to build the 00041 Sanuar¥ 9, 1990 road, his client will donate that 30', at no char/Is, aa long aa the · property owner to the north does the same thing. He noted that expla- natory notes will be placed on the plat document. There were no other speakers. Co~iaaloner Shanahan moved, oeconded by Co~l~ione~ ~gh~ ~d c~rl~ ~i~usly, that the public hearing ~ clo~. C~i~lioner Sh~ ~oved, ~econded by Co~i~lioner G~igh~ ~ c~i~ ~ou~ly. to approve S~-89-5, ~d that Relo~nti~ 90-T Page 27 tetB irmA2 I~E$OLUTION 90-8, RE PETITION V-89-17, DON EBERSBACH REQUESTX~ ~ V~X~CE ~OM ~E ~UXRED ~0~ YARD Legal notice having been published In the Naples Dal~y News on December 24, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing ~as opened to consider Petition V-89-1~, filed by James Simmons representing Donald Ebersbach (Donts Auto Body Shop), requesting a 5 foot variance to the required fro~ yard setback of 50 feet to 45 feet, to allow an addition to an existJl~g structure, in an Industclal Zone, for property described as: North 100 feet of South 610 feet of West 1/2 of East 1/2 of Southeast 1/4 of Southwest 1/4 of Section 11, Township 49 South, Range 25 East, Collier County, Florida. Excepting therefrom the West 100 feet and the East 30 feet containing, more or less, .46 acres (5485 Yahl Street). Planner Milk stated that the Petitioner is requesting a variance from the required front yard setback of 50' to 45', to allow him to cosmetically enhance the appearance of his building with & new supported roof that will facilitate a covered walkway and create storefront appearance for the building. Mr. Milk advised that the subject property is zoned "I" Industrial and allows a body shop as a permitted principal use. He explained that the property is an interior lot, rectangular in shape, with two side yards, one rear yard, and one front yard. Mr. Milk reported that based upon the criteria contained in Section ll.lb.4 of the Zoning Ordinance, Staff found that the variance was not in harmony with the Zoning Ordinance, and therefore, recom- mends denial. Mr, Milk stated that the Collier County Planning OommtsliO~ held their public hearing on December 7, 1989, and forwarded the Petition to the Board of Zoning Appeals with a unanimous recommen- dation of approval. Mr. Milk informed that one letter of opposition has been received Page 28 Sanuar¥ 9, X990 from an adjacent property owner. Mr. Jim Simmons, general contractor, representing Mr. Ebersbach, advised that his client desires to Improve the appearance of h~a place of business. He noted that he ks not adding additional square footage. He indicated that a letter of support has been received from the property owner across the street. There were no other speakers. Commissioner 8munders moved, seconded by Con~8lio~ Volpe ~nd carried unanimouel¥, that the public hearing be closed. Co~/aatoner Sau~ndera moved, seconded by Commissioner Vol~ sd carriedunani~ousl¥, to approve Petition V-89-1~, ~d that R~olntA~ 90-8 ~ a~pted. Peg. 29000; 7. ~ RESOLU~IO~ 90-9, RE PETITION PU-89-16, ROBERT AND 3UDXT~ IPO~SKX : ~Q~STX~ ~XSIONAL USE ~G~ 0F T~ ~C-3~ ZONING DIS~ ~S~D~X~ ~ C~RCIAL USES FOR LOTS 545 A~ 546, BUSX~$S SENIOR, LOCATED ZN SECTION 32, TO.SHIP 51SO~, ~ST, C0~AINING APPROXI~TELY .31 ACRES - ADOPTED SUB~ TO PETXTXO~'S AGR~ SHEET 3anuar¥ 9, 1990 Planner Milk stated that the subject request for Provisional Use "g" is for mixed residential and commercial uses. He advised that lands to the north, south and west are undeveloped, curf~utl¥ zoned C-3; land to the east is waterfront property known as Snook Bay. Mr. Milk informed that the petitioner intends to build a 54 feet x 32 feet two story Florida-styled cracker building. He n~ied that the lower level will accommodate two business-retail stores, approximately 27 feet by 32 feet each. He indicated that the commercial uses would be of lower intensity and of limited hours of operation. He explained that above the commercial office space, a 1782 square feet, 2 bedroom apartment will be available for one of the business participants or owner-occupied. Mr. Milk explained that in reviewing this petition, Staff found that the Provisional Use is In compliance with the Genera/ intent and purpose of the Zoning Ordinance, and recommends approval. He noted that the