BCC Minutes 02/27/1990 R Naples, Florlds, February 2?° lggO
r-ET IT BE REM£MB£RED, that the Board of County Comm$*mlon.rm ~n
· nd for the County of Collier, ~n(l Ml,o ~ctlng ~s the Board of Zoning
Appeals and as the governing board(s) ot such special districts ~s
have been cre~ted ~ccordtng to law and h~vtng conducted business
herein, met on this date at 9:00 A.M. In R[O~ SESSION In Building
"F" of the Government Complex. E~st Naples. Florida. with the
following members t)resent:
CHAIRMAN=
VIC£-CHAIRMAN:
Michael $. Volpe
Richard S. Shah&hen
Burr b. Saundsrs
Anne Ooodnlght
ALSO PRESENT: James C. Giles, Clerk= John Yonkosky. Plnance
Director; Ellis }Ioffman and Maureen Kenyon. Deputy Clerks; Nell
Dorrlll. County Manager; Thomas Ollitf and Senfllfer Pike. Assistants
to the County Manager: Ken Cuyler. County Attorney; MarJorle Student.
Assistant County Attorney: Michael Arm)ld. Utilities Administrator;
Kevln O'Donnell. Public Services Administrator; George Archibald.
Transportation Services Administrator; David Pottrow. Development
Services Director: Kenneth Baglnskl. Planning Services Manager;
William Lorenz. £avir~mmat~t.~l Servic,s Administrator: David Weeks.
Robert Lord. Ronald MinG. a)~d Bryan Milk. Planners: Sue ~lle~n.
Administrative Assistant to the Board; and Deputy Byron Tomllnson.
Sheriff's Office.
February 27. 1990
Commissioner Shmn&hmn moved, seconded by
mod c&rr~ed unmnlmouely, that the agenda mnd consent agend& be
&pprovmd w~th thm fo~ng ch~ng~e=
1. Item 5~ - (]on~ervanc~ Month P~ocl~m~t~on - (Added by aCC).
2. Item 9B2 - Recommendation to accept ~nd ~pprov~ ~ c~h bond
In lieu o~ n payment and performance ~ur~ty bond for Bid No.
89-1478, t. and Clearing of C.R, 951 Right-Of-Way - (Added
requested by Staff).
Item 6B4 moved to RCS - Petition AV-Rg-o2T. Q.
agent for South West Hotel Corporation, requesting vacation
of a portion of the easement for public
(:ncorrectly listed},
4. Item 14A4 - Recommendntion to grant preliminary acceptance
the roadway and drainage Improvements for the final plat
"Pelican Bay Unit S.ven" - Withdrawn (Staff's request).
5, Item I4BI moved to 9B3 - Necommendatio~ to accept conveyance
of right-of-way to Collier County pursuant to developer com-
mttmentm, Ordlnanc. ~9-91 (Arbor Tree. PUD) - (Staff's
request).
10.
11.
Z tam
Item 14B4 moved to 14R2 - Recommendation to approve end exe-
cute a new lease ~greement between Wayne K, Halson, CPA, and
the BCC fc)r the Collier County Sheriff's Office Special
Operations Division (Incorrectly listed),
Item 14FI moved ti) 9F1 - Re, commendation to a~prove agreement
for medical examiner ~erv~ce~ for F~.cR1 Year ~989-~990
(Staff'. request).
Item ~4F2 - Recommendation to approve the agreement with the
Southwest Regional Planning Council to proceed w~th
Sea, Lake, Overland Surge From Hurricanes (SLOSH)
Model - Continued to 3/6/90 (Staff's r,lquest).
of Sun Bar%~, N.A, t,) [)roy[de Collier County with
$20,000,000 line. of cr-dit to financ, the cent of various
Capital Project. tn the County - To be h-etd at 11:00 A.M.
with the r[orJda Department of Traneportat ton for the purpose
of constructing a fue~ tare at the ZmaokaJee Airport -
(Requested by Commies inner Vo[pe).
Item 14B3 m,)v~d t~, ')RS H-c't~mm~r.l~t i~)~, that the aCC
w~th the r~ortd~ D.l,.rt,,,ent of Transportation for the pur-
pose of construct inU ~n ~ircr~ft parking apron and terminal
parking ar.,~ at th~ Imm~]k~l.. Alri)ort .. (Re(lueated by
Zebrutry ~7o ~ggo
Aw&rds to the following employees:
~llllem $. S~rlhg~n, Jr., Uti]ltle, - 9 ¥~r~
THE NOIFTH OP KAWCH, 19go, AS CO~V~
Upon re&ding of the proclamation by Commleeloner R&meeo
Commileloner Ooodnight moved, eeconded by Coamielioner ShEu~h~n and
c~rl~ ~l~u~ly, that ~he proclamation deeignlting ~rch, ~990, Il
C~II~ ~nth, ~ adopted.
Commlmmlonffr H~se prff~;~tffd the proclamation to Mr. L~wrence
H&ger~on.
OO00o
February ~?0 1990
P~TITXOI R-89-12. KRIS DARE OF COASTAL ENGINEERING COR~ULTARTe, IRC.
REPR;JENTXRO AITRON D~ELO~ OF NAPLES, INC., (CO~ ~C~8ER)
REQ~TX~ A REZONE ~OH 'E' TO 'PUD~ ~R A CO~ERCXAL D~LO~ TO
February ?, 1990. as evidphc~d by Affidavit of Publication ~lled ~lth
the Clerk, public hearing was opened to consider Pntltlon R-89-12,
filed by Coastal Engi,eerlng Con~ultant~. Inc. r"pre~entln9 Aotron
Development of Nflpl,fl. Eric. r(. ~ proposed ordlnflnc, amondlng Ordlnflnce
82-2, the Comprehermlv~ Zoning Regulations for the Unincorporated Area
of Collier County, Florida, by amending the Official Zonlag Atlas ~ap
Number 49-26-3 by changing the zoning classification of the herein
described real property from "E" ~atates to "PUD" Planned Unit
Development known as Astron Plaza, for property bordered to the north
by Pine Ridge Road. to the east by Oaks Boulevard, to the south by
10th Avenue ~Otlth~est, Slid tO the ~eSt by I-T~ Canal/I-T5, consisting
o~ 7.&+ acres in Section lT. Township 49 South, Range 26 EIst, Collier
County, Florida.
Planner Weeks orated that the petitioner Is proposing to rezone
the subject property to PUD to allow for Its development with a
llelted number of commercial uses primarily serving tile traveling
public.
Mr. Weeks described the surrounding zoning arid land uae as
follows: to the north across Pine Ridge Road vacant commercial, con-
taining the Vineyards PUD; to th~ east across Oaks Blvd., (s.k.a. Naps
Way), £-gstates. undeveloped; to the uouth Act'oas lOth Avenue S.W.,
K-Estates, sinGle-family dwellings: to the west across I-TS, PUD
($utherland-commerclal). partially developed.
Mr. Weeks advised that the Collier County Plahnlng Comnleelon
reviewed this petition on December 21. 1989. and recommended denial
(5/O) due to the Intensity of uses. He noted that the Board reviewed
this petition on January g. 1990. and expressed similar concerns
relating to the us.s, and suggested that tim petltlon.r take steps to
0001 .I
Page 4
February 27, 1990
lemsen the intensity of the proposed development. He remarked that
the petitioner did make amendments to the PUD am follnwm:
1, Tract~ reduced from 5 to 4: one tract has been eliminated and
incorporated Into a l~rger tract to the ~outh.
By l~corpor~tlng th~ ~hove tracts, there i~ a decrease
inton~lty by e]lml~ting three u~em {co~vmnl~nc~ ~tor~,
station, ~nd f~st food restaurant). Previously, the thr~e
tracts ~lJ~co~t to Pine ~ldge ~o~d would h~ve the most
Intense us,~, nnd the ie~ intense us~ were ~long ~he south
of th~ proJ.ct n~iJ~:ent tn loth Ay.nun S.W.
3. A c~p of 110,000 ~q~r. f~t Is propo~d for th~
4, A ml~lmum -quar, foot~g~ of the lots will t)e Increased from
22,500 S.F. to 39,000
5. Height increased along the two tr~ct~ ~dJ~cent to loth
Avenue S.W. from 30' :o 35'
Mr. Weeks Indicated that p~rki~g requirements affect the amount
equate footage on a site, noting that parking rmquirementm for
are ~esm Intense, ~nd convenience stove and f,~st food restaurant
have very high parking requirements, and there/ore, ther~ will be
mquare footage on site.
Mr. Weeks c~lled ~ttention ~o Item "f- In the ~x~cutlve Sugary
which relerm to a change In ownership, ~nd notmd that thl~ lm an error
on hi= part. He informed that A~tron Development ot Naplem, Inc.
the contract purchaser, and the Vineyards Interchange Partnmrmhlp, A
Florida General P~rtner~hlp is the ~ctu~l owner of the pro,arty.
Mr. Weeks stated ~h~t the CCPC reviewed the -evimed request On
February 15, 1990, ~nd recommended approval (4/2) subject to mtipul~-
lions. He advised that one ~tip:l~tlo~ am recommended by the CC~C
to change the height r~qulr~ment from 35' on th~ mouthmrly two tracts
and 40' on the upper two tracts, and tbs petitioner dmmirem to chan~
this to 35' for ~ll tracts. H~ r~:omm~ndsd that Tracts I and 4 (which
abut loth Ave~)u~ ~.W) b~ ~llow,d th~ 35' height ~or the hotsl ~nd the
Hr. Weeks iniormecl that the CCPC further stipulated that double
wails be ~rovlded for fuel storage tanks ~nd plumbing relative to
the water supply of private w-Ils across loth Aven~o
Page 5
February 27. 1990
Hr. Weeks stated that the CePC recommended that an 8' high chain
link fence and hedging be provided along th~ mouth proper, fy line o~
10th Avenue S,W, H. suggeat.d that t'ath.r thar~ requiring that an 8'
high chain llr~k fo:l,:, b. pr¢~vided, that this be changed to a fence or
wall with a minimum of 6' high, and a maximum of 8', with the typical
buttering requirements.
Hr. Weeks indicated th,~t Item "1" should be deleted, since it was
previously agreed upon th.~t the water m~nagement are~ would not be
within the 30' buff.r along tho ~uuth prep. try 1 i~{.,
Mr. Weeks called ~ttentlo~% to Item "e" and i~formed t'nat the deve-
loper sup~rte thi~ stipulation, and he will pay for the c~et~ am~o-
elated with closing off Oakm Blvd. (Naps Nay), up to a maximum of
~5,00o.
For purposes of clarifying Item "J"0 Mr. Weeks stated that if the
property la subdlvld,~d, tt~. t)etitlor~er will h~ requlr~.d to go through
the Subdivision Ma.tar Plan and plntting
~r. " ';;,Ilc~,t.d that th~ l,-titio~.r h.. proposed by deed
restrictions to create an ~rchltecttira] and aiunage theme for the pro-
Ject. He noted, however, that d~ed restrict ionia ~re not enforced by
the County, and suggested that the applicant be required to provide
Planning Services, at th,. ils- ,if platting,
site development plan submission, the p~opo~ed .%rchitectural and
algnage theme for th.. projec~ for staff review and approval.
In conclusion, Mr, Weeks ~dvi~ed that four persona
this petition at the CCPC meeting a~d 16 letters of opposition have
been received relating to intensity et the use, th. unacceptable hour,,
hours et operation,
Page 6
Febru&r¥ 27, 1990
Hr. Weeks stated that he recommends approval of this petition sub-
Ject to the stipulations and modiflc&tlons that he has proposed.
Coulseloner Volpe questioned whether there h&a been a deletion of
any of the uso~ aa originally proposed? Mr. Weeks ~tated that there
has been no deletion oF the originally proposed uses.
In answer to Commissioner V~lpe, Mr. Weeks advised that the eppll-
cant hca submitted one plan which sho~s 120,000 s.~., b~sed upon what
was presented at the last hearing, and he Is no~ proposing to cap the
square footage at 110,000 s.f,
Commissioner Shanahan questioned whether the concerns relatln~ to
mitigated by the stipulations of the iteff and th~ CCPC? ~r. W~eke
replied affirmatively.
Attorney Dudley Goodlette. representing the Petitioner, stated
that there are four Items that should Impact the Commission's deci-
sion:
1, This ts a PUD submittal, and there are 4 owners of the ?.$
acres, and the subject petlti~)ner has a contract to purchase
the entlr,, nctivlt7 c-nt~r.
