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BCC Minutes 06/05-06/06/1990 RNaplms, Florldm, Junm 5, 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 iAppsals and as the governing board(s) of such special districts as :~have been created accord~n~ to ]aw and having conducted business herein, met on this date at 9:00 A.M. in R~GULAR $1S$ION in Building ~ Of the Government Complex, East Naples, FlorJda, with the ~foll0wing members present: CHAIRMAN: Max A. Hasse, .Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahen Burr L. Saunders Anne Goodntght ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance [rector; E]lie Hoffman and Harriet Beech, Deputy Clerks; Sherry L. ..Keaton, Recording Secretary; Nell Dorrtll, County Manager; Ron '::McLemore, Assistant County Manager; Thomas Olltff, Assistant to the ~i':]?.County Manager; Ken Cuyler, County Attorney; Mar3orie Student, f.i~.Assistant County Attorney; Bob Blanchard, Growth Planning Director; Baginski, Planning Services Manager; Ray Bellows, Robert Lord, Ron and Ron Nino, Planners; George Archibald, Transportation Services ~Administrator; Leo Ochs, Administrative Services Administrator; Jeff ~:Pel'~'y, MPO Coordinator; Russell Shreeve, Housing Ul-ban Improvement Director; Steve Carnell, Purchasing D/rector; Sue Ftlson, .AdmfnJstrative Assistant to the Board, and Deputy Tom Storral~, Sheriff's Office. #3 AND CONSENT AGENDA - JtPPROVED WITH CHANG]~S June 5, 1990 ' Commissioner Shanahan moved, seconded by Co.missioner Goodnight '~rtd c&rried unanimously, that the agenda and consent agenda be a~roved with the following changes: Item 9D1 - Rookery Bay Apartments Utilities Facilities Acceptance - Added (Staff's request). Item gA1 - Recommendation that the Board of County Commissioners approve a resolution authorizing the County Manager to sign and accept if awarded, an Economic Development Grant - Added (Staff's request). Item 6B1 - Petition ZO-90-7, Amendment to Ordinance 82-2, the Comprehensive Zoning Ordinance for the unincorporated area of Collier County - Off Street Parking - Continued to 6/12/90 (Staff's request). Item 6C4 - Petition AV-89-020, Agnoli, Barber and Brundage requesting vacation of a portion of the drainage easement on Tract "A" and all of Lots 125-132, Villages of Monterey, Unit One so petitioner can replat. (This is companion to item scheduled to be heard on June 12th) - Continued to 6/12/90 (Petitioner's request). Item 14All - A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 8, and the east half of Lot 9, Blue Heron Lake Park, less and except the property described in OR Book 986, Page 1051 of the officJal records of Collier County, Florida pursuant to Ordinance 85-33. - Deleted. (County Attorney's request). Item 9E1 - Status and recommendation to revise the award for annual carpet purchases as a result of apparent default of the contract concerning the schedule for the installation of the carpet for the new courthouse. - Added. 7. Items 6B2, 7Al and 7A2 to be heard first. Item #4 "MINUTES OF REGULAR BCC MEETING OF APRIL 10, 1990 - APPROVED AS Cootesioner Shanahan moved, seconded by Commissioner Ooodntght · and carried unanimously, that the minutes of the regular BCC meeting April 10, 1990, be approved as presented. ~D~LOVE~ $~RVICK AWARD P~SE~ED T0 STE~ C~LT. Co~tsstoner Hasse presented an Employee Service Award to Steve ~Garnell, Purchasing Director, for five years of service wlth Collier Government. June 5, 1990 RI~COGNIZED AS ~NPLOY~E OF TH~ MOI~fH FOlt JULY, ~990 Commissioner Hasse recognized James Scarbrough, Field Supervisor ::-.'In the Road and Bridge Department of the the Transportation Services Division, as "Employee of the Month" for June, 1990. He congratulated ... and presented Mr. ScarbrouDh with a plaque and a $50 cash award. ~:~'~ D~~ O~ER 90-2 ~ ~SOLUTION 90-28~, ~ DRI-89-2, GEORG~ NZ~L H. ~[DUS~ RE D~LO~ ~OV~ 0F "CED~ ~Y ~[NA" - Legal notice having been published in the Naples Daily News on March 22, 1990, as evidenced by Affidavit of Publication filed with · the Clerk, public hearing was opened to consider an application for Development Approval for a Development of Regional Impact pursuant to ?~ '. Section 380.06 Florida Statutes, filed by David M. Jones, representing Cedar Bay Marina, re Petition DRI-89-2, located on the north side of Elkcam Circle, one lot west of Collier Boulevard and contains 3.6 acres of land. Planner Lord stated that the the petitioner is requesting develop- approval of "Cedar Bay Harina", a full service recreational facility. He noted that the current zoning of the property is C-5, and the DRI threshold for dry and wet boat storage is 350 slips. {i! He Informed that this request is for 25 wet and 568 dry boat slips. ~ He indicated that the project is located on Elkcam Circle and one lot north of Collier Boulevard, on Marco Island. He related that Companion items are V-89-6 and FDPO-89-4. Mr. Lord explained that the intended use of this site is for the Construction of a marina with marina sales, a ship store, office space, refueling, maintenance facilities, wet slips with ingress/egress for boats, launching facilities, and marine related commercial activities. ~{/< Mr. Lord reported that the surrounding land use and zoning is as to the north is "C-§" and a combination of commercial uses Page 3 June 5, 1990 which includes the Marco Island Fire Station, a refuse transfer fact- Jility and the Marco Island Sewer and Water Treatment facilities; east ~and across the Cedar Waterway is Residential Single Family "NSF" zoning; the C & S Bank and the Chamber of Commerce Plaza shopping are located to the south and in the "C 4" zoning district; to the west and across Elkcam Circle is Szabo Nursery which is "C-5, and a vacant lot ~ with a "C-4"zontng district. Mr. Lord stated that the subject property is located within the Coastal Urban Area as designated on the Future Land Use Map, and is also located within an Activity Center which would allow this use. i'informed that all reviewing agencies have failed to identify any inconsistencies with the Growth Management Plan. He indicated that He /the Southwest Florida Regional Planning Council approved the proposed ~'proJect subject to certain conditions as outlined in the Development Order Resolution. Mr. Lord mentioned concerns relative to this project: this is a dead-end canal and does not flush properly; the Manatee Protection Program shall be adopted and maintained in good faith as per standards adopted at the time of permitting; water quality of the canal shall be monitored before and after occupancy takes place; water management on site shall be engineered with a system designed in accordance with !i "SOuth Florida Water Management District rules; a phaslng plan shall be adopted to limit the use of this facility to a maximum of 300 boat .islips for the first 2 years; and the variance request in the companion ~i' item asks for an additional 15 feet in height from the maximum of 35 feet, but Staff finds that there ts no land related hardship with regards to this request and recommends denial since the additional height would not be in harmony with the one story bank facility to the south or the residential zoning to the east. Mr. Lord indicated that the variance request for FDPO-89-4 ia asking to permit the construction of this marina facility at an eleva- ]'~.tion of 6' NGVD Instead of 10' as required by the FDPO. He noted that ~the proposed use of the property as a "marina facility" is by nature 00014 · Page 4 {, June 5, 1990 ~tlnctionally dependent upon its location and proximity to water or waterways, in order to provide mooring and storage facilities to the public, and the variance requested Is the minimum necessary in order ~. to conduct marina activity. He informed that the variance is requesting that following uses be allowed below the 10f elevation: <~ parking of vehicles, traffic circulation of vehicles, launching and retrieving of boats from storage building to the Cedar Waterway, marine maintenance area, and a re-fueling facility. Mr. Lord advised that Staff finds that the FDPO lsa reasonable request as the travel way for this marina and should have a close ]~! relationship with the water level of the Cedar Waterway, therefore, if )': the Gommission approves the marina use on this site, staff reconunends .-'.' that FDPO-89-4 be approved. Mr. Lord stated that Planning Services Staff recommended that the Gollter County Planning Commission forward DRI-89-2 to the Board wlth a recommendation of approval, and that Petition V-89-4 be denied, sub- ~ect to the stipulations listed in the Development Order Resolution. He related that the CCPC held their public hearing on April 19, 1990, and forwarded Petitions DRI-89-2 and V-89-4'to the Board of County '~ Commisgioners with a recommendation of denial. Mr. Lord advised that considerable opposition was voiced et the ' OCPC meeting, citing the height variance and the manatee issue, and .~. therefore, Staff recommends that Petitions DRI-89-2, V-89-4 and ii FDP0-89-6 be denied. Mr. Lord stated that he received the unsigned Development Order at ~:1§ P.M. last evening, and requested that Staff be given additional t/me in order to review same. Commissioner Goodnight noted that she understands that this marina could be placed on the site without the Commission's approval, but i~!~. the Petitioner is requesting additional slips than what is permitted in the DRI. Commissioner Shanahan questioned what the "C-5" zoning would allow at this site under its current structure? Mr. Lord replied that most Page S June §, 1990 !i¢ommercial uses would be allowed, i.e. banks, office buildings, mari- !~naa, bakery shops, cabinet shops, drive-in theaters, ice cream shops, '.feed and grain stores, Jewelry, garden supplies, and new car dealerships. He stated that other than the height variance, Staff did approve this project. In answer to Commissioner Vo]pe, Mr. Lord reported that 85% of this site is covered by either roof or black top, leaving 15% for ~rass. Attorney George Varnadoe, representing the petitioner, stated that · this project has been subject to more scrutiny than any project that he has been involved with relative to environmental aspects, water quality, manatees, etc. He advised that the SWFRPC has recommended approval of this project, subject to many conditions to ensure that it i. ilI is in keeping with the environment. With regard to the Development Order, Attorney Varnadoe advised i' that he and Assistant County Attorney Student agreed that it should be re-formatted in the manner that the Regional P]anntng Council utilizes but noted that it contains nothing new, and the conditions remain the L , same. ,,~ ' Mr. Varnadoe related that marinas are permitted uses in the "C-5" ~ District, and the petitioner is before the Commission since the number of slips requested, exceed the DRI threshold and he is required to receive a Development Order. He explained that the height variance .request will allow 50' rather than 35', but indicated that after the CCPC public hearing, the request has been cut in half, and the request is being made for a 7.5' variance. Attorney Varnadoe stated that the flood elevation variance is ,requested since the marina is functionally dependent on the waterways i~i;to'retrteve the boats for storage. Mr. Varnadoe called attention to the fact that this project ~s located within an Activity Center which allows a full range of commer- i¢lal uses. He noted that Policy 11.1.1 of the Coastal and ation Element states that "priorities for water dependent uses Page June ~, 1990 shall be public boat ramps, and marinas. He explained that the marina i~.~::~Conforms with all criteria, and noted that it does not contain any wet storage facilities. He reported that other commercial uses that are permitted tn the "C-5" D/strict are: aluminum fabricators and screening shops, boat yards, body shops, bulk storage yards, contrac- tor's storage outdoors, funeral homes or crematoriums, light manufac- turing, motor bus or truck terminals, repair establishments for the 'sale and repair of new and used automobiles, heavy machinery equip- ,~i.~ ment, etc. Mr. Varnadoe advised that Federal Rules and Ordinance 87-80 recognize that variances can be issued for functionally dependent uses :~:; on a water body. He noted that the flood elevation variance ia ~?: required since the seawall is at 6', the flood elevation is at 10' and it will be dill]cult for the vehicle that ts used for loading and unloading the boats to handle that elevation, Mr. David 3ones, President, David Jones & Associates, stated that his company is a planning consultant firm which does a considerable llOUnt Of marina work, lie noted that the alta will be accessed from :i!~' Elkcam Circle, and reported that the traffic generation rates for marinas are extremely low. He explained that a facility of this s~ze will generate less traffic than a convenience store of 2,000 sr. With ~ regard to utilities, he indicated that the site is adjacent to the i facilities on Marco Island and the projected water uae rate la ":'approximately 1,800 gallons per day, or about the same use rate as 7.4 !~'houses. He stated that the marina will have a recycling capability ~:"for the washdown of the boats. ,~ Mr. Jones reported that the three major elements that will take %11 place on the site are: boat storage; a commercial activity relating to a bait and tackle shop to provide life Jackets, fuel, clothes, etc,; and a maintenance facility, lie advised that the site has been :" designed and ties back to the variance as mentlcned by Mr. Varnadoe. =~. He indicated that the launching facilities cannot be set beyond S' and still reach down and retrieve a boat. He explained that the existing June 5, 1990 ie capped with no vegetation, and the docks will be set in ~!~anner to re-establish some of the native vegetation that no longer ? i exists in that area. Mr. Jones stated that the most comprehensive study which was per- i formed in Southwest Florida relative to boat demand and useage pro- Jected that by the year 2000, Collier County would have 15,336 boats ~il-and the demand for 1,100 additional dry storage facilities, and this demand will continue to increase over the next 10 Fear period. He !i?.~ submitted a series of letters from the Goodland Bay Marina, and from developers and land owners on Marco Island indicating the need for additional storage, and encouragement for the petitioner to proceed i~ with the project. ~i.:' Mr. Jones mentioned that the marina will operate during the ~!!, daylight, hours, the service facilities will operate between 8:00 A.M. to 5:00 P.M., and the launching will take place from 7:00 A.M. until 7:00 P.M. Mr. Jones called attention to the Chamber of Commerce Plaza, the <mini-warehouse facility and other facilities in the adjacent areas and noted that they are developing at the percentage of coverage similar to that of the subject site. Commissioner Volpe noted that this is a dead end canal, and questioned the impact from traffic and the fueling facility7 Mr. Jones explained that the use rate ranges from approximately 6~ during the week and 10% or §0 boats on the weekends. Mr. Allen Hoffbacker, Environmental Consultant, with W. Dexter Bender & Associates, Inc., stated that with regard to manatee protec- tion, a "No Wake" zone is proposed in the Cedar waterway to the Marco River; manatee awareness information will be distributed to all marina ~{-users; marina awareness signs will be posted at tbs marina and along the waterway leading to the Marco River. He relented that the manatee issue has been addressed and meetings have been held with the DNR, ' ~ish And Wildlife Service, and the Game And Fresh Water Fish Co~mission. He advised that if someone is cited by the marine patrol 00018 Page 8 June 5, 1990 .for violating the pending areas or boat speeds, they will be evicted ~f°m the marina. He indicated that he will be assisting with tho ::!' development of the Collier County Manatee Plan. He affirmed that the DNR approves the facility with the safeguards that they have proposed. ~ Commissioner Goodnight stated that she understands that the House and the Senate recently passed a Bill which gives the Governor and the Cabinet the authority to Close inland waterways if manatee habitat are found, and noted that the marina will comply with all the new regula- In answer to Commissioner Volpe, Attorney Varnadoe informed that the Development Order states that there will be a two year phasing of 300 slips, and if the water quality is degraded by the petitioner, he will not be allowed the additional slips and he will have to clean *.up the water. The fo/lowing speakers spoke in favor of the proposed marina pro- · Ject: Mr. Wayne Turner Mr. Thomas Rotelle ~' Those speakers in favor of the project, cited the fo/lowing: there are not adequate dry storage facilities in Collier County and ., )rovialons have been made to preserve the water quality. The following speakers spoke in opposition to the marina project: Ms. Ltnda Douglas ~ The reasons of opposition were cited as follows: manatee protec- tion; many Marco residents are opposed to the project; the intensity ~will impact the canal; water quality monitoring is not satisfactory; impacts relative to dredging; a two phase plan will not remedy the situation. Recesa 10:45 A.M. - Reconvened: 10:55 A.M. at which tim Deputy Clerk Beech replaced Deputy Clark Half.an Kenneth Hunt, Marco Island resident and member of the Collier County Planning Commission, stated he is speaking for himself and for ~,Joe Christy of the Planning Commission. He said he and Mr. Christy O0019 June 5, 1990 !:are still opposed to the project because they have strong concerns ~about the small amount of green area, which is only 15 percent for the :'project and there should be a minimum of 25 percent green area. He mentioned that the height of the building is also a concern because this proposed building is large in mass and 50 feet in height, it will present an unsightly appearance and may affect the value of all pro- perties in the area. He requested that the Board of County Commissioners deny this proposal. Tarik N. Ayasun, principal owner of Tayray Corporation located in the San Marco Square Building which overlooks the small bay, presented some photographs of the area for which this building is proposed. He said the bay is a narrow and shallow waterway and it cannot handle the amount of traffic which will result from this project. Mr. Ayasun pointed out that boats have to make two 90-degree turns in the chan- nel, and during fueling operations, he fears there may be oil or gas spills. The canal doesn't wash out easily, and Mr. Ayasun said con- Siderable environmental damage may result. He said he ts opposed to the project. Commissioner Hesse pointed out that the petitioner is permitted to put a boat storag~ facility in that area, but size and number of craft are a real cons~deration. Lawrence R. Cuzzy, owner of Waterfront Properties, Inc Marco %.~'~Island,.. stated that environmental elements should cause this petition to b~ rejected. He presented a letter from the Marco Island T~payers Association, (not received An Clerk to Board Office), and another from the Marco Island C/vic Association (not received in Clerk to Board Office), written in opposition to the project, say~n~ that the archi- ]~'tec~ural review committee had reviewed the preliminary plans for this project and had requested that the buildings be limited to the stan- dard ~5 foot height. He objected to the mass of the structure, stating that it is almost ~5,000 square feet, and would be located only one lot away from the mean entrance to Marco Island and will be a source of pollution. He expressed his personal opposition to th~ Page June 5, 1990 project and presented a petition with 501 signatures from Island real- 'dents, (not received tn Clerk to Board Office). Commissioner Shanahan asked Mr. Cuzzy about the clearing in the wastewater treatment plant location. Mr. Cuzzy said all trees and vegetation have been removed in order to build another tank. As part of that effort, they were pumping sea water from the channel and with motors and disturbance, Mr. Cuzzy commented he saw no manatees for ~i;'three days. Commissioner Volpe asked Mr. Robert Lord about the status of g districts within an activity center. Mr. Lord responded that ~;. such districts are subject to reevaluation, but all activity centers are normally reserved for business activities. Mr. Olliff added that :right now a limit exists for 100 feet in C-4 and 35 feet for C-5. Debbie Algard, Marco I~land resident, presented ar,work done by i. students at St. Mark's Academy expressing their concern for the mana- tee population of the bay. Ms. A]gard expressed her opposition to this petition. Betty Cottongim, architect for 21 years in Collier County, 14 ~ years in Marco Island, addressed the matter from an architectural ,.:planning viewpoint, stating that tn 21 years' work she ham never come the Board asking for special consideration and has always worked wt~41n the confines of the restrictions and regulations. She said :when the developer purchased the property those restrictions and regu- lations were not considered for the highest and best use at the time of purchase. Ms. Cottongim said she believes this project's design ~;; disregards the zoning restrictions and she ts opposed. Dawn Norgren, resident and business owner on Marco Island, reported that seven or eight manatee are seen in this project area every afternoon. She also mentioned that at low tide, the sea water does not meet the sea walls of tile channel and at times there is 3 or 4 feet of channel bottom exposed on both sides. The Cedar Bay water- way ts a small dead-end canal, she noted, and cannot handle a large ~volume of boat traffic. She said that this project will endanger the Page June 5, 1990 'manatee population with noise and noxious fumes, and the warehousing of boats is different than a full-service marina. She reported that it is impossible to maneuver with more than three boats in the channel ~.