CCPC held their public hearing on December 21, 1989, and forwarded this petition to the Board of Zoning Appeals with a %lxlar~l- mous recommendation of approval. Commissioner Volpe stated that he has concerns in terms of the types of uses within the Provfsional Use relating to compat~bllity. Mr. Milk stated that the petitioner is requested to create a Sub SDP application to be reviewed by Staff regarding building eli~nment, parking, open space requirements, and landscaping. Commissioner Volpe indicated that he is concerned about the septic ~ystem. Mr. Mi]k advised that if the Health Department does not approve the septic system, the petitioner will not be able to develop as such. There were no other speakers. Page 30 O0O5! January 9, 1990' ComL~.ss:loner Shanahan moved, seconded by Commissiona= Sa~lndere ~nd carried unanimously, to approve Pet/t/on PU-89-16, mad that Resolution 90-9 bo mdopted, subject to the Pettttonerte Agreement ~heet. Page 31 ,. ,,, 000 January 9, 1990 RH$OLUTION 90-10, RE CREATION OF TWO NEW PLANNINO POSITION*J IN THE LONG RANGE PLANNING SECTION OF THE GROWTH PLANNING DEPARTMENT, WITH~ SOURCE OF FUNDING FROM FUND 113 - ADOPTED; STAFF TO CONSIDER POSSIBLE ALTERNATIVES TO CONTRACT OUT THESE SERVICES Growth Planning Director B]anchard stated that next month the Commission will b~gln th~ process of public review of the draft ordi- nance relative to the zoning re-evaluation program, as required by the Growth Management Plan. He explained that in preparation of same, Staff ts currently conducting inventories of all vacant properties that may be subject to re-evaluation, and noted that It has been determined that there are approximately 126 PUD's, 1,425 commercial parcels and 1,864 conventionally zoned residential parcels that may be subject to re-evaluation. Mr. Blanchard informed that new positions are typically requested budget was being prepared, the scope of the zoning re-evaluation was not known: neither the inventory nor the preparation of the ordinance had begun. He stated that the Settlement Agreement between the County and the Department of Community Affairs which resulted tn an acce- lerated process, was being negotiated at that time. He explained that it has become clear that the Growth Planning Department will need additional staff within the Long Range Planning Section to euccess- fully complete the re-evaluation. Mr. Blanchard advised that the existing Staff Includes one Sectton Chief and three Planners. He noted that Staff time anticipated for the re-evaluation will significantly affect the ability of existing staff unless additional staff is provided. He indicated that he ts recommending that 2 new professional planning positions be established: 1 Senior Planner, and ! Planner I. He indicated that it ~.s estimated that $76,041 will be required to fund these positions the remainder of this fiscal year, and the annualized cost of these positions will be approximately $98,900. Mr. Blanchard reported that Staff has evaluated the alternatives Pag,! 32 January 9, 1990 of contracting out for these positions versus the in-house hiring of these positions. He noted that it is believed that the primary bene- fits of in-house staff include the public presence which will be main- tained throughout this process as well es adequate and timely response to public inquir.~es and the preparation of the determination reports. Mr. Blanchard stated thst the zonin~ re-evaluation pro,ram w~ll be one of the most visible and controversial projects that ~e undertaken by County Staff, and noted that It is extremely important that there be adequate and quality staff to carry out this In answer to Commissioner Haese, Mr. Blanchard advised that the e~tsttng sta.