2. This t~ a unique piece o~ property due to its l~catlon and
the fact th,~t It l~ only comprised of 7.6 acres of the
quadrant of the Interstate.
3. A co~mon architectural scheme ~111 b~ implemented for the
entire pro~ect, and the height ~111 be limited to 35~
every building on ~lte.
4. There la a wide range of uses permitted In the Interstate
Activity Centers, and the petitioner la proposing slx uses:
restaurant, convenience food service, gasoline, hotel/motel,
o~fice buildln9, and ,t drtve In bank facility.
reduced on the tract that h~ hewn [ncorpl~r~tetl. and noted that
could have bee~ a gas stntl.n, fa.t food restaurant, or convenience
food store. He noted that Activity Centers ~re the areas where com-
mercial la located for the convenience of the traveling public mo
the levels of service on the roads NIII not have to be Increased bet-
ween the activity center and the outlying commercial are~m,
In answer to Commlamloner Volpm, Mr. Goodlett, stated that the
Page ?
February 27. 1990
Commission will have plenary of opportunity to review what le actually
put on this site in future meetings through the SOP process. ~ noted
that he believes that the limitations that the petitioner la
upon himself should be taken into consideration: reduction in the
i~tenalty of use on the site by eliminating of on~ of the more
u~es, placin~ a c.~p on the total square footag~ of usable ground floor
Commissioner Volpe noted that the petitioner haa choasn not to
Include any of the less Intense Institutional uses In tho PUD, and
when the SDP Is submitted the Commission will be unable to
the Inclusion of tho~e u~s 1[i this site, and It Is at this stage
the process that th. mix.d use. within the activity centers should b~
discussed.
Attorney Goodlette affirmed that his client will accept any and
· 11 additional Institutional ]e~s Intense uses In the p~rmitted uses.
M~ noted that the p-tltioner w,~ merely trying to limit the uses to
satisfy the concern~ of th. Comml.~lon.
Mr. Weeks advised that It was his suggestion to move the 9ms
tlon, fast food restaurant aud convenience store to the northerly
tracts away from the residential properties to the south. He noted
that he did not specifically recommend that Institutional us~s
added, but If the Commission desires that these be Included In
PUD, It would be at the developmr's discretion whether or not to deve-
lop rheem Institutional uses. H. stated that the only way to ~nmure
that these u~es are developed on this sits la to add those to the PUD,
~d to limit one or more ir.ct, on site to thee. institutional
eec Receoo 10~30 A.M. - Roconvenod 10240 A.M. oeo
The following per.Gna spok~ In oppo. ltlon to this petition:
Mr. Scott Barnett
Mr~. Mope Breck
Mrs. Shirley Ruder
Mr. Xelth Monk
Mrs. Sherry Barnett
Mr. George Keller
Mr. Steve Wallace
00() 1,5
Page 8
February :27,
Mr. Thomas Gormle¥
Mrs. Tracy Luttman
Those persona speaking in opposition to the petition cited the
following: If the project is approved, some residents prefer mn
high chain link or decorated type fence; offices and banking are
desired rather than more Intense umes, as proposed: concerns relating
to no~ee, pollution, Increased crime and traffic; some residents are
opposed to the chain link fence, and prefer a wall or a fence to blend
In: opposition to the 35' heluht building., since It w~ll be 2-3 years
until the landscaping cover, the wall~fence: the 7.6 acre, parcel
· pp~oved. ~he reai~e~ ~ould like ~o ~ee Napa ~7 cloaed~
· hould ~e monitoring ~, ~hP g.~ ~a~k~ ~o en~u~e ~h~ ~he~e wil~ be no
contamination of the private w~l]~: the parcels ~hould remain am
&states Zoning, since there ts already tremendous development to serve
the traveling public from 1-75; a 4 story hotel will deltroy the
years for th~a project to b. developed: ~f approved, ~here should be
30' height reatrtctJon; this ar.a ~s closer to the Philharmonic and
Registry Hotel than the Retreat and Imperial Golf Estates, and this
neighborhood should not be ~Jven any less consJd, ratlon: ~f a hotel'
built on this site, there will be 24 hour delivery; stench from gar-
bags and unsanitary cond~t~ona, and ~4 hour trafftc flow, which
no: be a good environment to ,'alga children: the other Ride of tho
road has ample apace for thLt~ project and there are no
My. Rosa Mclntoah, one of the beneficiaries of tho land trust,
stated that after 15 month, of working on the project, he believes
that Amtron Plaza la not only suitable, but will be an
interchange In Collier County. He further noted that the
tufa1 and slflnage theme should not be treated lightly mince the
]anguage requiring thl~ 1~ ~ot found In auy other PUD In Collier
County. He advised that thi. will b. a v~ry ettractlve interchange,
Page 9
February 27, 1990
and Hill serve as a wonderful first lnpresslon to travelers entering
the couunlty. He remarked that If s 100 tinit -,oral Is conmtructed,
if will encompass ~0,O00 ~.f, of the total 100,000 ~,f., and the
of Collier County, commented on the proposed project noting that
changed~ however, th.y ev~luat.d the petltion.~'s revisions for tho
lessening of Intensity and they Indicate that there has not been a
significant change especially ~[nc~ the affected tract la not closest
to the nearby residential properties. She noted further t~t the
height Increase on tracts clo...t to residential l~t~, ~lthout
demonstrable lnte[~alty o~ ~s~ reduction, 1~ o~ concer~ to st~,
She commented that there appears to be some lnc~natstenctea, calling
attention to Stipulation "e", relating to the closing o~ Oaks Blvd.
(Naps Nay), prior to Dec-mb~r ~I, 1092, ~nd P.~e II-~, Ite~ 2.4 o~ the
PUD document ~t~te~ that "Sit'ciVic px'oJect phasing l~ not anticipated
fo~ Aatron Plaza. Pro,act butld~ut ~111 be dictated by a~rket
demand." Increases She noted that she does not believe that ~he Intel-
airy of the density h,~s been reduced.
Attorney Goodlette stated that If the project were to be built to
lie m~lmum capacity It could have tn excess of 150,000 a.f., but the
~tltloner has agreed to cap the square footage to less than the maxi-
sum. He remarked that this is an Activity Center, and traffic Intent
co~e~c~al uses are to be locate.~ In the~e areas. With regard to the
8' chain link feb%ce, he Indicated that depending on the a~chltectu~ml
~sed, but related that he teals that a drive In b~nk, o~flce facility
or hotel/motel ~tth an archlt.ctural Ii,ese 1~ very conducive to neigh-
Page 10
O00J
February R?, l~O
boring residential areas.
In answer to CommJsmio~er Ha~ae, Mu, Goodlette indicated that the
~etltloner has agreed to a ~h~l~l link fence, but i~ it ia the decision
o~ the Board that e wall i~ mor~ desirous, he will ~bid~ by same.
Commissioner Saundera questioned what type of development could
placed on this ~lte i~ the Commi~ion doe~ not ~pprove the PUD?
Planner Weeks replied that under current zoning, 4
dwellings could be conmtructed, and the upcoming zoning changem would
permit a ~ull ~:'r~y ot comm~:'clal ueem.
There were {{o other ~peakers.
~ieeloner Vol~ ~ved, seconded by Coalaeloner Sh~
c~rl~ ~i~ue~y, that the public hearing ~ c2oeed.
Commissioner Vo]pe stated that this petltlor~ was sent back
lessen the inter,airy o~ use~, a~d ~t this time, Staff indicates ~hat
there has been no significant reduction In th~ i~tens~ty of uaee
this parcel. He ~toted that at this point In time, there have been 81
acres o~ land approved at tht~ interchange that allows for these types
of uses ~or the traveling public, and there la no Justifiable need
this partlcul.mr time. He Indicated that he ha~ the aame
today regarding approving this plan that he had the last time the
petition was preselmted.
Planner Weeks stated that th. ~ppltcant provided a demonstrable
reduction In inten.ity by submitting a sketch plan on February
that there ham been a reduction in lntenmItv ~V the cap o~ 110,000
m,~, and bv ~eletlng th~ thr~e u~ [rom the ~ormer tract,
ml~m~ whether thl~ PU~ 1~ b-t~r th~n what m~V b~ there 1~ thru lndlvl-
due{ property ownerm w.r. tn r-qu.mt r.zon., t~ build g~m
Page 11
February 27. 1990
fast food restaurants, motels, etc., that would be peraltted under the
current Comprehensive Plan,
Co~lmmAoner Shanahan ~d. seconded b~ Co~iaaAoner Sa~era to
~~ ~tttlon R-~9-12, subject to the condl~lona of 1AaAtAng the
~A~ height to 35' on Tracts 1 ~d 4 for the hotel ~d office. ~d
30' for the restaur~= deletlng the ~cea~r 31. 1992,
co~tralnt relating to the cloeAng of Ma~ Nay~ AncludAng the
of ~ 8' c~ln 1t~ fence or wall de~ndAng on the neigh~ra deelrea=
inclusion of lnatA~utAonal u~e~. A.e. hoepi~ala, nuralng ho~a, d~y
care centers. ACLF'a~ and that the ~tition~r contAnue to ~rk
the nelgh~r~ to satisfy everwnne,a needs.
In answer to Commissioner Volpe, P2anner N~ek~ ~dvlsed ~h~t A~ ~he
Commission want~ to ensure that there will be specific Institutional
uses on the site, one or more ~rac~s ~l~ need to be designated for
Hrs. Brack, speaking ~n beha]ff off ~homo volcAng oppoeJ~.ion to the
request~n~ a ~' hl~h doc~r-at~v~ f~nce. (l,e. B~rk~hlre Lakes), and
Mr, Ooodlette agreed to Mrs. Brack'a r~queat.
~ call for the ~e~tlon, the ~tAon faAled 3/2
Vol~ ~ H~ae op~eed).
ace ~ecooo: 12:00 Moon - Reconvene~: 12:~0 P.H, ~t which tine
Deputy Clerk Keny~m replaced Deputy Clerk Hoffman
Xt~ ~gH1
~SO~XON 90-~ ACCEDING T~K PROPOSA~ Or S~ ~, N.A, TO
A 020,000.000 ~XNK OF C~EDXT TO FINANCE THE COST OF V~O~S C~XT~
PRO~S ~ND A~HORXZING A D~N NOT TO ~CIID Ol4,OO0.O00 OX BAlD LINK
O~ ~DIT TO FIN~CE THE COSTS OF CERTAIN IMPROVES TO ~l ~T ~D
SO~ CO~ RIQIONAL NAST~ATK~ COLLECTION SYBT~ ~ND RESOL~ION
90-2 A~ORXZXNO A PLEBE AND LIEN ON THE NET RKV~UK8 Of ~1
~~-~,- ~D_
Fln~nc~ Dlr~ctor Yonk~)~ky stated that ~hl~ l~m Is a r~comm~n-
d~tlon ~or the Board to acc,pt ~ proposal ~'om Sun Bank, N.A. to pro-
vld~ Collier County ~lth a $20,OO0,000 lln~ of credit ~nd Is ~
companion to Ite~ 9DJ. !!~ Indicated th~ on Decl~b~r 5, 1989,
00() 19
Page 12
February 27. 1990
Board authorized Staff to ~tlvertisp and solicit proposals for a
$20,000,000 line of credit and bids were received and opened on
January 31, 1990, and on February 6, 1990, the bid tabulation sheaf
was presented to the Board at which time Staff was directed to conduct
simultaneous negotiations with the three financial Institutions that
responded. He stated that one of the institutions d~cllned to enter
late negotiations with Staff, and th~refor~o ~imult~neoue negotiations
~re conducted with the other two which resulted in the line of credit
agreement0 the bank commitment letter and two resolutlo~ that are
being present.d. ~e referred to ~xhiblt ~A" indicating the projects
that are covered by thi~ line {~f credit, th~ amounts and the specific
revenues that will be pledged for each particular project when they
are approved. H~ stated that he i~ asking for the Board to approve
the resolution that authorizes the Chairman to execute and Staff to
deliver the Line of Credit Agreement to Sun Bank which also means that
Sun Bank would be awarded the line of credit. He noted that aa part
of this resolution, the Board w,auld be authorizing the draw of not to
exceed $1400000000 for the financing of the costs associated with the
East and South County Regional Wastewater Collection System. He indi-
cated that the other resolution in where th~ Board will be acting aa
the Collier County Water-Sewer District that will authorize the net
revenues of the District's utility system to be used to back up the
draw for the East and South County Regional Wastewater Treatment
Plant.