~at one time and she is opposed to this petition. Nancy Newel1, a full-time Marco Island resident and homeowner, stated she is an avid boater and, having seen the effects of rampant growth in Broward County, she does not want to see it happen here. She quoted from a DER report written about the Cedar Bay Marina propo- sal which said that the manatee food supply can be lost from sediments and pollution in this channel, --,hich flushes poorly. The report sta- tes there is a heavy deposit of sediment in the channel, she con- tinued, which is easily disturbed by boat traffic and can result in a blockage of light which causes a die-off of vegetation and redistribu- tes contaminants from stormwater run-off. Lollie Sullivan, Marco Island resident, said she is concerned about this petition because she lives on a dead-end canal similar to Cedar Bay and it is very difficult to maneuver boats. She read a letter from the "Save the Manatee Club" expressing opposition to the petition. Steven Bertone of Naples said he feels strongly that this area should be examined under the county ob3ectives in the Growth Management Plan under sections 7.2 and 6.6 because it is an environ- mentally sensitive area. He expressed opposition to the petition. Bill Evans, Marco Island resident, read a letter from the Marco Island Children's Center in opposition to the marina, and requesting protection for the manatees which use the bay as a haven. Carol Matthews, Marco Island resident and Wglcome Service manager, explained that the majority of Marco Island residents are concerned that protection be given to natural resources and wildlife. She pre- sented a letter with photographs from the residents living on the canal expressing opposition to the marina and indicating concern over potential threats to privacy and the impact on the canal. Ms. Pa~;e ! 2 Matthews is opposed to the petition. June 5, 1990 Bruce Kretschmer, Marco Island resident and boater, spoke to the need for a marina facility on Marco Island. He said he must keep his boat on a trailer on Marco Island because the present marina is full and has a waiting list of 50. He noted there is a definite and pre- sent need for a facility of this type on the Island, and he supports the petition. Gary Weinberg, resident of Rose Court on Cedar waterway across from the proposed marina location, said that Cedar Bay waterway is shallow and narrow. Because of the physical characteristics, he con- ~ tinued, the marina and increased boat traffic will almost certainly degradate the quality of life for marine animals. He is opposed to the petition. Mr. George Varnadoe, of Young, Van Assenderp, Varnadoe and Benton, representing the petitioner, pointed out that the pro3ect is zoned C-5, ~t ks ~n an activity center, and is consistent with the Oomprehenslve Plan. He said that the petition is for the uses already permitted for that site, and the boat traffic will not be too heavy for the canal. If the project is constructed with a totally enclosed building, he continued, it will be 70,172 square feet; with a par- ti. ally enclosed building that would be reduced to 41,800 square feet on a site that contains 152,360 square feet. Mr. Varnadoe pointed out that the Marco Island Civic Association has no problem with this peti- tion except for the height variance request and, speaking to impacts on the neighborhood, he submitted a letter from an adjacent business, the Riverwalk Restaurant, supporting the proposed marina. He also noted that Rose Court is not fully developed because of the prox~mity of the wastewater treatment plant, submitting letters and photographs from Bill Lindsey and Stlvia Parpalliano, Marco Island residents, saying this area was designed for institut~onal uses such as a treat- ment plant, water facilities and commercial uses. Mr. Varnadoe added that pursuant to the flood elevation issue, boats will not be stored below the flood elevation limit and this Page Suns 5, 1990 y is a totally dry storage marina. Commissioner Volpe asked Mr. Varnadoe if the request for a variance ts for a 7~ foot or 15 foot variance and what difference or ~impact will it have on the project. He answered that the building hei,oht request has been modified to 7~ feet and is the minimum the designers can work with. Commissioner Volpe asked if the capacity and -i square footage of the building footprint will be unchanged, given the ?0,172 square feet and a 7~ foot variance, and Mr. Varnadoe said that is correct. He pointed out that the staff recommendation supports the marina and the development order has been revised to meet the requirements of the Regional Planning Council, only the format has been changed. He added that the developer will fulfill all the con- ditions and requirements prior to the issuance of the certificate of occupany. Commissioner Hesse asked about the height variance and Mr. Varnadoe responded that the variance request is for a building height of 42~ feet, and the structure acco~odates 568 boats. Co~~er Sh~ ~ved, seconded ~ Co~tmmionmr Ooo~ght ~ ~t~ ~t~ly, to close the ~bltc he.ring on ~tttto~ Commissioner Sh~r~tt~n ~oved that Rasolution 90-28? ~nd Dev~lol~ent O~:der 90-2 b~ ~dopt~ ~ith stt~lattoa including no ~tght v~rt~cs, ce~t~ I ~t~ protection pl~, ~ater ~altty, ~table ~ater, ~ Co~issioner Saunders stated that his primary concern ts with the density of the project and the size of the building which this motion addresses as wel~ as eliminating 18 percent of the boat slips. He asked ~r. Varnadoe if he objects to the motion. Mr. Varnadoe said his client agrees, although the changes will be very costly to the project, lowering the economic return. Co~tsstoner Volpe said this will be 120 slips per acre, compared to the prior 164, and he would like to see a 25~ green area for the .;:project. Hours of operation have not yet been addressed and are not Page 14 ; i June 5, 1990 !:;:inoted in the development order, he noted, and asked if the reduction ;.'in the size of the building will result in a reduction of parking ~.. area, thus increasing the green area. Mr. Robert Lord said no, reducing the height will not affect the parking area. Commissioner Hasse said that the DRI requirement is for 475 boat il. slip~ down from 593 boat slips, but the density remains, impacting the small canal that has minimal flushing. He added it is his belief that ~ even the permitted 350 boat slips would not enhance the area in any way, and he feels that this project should be held to a maximum of 350 ' boats slips. Commissioner Saunders asked Mr. Lord for his pro- fessional opinion of the requirements of the motion on the floor. Mr. Lord stated that he feels this project is a little too dense, the building being 50 percent of the site, the impervious (blacktop) area is 34 percent which leaves only 15 percent green area. He said staff · ~does not approve of the height variance, but the flood plain variance presents no problem to staff. He said he agrees with Commissioner Shanahan that the 35 foot height should be maintained, and the number of boats at 475 is too dense and he would prefer to see 300 boat slips. Commissioner Hasse asked about open space and Mr. Lord sllggested that the size of the building could be red,iced to increase the amount of green space. Commissioner Vo/pe inquired about hours of operation, and Mr. Lord said that it has not yet been addressed in the development order or stipulations, but could be restricted to certain hours. Commissioner j' Volpe asked if staff is satisfied with the stormwater and hazardous · waste runoff requirements. Mr. Lord indicated that the South Florida Water Management D/strict approved the plan, bu? he feels that the '~ retention area could overflow, and the project should have some form of stormwater runoff treatment for o11, gasoline, and residue from 'boats stored there. ~.. Commissioner Saunders quoted from the Executive Summary, Page 2, dealing with staff concerns regarding the original DRI for 593 boat Slips and mentioned that Mr. Lord's concerns seem to be with the 00025 Page 15 , ' ",~ '~ st&fl has never approved of the height variance request and if ~i . approved by the Board, the density will be increased on that site. ~l~loner Qoodnloh~ seconded th. ~otton. Commissioner Volpe reviewed the changes requested and d~scussed ~' today and pointed out that staff has a different view ae to treatment of run-off from the site and he suggested it be continued until after ", the summer recess. Commiss~oner Hasse said he does not approve of 475 storage silps. Commissioner Saunders said his concern in the density of boat still remains, and he asked Mr. Varnadoe from an economic standpoint ','if the client can address the density concern. Mr. Varnadoe ex~ressed his feeling that these issues should be raised before the public hearing has been closed, not after, but after conferring with the petitioner, he agrees to a limit of 4§0 boats and that hours of opera- tion can be confined from 7:00 a.m. to 7:00 p.m. C~aaloner Sh~n~h~n ~nded the ~otton to read 450 bo~a O~lesl~ner aoodnlght seconded the ~nded ~otlon. Upon call for the .q~etton, the ~otton carried 3/2, (Co~iseloner Haeea ~nd ~;.' Cr~di~ion~r Volpe op~sed] . Page 16 June §, 1990 _P~TITION v-eg-6~ CEDAR BAY NARINA R~QU~STING A VARIANCE - %h~- Petitioner requested that this item be wlthdrawn. ~OL~IO] lO. 90-288 ~ PETITION ~PO-89-4, GEORGE ~~ING NI~L ~IDUS ~Q~STING A 4' ~OOD ELECTION V~I~CE ~ ~ NI~ ~SE ~OOD EL~ATION OF 10~ ~QGI~D ON ~OP~ ~ESC~B~ ~S CED~ ~y ~INA - A~ED {CO~ION I~ TO DRI-89-2) Legal notice having been published tn the Naples Dally News on May 6, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-89-4 filed by George Varnadoe representing Michael Laptdus requesting a variance from the minimum flood base elevation for Cedar Bay Marina ~ssl~er S~ ~, second ~ Coatmmtoner ~ c~ted ~tmly, t~t Resolution 90-288 for a 4' wince to t~ ~ntm re~tred baas flood elevation for Cedar ~y ~rt~ ~opt~. Page ~, · June 5, 1990 **$ Recording Secretary Keaton replaced Deputy Clerk Beech at this time *** i~iXten d~B3 ORDINANCE 90-44, WOR~ - A~KD Legal Notice having been published in the Naples Daily News on May 16, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 82-2, the comprehensive zoning regulation~, by changing the .zoning classification for Plaza 21 from A-2 to PUD. Mr. Ron Nino, Planning Services, stated that the above Petition is a companion to Petition R-89-26 (PUD rezone to be titled Beachway) and Petition SMP-90-3 (Subdivision Master Plan within the Beachway rezone). " Mr. Nino stated that the Beachway PUD is located on U.S. 41 i!~-?North, the south boundary is lllth Avenue North and the west boundary is Vanderbilt Road. He stated to the north of the pro3ect is the -Cocohatchee River water shed and wetland areas. He indicated that the project consists of 265 acres, with 800 residential units of various structure types, from single family ur, its to mu]ti-family units. Mr. Ntno stated that tile Plaza 21 project is approximately 17.2 acres of land. He noted that the PUD document for the project allows for 112,000 square feet of retail development and a maximum of 60,000 square feet of office development for a total of 172,000 square feet of commercial development. He stated that the subject site falls within a designated Activity Center. He further stated that the sub- Ject site is 17 acres more or less, whereas the activity center constitutes an area of 40 acres, therefore, the site falls below 50~ of an Activity Center. He noted the residential component is at 3 dwelling units per acre which is well below the threshold under the Growth Management Plan. .<.'.~.. Mr, Nino stated that the petition has been reviewed by all county personnel and has been found to be consistent with the Growth Page 18 June 5, 1990 ement Plan. He noted that a modification to the transportation ,etipul&tion ks added pursuant to policy 5.1. Mr. Nfno indicated that both projects have agreed to provide 60 · feet of road right-of-way and a 20 foot buffer along the north side of lllth Avenue. He noted that the 20 foot buffer will also apply to ·U.S. 41 and the portion of the project that fronts Vanderbilt Road. Mr. Nino stated that the PUD document consolidates approximately ·99~ of the Issues on hand, but indicated that there are a few minor ~-changes. He referred to the addendum to the Beachway PUD document · (Section ]0.6.A) which deals with revised environmental development · commitments. He stated that the stipulation as amended states that passive uses of preserve areas w]ll be allowed with proof of Federal and State permits. He further referred to the addendum to the Plaza 21 PUD document (Policy 5 1} which deals with the transportation sti- pulation. He stated that the wording "within one year at an unaccep- table loss" has been added to the modified PUD. He indicated that this modified wording will also be applied to the Beachway PUD document. In answer to Commissioner Volpe, Mr. Nino stated that there will be ~mpact on U.S. 4] due to the combination of the pro3ects. He ~nd~- cared that this wi/l, therefore, initiate a phasing scheme which will not present an increase above 5% level of service "C". Commissioner Vo]pe stated that there is an outparcel that ts not included in the Plaza 21 petition and noted that the outparcel is a Trailer Sales operation and ts not under the same owner. He questioned if this operation will preclude any access off of U.S. 41. Mr. Nlno stated that access will be from U.S. 41 and indicated that the pro3ect will have to seek an approval from the Federal Department of Transportation (FDOT) at the site plan review when the developer proceeds with the development of the tract. Commissioner Vo]pe questioned the amount of access points within 660 feet of an intersect/on (off U.S 41) that can be provided into i.'the commercial tract? ~: ~ June 5, 1990 · ~..i Mr. Nlno stated that the PUD document intends for two access points, one from U.S. 4! and one from 111th Avenue Ne noted that if il the access point from U.S. 41 is not possible, then the only access ~. will be from 111th Avenue North He stated that the projects main · entrance on Tamiami Trail shall be at the existing median opening located approximately 950 feet north of Immokalee Road He further stated that any other accesses along this road shall be limited to right turns in and right turns out He noted that there shall be only ;: one access on 111th Avenue and it shall be located approximately mid- way between Tamiami Trail and Eighth Street North. He stated that these are the conditions that will apply to this project' Commissioner Volpe stated that if the project ls approved, he wants ~ assurance that there will be access off U.S. 41. Commissioner Volpe stated as per the Executive Summary, the Levels ii of Service (LOS) for U.S. 41 are inadequate to achieve Growth Management Plan relationships and the project needs to be phased or co~encement of the project delayed until U.S. 41 is widened. .: Mr. Nino stated that the petitioner has agreed to phasing the pro- ~ 3ect consistent with Policy 5.1. He indicated that the project will be phased in order not to contribute more than 1600 daily vehicle {~.i~ trips to and from the project. He further indicated that the 1600 ~i~ daily trips include both Plaza 21 and the Beachway Project. He stated ~, in regards to Policy §.1 the issue is to proceed with the phasing rather than abandon or delay the project. In answer to Commissioner Volpe, Mr. George Archibald, ~.~ Transportation Services Administrator, stated that the petitioner is i~'.i.I trying to line his access point on U.S. 41 with an existing median i~:?, opening, therefore, he indicated that the petitioner will likely ~!i.' receive an approval from the FDOT for a right turn in and a right turn -out of the project. He stated that there are constraints that relate to the distance that is needed to develop a turn lane complex. He 'indicated that the distance is approximately 330 feet to 660 feet from an intersection. He noted that these criteria are referred to as the Page 20 June 5, 1990 !"access control points. He stated that the Petitioner,s access points :~ should not be closer than ts allowed by this criteria. He noted that ~. there ts a possibility of a signal system that will Improve access to '~ these points and will serve the parcels on the east and west side of U.S. 41. County Manager Dorrtll stated that there ts no median cut that will vehicles to proceed across illth Avenue going north on U.S. 41. Mr. Archibald stated that the only legal paved apron is on U.S. 41. ~;He stated that there is an open area to the south on lllth Avenue, but i.noted that this ts not a legal driveway. Tap~ #4 Ms. Kathleen Passtdomo, representative of Radnor Beachway Corporation, stated that the PUD document with the addendum is a result of over slx months of drafting and weekly meeting with the "~ Planning Staff. f :i She stated that she has no serious disputes or issues with staff regarding this project and have agreed with all the suggestions and stipulations that have been proposed. Ms. Passtdomo stated that the Beachway and Plaza 21 projects are completely consistent with the county's new Comprehensive Plan. She stated that Beach~ay is an 800 unit project with a density of 3.02 units per acre. She indicated that a feature of the Beachway project ts that out of the total 265 acres on the site, over 60 acres are pre- '[! serve areas, over 30 acres are lakes and open spaces and almost 8 /' acres are devoted to recreational facilities. She further indicated that the housing in Beachway will be mixed-use and ts also completely j:~i' consistent with the Comprehensive Plan. She stated the uses will ;~:." include single family residences, single family attached/detached villa residences, townhouses, and multi-family /ow-rise/mid-rise con- dos. She further stated that the project will be administered by a homeowners association and restrictive covenants will be recorded to ensure that the community ts properly maintained and the natural !.wildlife habitat and vegetation in the preserve areas will be pro- iltected. She stated that the Beachway and Plaza 21 projects will be an 0riO'?9 , asset to Naples Park and Vanderbllt Beach. June 5, 1990 Ms. Passidomo referenced five areas of concern that the residents surrounding the projects have: (1) whether the traffic generated by the residents of Beachway will create a safety hazard to the children . attending Naples Park Elementary School; (2) whether the location of the Beachway entrance on /1/th Avenue North will adversely impact the f]ow of traffic on lllth Avenue North and on the streets in Naples Park; (3) whether the Beachway residents will impede beach access by '. Naples Park residents; (4) whether the project will adversely impact water usage in the area; and (5) whether the project will contribute to an already serious drainage problem in Naples Park. Ms. Passtdomo stated that Mr. Dan Brundage of Agno]t, Barber and Brundage will address these concerns and questions. Mr. Dan Brundage addressed the concern of the school crossing issue, stating that the main entrance of the project is 1/4 mile east of the school crossing. He stated that traffic PrOjeCtions show that the majority of trips will go to the east of the project and will ~ disperse to the north and south. He indicated that engineers spent a considerable amount of time observing the school crossing and also talked to the school crossing guard. He noted that there is a substantial amount of traffic in the area during school time when children are dropped off or picked-up. He further noted that with the school guard in place, the crossing is operating at a very good level of service. He stated that the engineers also discussed with the Transportation Department the possibility of water improvements, if · any, to be facilitated in this area in order to help out in the crossing. He indicated that the intersection of school access at 7th Street was studied. He further indicated that 7th Street does not line up with the access to the project which causes problems with si~alization at the intersection. He stated that this problem was discussed with the FDOT in order to realign the access with ?th Street. He noted that the school principal of Naples Park Elementary School expressed concern for the alignment of the access because the Page 2 2 June 5, 1990 ~i~,: school children will have to cross the intersection diagonally in to get to the bicycle path ~hat is located on the east boundary of the current access road. 4~"/ Mr. Brundage stated that even though there is a certain amount of ![~'[traffic in this area at present, this does not warrant the criteria for placing signalization at the crossing or intersection. In answer to Commissioner Vo]pe Mr. Brundage stated that if the i~,:~ y deems it necessary to construct signal~zatton on lllth Avenue ':ii':'North, then the petitioner will agree to do so. Mr. Brundage referred to the location of the access on Illth Avenue i!:'i North, stating that the access falls under the County's transportation ,t. policy for access to collectors and arterials. He state~ that the traffic planner will indicate that the proper place for the subject project to discharge traffic is onto a collector street such as Illth Avenue North. He further indicated to place an access onto U.S. 41 will cause additional side street friction and will create a possible :.traffic hazard. He stated that U.S. 41 was designed to be a high apead and high volume highway, therefore, it is safer to place the .,:~-~ access point to the project on illth Avenue North. . Mr. Brundage stated that the developer is anticipating another !ii'access point for the Plaza 21 project which would allow the residents 'to gain access to the commercial area without having to go onto U.S 41. :..? . Commissioner Hasse questioned if there is a possibility of having a ': by-pass going through the northern corner of the development? / '. Mr. Brundage stated that an access was not designed there because it is not consistent with the current transportation policy. In answer to Commissioner Volpe, Mr. Brundage stated that for ~:!,.