[f of the Long Range Plannln~ Department ~s rurally con- sumed w~th the existing work program. County Manager Dorrill stated that th~s Department ~s (:omp=~sed of 3 Planners, and noted that the department has not increased ~n s~ze over S years. He Indicated that he is recommendin~ that the two t~onal pos~t~ons be terminated at the conclusion of the zon~n~ re-evaluation project since they have been identified to do one pro- Ject, only, and in the event that some additional need arises, Staff will come back to the Commission and request that the positions be created again. Commissioner Volpe, stated that contracting out for these services is an alternative that he had contemplated, but noted that it may be difficult to bring in new people that may not have had prior engage- ments with County service and given this type of responsibility. Commissioner Saunders questioned where the funds in Fund lll come from? County Manager Dorrlll advised that these funds come from the Unincorporated General Fund. Commissioner Saunders questioned whether these services should be paid for from developers fees for rezonee and o~her development oriented requests? Mr. Blanchard explained that Staff did review this consideration, but noted that he felt that tt was inappropriate to request that those who pay for permits be asked to pay for proposed re-evaluation of January 9, 1990 their existing zoning, and indicated that Fund 113 was one of the alternatives that Staff had. County Manager Dorrlll advised that this is the Community Development Fund. Commissioner Caunders questioned whether there are any reserves in Fund 1137 Count? Manager Dorrill advised that there are reserves, and they are substantial. Commissioner Saunders advised that the only way that he would be inclined to approve the requested two new positions would be If the funding for same comes from the community which will be s~ved by those Planners. County Manager Dorrtll stated that historically, the entire Community Development Fund was in Fund 113. He informed that a tion was received from the Collier County Builders and Contractors Association, indicating that people moving to the area should not be forced to pay for the County Zoning Department and the County's Comprehensive Planning function since these are a County-wide func- tion, and building permit fees should not be paying for the costs of County-wide benefit departments. He advised that the Commission voted unanimously to create this separate section for only those two func- tions. He noted that the balance of Community Development is r~r~%ing a substantial surplus and paying for those costs associated w~th the development initiated programs. Commissioner Shanahan indicated that ~t appears that the Community Development Department's budget Is the best source to pay for these positions. He questioned whether the Commission has the ability to increase, by motion, the number of positions in this department, which set the number of people in that department by resolution at the budget hearings7 Tape #S County Attorney Cu¥1er advised that if the additional positions are approved, his office will prepare a resolution. Pag~ 34 · 00065 January 9, 1990 In answer to Commissioner Hasse, Mr. Blanchard stated that he feels that if these services are contracted out, there will be l~mited access to those people within the office in terms of responding to the public, and ma~nta~ning the presence so that specific relating to the project can be responded to. He indicated that he feels that it is very important to have those people on staff, and the office. Commissioner Shanahan ~ndtcated that he feels that there w~ll he better control if these services are provided tn-house. He stated that this Is an area which requires great observation, continuity, close contact, and Immediate response. He noted that if, at the end of two years, these Jobs are expendable, there may be othe~ tunittes within the County for those people that were hired. Commissioner Yelps ~oved, seconded by Com~leelonsr Sl~nah~n ~nd carried unanl~ousl¥, to adopt Resolution 90-10, establishing the two nme positlon~ tn Long Range Planning, and that source of funding · from Fund 113; Staff to consider the possible alternative for ;~::; contr&ct~ing out these services. Page 35 3anuar¥ 9, 1990. ''' Racesa 12:15 P.M. - Reconvened 12:25 P.Mo see Ite~a~gC2 STAF~ TO &TTEND AUCTION ON 3ANUARY 25, 1990 TO BID O~ CONKLI~ SXT~, ~ ~ 1~ OF ~P~ISED V~ OF BL~BILL SITE; ST~ TO CO~ID~ ~G~IATIO~ ~ ~IC - APPR0~D Public Services Administrator O'Donnell stated that this Item relates to the potential exchange of the Blueblll/Conkltn properties for a boat ramp. He reported that he has been advised that Option 1, as referenced in the Executive Summary is no longer available, since the Conklln site will go to auction on January 25, 1990, and the firm