Commissioner Volpe que-tioned the amount of th~ Initial draw, tn
which Utilities Administrator At'nold ~tated that the $8 million
Indicated in aUen~la Item 9D4 r~f.rs to the portion of the project that
relates to construction coat, adding that what h~ is asking for from
the $20,000,000 lin. of crc,tit would cover the land acquisition comte,
legal costs, and th~ engineering costs associated with the project and
the best estimate at this time i~ approximately $140000,000. He
stated that thl. Is an Interim method that formally allows the County
to award the contract from a l~sal #tandpol[~t by virtue of having the
P~ge 13
O00:JO
February 27. 1990
funds available to support the award. He stated that when the bond
Issue Is put together and the bond sale la held, he will then use the
bond proceeds.
questioned If the capital projects are the kind that will be paid for
by user fees, to which Flnanc. Director Yonkosky stated that all but
one project will be paid by user fees. noting that this project la for
various Improvements to th. County's administrati9n complex Nhlch will
not exceed $4 million and the pi.dge and lien will be on the County's
half-cent sales tax,
Mrs. Weatman stated that she does not understand why any project
~ould be considered tn this c~'~dlt line If It Is not user fee paid.
Finance Director Yonkosky stated that all the projects are user
fee paid except for one and that project Is on the list because It la
estimated that there may be projects that the Board will approve In
order to have the cash in hand to start the project by pledging the
half-cent sales tax,
Commissioner Volpe stated that aa part of the Capital Improvement
· leaent of the Growth Hanagement Plan, only 20~ of the one mill capi-
tal Improvement levy has been allocated toward CIE pro,acts and 80~ o~
that levy ~111 take care of the non-CI~ projects, and questioned why
this type of credit Is needed if there Is a source of funds available
at the present tl~e for these projects?
· lnance Dir.ct~- Y~mk~aky at,~t,.H that th~re are certain projects
that are needed but the cash la ~ot available at this time, noting
that the cash will be available next year and this line of credit
simply gives tile Boar~! th. tlexlbllity of tnttl~tl~tg that proJsct now
as opposed to waiting a year, when tile cash is on hand, He Indicated
that this Is strictly a matter of timing.
Conatlsaloner Volpe questlo~led If the projects can be changed at a
later point in time. to which Fir~ance Director Yonkoaky stated that
the projects on ~xhtbit "A" h~v. b.en pre-approved by the financial
institution and will have to be pre-approved by the Board, adding that
Page 14
000 1
February 27, 1990
if any other projects are to be added to the list, the Bank will have
to look at the project and the Board will have to approve the project
In order to add It to the contract,
Tape e3
Nr, Bob Nlken, representing Sun Bank. stated that the Bank looked
at the underlying revenue source to support any projects that might be
consuuated.
Coumlooloner Shsfllhefl norad, seconded by Cotmlasloner 8&~ndere end
million line of credit ~d a draw not to exceed 014 sallies ~
Commissioner Seundere ~ov~d. seconded by Commloeloner Vclpe end
cai'rind unaal~ouel¥0 that Resolution ~-90-2 authorlsl~ ~ pl~ of
~d lien on the net revenues of the water ~d se~r ~etem ~ adopt~.
O00k
Page 15
February 2?° 1990
ltn
$T&11 RKV~LV~I~3 LOA~ FUI(D AORE~ ~R ~ST ~ IO~ ~ ~T~Y
thio item in conjunction with the line of credit in because bond coun-
sel was very nctive In the Stnte Revolving Lo.n Agreement. He noted
thnt they have gone through th. legs] review In the negotlatlonn
the State, noting that this loan 1. targeted to provide funding
assistance for the East n~d South Nnplen Snnlt.r~ Collection
Assessment Project, He stated thnt it will ~ot reduce the
assessments, but the low interest thnt 1. offered by the santa
remult In lower ~nnuAl aon~snm~nt payment, by the people that are
benefitting th~ proj.ct. Ilo .t~ted that the net Amount of the lo~n
$11.11~.1g1.00 ~nd the current prevailing r~t. Is 4.16~ this week.
· toted thnt this agreement represents the ]~te.t round of ,ucce~ In
obtaining federal and state funding asslstdnce f:.r the
program. He ~tated that them is ~ good pote;~tl~l of obtaining $1.8
million in grant funding for this p~rticular project, addin9 that ~hen
thio lm co~blned ~ith the state 1o~ of $11.1 million. It brlngm the
County up to $~9 ~illlon In state ~nd federal ~ssimtance for this pro-
Ject ~hich represent~ over ~0~ of the pr.~Ject. He Indicated that the
Agreesent ha~ been reviewed by all necessary p~rties, further noting
Resolution In the pant to execute ~1 gr~nt .nd lo.n feinted docu-
ments. He stated that he hnn be.n n.ked by the Clerk that the Board
~ke · mpeclflc motion 1~ they wlnh for him to ex.cuts this agreement
on the Board'm behnlf.
County Attorney Cuyl.r nt~t.d ~hnt there ~o no problem with the
In the motion.
~Ml~er Vol~ ~ved, seconded ~ Co. Isotoner ~ ~
~t ~ ~th Naples S~ltary SMr 8ym~eu ~oJect ~ appro~ ~
Pigs 16
February 2?° 1990
ORDIIK&NCI 90-18 RE PETITION PDA-89-1~,, l'RID N. ~S, ~., ~8~2~
COU~ CO~D CIT~ZKNS, RKqUESTIWO ~l~ TO THE COLLIK~ VIL~QK
~D L~ATED ON THE ~ST SIDE OF SOUTH FISH STREET, ~EST OF seth
FIRST S~KT IN I~O~LEE - ADO~ED. COU~ ATTOR~Y TO D~
~UA~K RK ZOWIWO RK-KVALUATIOW THAT ~ULD ~ ~I9 PROJECT ~
Legal notic~ h~vinU b~z~ published In th. N~ple~ Daily News on
February 7, I000, as ovid,mc,.d hy Affidavit of Publication fll~d with
the Clerk, public h~avinU w,mu opened to cm~lder P~tltlon PDA-89-15,
filed by Fr~d N, Thomas{, Jr., Rx~(:l~tlve Director of th~ Colli.r County
Housing Authority, representing Collier County Concerned Cltl{.nm,
mite plan approval requir.m~nt, by changing buffering requirements, by
providing that the PUD Haatpr Plan ~ervea aa th~ Subdivision Master
Plan, by deleting the requirement to ~ubmit ~ conceptual aide plan
depicting how nativ, vegotstion will be retained, by amending the PUD
Baster plan, and other incid.ntal changes, for property located on the
west side of South Fifth Street, approximately orm~-quarter (1/4) mll~
west o~ South First Str.~t (CR-846) 1~{ S~ctit)rt 9, Tow~hlp 47 South,
Range 29 East, In Imaokal.e, Consisting of 39+ acres.
Planner ~eeks stated that the existing PUD Is a mixed use project
that allows for multi-family arid sln91~ family development aa well ~s
· variety of Institutional type uses. He noted that this request Is
to provide that the PUD master Plan s~rves as the subdivision m~ster
plan which will help to faclllta+e the development of this project.
Hs noted that this will also chan9~ some of the buffering requirements
ts well ms so~e lncld.ntal ch~nu~ to th. PUD Itself, He noted that
¢ho site la presently u~{ti-v, lt)p.d and to th. north and east la undeve-
loped and zoned Estat.~; to th. ~outh is · day. loped single-family
Agricultural. He noted that th~ project is within the urban area and
the m~lmum number of units tb~t can t)o built In this PUD la 210 which
(lO(il)3
Paga 1 ?
February 27, 1990
but Policy 5.1 of the plan provides that any change to an existing
development order which do~a not lncr~se the Intensity or density of
r~qulr~nt~ .nd th~ County Is p~rtl~lly involved ~lth th~ ln~r~truc-
tare development t)y way of a Community Development Block Grant Fund
that has been obtained to pay for the Infrastructure. H~ noted that
Staff has no objection to th. requested amendment ~nd the CCPC
~evle~ed this petition and has no obJot:tlon, }!~ ~tated that the
only outstanding lsnue ha~ to tt~ with the petltloner'~ request to ~pe-
clflcally provide In the PUD that It la vested o: not subject to the
zoning re-evaluation ordinance.
Nr. George ~eller, representing the Collier County Civic
federation, stated that he would recommend that this Item be approved
ltl order for the pet it loner to speed up the project because of there
restrictions on financing.
Hr. Fred Thomas, Ex-ctttlve Director of Collier County Housing
Authority, stated that he la asking that the Board sake a deter-
~lnatlon that this project la either vested or exempt from the zoning
re-evaluation. He stated that If this does not happen, the County
will not be able to build the road In time and have the water
ment system done in time that will allow the Housing Authority to
build the units in t ira. t~ pr,,te, ct the Cr~mmunity Dev. lopment Block
Grant. He ~tat.d that any del~ym that would bring thlm project back
~hrough the zoning r---v4lu~tion procemm will make it lmpommlble
him to honor the agreement with the County becaum~ the County will not
be able to honor the Contract with him for the compacted fill from the
lakes. Re stated that tie Is asking that the process of tho zoning
evaluation be ~alved.
County Attorney Cuyler stat.d that h~ does not h~ve any proble~
Page
February 27. 1990
time frame Involved In this matter,
Attorney Oeorg. Varna(l.o .tared that he rained the idea of
exempting publicly funded hounlng proJectn of the }{outing Authority at
the CCPC meeting, noting that they suggested that this project be
exempt but they did not ~nt to a~ke a blanket exemption for public
ho~alng. He reported that If this project Is delayed, the public
financing will be lost because the ~roject ~lll not ~eet the time
frames. Ne stated that because st the density, this project ~111 not
be consistent ~tth the Growth H~nage~ent Plan after April l, 1990.
Co~lssloner Volpe questioned If a development agreement ~ould be
a possible alternative regarding th~ exemption of this pro~ect, to
~hlch County Attorney Cuyler replied that this c~:uld be a Possibility,
Mr. Varnadoe stated that the problem with a development agreement
la that It cannot be done un[ il the ordlnanc. 1~ ~dopted which will be
too late.
Commissioner Saunder~ quest loned how ~eny projects in the County
~re receiving Federal, Slate, end [.ocel funding, to ~hlch Coaal~alone~
Saunders stated that th.re ~re only about 4 projects.
Co~lssloner Saunders stated that there could be something pieced
into the zoning re-evaluation ordinance that would exempt these 4 pro-
~ects only. He stated that the County Attorney could be directed to
Include such language in the zoning ~e-evaluatlon oudlnance.
Co~lssloneu Goodnlght stated that on all fou~ pro3ectm If the
time frame Is not met, Collier County Gove~'nment will have to repay the
directed to go ah~,~d with this m~tt.r.
C~leeloner 8mundere ~ved, seconded by Co~leeloner Vol~
c~rl~ ~i~uoly. that the public hearing ~ cloe~.
~tool~er Sa~dero ~ved. seconded ~ Coulool~er
c~rl, ~l~usl~, that the Ordln~ce aa n~rod
~ ~P~ ~d entered Into Ordln~ce ~ok No. 38:
ORDI NANCK 90-18
AN ORDINANC~ AMKND[NG ORDINA{{C~ NUMBER 8706, W[~I~[( E~TABLISNKD THK
COLLI[R VILLAGE PLANNgD UNIT DEVELOPMENT, BY
STAT~ OF COMPLIANC~. TO ~EFLKCT PROPERTY
Page 19
February 27. 1990
AMENDING SECTION 2.O1. PROPERTY ONNERSHIP. TO REFLECT PROPERTY
Ot4N'ERSIIIp CHAN~E; BY DET,ETINO SECTION 3.09, PUD SITE PLAN
APPROVAL; BY AMENDINO SECTION 4.03, PERMITTED USES AND STRUCTURES.