~ transportation purposes it would be best to move the access point to the 8th Street intersection. Mr.' Brundage referred to another issue regarding beach access, .noting that beach access is a County-wide problem at present, and noted that Beachway will not make the access any worse or better than any other compatible zoned project in the area. June 5, 1990 He stated that r ~y may mitigate the beach access by the encouragement of bicycle paths and also by the construction of on-site recreational facilities. Ne referred to a concern regarding water restrictions in the area during the dry season. He stated that there is a water pressure 3 problem in Naples Park at present and the developer anticipates .. putting in a new water line with an additional 10 mil/ion gal/on storage within the next year. He stated that the developer is currently working on the design of a 12 inch water line down 6th .~Avenue as well as a 16 inch water line down Vanderbilt Beach Drive and i' Golf Shore Drive. He stated that with this proposed construction, the ,ressure problems will be solved in Naples Park by the Uti/it/es Division. Mr. Brundage stated that there is a problem in getting the water j:.from the County's Water Plant to the site with sufficient pressure, :' and there is proposed construction of an additional Water Plant along SR-9§! to be completed in 1992 which will provide additional water for the area and will also feed a major transmission line in the area. Mr. Brundage stated that the water use restrictions are a ground water resource issue that has been administered by the South Florida ~.-31Water Management District and deals with the shallow Ground water table ~n the area. He indicated that the projects source of water is coming from the Golden Gate Wellfields. He further indicated that this project wishes to have treated effluent water from the Naples Plant facility, but if this is not possible, they will use potable water for their irrigation needs. Mr. Brundage stated that this project is part of the Naples Park .Drainage Study and a key element of the study is providing an outfall ~ the North Naples Basin along an ex/sting ditch. He further cared that a report ls requlred for the ditch to be improved, widened and deepened in order to carry the amount of flow that this project will generate. He noted that the proposed design of this project will allow for the flow to enter into the site's lake system which will Page 24. June 5 1990 /~hen discharge through a system of control structures that will be located along the wetland edge of the project. He stated that the %, project is providing a positive outfall and will improve the water '~ q~/ality for the Naples Park run-off that will be entering into the !-- 'lakes. He noted that Beachway is prepared to spend $570,000 dollars .in order to handle a portion of drainage from Naples Park. ~ .... In answer to Commissioner Volpe, Mr. Brundage stated that construc- tion traffic to the site wi]] be coming from the east, down lllth Avenue and will turn into the site. He further stated that this will .~ cause a minimal traffic impact for the area. He indicated that Illth Avenue is operating at a level of service "C" and, therefore, has an adequate amount of capacity for the traffic that will be generated. In answer to Commissioner Hasse, Mr. Brundage stated that the deve- loper has dedicated a 60 foot right-of-way to the County. Mr. Brundage stated that lllth Avenue ts a lower volume road than ~" U.S. 41 which provides for a safer traffic situation. He indicated 'that there is no room surrounding the site to provide for a direct ~ connection access off U.S. 41. Mr. Jeff Hunt, Ertckson Communities Inc. stated that the County's ~'if~gures indicate that illth Avenue is not operating below the level of service "C" and will not operate be]ow that level of service after this traffic is added by the project' He referred to the Transportation Agreement of the Executive Summary which stated: "Since such travelway improvements are needed to safely and adequately handle future traffic and since the funding/timing of the improvements will be a determining factor in the approval of dwelling units, the Developer shall share in the cost and cooperate with the County in assuring the minimum road improvements are in place concurrent with the number of approved dwelling units." He indicated that if =equ~red, the developer will share in the cost of upgrading lllth Avenue. He further indicated that short term improvements such as Widening the existing travel lanes on Illth Avenue, sidewalk construe- {?~.t~on and drainage swales will be done as well as long term improve- Page 25 June 5, 1990 ,. ments such as the 4-1aning of Vanderbllt Road. ~,-.., }ir. Hunt stated that the petitioner would like to have credit for the impact fees generated by the road improvements because the Florida Department of Transportation indicated that the improvements are not absolutely necessary. He stated that if the improvements are done, they will not only be an asset to Beachway, but also to the County, to people who live in Immokalee that are going to the beach, and people who use U.S. 41 and lllth Avenue that access the State Park. In answer to Commissioner Volpe, Mr. Hunt stated that the level of service on lllth Avenue and Vanderbilt Road will remain within the adopted level of service for the duration of the project. He indi- cated that going east on lllth Avenue will constitute no more than of the total flow of traffic and going west will constitute no more than 13~ of the total flow of traffic. ':' In answer to Commissioner Volpe, Mr. Archibald stated that between U.S. 4! North and SR-846, the level of service is "D" with approxima- tely 31,000 vehicle trips per day. He indicated that the capacity for this area ts approximately 32,000 vehicle trips per day and if the roadway is not improved, the service will drop below that level of service. He further stated that there will be an increase of more than 5~ traffic generated on U.S. 41 on an annual basis. ~- In answer to Commissioner Hasse, Mr. Hunt stated that the traffic ?impact is not a 26% Increase, but at butldout In four or five years, 26~ of the total traffic flowing on lllth Avenue will be contributed by these two subject properties. He further indicated that in the neet future there will bo other alternatives to the north and South traffic on lllth Avenue other than U.S. 41. Mr. Hunt stated that the transportation elements are in place and indicated that most of them are not dependent on the sales tax. Tape #5 Commissioner Volpe expressed concern for the proposed service station that is to be constructed at the Plaza 21 project, indicating that the station will provide a great deal of traffic movement to the Page 26 June 5, 1990 Hr. Hunt stated that the service statiDn traffic ha8 been taken /?Into account in the PUD document. ,e.D~put~ Clerk Beech replaced Recording Secrmtax~ F~aton at thAo tt~ ~ The ~o~o~ng residen~s spoke agaAno~ ~he Pe~Aon cA~Ang ~raff~c .. impacts, current water shortages, low pressure problems, safet~ con- ditions for school children, drainage problems, continued building despite lack of adequate public facilities, lack of adequate beach access tn the area, and roadway access problems: Robert L. Wilson Lorene Wood . Redmond "R,d" Jones Ann Boswell Julia Taylor Gary Blinn Harry O. Purdy Frank Mazza ~.: Anthony j. Ma/ale Don Fltz-Gerald ~.]~:" Hans G. Meyer Genevieve I Gatley ~' Lucy Veccia · Sewell Corkran Emily Maggie Mr. John M~ller spoke in favor of the Petition citing the need for . ' gr~th and development and indicating problems connected with ~row~h ,'and development can be worked out between the County and the deve- loper. ~.~ Co~ssioner Saunders questioned the Adequate ~bl~c Fac~lit]es Ordinance and Mr. Nine said the Ordinance does not take precedence until the County has not funded the improvement of certain roads; noting that the Board has stated they intend to fund those ~oad impro- :. vements. Furthermore, he continued, this project does not exceed the constraints imposed by Policy 5.1, the Transportation Element, which states the proJect can go forward if It does not ~mpact the U.S. 4~ se~ent south of I~okalee Road greate~ than 5 percent of Level of Service "C", ~nasmuch as all the other roads In that area are not an acceptable level of service. Mr. Archibald, Transportation Services Admlnlstrator, e~la~ned why staff has recommended an access on lllth Avenue North, but sa~d [~'[ the plan can be adjusted if necessary. Staff has always taken the ~sft~on that the better access to any development Is not from U.S. due to the volume and speed of traffic, type of roadway, traffic, and Page 27 June 5, 1990 g movements, he said. It Is staff's position that it is better '/to place turning movements on lllth Avenue North close to U.S. 4! where it will not impact the school or the network of walkways, Mr. Archibald continued. Re noted that in the future when Illth Avenue North le four-lansd, the school accesm is aligned with ?th street and ,,, a signal system with a pedestrian phase is installed it will create a ~safe ali~ruaent for children and bicycle pathways. Ne said staff's '7' plans are for the bicycle path to remain on the west side of the dri- veway to the school so there will be less conflict between children on i"~ the bike path and the traffic going to the new school. He asked for a [i:,, commitment from the developer to provide the right-of-way to extend ?th Street tn the future and make it a typical four-way intersection with a traffic light with a pedestrian phase. Commissioner Shanahan asked about the timing for four-laning lllth Avenue North. Mr. Archibald said there is currently a good level of service on lllth Avenue North adding that in peak season there are about 7,000 cars/day and the capacity at Level of Service "D" is about 16,O00/day. Mr. Archibald said that illth Avenue North will not reach Level of Service "D" until 1994-95 in order to Justify four-lantng, and this ts :.in the second §-year program. Mr. Archibald said perhaps the deve- loper can assist with the intersection change, and he reiterated that putting the access on U.S. 41 will adversely increase the impact on 'i":'that corridor. The more signals that are installed and the more intersections that exist the less capacity that road system will .have, he said. :~ Commissioner Volpe addressed the matter of traffic cutting through Naples Park to get in and out of the area and he asked how that can be prevented. Mr. Archibald said that Naples Park is almost built out at the present time and the roads are heavily traveled, with speeding cars an increasing problem. The County has put in a series of four- way stops, he noted, in an attempt to break up the traffic, but (unlike truck traffic) car traffic cannot be refused access. P&ge 2 8 June 5, 1990 . ~ Commissioner Vo/pe remarked if a traffic study has not been done in this area, he cannot support the project. Ma. Kathleen Passldomo spoke as a representative of the pert- ·ttoner, saying the access to this development can be moved to U.S.41, and she appreciates the concerns of residents in regard to traffic. Commissioner Volpe spoke about the issue of shared access along /.14 U.S. 4! at the commercial site, or about the Internalization of the traffic between the commercial section and the residential section. Ms. Passtdomo said that can be addressed by working with staff on sti- pulations. ~:/~.- Commissioner Vo/pe asked about the possibility of the developer · bearing the expense of four-laning Illth Avenue North for the length of the project. Ms. Passidomo responded that if the developer moves the entrance to U.S. 41, the traffic impact on lllth Avenue ~orth is ~.:~. decreased; however, If the County determines the access of the dave- ;?:. lopment must be on illth Avenue North, then her client will consider i{~ : the four-lantng of lllth Avenue North from U.S. 41 to the entrance of ~::;'~ the project. Commissioner Volpe spoke of the access to the commercial ~'!i~: space of 177,000 square feet, saying the two issues cannot be separated. Ms. Passldomo indicated that the access on Illth Avenue North to the commercial piece will be at the east end, across from the Days Inn PUD, ~emembering that this application is merely for a : ~rezoning. Ms. Passldomo committed to the dedication of a 60 foot right-of-way on Vanderbilt Beach Road. She reiterated that the peti- · ~: ttoner is prepared to move the access for the residential parcel to ~.S. 41 and will pay for the four-laning of illth Avenue North from U.S. 41 to the entrance to the commercial piece. Commissioner Nass~ !~ii'::. asked about a traffic signal and Mr. Archibald said the developer required to have a signal system at the residential access, but pro- bably not at the commercial plaza access. Mr. Archibald remarked that the developer may be restricted to a r~ght-turn in and a right-turn out, which is fairly common on U.S. 41. Commissioner Nasse asked if that calls for a deceleration lane going Page 2 9 June §, 1990 on U.S. 41 for the turn into the residential area and a left turn deceleration lane going north, and Mr. Archibald replied affir- ii~!~i~ matively, adding that those costs will be borne by the developer. Commis'sioner Hasse then noted the suggestion has been made that thE~ ~ developer pave a four-lane segment and a transition lane on illth Avenue North up to the entrance and Mr. Archibald agreed that could be worked out. ! Commissioner Volpe spoke to the dedication of a right-of-way for ~extending 7th street to allow for the future alignment at the entrance !;."to the school, and the developer agreed. Ms. Passidomo said the deve- loper will stipulate to accepting drainage, passing it on through, and upsiztng drainage. Commissioner Volpe addressed construction traffic, and Mr. grickson said that both parcels will use U.S. 41 for construction traffic. Mr. Ertckson also stipulated to plan for and establish a Day Care facility tn the commercial center, and Ms. Passtdomo aisc affirmed that all necessary burning will be done under proper permit Commissioner Volpe spoke about the location of the higher ~]'.butldings and Ms. Passidomo said any of the mid-rises will be set 'apart in multi-family tracts near the preserve area and not near the 'Naples Park re;~idential area. Mr. Ertcksen said the current plans are six over parking (or seven stories), so the highest structure will be about 80 feet and he agreed to stipulate to that. ~.. Com~ismioner Volpe moved, seconded by Commissioner Shanahan carriedunanimolxsl¥, to close the Public Hearing. Co.missioner Volpe moved, seconded by Commissioner Shanahan and cma~'tg %m~nt~ousl¥, that Petition R-89-31 be approved sub~act to ~t to the PUD permitting a day care center to be established In that pl~Jei:t an~ ~ubJect to commitment that the developer p~y for the co~t of fonr-lmnin~ 111th Avenue North from the intersection of U.S. 4~ ~4 Illth Av~x~e North to the entrance of the com~ercial tract, Paps 30 r''a '~;q~XiMtSl¥ 660 feet and that the Ordinance ae numbered and titled (';'!~belo~ be adopted and entered into Ordinance Book No. 39: ORDINANCE 90-44 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-§; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTy FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOW?/ AS PLAZA 21, FOR RETAIL AND OFFICE DEVELOPMENT TO BE LOCATED NORTHWEST OF THE INTERSECTION OF lllTH AVENUE NORTH AND U.S. 41 IN SECTION 21 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.2 ACREs; AND BY PROVIDING AN EFFECTIVE DATE. ORDINAiI~3~ NO. 90-45 RE PETITION NO. R-89-26, JEFF HUNT OF ~]~ICES~N ~I~, REPRESENTING RADNOR CORPORATION, REQUESTING A R~ZONE FROM A-2 TO FUD FOR A TOTAL OF 800 SINGLK FAMILY/MULTI-FAMILY UNITS TO BE LOCATED AT INTERSKCTION OF 111TH AVENU~ NORTH AND U.S. 4! - ADOPTED NITH ADDND STIPULATIONS (COMPANION TO SMP-90-3) Legal notice having been published in the Naples Daily News on May 16, 1990, as evidenced by Affidavit of Publication fi/ed with the ~/ 01erk, public hearing was opened to consider Petition R-89-26, filed "'~ by Jeff Hunt of Erickson Communities representing Radnor Corporation requesting a rezone from A-2 to PUD for Beach. Co~/eetoner Volpe moved, leConded !~F Co~illioner Sl~r~l~zl Ed c~rted unanimously, that the public hearing be closed. Co~cis~ionsr Volpe ~ov~d, seconded by Coatasioner Shanah~n and carried unanl~msly, to approve Petition R-89-26 aub]ect to staff Itl- Imlltton~ ~mt the added ettpuletlons that there be no &ccae frol illth &v~nue #orth; that the developer wtll pay for decelerltton lanes on U.S. 43 and for an appropriate share of the cost of · tr·fftc lionel It no less than ~0 percent and POSsibly 100 percent; that the d~v~loper ~edicats · ~u~lu of 30 feet for the rs·llgn~ent of ?th Street; that building heights be limited to slx etortel over parking or 80 feet ~axt~u~ height; th·t the developer coatt to upstzt~g ~rat~ t~prov~ents to acco~odate outflowa from Naples P·rk; and that the Ordinance u numbered and titled below be ·doptsd ~nd entered 39: Po. gu 33. ORDINANCE NO. 90-45 June 5, 1990 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TNE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-5; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BEACHWAY FOR 800 SINGLE FAMILY/MULTI-FAMILY UNITS WITH RECREATIONAL AMENITIES TO BE LOCATED NORTHWEST OF THE INTERSECTION OF IllTH AVENUE NORTH AND U.S. 41, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 265.281+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. - NO. 90-289 RE PETITION SMP-90-3, JEFF HUNT OF ~RICF~ON ~( .' C(~WITINS, REFI~$ENTIN1] RADNOR CO~TION, ~Q~STIN~ ~~ 0F A ~DX~ION ~ p~ C~TIN~ SIN~g F~ILY ~0 L~ LI~, ~ ~F~ILY L~ ~ ~TI-F~ILY ~S FOR A TOT~ 0F 800 ~LLIN~ ~I~ ~ ~ B~AY, LOCA~D NOR~ST OF Ta~ I~E~ION OF .. ~_~ A~ NOR~ ~ U.S. 41 - A~D ~ ~DED STIPO~TIONS Legal no[Joe having been published ]n the Nap]es Daily News on May " 20, ~990, as evidenced by Affidavit of Publication filed with the . Clerk, public hearing was opened to consider Petition SMP-90-3, f~led by Jeff Hunt of Er~ckson Communities, representing Radnor Corporation, b~.'.: r. re~estlng approval of a Subdtv~sion Master Plan for Beachway ~ ~ ~~ly, t~t the ~bl~c hearing ~ C~i~r Vol~ ~ed, seconded ~ Co~lssioner S~ ~d c~t~ ~i~sly, to appr~e Petition S~-90-3 with ad~ tiu u to ~ eccese on 111th Avenue North ~d upsizt~ t~~nts to accounts outfl~ from Naples Park, ~ t~t ~lutl~ 90-2~9 ~ adopted. Page June 5, 1990 **eRecording Secretar~ Kaaton replaced Deputy Clerk ~eech :~' Mr. Leonard Nix, Vietnam Veteran, requested that the P.O.N./M.I.A. '~ f]ag be f~o~ under the American flag at the County Government Complex on Route 4~ and Alrport-Pulllng Road. He stated that the P.O.W. flag is honored throughout the country and indicated that it should be ~ f]~ ~der every American flag tn the country until all of the P.O.W.'s and M.I.A.'s are accounted for. Mr. Nix informed the Board that Bill 168 is In the process of ~aeaed ]n Ta]]ahaaeee which authorizes the P.O.W./M.I.A. flag to ~{~ be flo~ under the American flag at all state o~ed buildings, pro- viding that the flags are donated at no cost to the state. He further noted that the City of Nap]es has an Ordinance which authorizes the P.O.W./M.I.A. flag to be flo~ ~ndeflnitely untiJ voted by another council to do otherwise. Commissioner Saunders indicated to Mr. Nix that he understands his re~est, b~t suggested that more lnformatton be provided concerning ,::: this matter before appropriate action is taken. : . Co~lssionbr Volpe suggested flying the flag on Veterans Day and ~] other ceremonial days or holidays. Mr. Nix informed the Board that the P.0.W./M.I.A. flag ts not a ~.