of Stiles/Sowers will be unable to fulfill their closing by the January 23, 1990 date. Mr. O'Donnell explained that the Conklin site will accommodate the County's need for a boat ramp, as required under the Gr=Ntln Management Plan. He stated that 3.5 acres of the site ts needed, and noted that if the Commission desires to keep the option open for the Conklln site, Staff needs direction to attend the auction on January 25, 1990, and a limitation on what may be submitted as a bid. Mr. O'Donnell advised that the two properties are very similar assessed valuations, and explained that if Staff ts directed to attend the auction to bid on the Conkltn site, he is suggesting that authori- zation be given to submit a bid In an amount not to exceed the appraisal amount of the Bluebt]l site. He indicated that if this bid is accepted at the auction, the pertinent documentation will be pre- sented to the Commission for ftnal ratification. Mr. O'Donnell stated that another other option that the Board may wish to consider, is the possibility of negotiating directly with the Federal Deposit Insurance Corporation (FDIG), which ts the property owner of the Conklin site. Mr. O'Donnell advised that another option would be not to be involved with the auction process, and the County could enter into negotiations with whoever acquires the Conklin property, o~ the County may exercise condemnation proceedings for the boat ramp. 00069 January 9, 1990-' Mr. O'Donnell indicated that all of the above-mentioned opttons may be el~minated, and noted that the County does owns title to the Bluebill site, and may wish to proceed with the development of that property. However, he informed that the Vanderbilt Condominium Association has vehemently objected to the development of the Blueblll s~te. Commissioner Volpe indlcated that it has been the consensus that the Conkl~n site would serve the needs of the community in that D~strict, and noted that he Is favor of Option 2, allo~.%:~g St&fl to attend the auction, and that authorizat~on be g~ven to bid up to ~00~ of the appraised value of the Bluebill site. Commissioner Saunders stated that he concurs with Commissioner Volpe's recommendation, but suggested that in addition, Staff be directed to attempt negotiations with FDIC, and that County Attorney Cuyler be in charge of the bidding and negotiation process. Mr. David Sexton, representing Stiles-Sowers & Associates, Realtors, Inc., advised that his firm has been in negotiat~ons w~th the party who has a current contract with the FDIC. He ~ndtcated that h~s firm does not object to County Staff bidding at the auction. He suggested that the Commission keep open the option, that if Mr. Sanford Ward, who has the contract with FDIC, comes into control of that property, that the County be allowed to negotiate with Stiles/Sowers to purchase the Conklin property. Mr. Arthur Jacob, President, Vanderbtlt Beach Property Owners Association, stated that his Association does object to Option 5, as noted earlier by Mr. O'Donnell. He indicated that the Conkl~n site is superior to the Bluebill site, and recommended that the Commission keep that site viable. Ce~m~iss~oner Vo/pe moved, seconded by Commiss~ons~ Saunde~s ~nd carried unanimously, that Staff ~ d~rected, ~der the ~ceo of C~ Atto~ey ~yler, to attend the auction on J~u~ 25, 1990, To b~d on t~ Co~n s~te ~n ~ ~o~t up to 100~ of the m~rm~m~' 00070 Page 37 , J~mr¥ go ~xggo BluebXll SXts; Staff to consider negott&tlons with thm ~r~ contract ~d~ of ~IC. ~Oq3~KYBUSSKS, INC. D/B/AMBI TOURS= SEA BREEZ~ TAXX, INC.= AND CALLAHANtS AIRPORT TRANSPORTATION SERVICESr INC. -APPROVKD Oommtestoner Saunders moved, seconded by Commissioner Sh~nah~n ~nd carried unanimously, that a public hearing be conducted on Jan~ 16, 1990, mt 9:00 A.M., to consider awarding Certificates of Public Convenience and Necessity to McOaughey Busses, Inc. D/L/A MBI Toura~ S~a Breeze Tax1, Inc.; and Callahan'e Airport Transportation Services, ~nc. Item #gFI CEI~TIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO WESTERN ~ATENAY VOLUNTE~AMBULANC~ SERVICE, INC. - AWARDED AND $250 FILIN~ F~ENAIV~D Emergency Services Administrator Reardon advised that this Item has been removed from the consent agenda to the regular agenda to fulfill the legal requirements