TO CREATE A NEN TRACT "C" AND TO REFLECT CNANOE IN ZONING DIRECTOR
TITLE; BY AMENDING SECTION 4.04. DEVELOPMENT STANDARDS. TO LESSEN
NATURAL VEGETATION BUFFER REQUIREMENTS; BY AMENDINg SKCT~ON
5.02a,. PUD MASTER DEVEI,OPHENT Pt, AN, TO DELETE REFERENCE TO
SPECIFIC ENGINEER'S PI,AN AND TO PROVIDE THAT THE PUD MASTER
DEVELOPMENT PLAN SERVES AS TH£ StlBDIV~tON MASTER PLAN; BY
AMENDING SECTION 5,O~, ENV[RONMENTAI, CONSIDERATIONS, BY DELETIN~
SUBSECTION "g" EEI.ATING TO CONCEPTUAL SITE PLAN REVIEN. AND
RELETTERINO SUBSEQUENT SURSECT~ONS; BY AMENDING THE PUD MASTER
PLAN; AND BY PROVIDING AN EFFECTIVE DATE,
C43~lleeloner Saundern moved, eaconded by Co~tsetonar
c~rt~ ~i~un~y. that the Co~ty Attorney ~ dtrect~ to ~aft
l~ for the Zoning Re-evaluation Ordln~ce to ~ su~ttted
t~t ~t ~te from xon~ng re-evaluation this project
or 4 p~Jecte that are eup~rted ~lth Federal, State ~d Local f~de.
~t~ Clerk Eoff~ replac~ ~ty Clerk ~en~n
lt~ eeCl
~OL~XON 90-115, RE PETITION S~P-89-21, HXK~ K~DY OF
MI~, ~N, SOLL &PKKK, ~NC., ~PRESK~XNO LKLY D~LO~
CO~., RE SU~IVISION ~STKR P~ FOR LELY lS~ ESTATES - ~D
Legal astir, having been publish.,1 in the N~plen Dally News
February 11. 1990. ~ evidet~ced by Affidavit of Publication flied w~th
the Clerk. public hearing was opened to connider Petition SMP-89-21.
filed by Laura Redounds of Ntlson. Miller. B~rton. Soil & Peek. Inc.
representing Lely Development Corporation. requesting
Master Plan approval for Lely Island Estate~ to be located In Tract 8
of Le~y, a Re~ort Community, ;.'-~t of CR-951 and North of US-41 In part
of Sections 27 at~d 34. Town,hip 50 South. Range 26 E~at.
91.14 acres.
Planner Lord advised that the L. ly lnl,t~d Estates mite la located
went of CR-951 arid north of U.S. 41, Ne Informed that the petitioner
proposee to subdivide 91.14 acres Into 191 single-family lore in a
d~elling unite per acre. attd noted that this project will contain a
groin density of 2.1 u[~lt~ per acre.
O00DG
Page 20
February 27, 1990
Hr. Lord remarked that Staff and all reviewing agencies have not
Identified any conflict with the Qrowth Management Plan. He stated
that infrastructure relationships hav~ been reviewed, and
recoa~aending approval subject to the stipulations as referenced In the
Petitioner's Agreement Sheet. He noted that the Petitioner wishes to
address Stipulat tot, 13, relating to the looping of water maine within
the subdivision. He Indicated that Staff finds this petition to be An
compliance with the S~bdtvl.ion
Mr. Lord Informed that the Collier County Planning Co-mission
reviewed this request on February 1, 1990, and forwarded sams to the
Board with a unanimous recommendation of approval subject to staff's
stipulations. }la related that there was no public comment either for
or against this r.~lUeSt, and no correspondence has been received, and
therefore, staff ts r~comm~ndlng at, proval of thl~ petition, subject to
the CCPC's reco~mer~datlon
Mr. Bill Barton, of ~tlson, Miller, Barton, Soll& Peek, Inc.,
representing the PetltloneJ, stated that he concurs with all stipula-
tions with the exception of #13. He advised that subsequent to the
preparation of the stipulations as shown In the Agreement, Utilities
Administrator Arr~old sent ~ memo to Project Review Services Manager
NadaJewskl on February 2, 1990, which modifies this stipulation. He
suggested that the terms of Hr. Arnold's memo be substituted for the
language as presently contained In Stipulation #13. He affirmed that
Messrs. Arnold and ~adaJewskl concur with same.
There were no speakers,
Commissioner She. asham moved, seconded by Co,..-lssloner ~oodnlght
and ceA'tied ur~a~i~ously, that the public hearing be closed.
Co~aalsstoner Shanahan moved, seconded by Commissioner Ooodnlght
~ carried tu~ani~ousl¥, that S~[P-aP-~I be approved, end that
~eeolatioa ~O-Xl5 be adopted subject to stipulations, Including the
~t te Stipulation
Page 21
Fabruary 27, 1990
P~SOLI~IOII 90-116,
-- ~~ ~u., ~ VACATION
Legal notice having be~t~ published in the Naples Dally News on
February 11 and 18. 1990, as ~vtdenced by Affidavit of Publlc&tlon
flied with the Clerk° public hearing w~s opened to consider Petition
AV-89-250 filed by ~ilson, ~lller, Barton, Soil ~ Peek° Inc., Joe
Boggs representing Neapolitan Kntsrprlses/Carlbbean Gardens Co.,
raquastlng vacation of certain lots lines within Rock Crask Terrace so
that p~tltloner can better utilize the property.
Transportation S~rvlces Administrator Archibald Informed that the
purpose of this public hearing is to consider the vacation of a por-
tion of the plat of Rock Cr~ok Torrace, which Is located along Airport
Road° Immediately north of Est~y Avenue° and south of North Road. Ne
advised that the plat was record~¢{ In 1926, and Involved a number of
streets and small lots, approximately 50' In width. Ne stated that
the petitioner is proposing ~u vacat, all of th. property lines and
roadways so that he can better develop the property to Include
building roadways for the purposes of current zoning. Hs Indicated
that the property has C-4 zoning along Airport Road, and RM~-~ zoning
along Rock Creek.
Mr. Archibald advised that the area that la being requeated for
vacation Is as follows: House Avenue° Clarke Strest, Burnham
Boulevard south of Rock Cre,.k, Steeves Avenue less right-of-way
abutting Lots 19 through ~6 l,~clusive° Block C and the south 1/2 of
Lot ~, Lots ? through 14 Inclusive, Block D0 Lots 1 through ~, Inclu-
sive, Block A: Lot. I throuuh la, Inclusive, Block B; Lots 1 through
18, Inclusive, and Lot 2~ .~d Lot. 27 through 310 inclusive0 Block C;
Lots 1 through 5, i~cluslv, and th. north 1/2 of Lot 6, Block D, end
Lots 1 through 6 Block g.
Mr. Archibald said that there Is some advantage 1~ vacating the
relatively small lot lln.s, and not.d that ~he petitioner baa alao
submitted a letter Indicating tI,a~ he is willing to donets the rlohl-
Page
O0 ! O?
February 27, 1990
of-way along Airport Road for the future expansion of that roadway.
He informed that th~. ni~pr(~prlate Letters Of Nl~ Objection have been
received, and eta~f 1~ recomm.nding that th~ ~pproprlate resolution
adopted.
Attorney John Pasnldomo, r~prenentin~ Neapolitan Enterprises Co.
and Caribbean Oarden~ Co., ~tated that this petition does not relate
to the portions o~ the plat which ar~ presently d.veloped. }Se noted
that the lots are 50' wide and th~ development provides a means o[
from two heavily congested Arteries through a residential development.
He Advised that th~ p~titloner will abide by th~ requiremen~m aa let
forth in the Staff Report. He informed that a meetin~ wee held with
the remldenta of Steevem Avenue to acquaint them with the project, end
conditions were ~greed upon to ensure that Staevem Avenue will remain
a dead end aires, t, and any traffic genernt.d from the subject mite
will not advereely a[[ect or access Steevem Avenue. He provided a
copy of additional atlpulatinna that the patltloner ~11 adhere to.
Attorney Le~le Erick~,on, of Sparkman, Krlckmon, & Qulnn, P.A.,
mmpteaenting the re~idents of Ste~v~a Avenue, related that the pmlaamy
Interest of the property owner~ is that Steeves Avenue remain a dead
end etreet, and that the de, velopers do not begin one commercial
enterprime and come back and i~ropose to have the residential area
turned into a commercial area. He advised that the realdente
that It la In their best interest for the vacation to be approved
mince they hope to be good neighbors, but they ,lo not want to waive
any rights to object to any future development requeete that the
lopers may make. H,~ lndicat.d that th. reaid.nt, wluh to keep their
street am It ham been for the past 40 years, and based upon the mtipu-
lmtlonm that were agreed upon, the reetrlctio~{a will run with the
land and everyone wi 11 be w~l I aware that they are bo, md by thim
agreement.
Attorney Krlckson Informed that another concern of the
was that Lot 22 would be used by construction vehlclee to travel
OOit)S
Page 23
February 27, 1990
through the neighborhood, but they &re in agreement with the requested
vacation.
O~emlllion~r {aunders moved, seconded by Commissioner ~modnight
end carried unanimously, that the public hearing ~ closed.
~l~{o~r 8a~dire ~d, licond~ ~ Co~leelonir ~ight
~ c~rl~ ~l~ully, that Petition AV-eg-025 ~ mppr~d, with
~{t{on t~t this d~e not constitute ~ action that will ~et the
~J~t ~ ~ ~y, ~d that Resolution 90-116 ~ adopt~ nbJect to
itto~
February 27, 1990
OP.D~ ~0-19, ,tttS~DlltO ONDIMAJ~I 77-52, ~l~lOW FX~,
February 7, 19qO, as *vtd-nc.d by Affidavit of Publication filed with
the Clerk, public hearing wa9 opened to consider an ordinance emending
Collltr County Ordin~n*e No. 7~-52, Section Five, by providing for and
further defining the purpose of th~ Immokalee Lighting and
Bqautlficat ion District.
There were no speakers.
~lsti~tr Sa~d~rs ~.d, tic.did ~ C~istloutr O~lght
~ ~l~ ~i~sly. t~t the ~bll~ htarlng ~ ~loted.
~iaio~r 9a~ders ~, seconded ~ Co.lstlontr O~lght
~ c~i~ ~i~sly. that the Ordi~ct as n~r~ ~d titlg
~1~ ~ adopt~ ~d antered Into Ordinate ~k We.
ORDXN~C[ 90-19
AN ORDINANCE ANEND~NG COLLIER COUNTY ORDINANCE NO. ~-5~, SECTION
FIVE, BY PROVIDINO FOR AND FURTHER DEFINING THE PURPOSE OF THE
I~OEALEE LIGNTING AND BEAUTIFICATION DISTRICT; PROVIDINO FOR
CONFLICT AND SEVKRABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Xt~ ~4
~ ~X~, RR VACATION OF ~.5' ~ILI~ ~S~ ON ~ ~IOM OF LOT
1~ ~ L~ 50, ~ ~ 5*~ILI~ ~~ ON LOT5 11, 1~, 49 ~ 50,
~bruary 11, and 18. 1990. ~s evidenced by A~fldavlt si Publication
AV-89-31, filed by Thomas Strat. agent for owner, Robert
requemtln9 vacation of utility easements for the purpose of
constructing a new offlce/retmll co~ercltl center curre~{tly occupied
by thm Dutchmsm Motor Lodpe and Dutchmmm L~undrommt locmtmd
Taalaal Trail North, between Seth and ggth Avenue, Naples, Florida.
Transportation Services Admi~tlmtrmtor Archibald s~mted thmt the
pur~me of this vmcatlon 1~ for the rear yard and th,e side ~ard ~ttl-
OOilG
February 27. 1990
tlon p~rtalns to a 7.5* utility eaeeaent on the east side of Lots II
Ind 15, and a 5' utility easement on the north side of Lots 11 and 12,
II~d the south side of Lots 49 and 50 &e part of Block 65, U~lt ~. He
indicated that the appropriate Letters of No Objection have been
received with the following conditions:
1. FPL - The petitioner la requested to remain responsible for
the relocation of lines that currently exist.
2. UT9 - The petitioner ia requested to reimburse UT9 for the
costs of the existing facilities.
In answer to Commissioner Hesse. Mr. Archibald reported that the
0-3 zoning will remain Intact, and noted that the main reasnn for the
vacation Is to allow the property owner tn build across the lot lines.
hr. Thomas 9trat0 representing hr. Robert Fo~sy, resident and
owmmer of the Dutcbess Motor l,oduo advised that currently his client is
going through the SDP process to renovate the existing laundromat
facility, and tear down th~ existing motel and construct a new center.
He noted that the hotel in approximately 40-50 years old, and the
Intent ts to improve the quality of tbs site.
In answer to Commissioner Hesse, Mr. Archibald stated that this
~aclllty ls consistent with the current zoning.
County Attorney Cuyler advised that these ars not the types of
development orders that will allow an exemption or vested rights
the project.