~; ceremon~a~ flag. He stated that the flag is a reminder to the ~J ~erican public that there are P.O.W.'s and M.I.A.,s that are still /not accounted for. Co~iastoner Volpe stated that by flylng the flag at ~he County Complex, it will go a long way in making the public aware of the situation that ~s on hand. He stated that it is appropriate to have the flag flo~ on a daily basis at the veterans monument in our com- ~ntty. Commissioner Hasse informed Mr. Nix that the Board is sympathetic Page 33 June 5, 1990 ! ~nd understanding toward the situation He suggested that the flag i]~i be flown at present, but indicated that more information concerning the current laws of the P.O.W./M.I.A. flag must be investigated. County Manager Dorrt]] agreed with Commissioner Hasse's comments a~ld stated that the Board has given more veteman recognition than any other group in this community. He indicated that past policy, coor- ~ through the local veterans council, states that the 'P-O.W./M.I.A. flag will be flown on Memorial Day and Veterans Day. · Mr. Dorrill suggested that the flag continue to be flown on these spe- :~' c~al days. Commissioner Hasse sUggested that County Manager Dorrill investi- gate the appropriate and acceptable policy for this flag. ~ioner Goodnight moved, seconded by Co~"isstoner t~nm/ ~nformation from the Veterans Services regmrding the current 1~ f~ the P.O.W./M.I.A. f/ag in Washin~ton and Tallmh~mee; and · hmt t~e P.O.W./M.I.A. f/ag be flown on Me~ort&l Day, Veterans DaF, J~lly %th ~ any other celebrated veterans ORDI~A~IC~ 90-46 1~ PETITION R-90-3, j. GARY BUTL~ OF BUTLER ~I~ING, INC. , ~S~IN~ I~E ~ITAT ~R ~I~, INC., ~~G A ~ZO~ ~ ~-6 TO RSP-5 ~R ~OP~ L~A~ ON ~ ~ SID~ OF 9~ S~ET NOR~, I~O~LEE ~I~TIONS - ~ED S~ YO Legal notice having been published in the Naples Daily News on April 19, ~990, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider Petition R-90-3, filed by J. Gary Butler of Butler Engineering, Inc., representing I~mokalee Habitat for Humanity, Inc., requesting a rezone from RMF-6 to RSF-5 for property located on the East s~de of gth Street North and bordered by Jefferson Avenue and Hendry Street, Immokalee. Mr. Philip Scheff, Planning Services, stated that Petition R-90-~, SMP-90-4 and PU-90-2 are companion Petitions. Mr. Scheff stated that the proposed development w~ll be constructed on 4.65 acres of land, and noted that the existing land ~; '"' Page 34 June 5, 1990 ~e is undeveloped and zoned RMF-6. He further indicated that the ~{~.~urroundinG land uses to the north, east, south, and west are single ~family dwellings, zoned RMF-6. Mr. Scheff noted that staff has determined that this pet~t]on ~s consistent with the Growth Management Plan and have no objection to approval, subject to the stipulations that are listed on the Agreement Sheet. He further noted that the Collier County PlanninG Commission .recommends that petition R-90-3 be forwarded to the Board for appro- val, subject to stipulations. Mr. Scheff stated that Petition PU-90-2, Provisional Use "d" of ?i<the RMF-6 District for a civic/cultural facility (Habitat Mission), and Petition SMP-90-4, Subdivision Master Plan approval for "Mission Village", are also recommended for approval subject to stipulations. In answer to Commissioner Volpe, Mr. Ken Baginski' Planning Services Manager, stated that the interpretation of the Habitat Mission has been inherited from past staff members, noting that the Mission will be used to conduct neighborhood facilities of the asso- ciation in terms of training classes, educational classes courses in money management and family management. He further indicated that the interpre~ation was therefore made to allow a Provisional Use. In answer to Commissioner Hasse, Mr Scheff stated that the cultural facility will be utilized by the residents of the single family homes as well as the surrounding residents in the area. Commissioner Goodnight stated that she is in agreement with Mr. Baginaki and Mr. Scheff as to the plans and usage of the facility. i? She indicated that th~s facility will be the hub of the Habitat for ~u~anity In Immokalee. Commissioner Hasse stated that the proposed project is for the good o~ the people and will teach them the fundamentals of day to day living. He indicated that he is in total agreement with Commissioner ~'Goodnight's comments. Mr. Gary Butler of Butler Engineering stated that his firm is doing the engineering for the project and informed the Board that he Page 35 June 5, 1990 cons~.me the total cost. ~t-.toner Sh~n~mn ~v~, seconded by ¢o~,.l.~1o~er Volpe ~ ~t~ ~imly, t~t the ~bltc He~tng ~ clo~. ~l~r S~ ~ed, seconded ~ Coutsstoner ~tght ~ ~1~ ~t~ly, t~t the Ordt~ce u n~red ~ tttld ~1~ ~ ~t~ ~ enter~ into Ordt~ce ~ok No. 39 ~bJect to Stdfes ~~ttons: ORDINANCE 90-46 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 46-29-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF 9TH STREET NORTH AND BORDERED BY JEFFERSON AVENUE AND HENDRY STREET IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, FROM RMF-6 TO RSF-5, CONSISTING OF 4.65 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Page 36 June 5, 1990 90--290 l~ I~T~T~ON S1~-90-4, j. (~ BUTL~ OF NUTL~ Legal Not/ce havJn~ been Pt]bllshed tn the Naples Dally News on Apr,] 22, 1990, as evidenced by Affidavit oF Publication filed with the Clerk, public hearing .as opened to consider Petit/on SHP-90-4 filed by Gary Butler of Butler gngtneerlng, Inc., representing -l~okalee Habitat for Humanity, Inc., requesting Subdivision ~aster Plan approval For "Nls~lon Village", For property located on the Ka~t s/de of 9thy Street North and bordered by Jefferson Avenue and Hend~y 'Street, ]n Section 33 To. ship 46 South Range 29 East, Immokalee, Flor/da. ~d c~t~ ~l~oly, t~t Re~olutton 90-290 re Petttt~ ~-90-4 ~ ~tg ~bJect to mtaff,m mtl~iattonm. Page ?.. June 5, 1990 i'}:'P-I~OLUTIOll 90-291 R~ PKTITION PU-90-2, 3. G&RY BUTLER B~l~Ill~/lfO, /NC., R~PR~SB~TING I)~]O]~T,~ ~ITAT ~R ~l~, IRC. ~~l~ ~ISION~ US~ 'd' OF ~ ~-6 DIS~ICT ~R A C~C/~~ FACILI~ (~ITAT MISSION) ~tssto~r G~tght moved, aecond~ by ~ c~t~ ~l~ly, t~t Reaolutton 90-291 ~t~ ~J~t to staff's Page 38 June 5, 1990 Conteetoner Saunders moved, seconded by ¢ontsstoner Shanahan and carried unanimously, that the meeting of June 5, 1990 be continued 9:00 A,M., June 6, 1990. '0' Meeting recessed at 5:05 P.M., June 5, 1990, and reconvened at 9:00 A.M., June 6, 1990 at which time Deputy Clerk Beech replaced Recording Secretary Keaton Item ,6A1 ORDINANCE NO. 90-47 RE PETITION CP-89-1, MARX NORTON REPRESENTING .:HALSTATT PARTNERSHIP REQUESTING AN AMENDMENT TO THE FUTURE LAND UaE 'EL~MLNT FOR MASTER PLANNED ACTIVITY CENTERS WITH REVISIONS , (GREY OAKS) - ADOPTED Legal notice having been published in the Naples Daily News on 30, 1990, as evidenced by Affidavit of Publication fi/ed with the ~':/ Clerk, public hearing was opened to consider Petition CP-89-! requesting an amendment to the Future Land Use Element for Master Planned activity centers for Grey Oaks project. ~. ~ · Ronald Lee, Long Range Planning staff explained that the amend- ment request was submitted by Barton Collier corporation in conjunc- tion with the Grey Oaks DRI located at Golden Gate Parkway and Airport-Pulling Road, due to the configuration of the existing acti- vity center and the natural and manmade constraints which limit the location of higher intensity uses currently permitted by the Future Land Use Element. The amendment requested, he continued, is to allow flexibility in locating high intensity components of the project, spe- cifically addressing the criteria for designation of Master Planned .Activity Centers. He said this will afford projects some flexibility in boundaries, mix and location of uses permitted within an activity center and is also necessary to allow staff to review the rezone request for consistency with the Future Land Use Element Mr. Lee pointed out several items needing clarification, the first is that master planned activity centers are not allocated addt ~i! ttonal acres, they are only allowed to reconftgure the permitted acreage; secondly, this is a general amendment that is applicable to ~ all activity centers except interchange activity centers which are Page 39 June 6, 1990 i!~? strictly mapped and require a map amendment; and thirdly, the status of a master planned activity center is not automatic and must be ~j'i applied for The language designed to implement the master planned activity ~ .center was agreed upon by staff and the applicant and was reviewed by .'.the Planning Commission on 3anuary 18, 1990 and forwarded to the Board , with a recommendation for approval, Mr. Lee said. He noted the Board · reviewed the amendment on January 30, 1990 and decided to send it to the Florida DCA for review and comment The DCA response was received on May 10 1990 by staff, and they determined that the DCA used a dif- ferent version of the Land Use Element than county staff had used, he related. When contacted, he said, DCA staff agreed that the majority of objections in the ORC report are not applicable, except for one item: DCA staff state that the amendment language does not explicitly outline the permitted uses in the master planned activity center. Mr. Lee said that staff has revised the language in consideration of DCA's comments. The CCPC has forwarded this amendment recommending appro- va/; the petitioner agrees with the language and staff supports the concept of the master planned activity centers to allow flexibility in designing projects, he said. Co~mlsstoner Saunders said this petition appears to be an amend- ment designed to benefit a particular project and it is staff's posi- tion that it will be a generally applicable improvement in reviewing tile master planned activity centers, and Mr. Lee agreed that was correct. Commissione~ Volpe asked if this language change applies to more than one project, and Mr. Lee said there is criteria to be met and this amendment must be applied for by projects. Mr. Lee said DCA has not seen the revised language as yet but if the BCC approves it they will comment on the amendment then. Commissioner Volpe questioned if the 40 acres is designated as ar~ activity center, can tt be moved around to any one of the quadrants? Mr. Lee responded that the project needs to have control of 40 untfi~d i~-~.acres to be eligible, or one quadrant. If the developer has two Page 40 ,,~., ,. June 6, 1990 ~?~';:.quadrants, he will have flexibility In transferring some activity from one quadrant to another. Commissioner Volpe asked if a developer had .:;,-'. four quadrants could he end up with 160 acres of activity center tn one location? Hr. Lee said as long as the developer meets the crt- terta that the components be directed toward the intersection and not be isolated tracts, adding that the activity centers must be ... integrated and directed toward tile Intersection. Commissioner Saunders asked if a developer can simply move all ~!!i 'i these components around within the development, or is staff review ~ required? Mr. Lee said that staff must review the specifics of the project, interpret the language of the amendment, and make a recom- mendation to the Board. The purpose of this amendment language chan~e ts to improve and manage traffic flows and create better activity cen- ters, Mr. Lee concluded. Mr. Robert Dennis, Florida Department of Community Affairs (DCA) in Tallahassee, provided the Commissioners with copies of a letter ~.. sent to Commissioner Hasse from DCA which outlines the role of the Department of Community Affairs amendment changes. He said he is authorlzed to restate the DCA's posit]on in the matter as they were included in their prior recommendations but he ts not authorized to .approve positions or discuss today's approvals. Any approvals must be 'granted by the Secretary of the DCA, he noted, but he ts available to ar~swer any questions from the Commissioners. In response to Commissioner Saunders, question, Mr. Dennis said the Secretary will review the amendment to determine if it meets the requirements of Chapter 163 of the Florida Statutes. Commissioner Volpe asked Mr. Dennis if he agrees with staff's sta- tement that the DCA used the wrong land use element in revtewtn~ the first proposed language change, and he explained that the confuslon arose from a summary document from the county that extracted from each of the land use elements the adoptable portion of those elements, goals, ob3ectives' policies, future conditions maps, and other adop- ,. ttve portions. This confusion is stf]l to be resolved, he stated. 0 01 '1 ~ Page 41 June 6, 1990 ,~:' Commissioner Shanahan moved, seconded by Co~miesioner Volpe and :'i~, carried unanimously, to close the public hearing. Commissioner Volpe asked Mr. Cuyler, County Attorney, if the Board approves the amendment change, what process will be available if DCA does not approve tile change7 Mr. Cuyler said if this occurs, staff can negotiate, go to an administrative hearing, or accede to the DCA's wishes. Commissioner Volpe moved, seconded by Commissioner Shanahan and carried unanimously, to approve the amendment to the future land use alemmnt to allow master planning of activity centers and that the Ordinance as numbered and titled below be adopted and entered Into Ordinance Book No. 39: ORDINANCE NO. 90-4? AN ORDINANCE AMENDING ORDINANCE 89-05, THE GROWTH MANAGEMENT PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE FUTURE LAND USE ELEMENT TEXT TO ALLOW MASTER PLANNED MIXED USE ACTIVITY CENTERS: AND PRO- VIDING AN EFFECTIVE DATE. Item ~6B5 ORDII[ANCE NO. 90-48 RE PETITION NO. R-89-6 MARK MORTON R~PRKSENTINO HALSTATT PARTNERSHIP REQUESTING A REZONE FROM A-2 TO PUD FOR A PROJECT TO BE ~NOWN AS GREY OAKS, COMBINING RESIDENTIAL, COMMERCIAL, AND GOLF COURSE DEVELOPMENT CONTAINING 1601.39 ACRES - ADOPTED WITH ADDED ~TIPULATIONS Legal notice having been published in the Naples Dally News on May 16, 1990 as evidenced by Affidavit of Publication filed with the Olerk, public hearir~g was opened to consider Petition No. R-89-6, filed by Mark Morton representing Halstatt Partnership requesting a rezone from A-2 to PUD for a project to be known as Grey Oaks. Mr. Ron Ntno, Planning Services, announced that both Petition No. R-89-6 and DRI-89-1 will be addressed In the dfscusston as companion items. In summary, he explained, the proposal addresses a plan to develop 2,400 dwelling units which have a density of 1~ units per acre, a lower density than is allowed in the future land use element of the Growth Management Plan. Mr. Ntno said the County is fortunate to have one developer owning 1600 acres of land tn an intensely urba- .n/zed area and from the point of view of planning, this large develop- (3011 9 Page 42 June 6, 1990 ment is preferred over several smaller ownerships. He said the ~'development will consist of 228.4 acres of commercial which includes a /i-II 2§0 room hotel 797,453 square feet of gross leasable area for offices ~ .and retail space, and approximately 1 46 million square feet for com- mtrc~al development. ~ >~ The density consistency check determined that the housing density '~-lS conslstent with the Growth Management Plan, Mr. Nine continued, but in terms of the commercial component, it is staff's opinion that it is not consistent with the Growth Management Plan. It is based on the i:Premtse that there are two ma3or activity centers in the development located within the County limits in the northeast and the southeast {'~. quadrants, so there is 80 acres available for activity center con- .mAde,etlon, Mr. Nine said and the developer,s plan includes 98 acres '? within that "entitlement', area. It is staff's opinion, he added, that -. when considering an 80 acre activity center, it ~ncludes mixed use and the baseline ts that the entire 80 acres cannot be commercial. There are no firm thresholds in the Comprehensive Plan, so it is a sub3ec- rive determination. However, he noted, it is staff's position that the commercial portion south of the Parkway ts inconsistent with the intention of the master planned activity center and staff suggested it deleted in order to bring down the number of acres planned for com- ~r' mercial development. Mr. Nine explained that there are 36 acres of land proposed for commercial purposes lying west of the Livingston Road extension and south of the parkway, representing a strip configuration and an addi- tional activity center, which the Long Range Plannln~ staff concludes [~" ~s ~nconsistent with the master planned activity center. Mr. Nine said it is the position of staff that the deletion of 26 acres south of the Parkway would make the development proposal consistent with the new master planned activity zone concept and it will fulfill the mixed use criteria because only 62 of the 80 acres will be commercial. Mr. Nine said with respect to transportation, it is consistent with the transportation element in the Growth Management Plan because Pa~e 43 June 6, 1990 mitigation is proposed whereby the developer will dedicate to 25 acres of land for transportation improvements to the County's major i highway system. Commissioner Saunders asked when staff approaches a developer for ~ :a dedication of right-of-way ts the request predicated upon the area r:'~: needed by Transportation within that specific development7 Mr Nino {';'~ said that ts correct, and he added that this project departs from the !'~. Southwest Florida Regional Planning Council recommendations regarding ' high benchmark improvements, thus staff feels it is appropriate for 'the development order to state that this project is subject to the ./ Adequate Public Facilities Ordinance and the County's Concurrency ~[ Management System, and therefore, it is not necessary to include high ? b~nchmark Improvements in the development order, adding that the wording of the order is consistent with the Growth Management Plan. ~': ' Commissioner Saunders questioned what is the next step if the DCA .. does not agree with this approach? Mr Cuyler said the developer !~37 . and staff can agree to change the language, or appeal the issue ~!i, Cuyler added that since the new county ordinance ls unfamiliar to DCA, ,~the¥ prefer to use their own guiding policies rather than the County's .:~!.:, concurrency ordinance. " Commissioner Saunders said that by having thls project subject to the Concurrency and Adequate Public Facilities Ordinance at the outset, · .if DCA rules it must be subject to the benchmark, the county has a ~.~? ? stronger control through this approach than simply using state bench- ' marks alone. He said perhaps it would be a mistake to delete this ~'%~' ~because staff assumes DCA may put tn place a weaker control than that of the County. f~ , Commissioner Volpe asked how the County can determine the issue of concurrency in relation to this project and expressed the opinion l~!3' that the State's specific benchmarks should be a part of the amend- ment. Commissioner Saunders commented that if Mr Nfno and other i!! ~ staff are satisfied with benchmarks vs. concurrency, then he ks willing to have staff guide the Board in thls matter. Page 44 June 6, 1990 Gommissioner Goodnight noted that at the Regional Planning ~ ' Council ~t has been found that many counties have different ASI's and · different concurrency ordinances and although the Council has added ii requirements, she said the intent ts to work with the concurrency ordinances of individual counties as soon as all counties have such ~>" 0rdinances in place. Mr. Nino advised the Board that the wo~ding was agreed upon fn consultation with Mr. 3elf Pe~ry and he feels comfortable with the approach as proposed: Mr. Nino said there are provtsfons in the Development Order which allow staff to go back to the developer there are problems, thus, he sees no basis for going back to the benchmark. Robert Blanchard, Growth Planning staff, said he conferred with M~. Pe~y and he stated the ASI's have not been established and the methodology has not yet been approved. The Region has done an exten- ~ . slve survey on this project and has made some specific suggestions, Mr. Blanchard sa]d, and M~ Per~y feels that ~n this pa~t]cula~ case, the Regional Council requirements (benchmarks) will bette~ add,ess the p~oJect, giving the county a further opportunity to control future ~oad conditions as the project ls built out. M~. Blanchard noted that when Livingston Road is completed, 'will be of vital Importance and may affect ~equtrements fo~ ~' ,~est~ct]ng development o~de~s and impact on other roadways neamby as well. Mr. B]anchnrd sa~,' ~,~,' ?[.,~,~e S ,Jr ihls development ls t~ed to the Livingston Road corridor. Commissioner Shanahan asked Blanchard about his statement that Mr. Perry supported the benchmark approach and Mr. Blanchard clarified his statement by stattn~ the con- currency concept is the appropriate approach and Mr. Perry supports concurrency. However, in this particular project' Mr. Perry supports the Region, but in general, one approach or another should be chosen, but not a combination. Co/missioner Volpe potnt,d out that there is no methodology for establishing ASI's as yet and Mr. Blanchard mentioned that on June i1, Page 45 June 6, 2990 i;'1990, the Board will hear more on this in connection with the Annual )date and Inventory Report. .::': ,. Mr. George Varnadoe spoke to similar issues that have been raised in the Regency Village development order, saying the project went · before the Regional Planning Council last fall pr]or to the county s '.'