to conduct a public hearing to award a Cert~ficate of Public Convenience and Necessity to Western Gateway Volunteer Ambulance Service, Inc., and to request that the $250 f~l~ng fee be waived, as has been done in past years. Mr. Reardon explained that the Western Gateway Volunteer Ambulance Service serves the Everglades City area and the greater Everglades area. There were no speakers. ¢omm~sotoner Ooodnfght moved, seconded b~ Contoeloner Smv~doF~ ~nd carried unanimously, that the public hearing be c~oeed. Colua~seioner Saunders moved, seconded by Coumissloner Shanahan ~nd carrted unanfmously, that the Certificate of Public ConvenSenca ~nd ~scaesity be awarded to Western Gateway Volunteer A~bulancl flez~tica, Inc., and that the $250 filing fee be waived. .?. January 9, 1990 HOU~IN~ AND URBAN IMPROVEMENT DIRECTOR TO PUBLISH NOTIFI0&TION OF AND CONDUCT TWO PUBLIC HEARINGS AT THE COLLIER COUNTY COURTHOUSE IN ~F~tLE~, FLORIDA, AND IN BUILDING "F' AT TH~ COURTHOUSZ Q~ COMPLEX IN NAPLES, FLORIDA RE THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (ECONOMIC DEVELOPMENT CATEGORY) - APPROVED Commissioner Saunders moved, seconded by Commissioner Goodnight ·nd carried ttnantmously, that the Housing and Urban I~rprove~ent Director publish notification of and conduct two public he,rings on January 16, 1990, at 4:00 P.M. at the Collier County Courthouse in I~mokalee, Florida, and January 23, 1990, at 9:00 A.M., tn Building "F" at the Courthouse Government Complex in Naples, Florida% in the .~.~. hatter of the Small Cities Coasuntty Development Block Grnn'c Progrll ~ ~-. (E¢ou~tc Development Category). AUTHORIZATION FOR PAYMENT OF COSTS AND INTEREST IN TH~ AMOUNT OF $18,00g.29, ZI~'~IRR~D BY ATTORNEY MICHAEL R. N. MODONITE~L ON BEIIALF OF ST~"V~N N. BEN~ON RE CASE NO. 88-02980 - APPROV~D Assistant County Attorney Wetgel advised that this Item is a request for payment of certatn costs incurred by Attorney Michael McDonnell with regard to his defense of criminal actions of Steven Benson. He indicated that these costs were Incurred during a 5 week period In 1986. He explained that the County Attorney's office had objected to payment of these costs froh the outset, but noted that Attorney McDonnell had won Judgement at the trial court which ordered the Board of County Commissioners to pay these costs concerning the indigence of Steven Benson. Attorney Wetgel stated that the costs of $12,884.63, with statu- tory Interest from the date of the original trial court order, are to be paid according to the Court Order of the Appellate Court. He indt- cared that the total costs to be paid amount to $18,059.29. Commissioner Hasse questioned whether there is any way that the County may recoup these costs? Mr. Wetgel reported that the State Attorney's office may file an action against Steven Benson for reim- bursement, under Statute 2752. He noted that the State Attorneyta 00075 Page sg ,' ., , .. ~ Sanuar~ g, iggo '' office has been given a copy of the Appellate Court opinion aB well aa the trial and appellate work of the County Attorney's office. ~,' Col~leetoner Saundere moved, eeconded by Commissioner Volpe ~. ..... c~rrted unanimously, to approve the pa~ent of costa ~d integer ['~"* the ~t of $18,059.29, to Attorney Hlchael R. R. Nc~ell ,~ ~1~ of criminal defender, Steven ~. ~nson. BUDGES' JU~'RDI~I~I'S 90-63, 90-77, 90-39 AND 90-82 - Co~l~toner Sa~der~ moved, ~econded ~ Co~l~lonez' Vol~ ~d carried ~antmously, that Budget Amen~ents 90-63, 90-77, ~0-T9 ~d g0-82 ~ a~pted. LINI~ ~E AG~ B~ ~E BCC ~ ~ COLLI~ CO~ A~IC~ FAIR ~ ~SITION, INC., ~R T~~ ~~ OF ~BX~ ~I~ ~JAC~ TO T~ COLLIER CO~ FAIRGR0~ - ~~D Commissioner Goodnight indicated that the Limited Use Agreement will allow the Collier County Agricultural Fair and Exposition, Inc., to use the 30 acres behind the 40 acres that are presently under lease. She stated that space is needed to accommodate the travel trailers which the fair employees will live in. She requested that the $200 fee for clean up be waived. ¢o~/aeionar Saundere moved, eeconded by Commiaeloner Sh~t~h~n ~d carrAed unant~ousl¥, to approve the Limited Ume A~t fo~ t~ $200 f~ ~ ~i~d. Sanuary g, 1990' I~SOLUTION 90-11, FINDING FIDLAR & CHAMBERS AS SOLE SOURCE FOR PURCHASE OF CERTAIN ELECTION EQUIPMENT, AND AUTHORIZING PURCHASE