C~mml.tonmr Volp~ moved, aeconde~ b~ Commissioner Sanders
~rl~ ~l~usly, that the ~b11¢ hearing ~
C~lssloner Vol~ ~ved. seconded by Co~lssloner 8~ders
c~1~ ~l~usly, that Petition AY-ag-031 ~ approved,
~ptl~ l~olutlon 90-113.
O0 ! { ?
Page
February 27, 1990
P~OLUTXON 90-118. PETITION AV-89-027, ~. ORADY MINOR, Ao~Tr FOR EOUT~
~ ~ CORPORATION RE VACATION OF A PORTION OF EASEMENT FOR PUBLIC
U~XLXTXI8 ON PALM COURT AWD TNN EASI~rINT FOR I~LXC UTILXTXI~ OF LOTS
1 lq[ROU~ 16 AWD THE NORTH 25' OF LOT 17 OF PAL~ RXVI~ IHOIt~S -
Legal notice having beet~ published In the Naples Daily New~ on
February 11, 1990, ae avidly{ced by Affidavit of Publication filed with
the Clerk, public halrino wa. opened to consider Petition AV-89-~
flied by Q. Grady Minor .m aUmnt fiat' South W,,ut Hot,~l Co~'poratlon
requesting vacation of drainage and utility easements in order to
construct · 94 unit motel facility.
Transportation Services Administrator Archibald Informe~ that the
subject petition is a request to vacate the utility ointments over
Palm Court which is located on the east .Ida of ;lorth U.9. 41, and
bounded on the north by the Cocohatchee River. H~ Indicated that the
area on Palm Drive was vacated In 1976, but m~de ~ub~ct to a utility
easement. H~ advised that th~ owners of record desire to c2ear the
easement from Palm Court,
Mr. Archibald stated that the petition addrem~es & portion o~ Palm
Court and the ~dJace~t lot~ as foliow~: over ~nd upon Lots 1 through
16, and the north twenty-five feet (25') of Lot 17, platted a~ Palm
RAver Shores.
Mr. Archibald advised that the appropriate L~tterm O~ No Objection
have been recmived with condltionm: the property owner has a~reed
to incur the cost of the relocation of the UTS line~; and the property
owner ham &greed to provide aq 8' service main for the subject pro-
dance with Country requlr~m.~ts, ~nd a{~y e~m.~tt, that are needed by
the Utilities Division In redev, lopm~nt of this propart¥ would b~
provided by the property owners.
Mr. Q. Orady Minor, representing the petitioner° stated that tht!
2" lane had served the Port O'Call Marina, ~nd tile peTitloi~er is pro-
posing a motel. Hn noted thdt the 8" lin. will be u~aed for the petl-
tioner'e water supply.
OO,I
Page
February 27, lggo
~leeloner Sh~n~h~n ~oved. eeconded by Co-,,leeloner Ooodnight
C~msionmr Sh~ ~d, mmcondmd ~ Coulmmlonmr
~ c~ri~ ~i~uo~y, to approve Petition AV-89-027, ~d
~lution O0-XX8 ~ mdopted.
P'~ge 28
00.1 .0
February 27, 1990
R.~OT~TIOR ~O-119, P~flTIOR ~C-90-1 FILED BY G~ORG~ N. ~~ ~
Fmbruary lt. 1990. a~ evlde~ced by Affidavit of Publication flied with
the Clerk, public hearing was opened to consider P~titlon NUC-90-1,
filed by George N. Shepard a~d Son, Inc., requesting approval for a
change of one non-conforalng use to another non-conforming use of the
s~e character, for property located at 1396 Pine Ridge Road, Naples,
Florida for the purpose of leasing one of the bays In the building,
Planning Services Manager Baglnskl explained that the applicant la
requesting approval to chang- m~e non-conforming use, ~ shutter busi-
ness to another non-conforml[~g use, an automobile window tinting busi-
ness on the subject property. Ho Informed that th~ site contains five
structures tha~ hous~ the following: a septic tank business; shutter
business; tack shop; coa~.rclal painting; glass shop; automobile
paint shop; lawn malntenanc-; and dry storage.
Mr. Baglnski stated that Section 6.6 of th~ Zoning Ordinance pro-
rides that upon approval by the Board of Zoning Appeals, and with the
restriction that no structural changes be made to the building itself,
any non-conforming use may b~ changed to another non-conforalng use
under certain conditions. He indicated that there would be no addi-
tional lapacts to the surrou~dtng community or adjacent properties.
Mr. Baglnskl Informed the' the applicant la requesting that the
shutter business be allowed to be converted tt~ a ~tndow tinting buml-
mpproxlmmtely 4-5 customers per d~y ~111 u~. thtm facility, by
mp~lntment only. and the bual~emm ~111 be manned by spproximately the
m~e numar of employees as the existing shutter bumlr~esm,
sting shutter bual[~es~, a~d re(:cmme~ds thnt the req'demted chmnge In
Febru&ry 27. 1990
non-conforming use be &pp~oved.
Th~e ~e~e no spe&ke~a,
Cemml~ioner Volpe ~ov~d. ~econded by Co~l~eloner ~lght ~
c~rl~ ~l~ly, t~t the ~bllc hearing ~ clo~.
c~rl~ ~l~lly, ~hat the one non-conforalng uel ~ ~ to
~t~r ~-confo~ng use to all~ for the auto. bile t~nt~ ~l-
~, ~ t~t Re~lut~on 90-119 ~ adopted.
O0.t
P~? ~0
February 27, 1990
It~OLUTXOW 90-120, RI PETXTIOR v-ag-lg, RXCIIARD f. DURLXN~ RKQO~TXI~
A 2.~ FOOT VARX&~CK ~ ~g RKQUIR~D SIDleD SK~CK OF 7,5 ~ ~
5.2 ~ ~R PROPKR~ L~ATKD AT 6011 GRIKN BL~., GOLDEN ~TK KBTA~
Legal notice having been published in the Naples Daily News on
February I1, 1990, as evidenced by Affidavit of Publication flied with
the Clerk, public hearing was opened to consider Petition V-89-19.
flied by Clarence and Janice King, represented by Richard Purling,
Marvin Development Corporation, r'equesting a 2.3 foot variance from
the required side yard setback of ?.5 fe.t to 5.2 feet for property
located at 6011 Green Boulevard, Golden Gate Estates. Collier County,
Florida.
Planner Milk advised that tile petitioner Is r,tqusstlng a 1,3 foot
variance from the required side yard setback of 7.5 feet tO 5.2 felt
along the eastern sideyard in order to allow s new single family resi-
dence to remain at Its present location, He stated that the subject
property Is zon-d "£" £.tat,.s and allows a single-family residence as
I p. ermltted principal use, He disclosed that the property Is an
Interior lot. rectangular [n shape. 75 feet x 660 feet, therefore It
has two side yards, one rear yard and one front yard {Green Blvd.),
Mr. Milk reported that this variance petition Is an after-the-fact
request because Marvin D.velopment Corporation has constructed the
single family residence Into the eastern side yard setback, located
5.l feet from the eastern side yard property line,
Mr. Milk stated that In revieain9 this petition based upon tile
criteria contained tn Section ti.1 b.4 of the Zoning Ordinance, the
Planning Staff found that granting this variance will not be Irt
mony with the general Ir%tent and purpose of the Zoning Ordinance, and
therefore, recommends denial,
Mr. Milk Indicated that th. Collier County Plannlntr Commission
held their public hearing em February 15, 1990, a~%d forwarded this
petition to th. Bo~rd of Zt,.I-U Appeals with a recommendation of
denial In that the motion w~ fei' appt'oval but did not carry a~s the
( 0131
February 27, 1990
vote was 3/3.
In answer to Commissioner Volpe, Mr. Milk explained that a opot
survey was never submitted, He Indicated that at this point in time,
the Building Department was transferring Information into the upgraded
the applicant provided hl~ own survey and found th..rror himself, and
thmreform, as an a[ter-the-(act request, he approached Staff and
requested that h~ be allow, d to through the slier-thc-fact variance
r~quem t.
Commissioner Saunders stated that It Is difficult to tell · pro-
the contractors or aurveyorn are making these mistakes, and the
Co~immion approves these variances, or In the alternative, requires
that the property owner mgr. him hou.e and he can then ~lle muir
against the contractor, surveyor, or possibly the County. He
suggested that an ordinance b~ d-ycleped which Indicates that 1~ a
contractor or surveyor falls to provide an accurate survey, mhowln0
the letbacka, that contractor or surveyor will appear be:ore the
Contractors' Licensing Board, And that actlnn will be taken against
building site, the sldeyard 9etbacks showed a.6'un each aide, and the
mistake occurred later on.
M~. Richard Durling, Vice Pre. ident of Marvln Development, stated
that he la requesting approva% of the sldeyard setback variance due to
the accidental encroachment Into the setback. Ho Indicated that the
that time, th~ variance w~a [llad. He m~ted it)at the property la
heavily covered with palmettom, and it wam dl[[lcult to find property
corners which renulted In f lading the lmprop.r mntback~. {Is
Informed that at no tim~ did the County r~quemt a survey, nor did they
and other prop~rt[.9 o~) Or.em Bo'Jlev.rd, and noted that th~ front yard
~etback~ do v~:,, ,', ;- t~, t:~., d,,i, th of the propertl.,~, and the home~
O01 D2
P~ge 32
February 27. 1990
are not built side by side.
There ~re no other speakers.
Oo~miealoner ~am~dere ~ov~d, seconded by Co. laminar Vol~ ~
~rl~ ~l~al~, t~t the pvblAc hearing ~ cloak.
~velopmen~ Servlce~ Dlz'~ctor Pettrow atlvl~d that ~pproxlm~tely
1-1/2 years ago, th~ Commission approved an amendment to the Zoning
Ordinance which allowed administrative approval~ :or setbacks of Ieee
than a certain amount, and subsequent to that, :here have bean fewer
violations. He disclosed thRt ~t that time, diacu~eione were held
a~ut bringing violators befor~ the Contrnctore' Licensing Board,
advised that changes to the building code will be press,ired to the
Co.lesion ~lthln the n~xt f~ ~,..ka, which addrc'~a foundations, eur-
veye. and the 21 day notice being changed to ~ 10 day turn around
lanctlon, relatlr~g to Contractor~' I.l(:enalng,
In answer to Coaalnsioner Haaan, Mr. Pettrow indicated that
currently there la a 21 day ~urvey notice, and It has been aentloned
that thl~ la too long of a per[od since stakes can be lost, and too
=uch vertical construction can occur. He stated that Stair la
reco~endlng a 10-day turn around time.
~~l~er Sa~ere ~d. ~econd~ ~ Coalseloner ~lght
~ ~l~ ~t~usly, that that Petition V-89-19 ~ approX. ~d
t~t ~latloa 90-120 ~ approve.
~~l~er Sanders ~e~, seconded ~ Co~laeloner Vol~ ~
c~l~ ~l~uely, t~t the Cowry Attorney ~ dltect~ to ln~eti-
~te ~ ~wrt ~ck to the Co~leelon, the ~eelblllty of bringing
coatractote or eu~yote ~ho have not provided an acetate
~1~ ~eeeitatee a variance, ~fore the Contractors' Licensing
~ t~ mia m~ctlonm that ~y ~ lm~sed.
February 27, 1990
lt~30~XOII ~0-121, P~TXTXOI~ P~-SG-20, ~Y N. EXL~ ~ P.J.
DI~I~ ~R ~IC~ G~D~ A~ BIRD AVI~T ~R ~OP~ L~D
Planner Milk reported that th. petitioner In l~ropoalng to obtain
provisional uae that would allow the construction and opera~lon
botanical garden and bird aviary. He rioted that th~ petitioner
desires to construct a ~alkway throughout the entire sits, exhibiting
birds along the ~ny ,lth access to ~ central picnic and rest area, and
also plans to construct a small ~elcome center with public rest rooms.
~e affflrmed that eventually, the petitioner may choose to locate
Hr. Hllk stated that th,' Collier County Planning Commission held
their public henrlng on February 15, lggo, and for~mrded the
petition to the Board of Zoning Appeals with a unanimous reco~en-
da~lon of approval, sub~ect to ~he stipulations as contained In the
Agreeaent Sheet. H~ noted that Staff has no objection to this
request and there are no co~fllcts with the Growth Hanageeent Plan;
therefore. Staff recommends approval.