~: Adequate Public Facilities Ordinance. He said the Regional Council did accept the language which tied the project to concurrency. He stated that the DCA appealed on the basis that it is their duty to monitor impacts of DRI's to be certain that th~ road facilities are .there prior to development. Commissioner Volpe said this is a project located tn a critical .area of the community and he personally prefers to use benchmarks until the issue of ASI's are resolved. Commissioner Saunders questioned if there is no statement in the development order that it Is subject to concurrency, and the Order only includes benchmarks is it open to litigation that all DRI's are {~:.. not subject to concurrency? Mr. Cuyler answered that the developer ;'~i can be stopped if the project impacts beyond a certain level, and sometimes the thresholds in the development order can take precedence when concurrency does not. It is up to the county to choose the Specific approach to be used for each development, he said. : Commissioner Goodnlght said that although the work of the Regional Planning Council and their staff is exce]lent, she feels that it is : preferable to work by the Collier County concurrency ordinance and atny ~'~{ DRIs, PUDs or razor, es should be determined by that ordinance eo that · everyone will be treated on the same basis. Commlssioner Volpe reiterated that he will be more comfortable when the methodology for ASI's is known and without the methodology, .~ how can an ASI be established for this project7 Commissioner Saunders asked which gives the better control bench- ~-3 marks or concurrency? Mr. N/no said it is the feeling of the ii: Transportation staff that the County is best protected by using the wording in the Concurrency Ordinance and the Adequate Public Facill- (30.t 23 Page 46 . ,. June 6, 1990 '~' ~t~es Ordinance. Mr. Nlno said that there Is language in the development order iL (item B) which calls for reevaluation of the transportation impacts during the construction process and thls Gives the County an oppor- tunity for reappraisal. Mr. Nino said that except for the incon- · sistency of the commercial element, which calls for a reduction in the ~ floor area, this Petition is consistent with the Growth Management ' Plan. He then addressed the relationship between portions of the development located in the City of Naples and that part lying in the County on the south side of Coach House Lane. There has been concern expressed by residents in the area about adequate buffering, he added, but after a meeting to discuss language changes, they have resolved those concerns, which will require an amendment to the PUD document. Mr. Ntno said that the standards reflected in the PUD document are consistent with sound planning, and he noted that the CCPC has recom- mended approval of the PUD, master plan, and development order with the exception of concerns related to the commercial component. Mr Nlno recommended approval of the development order and approval of the rezone, but not to include the commercial aspects. Mr. George Varnadoe addressed the potential for moving commercial and retail in the southeast quadrant closer to the intersect/on of Airport-Pulling Road and Golden Gate Parkway, saying that ]t can be · moved, it is eight acres less than on Livingston Road, and will result in a loss of retail/office space of 144,000 square feet. This will remove the commercial use from Livingston Road corridor, he noted and will add 300 in residential units to the pro3ect. Commissioner Volpe noted that staff had recommended a reduction of 36 acres, and 474,000 square feet of commercial and the developer,s proposal is for a reduction of 144,O00 square feet and eight acres Mr. Nino stated that before the change the ratio was 1~,270 square feet as an average, because retail has a lower amount than office and w~th the change suggested, it will reduce the amount to 10,800 square .feet/acre as an average for both retail and office. The average for Page 47 June 6, 1990 retafl, he said, is 10 000 square feet/acre and the average for office '?' space will be reduced to 13,000 square feet/acre. The floor area ratio for the project is .26 before the change (]ess than the 3 normally ' used for a maximum) and the change will reduce that ratio to 24 Commissioner Volpe said he has concern that this commercial/retail footage is now being directed toward Golden Gate Parkway and Airport-Pulling Road, and he is aware that the developer attempted to internalize some of that traffic with flyovers. If the retail area is relocated, he queried how that will tmpact on the internalization of the traffic. Mr. Varnadoe pointed out that the commercial that was designated for Livingston Road is the third phase and it will not be constructed until ten years into the project. Prior to Phase three, a ' traffic analysis is required to assess improvements and determine traffic impacts of the pro3ect in order to change or add development order conditions, he said. Commissioner Volpe said that there will be a great deal of commer- cial development along Golden Gate Parkway, and at some time in the future, an interchange may be built at 1-75 and Golden Gate Parkway which could add to the commercial impacts. He said concern exists among residents regarding over-development along that corridor. Bob Blanchard of Planning staff said that the commercial develop- ment s location and the amount of commercial development are the major concerns. Commissioner Saunders asked for the total acreage of the three quadrants, and Mr. Blanchard said it ts ~20 acres, and is still consistent with the Comprehensive Plan in terms of acreage. So the issue, he continued, becomes whether a sufficient mix of uses is pro- vided, and the amount of commercial that is being requested Mr. Cuyler referred to Commissioner Saunders, question about 120 acres of acreage and Mr. Cuyler pointed out that the issue is really only 80 acres. Mr. Blanchard said the review of this pro3ect is sub- ~ect to an intergovernmental agreement with the City of Naples and the Board of County Commissioners is reviewing the entire project for approval. More residential should be added for an appropriate mix and Page 48 June 6, 1990 issue becomes how much, Commissioner Saunders noted. Mr. Blanchard commented that the 40 acres on the northwest quadrant should :~'"~ not be dealt with because it is the sub3ect of a development a.~;reement ~ and part of the Comprehensive Plan for another Jurisdiction. Commissioner Volpe queried if it was not subject to a development agreement and the petitioner could pick up 10 acres from that .quadrant, under master planning he could move that ten acres over, but .he cannot move ]t without master planning. Mr. Blanchard agreed. Tape Mr. Blanchard summarized: The amount of commercial acreage is part ' of the Growth Management Plan requirements; for any application for commercial, there is a list of criteria that has to be considered during the rezoning and one of those is submission of a market study. '~li He said that staff has reviewed the developer,s study and found it consistent with the analysis done in the Plantec Study. Using a five ~i mile radius around this project it was demonstrated that the popula- tion withln the market area could Indeed support the entire allocation of commercial, he said; however, staff feels that other commercial i.i:i:i already there has been ignored in this study. When one considers the &ddJtionel acreage of commercial properties already zoned and permitted, the amount of commercial ts potentially 1,100 acres of commercial zoning, with another 84 acres within other activity centers that also falls within that five mile radius, Mr. Blanchard noted. That is assuming a 50 percent build-out for commercial wJthln the entire activity center, he said. Mr. Blanchard explained that there is approximately 1,250 acres of commercial zoning already within ~. that market study area, and also within that 5-mile study area Pioneer ! "Lakes is located, a DRI approved for a regional scale commercial deve- lopment as well as office development and a portion of the Pelican Bay DRI. He sald these two projects are vested and will not be sub3ect to i' zoning reevaluation provided they meet the stipulations contained in their development order. Mr. Blanchard concluded by saying staff ;! f~nds that the proposal is still inconsistent with the Growth Page 49 00.! Z6 · June 6, 1990 .Management Plan as the Board has amended it on this date. Staff has L,' ~ed this conclusion because the proposed commercial acreage %~{ exceeds that anticipated by the Growth Management Plan, the mixture of !il uses does not meet the intent of the mixed use concept of activity · centers, including the master planned activity center, and because the applicant's market feasibility study failed to recognize the develop- ment potential of additional acreage that is currently zoned. ~'~!;' Commissioner Volpe commented that most of this commercial acreage . is within a traffic congested area so that the 10,000 number is con- · ' · servative, but he sug§ested perhaps it should be even more conser- i~.vatlve. Mr. Blanchard said Airport-Pulling Road is actually the i!~.<' boundary of the traffic congestion area and it is only if the primary access is on to one of those boundary roads would staff consider it part of a traffic congested area. The point, he sa~d, is that there will be more traffic imposed upon a boundary street. Commissioner Vo]pe noted that the proposal to relocate some 28 acres toward the intersection brings up the question of access in that quadrant. Mr. Blanchard agreed, saying if the access is on to Airport-Pulling Road that would be directly on to a traffic congested corridor. :~:~ ~ e''Del~t~. Clerk Hoffman replaced Deputy Clerk Beech at this Growth Planning Director Blanchard stated that the 1,200 acres includes the 84 acres that were projected at a §0~ bufldout but , within Activity Centers, it is eligible to be rezoned. He explained ii~ ithat a determination will need to be made to see if it meets other criteria for commercial lnflll, improved definitions, and whether there are any exemptions or compatibility exceptions. In answer to Commissioner Volpe, Mr. Nino advised that the local recommendations of the SWFRPC are not included in the Development Order to the extent that is recommended. He related that staff feels i"~ that they are not binding and are purely advisory. Commissioner Vo/pe questioned whether the applicant is proposing ~o donate sufficient right-of-way relative to the Urban Interchange at Page 50 Airport Road and Golden Gate Parkway? June 6, 1990 Transportation Services Administrator Archibald Informed that the language In the Agreement Is fairly broad and In favor of the County. He noted that there ts a blanket commitment to provide the necessary right-of-way for the flyover at the intersection. Commissioner Volpe indicated that no parks are included in the proposal, and noted that there are deficiencies relative to parks in the Growth Management Plan. He stated that he has concerns regarding recreational areas for those who will be living In the area. He indi- cated that a favorable amenity and one which would benefit the public would be the inclusion of a park. Attorney George Varnadoe stated that any dedications that are being requested have to have a rational nexus to the impacts of the project. He reminded the Commission that Chapter 380.06(15)(3)(e)(1) states that a "Local Government shall not Include as a Development Order condition for Development of Regional Impact any requirement that the developer contribute or pay for land acquisition or construc- tion or expansion of public facilities a portion thereof unless the government has enacted a local ordinance which requires other develop- ment not subject to Chapter 380 to do so also." Attorney Varnadoe called attention to a letter from Sheriff Don Hunter and Chief of Police Paul Reble, indicating that they could ade- ..quately serve this project without providing any additional men or equipment for same. Attorney Varnadoe stated that he believes that the Halstatt pro- Ject is the finest project that the present Commission has seen, noting that it is a low density, high quality project with many bene- fits to the County. He called attention to Mr. Nlno's statement lndt- catlng that the CCPC approved this project without the commercial In the southeast quadrant, and noted that this is not correct. He advised that the CCPC voted 6/1 to approve the project as submitted as depicted on the presented master plan. Mr. Varnadoe affirmed that this is an outstanding project, con- June 6, 1990 {~ sisting of a unified 1,600 acre development and will benefit the :..~" County. He noted that there will be 2,400 dwelling units, upscale retail/office, a 250 room hotel, 3 golf courses, open space, and linear parks along Golden Gate Parkway. He indicated that because the project is within an activity center , the applicant could have somewhere between 9,000 and 10,500 dwelling units, plus whatever com- !i~ ~ 'mercial activity would be approved and still be consistent with the Growth Management Plan. He related that by comparison a density of , 1.5 units per acre will be realized, and there will be 120 acres of mixed use commercial and Institutional. He explained that the real benefit is the unified control over 3 of the quadrants of the inter- section. He reported that the 4th quadrant is already developed and ~he uses are identified as ~0 acres of commercial and the remainder is in the Bear's Paw Golf Course residential development. He indicated that the Regional Planning Council unanimously approved this pro~ect Attorney George Varnadoe stated that Staff believes that this is a good project, but they have a problem wlth the size of the commercial approach, but the amount, location, and the type of mixed uses must be considered: more than 25 acres of right-of-way will be donated; 15 acres will be donated for a school site in another location; the applicant has agreed to donate 1.5 acres on the site for a 3otnt fire station for the North Naples and East Naples Fire Dtstr~ct and EMS use. He indicated that he has a different view of Activity Centers than those of staff. He stated that this is an 160 acre activity center. He reported that when activity centers are being reviewed, one of the components of the Comprehensive Plan criteria that should be considered is how much zoned commercial is contained in the acti- vity center or adjacent to same. He noted that the southwest quadrant is comprised of 10 acres, and the proposal is requesting 120 acres of commercial mixed uses and institutional, resulting in 130 acres out of the 160 acres to be used for activity center purposes and the remainder will be used for other mi×ed ~;se p~]rposes. Mr. Varnadoe expresse~ that al' ,,f :?:e ~ubject property was within Page June 6, 1990 the County at the time the application was filed, and under the Maste~. Activity Center concept, the commercial acreage from the 3 quadrants were arranged in a manner that would be best for the pro- ~ect. He advised that good planning was not changed by the annexation of the City in the northwest quadrant. He stated that the Inte~'local AGreement allows the County to review the plan for the entire pro3ect, including the p~ope~ty that la withln the C~ty, and the only constraints are the maximums as to what would be ~n the Clty. He explained that the third phase commercial will not commence for lO · yea~s, and the applicant has committed that ]~ will take place afte~ the traffic re-analysis to determine whether additional development o~de~ conditions are necessary. In answer to Commlsslone~ Volpe, Attorney Va~nadoe stated that a specific location has not been determined fo~ the Joint lime station, ~,~...but noted that this will be addressed du~]ng the subdlv~sion maste~ · ' plan approval process. M~. Alan Reynolds of W~lson, M~lle~, Barton, & Peek, Inc., stated -that th~s p~o3ect has slgnlf~cant low denslty as compared to what the Growth Management Plan calls for. He Indicated that by reducing the density, the need for mitigation of impacts and a benefit will accrue ?/to the County since the~e ]s substantially less demand on potable water, sanitary sewe~ treatment and other th~ngs that Go alonG wlth h~gh ~es]denttal dens]tles. He noted that the ~ec~eat~on and open space ~n this project exceeds 60~ of the g~oss area, the~e a~e 20 acres of parks within th~s project, and a $40,000 surplus w~ll be accrued by the County for impact fees. He related that a numbed of -wate~ management considerations are above and beyond those that are normally seen in a project of this type: the existing canals have "been re-shaped and re-contoured which will c~eate an aesthetic feature to the traveling public; storm water runoff from the arterial ~oadways will be treated to serve the County; and canal water which would otherwise be discharged into Naples Bay will be used for Golf course Page 53 ~:~' June 6, 1990 :~,;, Mr. Reynolds reported that this is the first major pro~ect in Collier County that has incorporated a traffic access management p]an, i~.: and noted that each of the main accesse~] }tam been !~ existing access points along the arterial roadways. He informed that the closest access points to Golden Gate Parkway and Airport Road are from 800' - 1,200' away ~rom that intersection. M~. Reynold~ calJed attention to the Master Planned Activity Center language that has been adopted which talks about 160 acre acti- vity centers and mixed uses, He noted that three uses will be ut~l~- zed: commercial, residential and institutional. He related that such things as resLauranLs, specialty retail, Professional offlces, :. Churches, museums and ACLF's are incorporated into this plan, and the only use that is not incorporated ts high density residential since is not an appropriate land use. He indicated that the impacts from ~; the proposed uses are significantly less than one would find with 40 · acres of retail Jn each quadrant. ~/" In answer to Commissioner Volpe County Attorney Cuyler advised that he does not agree w~th the ability to transfer commercial from the area in the northwest quadrant across Airport Road, and include it %!,:' as part of the analysis to the east. He indicated that the differen- ces relating to policy are those of m~xed use, since there are no spe- cific restrictions in the Comprehensive Plan. ~... ' Commissioner Saunders stated that when the Comprehensive Plan was ~.-' developed, the purpose was to encourage as much commercial activity as ';~', possible within activity centers to remove strip commercial from the :~:: roads and to eliminate the problems associated with same. He Jndi- i~:'!., cared that his understanding was that there was 160 acres of commer- cial or mixed use properties w/thin activity centers, and it dJd not matter If there were 30 ~cres In one quadrant, and 60 acres in another ';~i'quadrant. He related that he be/levee that there ~s sufficient language in the Comp Plan for the Commission to ~ealJze that there 160 ac~es and that the developer does not lOose ]0 acres because there are only 30 acres tn the northwest quadrant which is under the contz.ol Page 54 June B, 1990 Of ~th~ City, With regard to mixed use, he noted that the regut~ementa !?i~ave been eliminated tn the Comp Plan for any specific percentages of the different types of use. He stated ~hat he feels that there ts the flexibility to find that the 28 acres are permissible in the southe&st quadrant, the mix of uses as provided by the developer Is sufficient, '~i!