OF SUCH EquIPMENT - ADOPTED. RESOLUTION 90-12, PROVIDING FINDII~S AND ASSURANCES TO DIVISION OF ELECTIONS RE PURCHASE OF ELECTROMECHANICAL VOTING $Y~Tt~I~S EQUIPMENT - ADOPTED Supervisor of Elections Morgan advised that at the time of budget approval, she called attention to the fact that National and State standards would be adopted for tabulating equipment with safeguard securities so that errors would not be made. She indicated that the State of Florida effected these standards as of January 1, 1990, and the County has 3 years to comply with those standards. Mrs. Morgan stated that she is requesting authorization, for the acquisition of accelerator controller boards that go into the card readers, and place the logic for the ballot tabulation process on to a piece of hardware that no one can access, and therefore, no changes can be made to the system. She explained that this equipment has been reviewed by the same consultant that was utilized for the County's current tabulating system, and it ts his finding that the upgrades .?? ~ ~ c~rted ~n~t~o~sly, that Resolution 90-11, finding Fldl~l~ & that are available are dovetailed to the equipment on hand. Mrs. Morgan indicated that in order to make the acquisition for this equipment, she is requesting a motion from the Commission recom- mending the sole source vendor, rather than a competitive bid, and the adoption of a Resolution, advising the Division of Elections that this acquisition will be made, and exactly what will be required. · Commissioner Shanahan moved, seconded by Cow~lsetone~ Goodll~ght Cha~ber~ as sole source for the County's purchase of the eq~t~t be Co~iasioner Shanahan move~, seconded byCo~tsstoner Goo~mig~t C~ZTiedunanl~ously, that Resolution 90-12, pr~tdlng ft~tn~ ~ the Division of ~lecttons regarding the ~c~e o~ el~m~lcal ~ttng systems ~ipment ~ adoptS. Page 41 AUTHORIZATION FOR THE BOO TO APPLY FOR GRANT MONIES FROM THE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE SELEOTIV~ TKAFFIO ~T~OROEM~NT PROGRAM - APPROVED CoaLssioner Saunders moved, seconded by CommLssioner Goodn~ght and carried unanimously, that the Board of County Comm~ssionerl apply for grant monies from the Department of Community Affairs for the SelectLve Traffic Enforcement Program. 000813 Co.wlestoner Shanahan moved, seconded by Commtaltone~ Saunderl and carried unanimously that the following Items under theOoneent '&geed& be approved and/or &doptedl ,' January 9, 1990 EXECUTION OF THE QUARTERLY STATUS REPORT FOR THE SMALL CITIES COMMUNITT DEI~ELOPMENT BLOCK GRANT PROGRAM, CONTRACT NUMBER 90DB-49-99-21-OS-H05 Item 14A2 FINAL PLAT OF "SHADO~WOOD" - WITH STIPULATIONS That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the tncompleted Improve- ments and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the Construct$on and Maintenance Agreement. That no building permits be issued until the final plat is recorded. See Pages ,~&- Item 14A3 RESOLUTION 90-13 PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "AUDUBON COUNTRY CLUB - TRACT G" - WITH STIPULATIONS Accept the Cash Bond as security for maintenance of the Infrastructure until the Board of County Commissioners grants final acceptance of all improvements. Authorize the Finance Director to return $4,500.00 of the original Cash Bond; which would now be tn excess of the required ~0% security. Authorize the Chairman to execute the Maintenance Agreement for Preliminary Acceptance and Resolution authorizing preli- minary acceptance. Preliminary acceptance of Improvements will not becom® effec rive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. Item ~14B1 Deleted ~ #1 TO CONTRACT 24-90, WITH AREA AGENCY ON AGING INCREASING COMMU1TITY CARE FOR THE ELDERLY FUNDING Item ~14D1 See Pages Page 43 , .; :~. 