Co~lssloner Volpe noted that the Staff Report Indicates that the
access road Is unimproved and is located along the northern boundary
of the site with direct access to Corkscre~ Sanctuary Road: and 2nd
Avenue North Is a sandy llmerock road and provides the only access
the site, and pedestrians may [Lsd this to be Inconvenient and
possibly unsafe to use.
this concern as follows:
access road to th~ slt-.
Mr. ~llk advised that Stipulation 6 addresses
"Petitioner shall provide a 24 foot llmerock
vehicular trips per day. the L,-titloner shall brlf~g the road up to
County standards (i.e. 24 foot paved roadway with a minimum 60
feet right-of-way for curb and gutter)."
Mr. Ray Ellern, Pet it iott. r, stated that tills 1, ri'at proposeO to be
I cooerclal endeavor. He noted that there will b~ ~to flashing neon
00137
~ebruar¥ ~7o 1990
Com~leeloner Has~e noted that the Corkecrew Sanctuary la & natural
sram open to the public to walk through a quiet area, and the propoeed
lite with the amenities of a welcome center may create an atmosphere
o: I commercial operation.
Mm. P.J. Noe, Petitioner, replied that she will forego the welcome
center if there appears to be a problem with mama. She crated that
aha and Hr. ltlere will comply with all stipulations aa indicated in
Comm~ootoner (Joodnight moved, eeconded by Comioel~ SeVere,
~ti~ b~lution 00-~21.
OOi 3S
February 2?. 1990
KI~OLUTXON 90-122. RI PrflTION PU-89-17, 30R~ L~,~ Or HOL~, NOIgI~I
~SlO~ USE "B" OF ~[ I~USTRI~ DIS~X~ ~R A ~VAQI
aa ~O 3-~/2 ~Z~aS UST O~ ca-os~ o. T~Z ~oa~ szos of u.s.
Planner Lord advised that thl~ it.m r-late~ to . request for
Provisional Use "B" for a 4.9 acre auto nalvaue yard. He noted that
the parcel Is approximately 328 f~et wid~ and ~56 deep, ~nd th~ site
.111 b~ enclosed by an 8 foot opaque [enc~ ~nd serviced by ~ ~0 foot
common easement to the east which connects to U.S. 41, Xe Indicated
that the project ha. a parkln0 mrna for tS car~, an office/management
building and a crusher pad; and th~ aur/ace used for auto etorage
~ conatructed of gravel.
Hr. Lord reported that th,~ subject alta In currently undeveloped
and zoned "l" lnduatrlal: to the north, south and eaBt are zoned "I"
Industrial and currently vacant oxcept tot the Krehllng Concrete Plant
to the south: and the west ia undeveloped with an "A-2" agricultural
Mr. Lord stated that the current zoning of the property
Indulttlal and la consistent ~ith the ruture Land Use Map, therefore,
thll request la deemed to be consistent with th. Growth Managem~nt
Plan. He Indicated that Staff has concluded that the provisional uae
would not have a detrimental effect on neighboring properties that
advised that Staff la recommet~dln~ approval of this p(~tltlon, eubJect
to all stipulations ~ contained In the Start Report and the Agreement
Sheet.
Nt. ~ord noted that the Collier County Platmlng Commission held
their public hearing on February I, 1990. and forwarded thll pet/riot.
to the BCC with a recommendation of approval, eubject to Itaff'l
pulatlons. He ~fflrmed that there were no epeakern either for or
against the petition, and no correspondence has been received.
Co~lmsloner Volpe stated that this alta will co.fain a Junk yard
and noted that with rng~z'd to et~vlronmental lsauaa, there la a start-
Pag', ~6
February 27, 1990
dsrd septic system that will be used to dispose of efflusnt, and the
septic tank will be periodically pumped to dispose of accumulated
sludge. He further noted that th~ p~tltlonsr 1~ rpq~ir~d to submit
tbs County, a plan for the proper disposal end monitorlno of con-
taminants. He questioned what typs o[ a~tlvItiem will bs takin~ placs
at this location7
Mr. John Lms, of Hol~, Montes ~ Associates, Inc., rsprss~ntlno
the petitioners, stated that a Junk yard Is not proposed for this
elis. He noted that ~uto. will tie ntorod on the att. for cruehing,
and u~ed In recycling. He ~dvi~ed that this Involves a crusher which
throughout the state In other s~lva~ yards, He {nform.d that whln
th~ ~utos are crushed, there Is no l.ak~g~ stirro~lndi~lU th~ crulh~r
· lnc. It is all self-cont{l~ed and ~o.~ into a holdl~9 tank on
crusher that ie ther~ removed arid th~ contaminants are removed by a
serrate procesm. He stated that the request Is for a storage yard
for ~alvage vehicles, and the .bllity to use a crusher on site and
th~n reaove s~me off site.
Mr. Lee stated that in the past. the trebling Concrete Plant
this mite ~or disposing and rinsing out cement trucks, and mm
r~mult, the entire are~ Is concrete remnants, resulting In a
.tland fill vlolatlo[{, He lt{dicated that steps hav~ bmmn t~k~n to
satisfy environmental concerns, a~d DER and Corps approvals ne~d to b~
obtained.
the ~lte7 Mr. [.e. responded that th-re i~ only one ~eptlc on
with two re~troom~ for th-
~ ~1~ 4/1 (~l~ion~r VolW o~p~ed) that ~tltl~
~ I~, ~ tMt Reoolutlon 90-1{2 ~ ~optld, n~Jlct to
Pa~e 37
00,t 50
February 27, lggo
mst of Airport-Pulling Road, listing that the. provisional usa gave
the developer permission to construct 20 two-family dwelling units.
He noted that Staff still concurs that this decision a year ago was
appropriate and he is recommending approval of the ren,,wnl o~ the pro-
visional use,
Co.~leeioner 0oodntght ~ov~d, seconded by Co,leeloner ~hAnAh~n
~nd c~rrl~d ~l~usly, that Re~olutlon 90-123 re P~tltion ~-88-23C,
~th~ J. Plres, Jr. of ~dward i ~rd, F.A., representing
htte~~s, Inc., r~estlng extension of provlslo~l use 'g" of
t~ ~F-4 District ~ adopted.
In answer to Commls~tlon.r Volpo, Mr. Plrea stated that a settle-
ment status la now being n.ared which will allow the project to con-
tinue, adding that this IN the reason for the extension.
Page 38
~¢
001 ,)3
February 27. 1990
CL~-UP ~T ~ ~
Mr. Bud Kornse. representing the Goodland Civic Association.
stated that he Is asking for the lal~dfIll fees to be waived for March
2 and March 3. 1990, for Goodland's Semiannual Clean-up day.
provide Ooodland with dump~ter~ ,nd hauler,, tn which Mr. Kornse
stated that he needed approval from the Board b. fore he contacted
~.l~r O~lght ~d, seconded ~ C~lssl~r {~
~ c~i~ ~l~usly. that th~ l~dflll fees ~ w~l~d for
~l~'s 8~ml~l Cle~n-up ~y on ~rch 2 and ~rch 3. 19{0.
BID ~1~1801 ~R CO~U~ION CO~ DR ~1 D~-~INO
~ ~ C.R. 981 ~ 23RD A~ S.M. TO ~LD~ ~ ~. -
December 17. and December 31. 1989. as evidenced by Affidavit of
~bllcatlon flied with the Clerk. bids were recelv,d until 2:30 P.M..
3anuary 26. 1990. for Bid e~9-1508 for the four-laming Improvements of
C.R. 951 from 23rd Avenue S.W. to Golden Gate Boulevard.
Transportation Services Administrator Archibald stated that this
la the conclusion of recelvtn9 bids on road widening of C.R. 951.
noting that the distance of th, project ts approximately 4 miles and
what Is proposed under the co ~tr.~ct la to relocate the existing c~nal
and reconstruct the ex[ails9 two l,n.a Into a four-lane facility to
February 7. 1990. and seven contractors submitted proposals for m b~ime
bid ~d a merles of opt!3ns which are Included In the executive ~um-
mary. He noted that the important options Involve the cottelderetlon
of using pre-cast concrete culv.rts at some of the ~aJo~ lnte~rsectlonm
Page
O0 IG:
February 27. 1390
with the idea of saving tim~ and milestone dates to attempt to get the
~rk on Oolden Oats Boulevard completed prior to the opening o~ school
In Iggo, Ha stated that ther~ w~n Also an option providing ~or tbs
noted that Staff outlined 3 bids that wer~ .ubmltted by Better Ro~ds,
APAC of Florida and Wentwtnd~, noting that Staff la recommending that
they take advantage of the babe bid, the low bid ~or a
culvert, the milestones, ~nd the cnn~l excavation with the
option. He stated that the low bid under thin scenario end other ace-
narJom tm tot a local ttra which ta Better Road., inc., noting that
their low bid la $4,870,821,11 which In Staff*s recommendation,
stated that with reg~r(t~ to tho blasting optlo~, ther~ 1~ a concern
over the southern end of th,. l,t'-J-ct b~caus, th. ~sloc~tlon of the
canal Involves placing tho c~nal closer to 30th Avenu~ S.N. and the
t~ water lines that exist ~hich serves th~ City of Naples and Collier
County. He Indicated that h. ~ould like to proceed under the blasting
option, noting that through some ~erlous controls and monitoring,
can blast and assure that there ~lll be no damage to the adjacent
~ater lines. He stated that during the construction phase If they run
Into a problem, Staff feels that It ~ould be prudent to tie up the
appropriate construction costs If that segment of the project
~lthout blasting. Ho stat.d that as part of the agenda packet, there
la the base contract with the blasting option, and also there
supplemental agreement that need~ to be approved ~hlch tlem do~ the
coat to excavate the canal ~l.hout blasting should that be necessary.
He stated that at thls point Staff doss not feel that this
appropriate price for that work If It ban to bo performed. No lndt..
~roa $2.50 per yard to 55. lO pe~ y~rd. ~e stated that In addition to
awarding the contract to the 1o~ bidder, he la suggesting that the
this ~rk to be done without blasting It necessary. He Indicated that
00t63
Page 40
with regards to Westwinds0 he has not received any kind of forme! pro-
teat. He stated that repreeentatlves of ~eatwtnda has called the
County Purchasing Department Andicati~g that they have concerns.
stated that from Staff's prospective there are not grounds for a pro-
teat. He stated thst he 1~ recommending that this contract be awarded
to Better Roads. Inc. baaed on the low bid and the pricing that has
been outlined.
Commissioner Yelps que~tioned the penalty for the milestones, to
which Transportatlm~ Serv[c,a Administrator Archibald mt&ted that
ia $500 per day for the culvert cro~sing and the penalty for the
milestone for the road Improvements [n 450 days is $1500 per day.
Ma. Linde Bankson. representing Westwind Cont['acting0 Inc., stated
that Westwind would like the aoard to stay the award of this bid to
Better Roads. Inc. as they intend to protest. She stated that they
~ere the low base bid on thi~ project and they were the low bidder on
ali options with the exception of one option.
County Hanager Dorril] stated that the County has a bid protest
policy and in this case. it tiaa not been followed. He stated that
they ere asking to give Westwind an after-the-fact bid protest oppor-
tunity, noting that his advice is to deny the request and go with the
lowest total combined bid which i~ An the best interest o$ Collier
County and award this in compliance with St&it's recommendations.
~/em/oner Sh&nmh~n moved, e~onded by Coma~Aeeloner Oood~Aght
and carried 4/0, (Co~immAoner Sa~derm out), that BAd Pag-150~ ~
~ to ktter Romdm, Inc. for the four-~Ang A~r~Mnta to C.~.
95~ f~ 33rd A~nue 9.~. to Oolden Oats ~vlevard ~d deny the
~t ~ ~etwAnd.
~~ S~ ~XD ~ BID ~0. 09-1470, ~ C~ZX~ O~ C.~.
Trmnm~rtatlon Services Admtnl,~trmtor Archibald misted thm~ this
la a request to ask the Board to ~mlve the Surety Bonl requirement
under Bid 89-1478 end allow the low bidder thm~ has '~een awarded
(l{j I ~I
~age ¢ 1
· ebruar¥ 2?° 1990
contract to proceed based ul)or~ mubm[tttng a camh bond In lieu of the
surety bond. He stated that th, co~tractor i~ a local contractor and
camh bond to cover the land clearing ~ctJvltiea to be done. ~e noted
that there Is very little -xpo~ure to Collier Cnunty and Staff la
~ecommendlng that the Surety Bored requirement be w~lv~d and accept a
caah bond In lieu of the ~urety bond be accepted.