~ 'and the project as proposed, with the commercial being away from Livingston Road ]s consistent with the Comprehensive Plan. County Attorney Cuyle~ advised that he does not believe that thts i<~ can be looked at as a 160 acre quadrant since the City has partial ~ Jurisdiction and the County cannot control what the City does in that ~ ~' Commissioner Saunders questioned whether a stipulation could be incorporated indicating that under no circumstances would the property owner entertain the concept of increasing the acreage of commercial ~n the northwest quadrant? Attorney George Varnadoe replied that there ts a development agreement w~th the City which states that the maxt- mu~t number of acres of commercial in the northwest quadrant will be 30 acres. County Attorney Cuy]er stated that the problem ts that that Is an agreement between Mr. Varnadoe's client and the City of Naples, and the County has nothing to do with it. Attorney George Varnadoe stated that the Interlocal Agreement bet- ween the City and the County says that the County will issue the Development Order for the entire proJect as addressed under the . County's Growth Management Plan. Mr. Reynolds explained that this can be viewed tn 3 different i;:~/ ways, and the project remains consistent: as 160 acres an allocatfon per quadrant under the 75% rule, or take the two quadrants in the County with its rule applied, and the project falls within those ~Fuidelines. Mr. Blanchard stated that if 160 acres are considered, 80 acres which are not under the control of the County are either developed o~ obligated for act]vlties which are totally appropriate within an actt- i . vtty center. He indicated that the parcel on the southwest quadrant Page 55 June 'if i~ developed with commercial, residential and a golf course which Is aPPrOpriate for an activity center and should be considered built out. He explained that the northwest quadrant is subject to a development agreement as shown on the Master Plan with development for commercial, recreational, and residential activities. He noted that tn reality, there should be no question if acreage is transferred Into the County. He related that the concept under Plantec for activity centers was a cap, and not 100~ commercial. In answer to Commissioner Volpe, Mr. Blanchard reported that the 75~ rule should not apply when under the total control of one developer. He stated that because of property divisions, it was designed that only 75~ can be physically developed within the boun- daries of the designated activity center. He affirmed that in his ;!;opinion, this was never conceived as a way to expand beyond 160 acres. Planner Nlno stated that he neglected to provide the Commission with an amendment relative to the yard spaces between Coach House Lane the subject project and noted that this was worked out yesterday. He provided copy of same. He also provided a copy of the stipulation which addresses the fire station. Commissioner Vo]pe suggested that the commitment relative to the commitment of the 15 acres for a school be incorporated. Mr. Varnadoe stated that the school facility will not be located on the subject sl~e, and noted that if it is the desire of the Commission to ~ncorporate that commitment into the resolution, he has no problem. The following persons spoke in favor of the proposed project: Mr. Greg Ball Mr. Roderick McCloud Attorney John Brugger Those persons speaking tn favor of the Grey Oaks project cited the ('[following: a benefit to the surrounding community; the project ts that of high quality and will be a good neighbor to the residents of i:the World Tennis Center. ?~' C~mtmetoner Saunders moved, seconded by Commissioner Shanmhmn to Page 56 June 6~ ~990 c~ ~h~ ;:n.tblic hearing on Petition R-89-6. Comm~ssioner ¥o~pe questione~ whether there is a pla~ re,at,ye to the issue cf construction traffic? Attorney George Varnadoe replied that he will meet with Messrs. Archibald and Carter to coordinate the construction accesses as they deem appropriate. Commissioner Volpe stated that in order to take some of the pressure off Airport Road, he believes that consideration should be given to Livingston Road South all the way to Radio Road. Mr Varnadoe stated that the appli- cant agrees to build, as to County specifications, Livingston Road ~'between Golden Gate Parkway and the canal when the County is ready to ~ connect that to something. He indicated that the applicant will com- mit to build 2 lanes in that location. He noted that impact fee cre- dits will be given for this. Commissioner Volpe questioned whether there Js a mechanism in place to collect the impact fees for the portion of the project that ' is within the City of Nap]es? Mr Archibald replied affirmatively. Commissioner Volpe stated that it appears that the only remaining issue is consistency with the Growth Management Plan. County Attorney Cuyler advised that his position remains the same, and noted that in reviewing the document and after a quick call to the City, this is ..probably more arguable than he anticipated. He stated that his understanding Js that the developer will only go back to the City for ratification and adoption of the documents as passed by the Board of i County Commissioners. Attorney George Varnadoe stated that Mr. Cuyler's understanding is correct, and added that the City has agreed In the Development Agreement to adopt the PUD and the Development Order to the extent that they affect the City as they are. Ul~on call for the question, the motion carried County Attorney Cuyler advised that with regard to the discussion about the commercial in the City of Naples, the County does not control this portion of the commercial. He stated that a maximum (:ap has been set as a result of the agreement between the City and the developer. He informed that amendments may be made which ~;o to the O 0.! Page 57 June 6, 1990 ~urisdictlon in which the amendment Is requested. -{. ' Cummissloner Volpe indicated that he believes that the petitioner will make a commitment indicating that he will not go to the City of ~'.Naples to seek an amendment with respect to ~ncreas]nG the amoun~ of co~e~cial square footage. C~ss~oner Sanders moved, seconded ~ Co~ss~o~ c~rl~ ~usly, to approva Pet~tlon R-89-6 ~d Co~on Item DRI-89-1 ~bJect to the conditions of Staff ~d the Collier Plan~ing Co~sston, ~d the additional stipulations that ~here ~ no co~rcial in the vicinity of Livingston Road, ~d that the 28 com- ~rc~al acreage ~ tr~sferred to the southeast ~adr~t; the inclu- · ion of The co,trent for ~he dedication of right-of-way ~d paving of L~v~ngston Road as outlined; the co~itment fo= the dedication of l~d for the fire station to ~ determined by the appl~c~t ~d the ~r~riate fire d~strtcts, ~d ~f there are proble~ ~, the ~d of Cowry Co~tsstoners w~ll then ~co~ Involved; the cogent of the 15 acres of l~d for the school s~te; ~d that the applic~t will not go to the C~ty of Naples to seek ~ ~en~ent to i~re~e the ~t of co~ercial ~d that the Ordt~ce ~ titled ~1~ to be entered ~nto Ord~n~ce Book No. 39: ORDIN~CE 90-48 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS ~.~APS NUMBERED 49-25-7 AND 49-25-6; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "GREY OAKS" LOCATED AT THE NORTHWEST, NORTHEAST AND SOUTHEAST QUADRANTS OF AIRPORT ROAD (CR-31) AND GOLDEN GATE PARKWAy (CR-886) INTERSECTION FOR 830 SINGLE FAMIL'/ RESIDENCES, 1,570 MULTI-FAMILY UNITS, COMMERCIAL-RETAIL, HOTEL AND GOLF COURSE WITH CLUB FACILITIES, LOCATED IN SECTIONS 24, 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, CITY OF NAPLES, FLORIDA, CONSISTING OF 1601.39 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ~. · ]~ESOLUTION 90-292 AND DEVELOPMENT ORDER 90-3, RE PETITION DRI-89-1, Q~'~* ~.%RE I~ORTON REPRESENTING THE HALSTATT PARTNERSHIP REQUESTING APPROVAL OF A DEFELOPMF. NT ORDER FOR A PROJECT TO BE KNOWN AS GREY OAFS, LOCATED ff.*, AT THE INTEI~SECTION OF GOLDEN GATE PARKWAY AND AIRPORT-PgLLING ROAD, CONTAINING 1601.39 ACRES - ADOPTED WIT. Y_STIPULATIONS AS AM]~NDED Legal notice having been published in the Naples Daily News on April 5, 1990 as evidenced by Affidavit of Publication filed with the . Page 58 June 6, 1990 !~ilClerk, public hearing was opened to consider an application for Development Approval for a Development of Regional Impact pursuant to Section 380.06, Florida Statutes, filed by Mark B Morton, Barz. on Collier Company, representing The Halstatt Partnership re Petition DRI-89-1, (Companion Petitions CPA-89-1 & R-89-6), referred to as the Grey Oaks DRI located at Airport-Pulling Road and Golden Gate Parkway. The discussion relative to this Item was heard with the previous petition, Item #6B5. " Coati.toner Saunders moved, seconded by Co~ssioner Shanahan and Cl~Tled unani~ously, that the public hearing be closed. Commissioner Saunders moved, seconded by Comisstonsr Shanahan and carried unanimously, to approve Petition DRI-89-! and Companion It.m R-89-6, subject to the conditions of Staff and the Collier County Plannin~ Com~ission, and the additional stipulations that there be no commercial in the vicinity of Livingston Road, and that the 28 eom _ ~r¢~al acreage be transferred to the southeast quadrant; the inclu- sion of the co~itment for the dedication of right-of-way and paving of Livin~ston Road as outlined; the commitment for the dedication of land for the fire station to be determined by the applicant and the mppropri&te fire districts, and if there are problems relative to ~, the Board of County Commissioners will then become involved; the 'commitment of the 15 acres of land for the school site; and that the m~lic~nt w~ll not ~o to the City of Naples to seek an a~endment to ~cre~ the ~mount of co~ercial, thereby adopting Resolution 90-292 ~nd Development Order Page 59 June 6, 1990 '.'Heoeso 12:35 P.M. - Raconvened l:lO P.M. at'which time ~ording Secretary leaton replaced Deputy Clerk Hof~man.eea 90-49 ~ PaTIT~ON R-ag-29, ROBERT DU~ OF HOLE, ~S ~SE~IN~ ~SOCIATES OF LIVINGSTON RO~, L~., ~ ~ ~R PROP~ LOCATED AT ~ I~E~ECTION OF ~ NOR~/SO~ ~ ~ST/~ST LIVINGSTON ROAD ~SION STI~TIONS - Legal notice having been published in the Naples Dally News on May 3, 1990, as evidenced by Affidavit of Publication flied with the .Clerk, public hearing was opened to consider Petition R-89-29 filed by ii!Hole, Montes & Associates, Inc., representing Associates of Livingston ~ Road, Ltd., requesting a rezone from A-2 to PUD known as Livingston Road Country Club. Mr. Ray Bellows, Planner, stated that the subject site Is located · ~/at the intersection of the proposed North/South and East/West exten- sion of Livingston Road in Sections Il, 12 and 13, Township 48 South, 25 East. He stated that the intended use of this 482 acre site .is to develop the property with both sing/e-family detached housing -~.'. and multi-family housing consisting of 750 dwelling units. He noted that the the proposed pro3ect ts designed as a golf course community ~..wtth a clubhouse. He further noted that the project will exceed 5% of ~ the level of service 'C" capacity for Livingston Road, however, the generated will not lower the level of service below the adopted level of service "D" standard on Livingston Road or on any roadway ]aegment within the pro3ect,s radius of development influence (RDI). :' In answer to Commissioner Volpe, Mr. Archibald stated that the parcel at present, has access from Imperial Drive GainG south from Bonita Beach Road. Mr. Don Plckworth, Attorney for National Development, stated that is no commercial development associated with the subject pro- ,Sect. He Indicated that the bulk of the project is single family · '%:.. ~ with some mu/ti-family oriented around the golf course. ,. ~'? ' . Plckworth stated that the project will have a low traffic impact on U.S. 41 and Immokalee Road He indicated that the PUD Eta- 00.134 Page 60 June 6, 2990 tea that no construction of end user units can be started until :Livingston Road has been completed. Mr. Plckworth indicated that the subject site is the largest ~?] ~ parcel of land that ts donating 50 acres of right-of-way for Livingston Road and has a market value of approximately $1 million ~idollars. He further indicated that in addition to the donation of ~.,rlght-of-way, the project is the largest single assessment payer on ~.~ Livingston Road with a value of approximately $1.5 million dollars. i?'i In answer to Commissioner Volpe Mr Pickworth stated that the !Project entrance is on the east/west portion of Livingston Road with access to old U.S. 41. ~' Mr. Plckworth stated that the Livingston Road project includes the ~ construction of a water transmission main and has committed to donate a 2 acre site to the county for this construction. He also stated ~i~il-that the proJect has committed to donate one third of an acre to ii,~,the Utilities Division which will be used for a master sewage pur,~ptng Station in the area. In answer to Commissioner Hasse, Mr. George Hermanson, pro~ect i;~engineer for Hole, Montes and Associates, stated that the initial of irrigation water will be surface or subsurface water. He ked that there w~ll be no potable water demand until residential construction begins. Co~tes~on~r Shanahan moved, seconded by Co~tsetone~ Goodn~ght cm~'~e4 ~nan~mousl¥, to close the public hearing. In answer to Commissioner Volpe, Mr. Bellows stated that the Fire )artment has been notified about the project and has approved its construction to date. Commissioner Shanahan moved, seconded by Co~lsetoner Goodntght carried unanimously, to approve Petition R-89-29 subject to all ]~. staff stipulations; and that no building permit will be issued, other ~thmn for the golf course, until adequate water has been established for fire protection; and that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 39: 00435 June 6, 1990 ORDINANCE 90-49 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 48-2§-6 AND 48-25-1; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTON ROAD COUNTRY CLUB CONSISTING OF 750 SINGLE/MULTI-FAMiLY DWELLING UNITS. GOLF COURSE WITH CLUBHOUSE, CONSERVATION AREAS, RIGHT-OF-WAY DEDICATION, INTERIOR ROADS AND BUFFER ZONE, LOCATED AT THE INTERSECTION OF THE PROPOSED NORTH/SOUTH AND EAST/WEST LIVINGSTON ROAD EXTENSION IN SECTIONS 11, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 482+ ACRES; AND BY PROVIDING AN EFFECTIVE OEDINANCE 90-50 R~ PETITION R-89-35, GEORGE L. VARN&XX)E OF YOUNG, VAN VAKNJLDOE &ND BENTON, P.A. REPRESENTING GE~MAIN PROPERTIES OF COLt~B13S, INC., REQUESTING A REZONE FROM A-2 &ND C-4 TO P~D TO BE ~ &~ G~I~MAIN AUTOMOTIVE FACILITY, TO PERMIT NEW AND USED A~BILE DEALERSHIPS FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. &l ~, APPROXIMATELY 450 FEET SOUTH OF WIGGINS PASS ROAD, '~ON~I~TIN90FAPPROXIMATELY 13 ACRES - ADOPTED WITH STIP~UATIONS Legal notice having been published in the Naples Daily News on May 18, 1990, as evidenced by Affidavit of Publication filed with the public hearing was opened to consider the adoption of an ordi- %nance amending Ordinance No. 82-2, by changing the zoning classiflca- .* of the herein described real property from A-2 and C-4 to PUD, ik/~own as Germain Automotive Facility. Mr. Robert Lord, Planner stated that the subject property is ':.located on the west side of U.S. 4! North, approximately 450 feet t: south of Wiggins Pass Road He stated that the current zoning of this .'iproperty is A-~ and C-4 and is proposed to be rezoned to PUD. He :ed that the intended use of this site is to allow several buildings with all uses being related to automobile sales and service. noted that the property consists of 13.05 acres, with 1.9 acres of Bald Eagle preserve in the southwest corner. Ne further noted that .~*'.; balance of the site will include two automobile dealership rigs which w111 house a showroom, service area, and sales and administrative offices. He indicated that a third smaller building 'w11~ also be used for showroom sales and sales offices. He stated that*the center of the site is proposed for used car sa]es and an auto shop and the parking area w111 be used for both customer parking June 6, 1990 and auto sales display. .~'!~,., . :Mr. Lord stated that the surrounding property to the north is ,:'currently zoned C-4; to the east Is zoned C-2 and C-3; to the south is zoned A-2 and to the west Is an undeveloped woodland area with an RO · zoning district. Mr. Lord Indicated that the CCPC recommended that this petition be ?:%'forwarded to the Board of County Commissioners for approval, subject !i!;to the stipulations outlined in the Agreement Sheet. \' >/'~'~ In answer to Commissioner Volpe, Mr. George Archibald stated that ' 'Y:<" the segment of U.S. 41 that the project fronts, ts operattnG at a level of service "C" and Is projected to fall to level of service "D" ,tn the next few years. Responding to Commissioner Volpe, Mr. Lord stated that the .Agreement Sheet indtc~ [es that both accesses off U.S. 41 will be ~ constructed by the petitioner as well as a north bound ]eft turn lane on Tamtaml Trail at the existing median opening opposite Royal Cove Drive shall be constructed. Mr. Lord stated that a deceleration lane will be constructed south bound on U.S. 41 from the first entrance of the property. He Indi- cated that west into the property, going north, an island will be 3~-.~ reconstructed tn order to make a turn. }j~;~ Attorney Bruce Anderson stated that the petitioner ts tn disagreement with two of the stipulations tn the AGreement Sheet. He noted that the ftrs~ area of disagreement relates to the installation of a ~5 foot buffer/Green belt at the east property line and runninG 'the entire length of Route 41. He Indicated that 5 feet ts the stan- -dard buffer requirement fo~ commercial use adjacent to a right-of- way. He noted that the petitioner ts tn agreement to a minimum 10 foot buffer and a maximum 50 foot and stated that this agreement ts in ?~. total compliance wl~h the zoninG ordinance and the Growth Management PI~. Mr. Anderson indicated that the petitioner ~as not made aware of the buffer stipulation un~i] 2 days before ~he May 1~, 1990, CCPO ~eettn9. 0(,,1 ,,, Page 63 June 6, 1990 ~,:,. Mr. Ken Baglnskl, Planning Services Manager, stated that the peri- ttoner was made aware of the buffering situatlon and has worked with the project coordinator prior to going before the CCPC on May , 1990. He noted that it is the oplnion of the CCPC that a minimum ::" standard 5 foot buffer ts Inadequate for any project fronting a major arterial. Mr. Anderson stated that the stipulation reads that the petitioner is required to provide an additional 2§ foot buffer as well as a SO foot drainage basin. He indicated that the net result of this stipu- lation is that the property will be set back 7§ feet, noting that the required standard buffer requirement of the zoning ordinance is only § feet. Mr. Lord stated that the petitioner must retain a minimum 25 foot greenbelt along U.S. 41. He indicated that a 75 foot set back is not :".required. " Mr. Anderson addressed another issue to which the petitioner ts tn disagreement with. He indicated that the stipulation tn the Agreement Sheet states that loudspeakers and outside public address systems shall not be allowed on the premises. He noted that the petitioner willing to propose a compromise to permit loudspeakers on the site providing that they are aimed toward U.S. 41 and comply totally with the Collier County noise ordinance. Commissioner Volpe stated that there is a residential neighborhood behind the subject dealership, and noted that public address systems ~, and loudspeakers pose noise problems for the areas residents. Commissioner Saunders questioned if the Com~ission has any lega~ basis to prohibit public add~ess systems or loudspeakers7 Attorney Cuyler stated that the Commission does not have any legal authority to prohibit the public address systems or loudspeakers p~o- ~ that the subject project ts In complJance with the County noise ordinance. Mr. Anderson addressed another issue dealing with th,~ project :':being prohibited to use heavy equipment during the non-nestlng period Page 64 ()04~8 June 6, 1990 ~'~ Of the bald eagle which began approximately 3 weeks ago He indicated ~that the petitioner has from May 15 1990, to October 1, ~i.. , 1990, to utt- ~i;:. ltze the equipment on the site. He stated that the petitioner Is requesting a tree clearing permit in order to have the site cleared by October 1, 1990. Mr. Lord stated that reviewing services will be against this request because if the site is cleared and all of the trees are · removed, then the county will be left with a cleared, worked piece of property if the project is denied. ~ Mr. David Pettrow stated that the project needs an approved Site Development Plan before a tree removal permit is Issued. Tape #4 The following persons spoke in opposition to the subject petition ~.. ' citing that the noise, lighting, and minimal buffer setback on the ~7m'" proposed project will be damaging to the surrounding residential area · as well as the bald eagle preserve: Mr. James Farkas Mr. John Hurst Mr. Bob Germain stated that there will be no outside work on the proposed site. He indicated that al/ work pertaining to his business will be done inside the facility with all doors closed, thus pre- ?~nting .a noise problem. He noted that the dealership has been designed to be visually appealing and the nicest auto dealership in Southwest Florida. He further noted that the setbacks o~ the project are all varied In order to avoid the dealership looking like a used car lot. He stated that the lighting of the project will face into the dealership and will have no affect on any of the surroundinG resi- dential homes. Mr. Germaln expressed that his Intent of the project is not to disturb the surrounding community but instead become a viable asset. He further noted that if need be, he will eliminate the public address systems and loudspeakers in exchange for pagers and beepers. ~'~i~ C~etoner Smznders moved, seconded by Co~-tsatone? 6oodntght c~rtsd mmatmousl¥, to close the public hearing. 0t)439 3une 6, 1990 Com~/lstoner Volpe ~oved, seconded by Commissioner S~ ~ ';c~ted ~~ly, to approve Pet/t/on R-89-35 .b~ect to all staff stt~tto, u outlined In the Agreement Sheet ~d t~t t~ o~dt~ce ~-U ~~ ~d t/t/ed bel~ ~ adopted ~d entered 1nrc 0rdt~ ~o. 39: O~I~CR ~0. ~0-~0 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-5; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND C-4 TO "PUD" PLANNED UNIT DEVELOPMENT, KNOWN AS GERMAIN AUTOMOTIVE FACILITY, TO PERMIT NEW AND USED AUTOMOBILE DEALERSHIPS, FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41 NORTH, APPROXIMATELY 450 FEET SOUTH OF WIGGINS PASS ROAD (C.R. 888), LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. -- ecs Deput~ Clsrk Beech replaced Recording Secretar~ [eaton 'Item ~9H2 TO SOLICIT PROPOSALS FOR A MAJOR LEA~IIE BASEBALL TRAINING IN COLLIER COUNTY - APPROVED WITH STIPOhATIONS Mr. Ron McLemore, Assistant County Manager, said that the commit- appointed by Mr. Dorri]l, County Manager has completed a study of recent relocations by league baseball teams into Florida, economic fmpact statements developed by the State, by the International City [anagement Association, and by other communities who have had !