3~u~r~ g~ lggo BID #B8g-14T6, TO NITCHELL AND STARK CONSTRUCTION CO. INC., XN THE AMOUNT OF 8853,112 FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILIT~ EXPANSION - EFFLUENT DISTRIBUTION FACILITIES Legal notice hav~ng been published in the Naples Daily News on October 15, 1989, as evidenced by Affidavit of Publication filed with the Clerk, bids were received until 2:00 P.M. on November 30, 1988, to consider Bid #89-1476, North County Wastewater Effluent Facilities. AMENDMENT TO LEASE AGREEMENT BETWEEN THE MARSTEN LEASI~ HORPORATION AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, ~LORIDA, WHICH PROVIDES FOR A MONTH-TO-MONTH TENANCY AT $585 PER MONTH 'Item #14E2 Moved to 9E1 Item #14K3 SALE OF C0MPUTKR KQUIPMENT (COUNTY ASSET NO, 8512&) PURSUAHT TO BID 89-1490f TO MR. 0EORGK R. RICHMOND IN THE AMOUNT OF $200 · Item #14F1 Moved to 9F1 Item ,14G1 ACCEPTANCE OF RECYCLING AND EDUCATION GRANT FROM TH~ FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AND CHAIRMAN TO mCUTE THE AGREEMENT See Pages A¢CE~TAMCE OF WASTE TIRE SOLID WASTE GRANT AND CHAIRMAN Item #14G3 CHAIRMAN TO SIGN A CONSENT ORDER ISSUED BY THE FLORIDA DEPARTMENT OF -ENVIRONMENTAL REGULATION . Item #1411 · ., CERTIFICATES OF CORRECTION PRESENTED By PROPERTy APPRAISHR TANGIBLE PERSONAL PROPERTY 1989 No's. ~989-95/97 Dated 12/28/89 - 1/1/90 Item B1412 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDERS See Pages ~ Page :44 '"00095 ,~,~MX$CF~_.n-w~OU$ CORRESPONDENCE - FILED/OR REFERRED The following miscellaneous correspondence was filed and/or :~;!:' referred to the various departments as Indicated below: ~i. 1. Memorandum dated 12/15/89 to State, Regional, and Local Coastal · ~ Officials, from: James W. Stoutamlre, re 1990-91 Coastal Zone ;.' .... Management Grant Program. xc: Filed. ~ 2. Letter dated 12/28/89 to Chairman Collier County Bo&r~ of County ..' . Commissioners, from Patrick Kenney, Environmental ~ec~al~st, Re: · ~ Collier County - WRR, F~les Nos. 111741215 and 1117~2205 enclosing ~ short form application which involves dredge and fill activities. " Referred to Netl Dorrill (letter only,) Frank Brutt and filed. Copy of letter dated 12/19/89 to Steve J. Brisson, AIA, Regarding: Administrative Approval of Permit Number: C0-217, Permittee Name: George Orban. Referred to Nell Dorrlll, Frank Brutt and f~led. 4. copy of letter dated ~2/2S/89 to Brett D. Moore, P.E., Coastal Engineering Consultants, re: Administrative Approval of Permit Number: C0-241, Permittee Name: Barefoot Beach Associates, Ltd. Referred to Nell Dorrtll, Bill Lorenz, Harry Ruber and filed. Minutes: A. 12/05/89 Minutes for Marco Island Beautification Advtsor~ Committee. B. 01/04/90 Agenda for the Collier County Planning Commission and minutes of December 7, 1989. C. 01/02/90 Marco Island Beautification Committee Agenda Copy of Notice to Owner dated 12/22/89 to General Contractor, Kraft Contractor, Kraft Construction Company, from Florida Hi-Lift Corporation, under an order given by United States Plastering advising that they have furnished aerial lift equipment for the Collier County Courthouse. Referred to Nell Dorrill, Skip Camp and filed. 8o Letter dated 12/19/89 from South Florida Water Management District, Steve Lamb, Director Water Use Division, Re~ulation Department, Subject: Declaration of a Phase I Moderate Water Shortage for All Uses Within the Coastal Collier County Water Use Basin the Caloosahatchee River Watershed-South Water Use Basins. Referred to Nell Dorrlll, Mike Arnold and filed. Copy of letter dated 12/19/89 to Sheriff Don Hunter, and Mr. Fred Voss, CCBC, from Dept. of Corrections Re: Corrective Action Response, Collier County Jail, - Follow - Up Inspection. Filed. copy of letter dated 12/19/89 to Sheriff Don Hunter, and Mr. Fred Voss, CCBC, from Dept. of Corrections Re: Corrective Action Response, Collier County Stockade - Follow Up Inspection. Filed. 10. Twentieth Judicial Circuit Court Case No. 88-2173-CA-O1-HDH dated 12/27/89 Tactmark, Ltd. a foreign corporation plaintiff vs. Terence L. Fitzgerald, Trustee. Fourth Amended Complaint to Qxliet Title. Referred to Ken Cuyler and filed. 11. Twentieth Judicial Circuit Court Case No. 88-2173-CA-O1-HDH dated 12/27/89, Tactmark, Ltd. a foreign corporation plaXntiff va. Page00096 January 9, Terence L. F~tz~erald, Trustee. No,ice of Lis Pendens. Referred to Ken Cuyler and filed. 12. Notice of Claim and Corroboration of Reasonable Grounds dated 12/20/89 from Attorney Karen A. Gievers re: Arians Montalvo. Referred to Dr. Polkowski, Ken Cuyler and filed. There beln9 no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 17:50 P.M. BOARD OF COUNTY CCY~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL These minutes approved by the Board on ~~4~,//;d :' as presented z~~ or as corrected · 0'0097': Page 46 ,,, ::'~.