Coa~eeloner Volpe moved, aeconded by Co~mleeloner aoodnlght ~nd
c~t-rl~ &/O, (Co~laaloner Saundera out), that the Cash ~nd In the
~t of 839,730 In lieu of a ~ent ~d ~rfor~ce .uret~ ~ for
Bid ~o. 8~1478 fo~ [~d c~ear~ng of C.R. 951 right-of-way ~
Pag~ 42
COI~[Y~ Of ~UZ~IM DEZD ~R RI~-O~-~Y ON V~ILT
Transportation Service~ Administrator Aruhib~ld ~t~ted that thl~
item Involves ~ quitclaim d~d that lnvolvem a right-of-way on
Vanderbil~ Drive that Is part of ~ development commitm~n~ o~ the Arbor
Trace PUD. H~ stated that the d~v~loper agreed to don~te 25 feet of
right-of-way along their frontage, addln9 that th. total right-of-way
la approximately 3.9 acre.. }1- indicated that Staff la recommending
that the deed be approved at~d that Staff be authorized to r~cord the
~alar S~ ed, m~on~ ~ Coei~elar
~ ~1~ 4/0, (Cm~eoloner ~a~dere ~t), t~t the c~~ce o~
~itcJaim ~ for right-of-way on V~derbi~ ~1~ ~~t to ~
{~t ~tmnts ~d.~- Ord2n~ce 89-91, Ar~ Trece ~ ~
0() ! G?
Februar~ 27,
~XOI JO-124 KXIC'IZTZNO A ~OX~ P~TXCXPATXON AO~ ~
Trannport~tiot~ S~rvlc~ Administrator Archlt)~ld nta~ed that ~hln
~o the DOT for possible grant fund~ for the {mmokalee Airport,
ltmted that this Is for the possibility of receiving a matching
for approximately $100,O00 for . fu~l farm and a furling spiritism
the Iuokmlee Airport. H. ntat.d that based upon prior direction from
the Board, Staff Is recomm.ndlng that thin agreement be approved with
the caviar that if ~ third partV I).com. Nnv. llnbl~ to provide the
~tchlng funds th.n th~ Co~ty wo~ld Ilk. to t.k. advantage of thin
grant application.
Coulmmlon~r Volpe indic.ted that he does ~{ot find Zhil caviar
the Agreement, to which ~'ransportatlon Services Administrator
Archibald stated that It 1~ not In the eOt.smear b-cause thl8 la an
application for a grant arid if the grant is approved, the County
cannot draw down that money without Board action.
~ililonir Vol~ ~ved, ilcondt4 ~ Couleelonir O~lght
c~i~ 4/0, (C~leeloner Sanders o~t), that Resolution ~0-~24
ntt~ I Jol~t ~uticl~tlon lgrtient .lth thl tlori~ k~nt of
~~rtitl~ for the ~ee of comet.cilag a tull t~ it t~
I~N ii--ri ~ adopted.
Page 44
00,! T 1
February 27. 1990
R~.~OLUTXON ~(}-125 ~l~O A JOl~ P~TXCXPATION ~O~~ ~l~ ~
~l~ ~~ 0r ~~RTATIO~ ~R ~l ~91 0r
~ AXR~ P~I~ A~ON ~ TK~XNAL P~X~ ~ AT ~
Cmlooi~er Vo~ ~ved, seconded ~ Coulooloner O~ght ~d
c~i~ 4/0, (ConioO:One~ Sa~dero ovt), that Resolution g~l~ e~
~ · Joint Per, IcOn,Ion AgF~Mnt W~h ~he F~oFlda ~tMn~ of
~~rtation for the ~F~oe of cono~ctlng ~ nArc?irt ~kLng
00.188
February 27, 1990
· 't'A~l' AI;~'IO~X~ TO BXD THE COWKLXM POXMT ~~ AT ~ ~
~bllc Service8 Administrator O'Donne]] 9tat~d that F.D.I,C cmn-
the appraisals on th. Bluebili site which i. th. property th. County
o~s, adding that the reasons for the updates of the a;prm~mmlm were
that are driving up wsterfront propertle. In the immediate area. He
stated that he Is askin~ fo~ -tlthor~zAt~O~ to bid on the Conkl~n Point
mite.
In anser to Commissioner Volpe, Public S.rvlcea Administrator
O'~nnell stated that the appraisals for the Conklln Point property
~re also updated, noting that they have increased somewha~ relative
to Its original appraisal,
Oo~lmsloner Volpo stated that he understands that the Conklln
Point property la the preferred location for the boat ramp, bu~ the
appraisals have Increased 50% in less than two months. He stated
tha~ he Is desirous of the County acqulrln9 this site, but he ham
reservations about blddln9 at Ihs new appraised value. He stated that
he does not have any problem In dlrectln9 Staff to 9o to the foreclo-
sure male and bid at 10% ~,r 20% ~bov.. th,~ pr-vlous al, pratsal, but he
dome have a problem with blddln9 mt m~re than that. He misted that he
understands that th. Cc, unty property; th~ Blu.blll site, may have
~come more valuable, but th. property that th~ County In trying to
mc~lre, the Conklln Point site, has not bect~me m-re valuable by
He stated that he feels that ~h. County ~hould bid co~petltlvel,t but
should not pay more for thl~ property than whac la required.
hbllc Services Administrator O'Donnell mtat,~d that the
that tho County wants to ubs ~h~ Blueblll site a~ a guide 1~
Page 4 6
0i}204
February 27. 1990
If the Conklln Point property was acquired, then the Blueblll site
~ould be disposed of es It would no longer be needed for a moat
llty. lie Indicated that whatever the County paid for the Conklln pro-
perry would be a good indication of what the Blueblll site could be
lold [or. He stated that h~ fpels that th~ Bluebill property could be
sold for the updated apprnlanl
Nra. Charlotte ~estman. ape~klng for ~mIly Magglo. questioned what
could be done ~lth the property If It were sold. to which
O~ell stated that the permitted zoning fo~ that property la single
Co~lssloner Volpe questioned If the Board ~111 be able to
of the pro~r~y as they see fit or ~111 a reverter clause prevent
fro~ freely earketlng the proporty, to ~hlch County Attorney Cuyler
stated that he has checked this out and the Board can freely market
this proof ry.
~1~ 4/0. (Co~ls$1oner Saunders out). that Staff ~ authorlx~ to
blt ~ t~ Co, lin pro~rty at ~ ~t not to exceet la~ o~ the
hl~r ~~r. 1989. appraised value of the pro~rty.
Utilities Administrator Arnold stated that this Is a recommen-
dation for approval or Amendm¢.~t No. I to tho Agreement for
Professional Engineering ~ervlces for the East ~nd South Naples
wis originally entered into on October 6, 1987 which was a standard
pursuit process, Prat)aris9 ~sesament rolls, and developing th~ metho-
dology asr the assessments dssoclnted ~ith thin project, ~e lndlc~k~d
to nose previous denton ~ork theft had been don. 1~, the old So'~th Halt
ooeo5
February 27, 1990
&rea "B" which is no~ encompassed by this particular project.
orated that the Agreeuent did Include ~ pre~lu~ for ~ccel~ting the
design In reg~rd~ to th~ tight t tm~ frnm~ of tho lo~n ~nd grant pro-
In 1987, it ~am e~tlmated that th~ total fee~ ~ould b~ approximately
$2.8 million b~ed on the b.st available projection. He reported that
the funding euthoriz~tlon to date Is $1,7 million. He stated that
under the terms of this curr~,nt agreement, It ~ould represent a
rial for the engineering firm to realize m wlndfmll becmua~ the bids
~re higher than ~hat ~am e~tlmat~d, ~ddlng thmt In recognition of
this, Staff renegotl~ted thl~ p~rticular pert of the contrmct ~lth the
· nglneers. He stated that despite this, there 1~ ~n ov-r~ll
In the design cost associated ~lth the project ~hlch 1~ due primarily
to design changes that have had to be made over the last several years
~hlch were necessitated hy th~ state approval process. Me tndlcmted
that this agreement mlso addree~es the need to restructure the
construction related portion of the egreement because federml funds
have been garnered ~nd thor~fore, the required gPA criteria needs to
be incorporated. He indicated that ~urther costs aasocl~ted ~lth
construction supervision have been Increased over tho~e emtlmated
1987 due to the now recognized ne~d to provide ~ddltlonal personnel to
monitor the ant lc lpated number of actuml cnnmtruct ion crews ~orklng
concurrently. He lndic~ted that the net re~ultm from the original
eatl~te la an Increase from ~,~ millio~ t~ $3.3 million, which
repreaenta approximately 13X of th~ t~t~l construction coat of $25
million. H~ ~tated that ~t~t~t t:~m~ld~rm thl~ r~aeonable ~nd con-
mlotent with ~lmil~rly v~lu~d proJect~ In th~ p~at. He stated that he
11 ~oqueltlng ~pprov~l of ~m~n(Im~nt no, I to tho ~g~olment~
of the companion funding authorization for a not-to-ox~eed ~mou~:~ o~
~3,3~5,000; and approval of the nec~,~ry budget ~=~ndm~nt g~'Jm
contingency re~erve~ ~hlch ~lll b.J recovered through the
~o~t~.
FsbFu~-y 2?, 1990
u2~d C&TFled 4/0. (ComRlsslonsr $&undsrs out). that &mendmmnt lo. ! to
th~ ~nt for professional snglne~ring 8sz-vlcss for East und 8o~th
P&gs 49
February 27. 1990
ltmm ~1~
RJ~OLU~XOM g0-132 & ~ 90-3 AN~DINO ~ CONSTRUCTI0N CO~~
~ ~ ~ ~O~ NAPLES SANIT~T S~R COLLE~ION S~T~ P~OJE~ -
Legal not ~c~ h~ving b~..,~ publl~0~.d ~n th. N~pl~ D~I~ Ne~ on
Auger 20, 1989, Au evidenced by A~gld~v[t of PubXlcat~o~ filed N/th
Sewe~ Collection System project un~ll 2:30 P.M., Septembe~ 21, ~989.
U~litles Admlnlstrnt(,r Arnc)ld stated that thl~ In the glna~ ~wmrd
for tour construction contracts for Rast and South Naples Sanitary
$e~r Collection System project. He stated that on January 2, 2990,
tentmt2ve award of the four contracts was made which was necessary
order to formally convey th. bid documents and the Iow bid
to the State and EPA for %h,~lr review and approval, He noted that
thls has been done and the County has be.n authorized to proceed wlth
the final award of the con. tructlon contracts. He etat.d that this
represents four of the try. contracts that are needed. He stated that
negotiated reduc~ion~ In the total cost of construction amounts
$1,I~2,000, Rdd~ng that thi~ will reduce the total construction
dollars to $25.2 mllllotl. He stated that the funding sources are the
EPA grant '~hich ,ire. tn excess of $5 million and the loan of $11.1
million will leave an unfunded balanc, for constructlom only, of
approximately $9 million which Is what the line of credit will be
obligated for, plus the engineering fees, land acqulsltloR, and
COmte associated with the pro~ectm. He noted tha~ the County
time of the tentative .ward, but will look nt them ,~r~or to tho
dmtlon la that the Board take fina~ award actir, n for conettvctlon
contract ti to Douglas M. Hlggln,,, lac. tn the amount of
contract a2 to Ouy~att Conetruc*.~on In the aeount of
~d contract a4 to Douglas M. Al,jOins. Inc. tn thz ~mount of
Page 50
February 27° 1990
$1.016.550 for a total amount of $25,560,019. He stated that the
recouendatlon la also to authorize him to execute the reduction in
contract coat that hae been aecured from the contractora In regerde to
the change order which will in turn, reduce the amount by $10111,131
and to authorize the funding sourcea am outlined In the fiaca! impact
eectton of the executive ~ummary.
County Attorney Cuyler ~tated that the approval la eubJect to hie
final review.
Omaad~l~ner ~oodnight ~ov~d. eeconded by CoaaAseloner
~ ~ri~ 4/0. (Co~taetoner Saundere ovt). that ~eeo[utton
~ ~ ~-3 a~rding the contracta ~d approvtng the 8taff ~co~n-
~ti~ ~ i~tcat~ a~ ~ adopted.