~xperience from an impact point of view. The committee also reviewed lease agreements from other locations in Florida and reached some conclusions about the subject of baseball in Florida, he said. a spring training facility is compatible with the community and a desirable facility for Collier County for three basic reasons: It consistent with the Growth Management Plan, consistent with clean ¥ economic development goals of the community (havJ~%g no :polluting impacts or site conditions), and is entirely financeable ifrom non ad valorem property tax sources or non-community sources, Mr. e advised. The committee has developed an "ideal" financial rk under which the project can be brought to the community, he .said,' and he explained the arrangement as visualized by the committee: ~: "' 00440 June 6, 1990 cost of the project will be approximately $20 million, involving costs of $3 million, Infrastructure costs of approximately $3 million and vertical construction of approximately $14 million. The ~:'i&nd will be provided by the developer as a developer contributio~l, regional park impact fees will pay for the ~ommon areas/facilities ~ij: such as roads, water, sewer and parkinG facilities that will be used :i'Jointly by both the stadium and adjacent regional park. Commissioner Saunders suggested that the amount of park impact .fees used should reflect the percentage of those facilities to be used by the county for its park facility. He explained that if 20 percent of those joint facilities can be directly attributable to the y park, that will be the total amount to be financed by park impact fees, but no park impact fees should be used for facilities to ~ be used by the stadium. Mr. McLemore said that in the actual vertical construction, the facilities will include the stadium and five practice fields and admi- ~inistrative areas. He noted that based on the review of other com- budgets, it will cost approximately $14 million, which is a "worst case" estimate and it may cost less than that. The committee's scenario has the developer puttinG up the capital equipment expense required for on-Going maintenance of the facility, approximately $100,000, he said. Commissioner Shanahan asked what that might con- j:.'slst of, and Mr. McLemore responded it will be tractors, power lawn- , and that type of equipment, principally for field maintenance. ~.:Mx'. McLemore said this plan demonstrates the county w~ll have no ~mon~es involved except for the.expense attributable to the regional park. He then spoke to the actual operatinG budget for such :~ project, ]~sayinG that the operating expense for this facility is totally paid ~:fo~ out of the Guaranteed lease agreement. The committee estimated that.the guaranteed annual payment will be between $300,000 and $400,000, and will arrive automatically through the lease; therefore, county has no operating commitment in the project whatsoever, from Ot).141 PaGe 67 June 6, ~990 revenue raising point of view. Mr. McLemore said that the debt will be totally paid for out of tourist development tax funds, If the referendum passes, and the entire matter will be done by letter of credit and if there is any default in the future, the ~..'~county will not be adversely Impacted. He said by studying the proce- dures used by other counties for similar pro3ects, the committee feels ~ their proposed scenario leaves the county in the best possible posture. Commissioner Saunders pointed out that the County Commission has not requested "sky boxes" and it should be deleted, because induce- ments that benefit the County's Commissioners or County employees are simply not appropriate. He added that he will not vote for this con- ceptual matter unless a financial advisor has been selected via a com- petitive process, and approved by the Commission. Commisslone~ Sanders indicated that he wants staff to send out proposals and ~ecetve ~esponses prior to the election, because the public must know what the financial a~rangements are, and what the entire package will be p~to~ to votin~ on the Tourlst Development Tax referendum. He noted also that If a team Is selected fo~ consideration prior to the election, then that team will have the opportunity to p~omote this issue before the voters. He reiterated that no ~egJonal park impact fees c~ be used to benefit the stadium itself, o~ ~otnt use facili- ties unless the Joint use costs a~e prorated, and f&nally, he said the Florida Sports Park group has stated they have no tourist tax dollars involved within it whatsoever. Commisstone~ Saundems pointed out that the Cowry Commlsston has a stron9 obligation to explo~e that option to the fullest, thus he ts asklng staff to do eve~ythlng possible to )e~ate with the Florida Spo~ts Park staff tn cla~ffytn~ thet~ p~o- posal and comparing ]t objectively to the proposals plac~, before the Board by M~. McLemore and the committee. Commisstone~ Shanahan mentioned there have been p~ev~ous discus- sions that if private funding ts available fo~ th~s facility, no tax :.f~ds w~ll be used for this purpose. He u~ged staff to aggressively Page 68 June 6, 1990 this option and Commissioner Saunders concurred in this approach. Commissioner Volpe expressed some concerns involving the commit- 'cee, how it was appointed, who sits on it, from what direction came the appointment of the taskforce, and what direction, if any, they have received from the County Board of Commissioners. He is con- L cerned, he explained, that much information has been gathered and much has been proposed within a very short time period and he feels that the Commission has not had sufficient input. He asked what will hap- pen to this facility if the tax proposals fail In the fall. {1.2/ Mr. Dorrill, County Manager, responded to the questions by saying he asked this committee to advise him on similar facilities in Florida, and to prepare suggestions for h.im to use in informing the -Commission as to ways and means available to achieve such a facility ~n Collier County. Mr. McLemore said this is part of a larger park facility and there is a requirement under this concept that the developer must provide "additional lands adjacent to the stadium for use as a regional park. Mr. McLemore said the regional park called for in the Comprehen- · stye Plan ts a large, 500 to 700 acre facility. This ts not going to be that type of facility, ne explained, but it is a worthy project that will draw people on a regional scale. He continued a policy decision must be made by the Board If they wish to use the sales tax ,proceeds for the regional park (the larger park), and he feels that '~'chls Is a different matter. Commissioner Saunders affirmed that it will be illegal to use the local option sales tax funds for this faci- !~!ity because it ts not the regional park addressed in the Comprehen- ?.. ive Plan. Mr. McLemore added that thls is not a part of the Growth : Management Plan, but it is consistent with the Plan. Mr. Raymond Noga, a member of Smith-Barney, put together the [:~ financing plan for the Lee County ballpark, serving as lead underwriter for Lee County to bring the Minnesota Twins to Florida, and for other municipal entities. Mr. Noga said this financing plan Page 69 June 6, ~990 ~presented for consideration is very simple and efficient, it has the potential to save hundreds of thousands of dollars over s~milar finan- cings based on the manner of handling capitalized interest and opera- i~i~'.tJon and maintenance costs. Commissioner Volpe asked, under this type of arrangement where the initial capital outlay for the facility will come from? Mr. Noga said It will come from a bond issue, backed by the tourist development tax, and he comm~nds thi~ approach as sound. Mr. Mci, emote said he believes this project will become a model for others, if it becomes a reality. Mr. McLemore stated that there are very serious people involved in this concept and ready to present proposals, and he hopes that action ~.can be taken timely in order not to lose an opportunity. He added that when the proposal is brought back to the Board, it will contain a signed lease agreement for the donation of the land. Mr. Gene Vaccaro, Executive Director of Florida Sports Park, presented a proposal to the Board for their information. He said that his non-profit organization has a forty-year history of service to the community, he supports tax-free baseball and does not believe in usinG public tax dollars if the private sector can absorb the costs. Several interested parties have contacted the Florida Spo~ts Park about the prospect of constructing ma3or league spring training faci- ?~.lit~es at their location, which is only three miles from Alligator Alley, three miles from 1-75 and three miles from U.S. 41 and designated in the PUD as an approved site for ma~or league baseball, he noted. Mr. Vaccaro said they are now finalizing agreements with a ma3or league baseball team, and a commitment In writing will be released to the media based on three contingencies: f~rst, that a separate land parcel be made available for purchase and later develop- ment by the team; second, proof of funding; i.e., a $15 million letter of credit or $~5 million in funds placed in escrow based upon the third contingency, availability of a long-term 99 yea~ lease. He said that the Swamp Buggy Inc. Board of Directors have reached agreements · ~allowtng for negotiat~on of this critical league and when the docu- 0O444 Page 70 June ~, 1~0 are signed the bank letter of credit will be issued, and a for- announcement will be made He is concer~ed that possible rations from the county to the teams they are meeting with may mrd~ze the private sector's ability to finalize agreements with major lea~e baseball, thus he is requesting ~hat the county delay its proposal for 45 days and de]ay its courtship of baseball. Co~issioner Hasse assured Mr. Vaccaro that the taxpayers will not be assessed that money in any case, and the county has not solicited proposals, rather the approaches have been ~ade to the Co~ission. Co~issioner Volpe said the county does not want to compete with the private sector, but wants to keep both options open. Mr. Vaccaro stated that hfs Group is finalizing lease agreements with Southwest Florida Sports Promotion, Inc. who have investors for a line of credit based upon the completed lease agreements. The major -lea~e club will Give a written commitment based upon the lease being si~ed as well. Mr. McLemore said very stringent requlrements were set out for the 'people who approached the county on this subject, lncludin~ acreage to be deeded to the county ]n excess of what is needed for the baseball facility, and a letter of credit up front, and he ts certain that the baseball team that is negotiating with Mr. Vaccaro w~ll not be approaching th~ Board because of the structur~ of the county's requirements. ~'' ~~ Sanders ~, seconded ~ Co~lseion~ S~ ~ ~~, ~o authorize etaff to ~ssue a r~t for pro~ ~ w~th a re~ ~te of 60 days from date of ~s~ce, to d~rect · ~f '~o ~l~t a fi~ctal advisor, direct that no i~ct f~s c~ ~ ~ to ~fit this factli~, ~d no in~ce~ntm to Coil~ler C~ '~ to ~ ~cepted t~t m~ght ~nef~t either C~ty e~s or Co~- "~~rs, ~d ~rther staff is directed to ~et w~th ~. Vacc~o ~o ~te~ ~f ~ a~ee~ent c~ ~ ~rked out. '$~C~fesfoner Sanders left the ~etln~ at th~e ~int, ~ reflected in foll~fn~ 4/0 votes... lt~ ~IOA Pa~, 71 3una U, 1990 SNTTL]D~NT &GI~E~:N~RT TR M&~ )~NOf~l AS D~P~ 0F i C01~B~EITT JkFF&IR~ VS. COLT~ER COURTY BOARD 0~ COI~iI$$IO)I~RS JLRI~*NG :~ O~ ~ION&L I~P&CT (DRT) DEV~LOP~RT ORDER RO. 88-2/l~E$OLUTIOR RO. ~-~O9 - ~-~OV~D CORC~I~I~A~.T.¥ Mr. Cu¥1er, County Attorney, explained that this is a settlement agreement submitted for conc¢,p~,.al ~pprova] by the Board so that staff ~. may bring an amended development order back for the Board's constdera- tlon. Mr. Cuyler pointed out that this is a Department of Community 'i "Affairs previous appeal relating to a development order the county has "already issued on Cltygate Commerce Park. He said that the county is supposed to sign the stipulated settlement agreement, but the f's part, if the Board so chooses, is to amend the development ':Order. ,:., Mr. Cuyler related that it was an endangered species issue in Which the Department of Community Affairs (DCA) appealed the county's ~.'[' development order. There have been discussions between the developer and the DCA, he said, and the ultimate item to come before the Board will be either more restrictive or will approach in a different manner "the concerns that DCA have. ~/~ton~r Vol~e ~v~d, seconded t~ Co~mtealoner Shanahan ~nd 4/0, that the Stt~ulated Settleaent A~r~ement in the ~atter ~kn~wn u Co~unlty Affairs vs. Collier County Board of Co~taator~ra Ct~ate Co~rce Park DRI No. 88-2 be conceptually approved staff ts directed to prepare appropriate amendments to said Order No. 88-2/Resolution No. 88-309. Page 72 June 6, 1990 £t~-~e6C2 - ~.',:'~:.RE~OLUTION NO. 90-293 RE PETITION SMP-89-32, DAVID S. HILEISON, P.E., :.~:~: REPRff~ENTING Mit. ~ ~. ~LIX NO~T ~ I~STORS ~ CO~TION :OF ~ ~Q~TING S~DIVISION ~ST~ P~ AP~OV~ ~R ~TO~, L~ 0~ ~WAII BO~EV~, CONSISTING OF 12.63 A~S - ~' - ~ TO ~I~TIONS CO~AI~D IN E~IBIT "B" Legal notice havinG been published in the Naples Daily News on May 20, 1990, as evidenced by Affidavit of Publication filed with the 'Clerk, public hearing was opened to consider Petition SMP-89-32 filed ?. ,by David S. Wllkison, P.E. representing Mr. and Mrs Felix Norat and . ~. Investors Realty Corporation of Naples requesting subdivision master plan approval for Woodstone Subdivision. Mr. Sam Saadeh, Planning Services, said this subdivision is located off Hawaii Boulevard, 200 feet from Molakat Drive in Section ;18 and consists of 12.63 acres, and the request is to subdivide the '~[~;,property into 30 lots for single family residential housing. He said -i'the property is currently undeveloped and zoned RSF-3; to the north is /~Lago Ve1'de PUD; to the east Riviera Golf Estates and zoned Mobile Home. ": Subdivision District; to the south is Lely Villas Unit 2 zoned single · family residential; and to the west and across Hawaii Boulevard is Lely Villas Unit 4, single family residential. Mr. Saadeh reported that the Planning Commission reviewed the petition on May 17, 1990, and unanimously recommended approval subject to staff stipulations, and at the public hearing there were no com- ments for or against and no correspondence has been received. Staff recommends approval subject to stipulations listed on the agreement , he concluded. Commissioner Shanahan asked about the density, and Mr. Saadeh con- firmed it is 2.4 units, and in that area up to three units/acre are David Wilkison, Engineering Consultant for the property owners istated they are in concurrence with staff's stipulations and the Platting Commission has recommended approval. There were no speakers. Commissioner Goodnight moved, seconded ~ Co~tsstoner S~ =~f~ 4/0, to close the ~bltc hearing on S~-89-32. 3une 6, 1990 ".~smmatsmton~r Goodntght moved, seconded by Com~l,~elor~= Sh~l~han 4/0, that Resolution 90-293 regarding Petition S1~-89-32, ~bdtvtelon, be adopted s~bJect to staff stipulations u listed on th~ Agreement Sheet. Page 74 June 6, 1990 NO. 90-51 RE PROPOSAL TO AN~ND ORDINANCE NO. 86-4, ]~..ll(3'tTf, dl~TI~O lqC)"~L"OR VEHZCL~$ FOR HZR~ - ADOPTED Legal notice having been published in the Naples Daily News on May 16, 1990, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an amendment to Ordinance No. 86-4, regulating motor vehicles for hire. Mr. Leo Ochs, Administrative Services Administrator, stated that for some time the Public Vehicle Advisory Committee along with Fleet Management staff and the Office of County Attorney have been working on an ordinance amendment to provide a higher quality of public transportation service to county residents. He said several major improvements to the ordinance have been drafted and are being pre- sented to the Board for consideration; these include standardization of rate structure, elimination of zone charges and other dlscretionary charges and improved enforcement provisions within the body of the ordinance. Also included are improved regulatory procedures relating to the application process and awarding of certificates of public con- 71.~ .venience and necessity, as well as improved vehicle safety and service quality standards including regular inspection requirements, he said. Mr. Ochs stated these changes and insertions will vastly improve the efficiency and safety of the vehicles for hire in Collier County and staff recommends approval of the proposed ordinance. · Ccll~lld~lllc:mer Goodnight moved, aeconded by ColB~ssion4,~ Shan~h~n ~ :' amd c~z. ied 4/0, to c~oee the public hearing. Com~issioner Vo~pe asked how Collier County's local fees compare with fees in other communities and ~r. Dan Pucher, Fleet ~anagement explained that county fees are for the decal which goes on the wind- shield of vehicles for hire and he feels the charges are competitive. The rates charged per mile, he stated, are very fair as shown by sur- veys made in surrounding counties, and the present annual renewal charge is 850.00. Commissioner Vo~pe asked ~f the fees cover the costs for the county and ~r. Pucher said they do. Page 75 ist 4/0, t~t the Ordtna~:e ~s numbs, red and titlg ~lo~ !~ · ~!.![:! ~toptst ~t ~nter~d into Ordinance Book No. 39: June 6, 1990 ~dni~ht ~v~t, secomied by Co~tssioner Shan~h~n ·-. ~;.. ORDINANCE NO. 90-51 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-4, AS AMENDED, BY AMENDING SECTION ONE, DEFINITIONS; AMENDING SECTION TWO, CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY REQUIRED, BY ADDING REQUIREMENTS FOR COLOR CODED PERMIT/DECAL: AMENDING SECTION THREE, EXEMPTION; AMENDING SECTION FIVE, APPLICATION FOR CERTIFICATE, BY REQUIRING COLOR SCHEME, INSIGNIA AND TOP LIGHT DESIGN FOR TAXICABS AND AMENDING THE APPLICATION REVIEW PROCESS BY THE PUBLIC VEHICLE ADVISORY COMMITTEE; AMENDING SECTION SIX, ISSUANCE OF CERTIFICATE; AMENDING SECTION SEVEN, MINIMUM INSURANCE REQUIREMENTS; AMENDING SECTION EIGHT, CERTIFICATE FEES, BY CHANGING THE ANNUAL PERMIT FEE PERIOD FROM CALENDAR YEAR TO FISCAL YEAR AND SETTING FORTH VEHICLE PERMIT REQUIREMENTS AND FEES; AMENDING SECTION NINE, TRANSFER OF CERTIFICATE PROHIBITED; AMENDING SECTION TEN, SUSPENSION OR REVOCATION OF CERTIFICATE; AMENDING SECTION ELEVEN, REGISTRATION OF CERTIFICATE, BY REQUIRING AN OCCUPATIONAL LICENSE; AMENDING SECTION TWELVE, MINIMUM VEHICLE STANDARDS; AMENDING SECTION THIRTEEN, TAXICAB SERVICE STANDARDS; AMENDING SECTION FOURTEEN, DESIGNATION OF TAXICABS; AMENDING SECTION FIFTEEN, SCHEDULE OF TAXICAB RATES AND CHARGES; AMENDING SECTION SIXTEEN, DAILY MANIFEST OF TRIP LOG REQUIRED; PROVIDING THAT IT IS UNLAWFUL FOR PASSENGERS TO REFUSE TO PAY LEGAL FARE; PROVIDING ADVERTISING REQUIREMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ). 90-294 RE F~TITION PU-90-? .~T~NsSPORTATION Sl~I~ '.. ~ING PROVISIONAL USE B" OF THE INI~THIA~ZONIN~ ~DIST~X~T FOR & RKO¥OLING FACILITY AT I~[OF~LEK AIRPORT AND TH~ :~. '.PROP~D IMMOEAI~EE INDUSTRIAL PARI~ - ADOPTED W/STIPULATIOnS Mr. Ray Bellows, Planning Services staff, explained the objective of this Collier County-initiated request is to obtain Provisional Use of the Industrial Zoning District to allow for a polyethylene plant on l§ acres of county-owned property. The intended ~'Use,' he said ts to permit construction of a facility to recycle agrl- plastic film, and it abuts existing industrial zoned property ~'/which is part of the Immokalee Airport and proposed Immokalee ~ {?~.Industrial Park. The ingress/egress has been approved by ansportation Services staff, it is consistent with the Growth Plan and has been approved unanimously by the Collier .t~ Planning Commission on May 17, 1990, he noted. 00469. June 6, ]990 ,~.*~"Commissioner Volpe asked what special arrangements have been made to handle hazardous waste which may result from this operation. responded that the Environmental Health Services and Mr. ald's staff have been setting up standards for this project. Mr. Archibald said there are special provisions in the agreement to be signed and staff is recommending that both the Environmental Services Division, the Transportation Services Division and Development Services Division all scrutinize the agreement to make sure that not only the agreement, but any subsequent lease between the county and a party to operate a resource recovery operation will Include those provisions for properly controlling such an operation. C~sstoner Shanahan moved, seconded by Commtsstcrner Good~tght ~ted i/O, that Resolution No. 90-294 regarding Petition for l~z~vlstonal Use "b' of the I~okalee Zoning District for a ~l~n~ fac. tltt~ be adopted. Page 77 June 6, 1990 ~[~OLUTXO~ NO. 90-295 AUTHORIZING T~E COU1T~Y MAnAGeR TO $I~N AND 1~ A~%~DED, AN ECONOHIC DEVELOP~T GRANT TO PROVIDE U~XLXT~ES ['&T ~ X]~S'I'RI~ PARK IN IMNO~ALEE FOR POLYCYCLE PROJECT - ADOPTED Mr. Russell Shreeve, Dlrector for HousinG and Urban Improvement ~.said that in November 1989 they submitted a pre-application to the States Department of Commerce Economic Development istration for a grant for $711,600 to install water and sanitary sewer to the Industrial Park in Immokalee in order to provide these to a project called Po]ycycle. In April 1990 the EDA i'll>requested an amendment to the pre-application for $584,300 and imme- diately following that they requested a formal application be filed, . . Shreeve explained. He said that normally this request is not made the EDA feels the grant will be funded, and he has been told /nforma]ly that the grant application stands high on the l~st to be ifunded. The County's estimated cost of construction is $746,600 which . 