February 27, I990
&aR~l~f #ITll JOE FIXEL, P.A., ~R LIOAL O~VIClS ASS~IAT~
Utilities Administrator Arnold ~t~t~tl that this 1~ ~ r~que.t for
·nd easements for the South County Regional ~ast~t~r Facilities,
Phase I project. He stated that In Hay, 1988 the 8o~rd entered Into
contract ~ith Joe Fixel in Tallahaasoe for combination case prepara-
tion, filing, order of taking hearing services, etc. r~lated to th~
~ster pump ~t~tlon sites that h~d to be condemnsd for that project.
He noted that these sites h~v~ be~n ~cqulred but thl~ do~ not
conclude th~ court action, ~otl~g that the~ p~opl~ ~re
~lth their settlements, and ~r. Flxel's sot'vlc~s ar~ further n~d~d to
c~rry the County through thl~ stag~ ~nd possible preparation for Jury
trl~l. R~ noted that It la estlmatpd that th~-e Is an ~ddltlon~l
$40,000 needed to complste thin effort ~hlch ~111 bring th~ total
expendltur~ to $55,000 for lsgal
County Attorney Cuyle~ stated that this Is on ~ p~r hour b~sls
Hr. Flxel ~111 have to provld~ his offlc~ ~lth the required documen-
tation.
1~1 ~Nlm ~s~l~ted with conde~tlon of sltee/e~te for
~ ~W ~1o~1 ~astmt~r f~cllltl~e, [~e~ ~ project
00 '25
Page ~2
February 27. 1990
Utilities Admi~llntrntor Arnold at.ted that that thin nnother
agreement w~th Mr, Fixel related to the En.t and South Naplee Sewer
3yetea project. He noted that there were over 500 e~aeaente involved
in thle purcha~, n~d there are Jur~ trl.ln that ~lll be torthcoaing.
He noted that thio agreenent wall be tot ~n ~ddltionil not to excee~
~7~,000. He crated that thin cnnt In recoverable thro~lgh the
nseessnent project.
~ ~J~ 4/0, (Co~LaeJoner Sa~dere out), that the a~ee~nt for
1~1 N~$c~ mm~cAmted w/th the conde~mtAon of emmm~ntm for t~
ht ~ ~th Mmplem $~itm~ SMr ~tem Project ~ m~~.
'00228
FOR Iq~X)XCAL L~JLHXW S~RYXC~ fOR ffX~CAL %~Mt lgag-=go -
County Nanager Dorrlll ~tated that this 1~ fer the approval of the
annual medlc&l examlner'~ c()ntract ~hlch la for $3~4,0000 noting that
$115,000 of this amount comea froa tbs 8tats In Alt of the ~edlcal
L~aalner.
Ken Plneau, Emergency Management Department, stated that when the
axecutlve sunnar¥ w&s prepared, a tent&tire budget of $354,000 was
used, but the accurate f~gure Js $34~,250.
Ckm~Lt~oaer Ooodn~ght moved, seconded by ComB~ee~oner Sh~u~AhAn
~lnl hlner Se~lceo for Flocetl Year 1989-00 ~ a~r~,
Pag. 00 3!
February 27, 1990
BI~glET ~ 99-116: 90-116: Al~ 90-119 - ADOFTED
Cmmmlmmloumr Ooodnlght ~d, seconded by Comatleelo~mr Volpe ~d
c~rrA~d 4/0, (Commissioner Sounders out), that Budgwt A~en~nte
90-116~ ~0-111; and 90-119 t~ adopted.
mom
carried 4/0 (Comal#loner Sa~-tdere not present), that the £ollo~lng
lt~me ~ the con~nt agenda be apprommd and or &doptedt
Item e14&l
F~W~rr,~ACCEFTARCE OF TRE.PZLICAN B&Y UNIT 8IX
See P~ge _,.~' ~-- ./~, / ....
&&~X~&~TXOM Or LX~M AGAINST PROP~q'r~ FOR lq~L~BILXTATXOM
~ ltO~Xll~Oil - LOT ~6, BLOC~ 6, Pt&XMLXM~ I~BDXVXgXOM,
lte~ ~14A6
ltI~OLUTXOJ~ 90-127 FRELIMIMARY ACC~i~,'ARCT.
M&l13t J~D SEWer X]~'ROVE)~ FOR
rmut~s~ it XX~_.~&~" - w!..,.g_[T~O.%-r..Ay,/gl{~-
Accept tho Irrevo¢.~bZe 5water of Credit ai security Enr n~ln-
tenance st' the ir.t'r~'~cructttro u;~tll tho Board o~ County
Authorize the Chairman to execute the Resolution{ authorizing
pr~'l lalnary acceptance.
Preliminary acceptance of improvements wll'~ not becone effec-
tive until water and sewer facilities have been approved by
the Collier County Water-Sewer District.
4
00239
Zebz'~r~ ~7 0 2ggO
~XOM 00-128 PRILXNXNAWT ACCLDTJiJ~K OF THE ROADMAY° DRAXRAGIo
Accept the lrrevoc.bl,. /,.tt~,r of Credit as security for
tenance of the l,~{rastructure until the Board of County
Coulemloners grant, final acceptance of ell Improvements.
Authorize the Chairman to execute the Maintenance Agreement
for Preliminary Acceptance and Resolution authorizing prell-
mlnary ~cceptance.
Preliminary acc.ptanco of improvements will not become effec-
tive until water and sewer facilities have been conveyed to
Collier County {~ater-Sewer District.
,,, P,g,, / -
R~OLOTXO{{ ~0-22~ PRILXNXWART ACCIiPTAW~I OF T~ ROdLDltlkY,
WAIXIt ~ BEM~R XMFltO%'~T~ FOR JJl ACC~IB W~(~dl'l' ~ U M&TI:RI~RD
Accept the Irrevocable r,.tter Bt Credit and Cash Deposit as
security for maintenance of the Infrastructure until the
Board of County Commissioners grants final acceptanc9 of all
Improvements.
Authorize the Chairman to execute the Haintenmnce Agreement
for Preliminary Acceptance and Resolution authorizing preli-
minary acceptance.
· ',. Preliminary acceptance of improvements will not bec,3m¢, effec-
tive until water and sewer facilities have been approved by
the Collier County Mater-Sewer District.
,.. _. q'-.F, /_-__?.
Its ~l~l ~ to 9~
~,, X'~m el~ Ikrfmt to 9B4
~;. XtEm ~14C1
rOE i~ 1990 LIBRARY OPKRATXI~I GRJWT (STATH AID)
Item e14G'l
~;" :: ~ l,m fAJu~ OTXLXTX~ COIr~U~TXON TXi~ T&BLI It~ FOR 8XX
002,10
February 27, 1990
i~i~ 01~ LELT B~T Bt&Clio UWXT IX, ~ ~XT XZX ~ ~
1. The Florid~ D~art~nt of Fnvlronmontal Regulation ~ur~tBhem
a letter placin9 th~ sewer ~yst~m into ~rvic~.
2. Rncterio]ouical t~tinU h~ m~t th~ County's r~qulr~ment~.
3. The D~velop~r flle~ th~ required U.C.C.-3 form within four-
teen (14) d~y~ of acceptance by th~ Cminty.
Florida St~tut. 125.355 (l) (b);
After approval by ordi~.mry rot,. authorlz~ the Ch~lrm~l of
the Board to ~xecut~ the ~as~m~nt Agreement ~nd Conv~ymncss
and thereby ~ccept the subject proper~y; and
Authorize staff to proceed to flnali=e the Agreemen~ and to
accept for recordation with the Clerk of Courts all
appropriate documents In th~ Public Records of Colll.r
County.
90-130 PRXCI ZIICR~ASK FOR BURIAL L~TS AT ~l ~ ~RD
Se- P.U. ~- ~. /
XJ~kS~ JkG~{(~W~ B~X~FE~R MA'/WE [. HE$$OW, C", .'*'.,~ THE UCC r0R ~K
~:)i~ID ~ sml~,S Of7lCl SP~;CXJ~ O;.~ .'*.2;.'q$ DXV]fBXOR {~R ~l
Xt~ el&~l ~ to
TIlE BG&RD 0Y COURT~ CC~Xasxoms ~MD lIMITED
Page
O0-°,l I
See Page
February 27. 1990
' I~ ~1 Tll~{ 1~ II.TI {~0. 6§744. AWD 366~7
'the following correspondence w~n fll~d ~nd/or referred a, ln(ll-
c&ted below:
Letter of 2/12/90 to Chairman HaRes from Paul R. Bradsh&w,
Director. Division of Reoource Planning and Management, DCA,
re comprehensive plan amendment, xc: Nell Dorrlll. Bob
Blanchard (with amendments), St&n Lltalnger, and flied.
2/5/90 Notice from Lonnie t.. Ryder. Environmental
Administrator. Office of l~each Erosion Control. Department of
Natural Resources, accept tag project appl lc~t lena for ~tato
fun,ling for beach .reales control project~ through 7/1/90.
xc: ~ell Dorrlll, rrnnk Bruit, Ilerry }luber, and flied,
Letter dated 2/8/90 to aCC from Tony D, HcNeal, Engineer,
Bureau of Coastal Engineering and Regulation, Department of
Natural Resources, on Requent for Public Comment, File #:
CO-245, Applicant: Pomlnlck J. Llgreatl. xc: Nell Uorrlll0
Frank Bruit, and filed.
Letter of 2/12/90 to Commissioner Hanna from Ben O.
P.E.. Secretary, Department of Transportation0 orating the
Initiating of a rulemaking process to revise the functional
classification and .water assignment of public road~ in the
state, as given In Rule 14-12, F.A.C. xc: Nell DorrJll,
George Archibald° and filed.
C(~py of mpa. to Governor'~ Office. :,f Planni~g an.:,. B.:dgetlng
from Annette D. Phllllp~, Office of M~nat]om,~nt ;~nd Budget,
Department of Tranup~;rtation, to Local Governm.$nt~ with the
subject of Notification of Propo~od Amen~eat to the
~ 8~/90-~3/~4 Ado~ted Nork Pr.fires
Dorrlll. George ~rchibald, and
Minutes received and ;~led~
A. City of Rvex~la~"es No,*kuh,,p ~,.etln,~ ,x~endq for 2/20/90
Notice to O~ner d~t.d 2/13,°~O f'.'om Rodrlg,~,~z Trucking,
order giv.n by 9,,~,-Cur, t:~duttrie~, for the Naplom Landfill,
Bid $89-1386. xc: Nail DorrllL, Skip C~mp. John Weak.sky,
and f i led,
Notice to O~ner dated 2/13/90 from Rodrlguez Trucking,
advising that they are furnishing hauling s-trices under an
order given by Sea Con Industries, for the Naples Landfill,
Bid S89-1385. xc: Nell Dorrill0 Skip Camp, John Yol%kosky,
and filed.
Notice to ~vner tinted ;/14/90 from Dixie Plywood and Plastic.
advising that they are furnishing services and/or m&terlalm
for the Improvements of real property identified aa Collier
County Courthouse. under att order given by Neet Coast
Nood~ork 2nc. xc: Nell Dorrill. Skip Camp. John Weak,sky.
and filed.
Page 58
Februsry 27. 1990
10. No,ice to Owner dated 2/16/DO from Seacoast Supply. lnformlng
tha~ they are furnishing Interior ~a~l board, ex~erio~ Itucco
systeme and all other tel&ted accessories for the ~olllsr
County Courthouse. under sn ord,r givon by U.~. Plastering.
xc: Nell Dorrtll. Skip Camp, John Yonkosky0 and flied.
11. L, ttor elated 1/22/90 to Clerk of the Board° from James P.
~ard. Assistant District Manager, Psllc&n Bay Improvement
District. enclosing copy of the Annusl Financial Statement
for the year ending 9/30/89 along with copy of Annusl
Financial Report of Unite of Local Government 1989 for the
Pelican Bay Improvement District and map of the District.
Tiled.
22. Order on Pros~culion oF Crimlnnl Appeals by the Tenth
Judicial Circuit Public Defender. Case t's: ?4.5?4°
74°629. 74.630. 74.631. s{gned by Robert R. ~archola.
Assistant County Attorney, Hillsborough County. Copies to
~sn Cuyler. and flied.
There being no further business for the Oood of the County,
meeting wae adjourned by Order of the Chair - ?lme: 4~30 P.N.
~OARU Or COO.TV com~sslo.~as
BOARD OF ZONINO AP~AL{~
o~FICIO GOWR~Z~O
SPECIAL 9ISTRICTS~NDER I~
CONTROL , c~,~ ' **',~
3~ES C. GILES. CLER~ .,*
"
as p~eeented / ~r as corrected
Page 59
~ OOa,13