11 be funded from $584,300 in the EDA $127 300 from Immokalee Water a~d Sewe~ District and $35,000 of county funds if they are needed ~hfs application must be submitted prior to June 8 so the request for ~tion to sign the application has some urgency Commissioner Shanahan asked if the $584,300 and the $1~?,300 from }~%~.~mokalee Water and Sewer District, plus the $35,000 from the Airport ii. Development Fund covers the estimated construction costs at this t~me. Mr. Shreeve said this is correct and Commissioner Shanahan asked what the estlmates prove to be low? Mr. Shreeve said the matter will be back before the Commission if that occurs, but if Polycycle ~(can construct the plant, it will result in 50 to 75 permanent ~obs lnto the neighborhood and bringing in taxes. The company will ~build on property leased to them by the County on a f~fty year lease, safd. Shanahan moved, seconded b~ Co~-tssioner Goodnight 4/0, that Resolution No. 90-295 author/zing the Count~ to s/gn the application for an econo~/c development g~mnt be Page 78 '4 June 6, !990 ~i~'IATED FEES FOR ROAI~&Y AND UTILITY DESIGN SERVICES BY Mr. George Archibald explained that this item Is a recommendation .to approve a negotiated fee for the consulting services for deslgning fthl O0odlette-Frank road extension project northward about 2~ miles to ~'..~ Cowry Road 846 (Immokalee Road) The Board has deemed this pro~ect a priority and staff and the consultant have come up w~th a plan to ~ complete the design portion within four months, he sa~d, and the fee covers the road design, Inclusion of utility design work and some con- ~tingent Items Involving construction/inspection for the utility work. road design will cost $142,220 and the utility design lump sum W~ll be $86,238 w~th a contingent Item for construction. He noted ~f the construction ts done by an outside consultant, the cost of ~:[that will be about $40,650. Today, Mr. Archibald continued, the is only for approval of the negotiated f~e and the terms and wlll return to the Board with a standard consulting services a~eement which will be reviewed and approved by the County Attorney's Off,ce. · /~.' Mr. Archibald said this roadway segment will serve as ~ ~mportant link, r~ilevlng U.S. 41 of some of the traffic burden southbound and northbound. Commissioner Volpe asked If there is not already some design work completed for the corridor from Pine R~dge northward, and [Archibald explained that the firm of Agnoll, Barber and Brunda~e, Inc. has already done some design work on a sewer-force main that ~s ~n :'~that corridor already and this is reflected not only ]n the bid but also in the shorter time-frame. He rem~nded the Board of ~heir e~ressed desire to have th~s under construction ~n the f~rst of 1991. ~°~ss]oner Hasse asked if assistance might come from any of the y owners along that corridor. Mr. Archibald said they may be [~Partfcipat~ng in some of the utility work, and this activity may be Page 79 oO4ss June 6, 1990 through impact fees or other commitments,. Commissioner :Volpe asked if the county already has the right-of-way, and Mr. i Archtb&ld replied afflrmatlv,~ly, saying the two-l~n, exte~lslon will lie within the old railroad right-of-way that the county purchased ~.some time ago and the future four-lantng will necessitate an addt- right-of-way purchase. Volpe ~oved, seconded by Co~lsatone~dnt~ht ~nd --4/0, to ~r~ the fill n~ottat~ fe~ for roa~y ~ uti- ~ ~te~ton project ~n C~ica ~ad S~th ~- Page 80 June 6, 1990 ~ BAY LTD., A~D WITH ROOI[ERY BAY UTILIT~ COMPANY ~" 'A~; ~ A~~ OF ~ ~ILITI~S FACILITIES - ~~ Mr. Bill Temby, Utilities Department, explained that th~s ~s the :....' Rookery Bay Apartments Utilities acceptance documents for water and ut~l~ties, normally handled unde~ the Consent Agenda. ~e sa~d all documents are in order and have been reviewed by the County A~to~ney's 0ff~ce, therefore, it ~s staff's recommendation tha~ ~he /Board approve the agreement. ~ ~X~er ~1~ht ~d, second ~ C~issXo~r S~ '~ ~ 4/0, to a~rove the utX1Xk~es facilXties acc~e ~- OR BOOK 1538 Pages 1526 - 1557 Page 00550 June 6, 1990 !!MA~MIAI[~ CI~[TS INC. TO PROVIDE BOND BY MONDAY, JUNE 1! AT 5:00 P.M. O1~' BXD CO~FI'I~ 89-1453 ~ 89-1454 WILL BE C~CELLED; ~ IF ~~ ~ C~LED, ST~ IS A~ORI~D TO WAI~ ~ CO~TI- ~,~ :~ T~ B~ING ~ m~ co~ wI~ ~o~ ~R (WA~ ~LES, Mr. Leo 0chs, Administrative Services Administrator, Mr. Skip "! Camp, Director of Facilities Management and Mr. Bertin Karpinski, ~. Engineer, brought to the Board's attention a performance problem ' experienced with the carpet vendor, Mahogany Carpets Inc of Dalton, Georgia. Mr. 0chs stated that on October 24 1989 the Board awarded · a two-year contract to Mahogany Carpets for the procurement and installation of carpeting, and subsequent to that award the project !~ architect on the courthouse project as well as the Facilities ~'~Management staff were in communication with the vendor to finalize {.'Co/or selections and to further test the products to be certain they met design specifications. There was no indication from the vendor that any problem would arise in meeting the delivery and installation ~i'schedule outlined to them in a letter on April 16, 1990, he said. In that letter, he continued, staff asked both the President and Vice President of Mahogany Carpets to acknowledge the construction schedule by signin~ the letter and returning it to Facilities Management, which was done. i" Mr. Ochs stated that on-going contact was maintained with the ven- dor with no indication of problems until Thursday, May 31, when a faxed letter was received from Mr. Charles Smith President of %iMahogany Carpets, advising that they would not be able to deliver the .~product on June 4 as agreed, and the earliest the carpet could begin be installed would be on 3uly 2, 1990. He noted that staff met !iii"tth Mr. To. Conrecode, Director of Capital Projects Management, to determine the schedules for the facility and determined that those '/terms were not acceptable, necessitating new bids from vendors that bid last October. Having done that, he continued, they have ~brought a recommendation to the Board to award the contract to Wayne les Carpet Company for the delivery and installation of carpel tile OO552 Page 82 June 6, 1990 for'the courthouse and health services buildings . ~ · . Mr Ochs said going the new vendor will increase the cost to about $50,000. Staff is ~'re,'~lesttng the Board consider the option of using rolled carpet on the ,....first three floors of the courthouse, as Mr. Wiles can provide that at ~ e lower cost, ship by June 20, thereby making it possible to meet the i. opening schedule of August 20, he concluded. Co~lssioner Hasse said the letter from Mahogany Carpets steted ' the carpet could arrive by June 29 and Installation could begin on [~ .July 2, which means the July 13 deadline would be a little later than anticipated, but $50,000 would be saved. Mr. Ochs stated that the "problem with the current vendor ts that the carpet mill is not in the business of producing carpet tile product and if this vendor is given opportunity to provide the product, and once again he does not deliver, there will be no chance of opening the courthouse on the scheduled dates. C~mmiss]oner Hasse asked If the vendor is covered by a bond and >~ Mr. Ochs said no, because several carpet vendors (in a pre-bid con- ~%'~ ference) indicated they would have a problem securing a performance ~:.: bond; and this was a two-year contract with no fixed amount because at that time there was no f]rm indication as to how many or which buildings would need to have carpet installed from a construction ~oint. 'Commissioner Volpe questioned if staff had given Mahogany Carpets same opportunity to bid on rolled carpet as they had given Wayne Wi/es Carpet Company. Mr. Camp said no, they had given no other ven- :~,dor that opportunity because they were attempting to lower the high quotations received on the tile product, ~n order to provide the Board '~ With an option. Commissioner Volpe asked if staff had serious doubts about the vendor's ability to provide any type of product, and Mr. amp said that was correct. Commissioner Volpe asked ]f the buildings were ready for carpeting Mr. Camp said three floors of the courthouse building are ready, ' but the health services building is not ready yet. Page 83 OO553 June 6, 1990 Co~missioner Hasse asked if the $50,000 additional cost for Wayne ii'/: Wiles Carpet bid included the health services building? Mr. Camp said that did not include the health building. Commissioner Volpe said that the quote from Mahogany Carpet was !~ ~ about half the others to begin w/th, and that indicates an element of j~'~ risk. He asked if Executive Office Company was offered an opportunity ' to rebtd when the companies were invited to submit additional bids. Mr. Camp said that faxed invitations were sent to all vendors l~sted, 'on Thursday, May 31, and staff received four responses, but Wayne .iWtles bid was the lowest of the four. ~-<. Commissioner Shanahan asked about rolled carpet prices and Mr. Ca~p explalned that in October 1989 staff asked for bids on rolled ?-carpet and on carpet tile, and the rolled carpet specifications of 'last October were not the same as the carpet intended for the courthouse and health facilities. The rolled carpet listed in October's bids was intended for smaller installations and short-term or te:&porary office quarters, he added. (4r. Charles Smith, President of Mahogany Carpet, said hie company i:i has been a reputable company for fifteen years, was the lowest bidder, had a pleasant relationship with staff, and he feels his company can · save money for the County and provide a superior product. Mr. Smith said he had turned the contract over to his Vice-Pres/dent, Bo Rogers, to administer and Mr. Rogers attended all production meetings, on progress and also indicated that deadlines would be met. ~ He said when he discovered there was a problem with the account, he took steps to find another manufacturer who could provide a compatible color and ship it quickly. He stated that he has sent Mr. Karptnskt a new carpet sample, but has heard no more from him and he says he has instal/ers on hand and can get this Job done timely. Mr. Smith added that he can provide rolled carpet by the square yard that will meet specifications and be less costly, providing 38 ounce goods at no .!!'il additional cost, and he would guarantee the would be on site ten days from the day the approval is given. i:i~>i~ Commissioner Shanahan asked Mr. Smith if he is willing to back up commitments with a financial guarantee that the Job will be coapleted on time. Mr. Camp interjected that they had a guarantee ~ last October and staff cannot recommend continuing this contractual 'relationship, for the county has no specifications promised and no price has been given. Mr. Smith assured the Commission he will handle the account personally. Mr. Camp commented that Mr. Rogers was the Vice President of the company, and both the President of the company and the Vice President of the company had promised delivery and ~,!~'.tnstallatton of the carpet as specified, and have now lost credibility with staff. 4' Commissioner Volpe asked Mr. Smith by what date he can provide tile carpeting, and the answer was June 29. Mr. Camp said if the car- peting is not received time/y, it will put the courthouse opening a month behind; he added that Wiles Carpeting can meet the deadline. Mr. Dorrlll spoke to the opening dates, saying substantial comp/etlon ! be about August 1§ and there may be minor punchlist items to be sorted out, but the actual first day in the new courthouse when it will be fully operational with court in session will be on or about October k or earlier. Mr. Camp and Mr. Dorrtll suggested that a cash bond be posted. Mr. Dorrtll said he is seeking authorization from the BCC to require a cash bond of 10~ or a 100~ performance bond from Mr. >~, i Smith, and if this cannot be accomplished, staff should be authorized ...,to go out for bids. Mr. Camp said that the point of this discussion :~ :Is that Mr. Smith and Mahogany Carpet have failed to fulfill their contractual obligations. ~/mtoner Shan~h~n ~ov~d that if Mr. Smith does not ~eithe~ m lO pero~nt cash boml or a 100 percent perfor~auce bon~ on the teT~ ~n~ ~ttio~ of the current contract ~yMond~y, June 11 at '5:00 p.m., the County Manager and County Attorney ee authorized to execrate a contract for tile carpet with another v~ndor. Mr. Smith said that he has concerns that he cannot work with staff on this project because of personal animosities and County Manager Page 85 00555 June 6, 1990 ~::'D°rrill said that he will be working directly with Mr. Smith. 'i..~ Co~uatssioner Volpe asked for clarification on the type of car- pettng, and Mr. Dorrill said it will be tile carpeting at an addt- i"-..tional cost of $50,000. Commissioner Volpe asked if all the carpet that had submitted bids previously can be asked for bide once again and Mr. Dorrtll said it was not legally viable, since the bids ';~have been disclosed. ~lon~ 6oodntght seconded th~ ~otton, ~ld the ~otto~ C~t~led 14/o. P~ge 86 .... June 6, 1990 ~:'~i~l~t"T' Clerk Hoff~ln r~plecld D~puty Clerk B~lch ,'~~ ~ ~ OW 6/~2/90 · Co~t~ ~an~ger Dorrlll stated that this lte~ ~a8 continued ~rom :~ week. He advised that staff has accomplished what wa~ ~ntended, that the basic tenants of the agreement for the next three .Fears solid waste co~lection rates wil~ be balanced between Naples and .? ~d remain frozen. He indicated that a mandatory collection )rovision ~d a m~datory resident/al recycling program are included. ~-~ He advised that the fu~l terms of the contract will be presented next ~ek at the June 12, 1990, meeting. Mr. Bob Krasowski stated that the Executive Sugary ~ggests that ~.staff will be gotn~ out to bid on the subject contract, ~d noted that he is in favor of com~etitive bidding. He explained that he heard "that Waste Management is now concurring with staff*8 offer and an agreement has been worked out. He related that he believes that '~ the responsibility of the Co~ission to solicit bids and suggestions from other companies to collect solid waste and determine which firms ~y~ have something to contribute relative to the collection of 'c~ables in Co,lief County. He udvised that there ie the hor- ~ttcu~tural component of the waste stream, i.e. la~ clippings, wood ~/.ch~ppings, a~d land clearing debris ~htch are valuable materials, and noted that he knows of two individuals who have expressed a desire to .operate a composttng o~eration on a portion of the landfill property. In resgonse to Mr. Krasowski, Co~issioner Volpe explained that the isle of the contract being let competitively was resolved ~ the Co~tselon several months ago. He indicated that County R~ager wlli be presenting the contract to the Co~iesion next week, ~ ,~d if it does not represent a competitive negotiated amo~t, the a~ternative would still be available to ~o to an RFP. Mr. Krasowski suggested that bids be received for the various com- ~'ponen~8 of the waste stream mater/als He reported that he is in June 6, 1990 ..~.- .of nandatory collection, but the people should have th· oppor- ..tunit~ to have their garbage collected by whomever they choose, and !i,:cited that he is opposed to Waste Management, Inc. being the sole collector in Collier County. County Manager Dorrill affirmed that this item will be on next ! regular agenda. Xtra ~AOB ~ ~ R~D~ON, YOUNG ~?~'~ ~ ~~TIO~ OF - ~~ IN ~ ~ NOT TO ~CEED $~6,000 County Attorney Cuyler informed the Co~ission that this item Is a reco~endation for approvaJ of an agreement with Henderson, Youn~ Co., Inc. for the preparation of an Emergency Medical Services Impact Fee Study. He sta~ed that Emergency Services Administrator Reardon called hl~, and as a result of meetJ.ngs that have been held, there ~1~ be a ~elJcopter Subsection and an Emergenoy Management or Disaster Preparedness Subsection, as opposed to merely Emergenc~ Medical Services. He noted that the agrsement is in a not to exceed : ~t of 8~6,000. Co~y Attorney Cuyler advised that he has conferred with Mr. Yo~g ~d was informed that the Library and the Parks Impact Fees need to be updated. He indicated tha~ Mr. Young has a~reed to do the work %o u~te the Library Impact Fee at no additional charge. He noted that he will discuss ~he update to ~he Parks Impact Fees with ham, but ; .is ~certaAn as ~o whether this can be included for the s~e amount of mone~. ~ ~i~ 4/0, to ~, X~., for ~he pre~ration ~. ~ 8~ ~ to Cowry Attorney Cuyler stated tha~ any other re~ests for propo- ::~sals wall be waived at this time. Page 88 June 6, 1990 DISC, UB~IOII OF WJ[GGIIIS PASS MSTU - DEFERRED UNTZL IlIA'VIEW OF CAPITAL ~,:-: · County Manager Dorrill stated that Commissioner Saunders placed :this item on the agenda as requested by Mrs. Emily Maggio. He ' explained that Mrs. Maggto had to leave the meeting, but she indicated ,::!]i.that she will defer this request until the day of the Capita/ Improvement Budget review of the Wiggins Pass MSTU, and will be encouraging the Commission to dissolve the ad valorem element of the district. · H~OLUTION 90-296 PROVIDING FOR ASSKSSMENT OF LIEN, FOR TH~ COST OF ABAT~NT OF P~BLIC NUISANCE ON LOT 8, BLOCK ?, IN CARSON'S ADDITION, "LOCATED Il I~, FLORIDA, ~RN~ST TAYLOR, LZONA DAVIS, WIIIFRED ~X~lS ,aD ~ ~-207 F~OVIDXNa FOR ASSKSSMKNT OF LIEN, FOR TH~ COST OF OF I~FSLI¢ NUISA~Z 0N LOT 11, BLOCK 61 0F MARC~ BZAC~ UNIT ~ T~O,=PAUL ~ AND ALB~I~TIN~ ST~ENHOUT, AND ALFRED CORTRALS AND 90-298 FaOVlDINe FOR Asszsma~rr oF LIEN, FOR YaZ COST OF ,ii%ia~aT~OF lq]BLI¢ NUISANCE ON LOT 34, BLOCK 254, MARCO BHAC~ UNIT 6, 90-299 P~OVIDIN~ FOR ASSKS~NT OF LIKN, ~R ~ C~T 0f OF ~IC ~IS~C~ ON L~ 3 BLO~ 252, ~CO ~ 8O ~ 90-~O0 PROVXDXNG FOR ASmSMKMT OF LI~M, FOR TI~ CO~T OF ~ OF IRF~LXC NUIS&NC~ O~ T~FT 10, BLOC~ 203 I~ZRCO B~&C~ ~ 7 ItOBKI'T M. ~I&DIII:G ~ C~OL H. ~A~O q -F,t- '; i~FTX~ 90-301 PROVIDING FOR ASSK$SM~MT OF LI~N, FOR ~ COiF OF ;,:/;i &B&T~I~IT 0~ FUBLZC MUISJLMCE OW LOT 13, BLOCK 136 MARCO B~kC~ UNiT 5, ; ~I~TT, KATe, A~D 9~HOLLT, P~RSOMAL lt~PR~S~ITATXV~ OF T]~ JOAN BARRY Xt~ ~14&~ m4~e~rxoM 90-302 PROVIDING FOR ASS~SSM~IIT OF LX~, ~R ~ C~ OF ~~ ~ ~IC ~lS~ ~ ~ 8, BL~ 180 ~CO ~ ~T 7, 90--304 FROVXDZFO FOR A~m~M~T OF ~ 20, B~ 9, ~ m ~, ~ ~XC ~X~ ~ LX~, ~ ~ ~ OF See ~es ~ - ~l~t~ ']I~OLUTZON 90-308 PROVIDTNG FOR ASSESSMENT OF r-ZEN, FOR THE COST OF OF PUBLZC J~SA]ICI ON LOT 6, BLOCK 299 OF MARCO BEACH UNiT 90--306 PI~iDXNG FOR ASSN.~SM~IIT OF LI~, OF ~ 28, 120, FOR T~ COST OF OF R~PLAT OF 123 AMD 132 OF MARCO B~.CH UMXT~ 1 AMD 4, See Pages ~~ :ii". ~msog,~'~m oo-ao? PaOVXnZWe FOR ~SXS~ or LZ~, ~n ~ ~ o~ lC ~X8~ ON L~ 11, BL~ 88 mCO ~ ~XT 5, ~~. , m14,&18 Jun~ ~, !990 90-30~ FROV~II~G FOR A~S~SI~NT O~ L~, ~ ~ C~ 0~ ~ ~C ~S~C~ ~ ~ 29, B~ 218 ~ B~ ~T 7, .:)/~(~ · ~, P.E.V., B.V.r Z~ .J~O~UTIG~ ~O-309 PROV/DINO FOR ~SS~SSM~T OF LI~, ~ ~ ~T OF ~~ ~-310 ~IDZNG ~R ~SKS~ 0F LZ~, ~R ~ COST OF :.,: IFrlLT~ ,lard ~ .~. s~'~xc-*gg~-t Ite~ #14~I9 . . ]~Or*uT/G~I 90-312 PROVIDING FOR ~~ OF LI~, ~R ~ ~ST 0F ..;:.'~~ OF ~IC ~IS~ O~ ~ 33, BL~ 58 OF ~S P~ ~ 5 ~A. ~0 See Pages ~__ J~K~Or, QTZ~ 90-313 PROVIDI]I~ FOR USESSI~IIT Or LTKN, FOR ~ C~ OF ~~ ~ ~lC ~S~ ON L~ 41, B~ 371 OF ~0 ~, ~T ?'~- ' See Pages Xt~ ~21 · ~X~ 90-314 ~DZ~G ~OR ~~ O~ ~, ~ ~ C~ O~ e14A22 90-315 FROVTDII~G FOR ASSleSSI~]IT OF LZKN, FOR TIIK COST or 01~ POBLIC HUISAI~CK ON LOT 8 BLOCK 325 OF MARCO BEACH DIGIT p&TRICIO BKLTRA~ See Pages 90-316 PROVIDZIIG FOR ASSKSSMKNT OF LIEII, FOR ~ COST OF OF POBLZC HUZSANCK ON LOT 25, BLOCK 189, URZT 6 PART -- A. Et_~RTDGg '~ ~ June 6, 1990 See Pages ]~}~T~O~ 90-~IT FROV~DING FORA SSE$~ OF LIEN, FOR ~ ~ OF ~O-31g F~VIDING FOR A~S~SSI~IIT OF LZ~N, FOR ~ ~ OF ~ ~lC EISU~ OR L~ 22, B~ 142, GOLD~ ~, ~T · l~-~l~7 · · O-320 FltOVIDZNG FOR A~S~SI~T OF LIEN, FOR TI~ COST OF _ OF I~BLZC NU~SAIIUE ON LOT 2~, BLOC~ 2?? GOLDEN ~T~, UI~T 8, .~ART 2, ~I~TI~TOII OF V~/~aw~ AFFAZRS Ire ~14~2~ See Pages ~ 90-321FROVZDZNG FOR JI~SE$SI(~JIT OF LZ~N, FOR TH~ CO~T OF OF PUBLIC ]IUZSAXC~ ON LOT 28, BLOC~ #B~ GOODL&ND Z~L~ JOHN Ztlm ~14&29 ~~ OF ~LZC ~ZS~CE OM L~ 2 BL~ 420 OF ~ B~ ~T Zt~ ~14Jk~0 · 0-323 P~DVZDZIIG FOR &SSB~351d~NT OF LZB:N, FOR .~r~ COST OF "~AB&-'~IBI~Ir~ ~ L~F~LZC ]IUI$&IICK ON LOT 12, BLOC~ 232 OF ~ BNJtCH UNIT 7.~':" _~, N&i~/]I I. ILBISR~f FIULNIC R. -C~--qIGLIAr AND CR~A_RLKS J. C~IIGT, ZA Xtra *. · ___J~:~O~OJl 00-324 PROVZDZNG FOR ASSKSSMB3IT OF LZKN, FOR ~.T~. ) OF F~BLIC EISAlqCE OI LOT? BLOC~ 135, GOLDEN ~ CO~T OF ., -I. 0lifT.GA AJrD LrV~LYR C. OR'T~_~A '*~'i, lten #lda~2 3lane 6, 1990 '~l~1'~ON 90-325 P~tOVIDING FOR ~~ 0F LI~, ~R ~ ~ OF :~~ ~ ~lC ~S~ ~ ~ 5, B~ 343, ~T 10 O~ ~ Mlr~T.~ .~:~'1~-~3 , ~ See Pages 90-$2? I:~OVIDIN6 ER ~SlS~ OF LI~, ~R ~ C~ 0F ~IC ~I~ 0N ~ 26, B~ 118, ~ ~ ~T 4, See Pages ~ OF "LELY ISr~WD ESTATES" - WITF STIPULATIONS I. Accept the construction and maintenance and escrow a~reement as security to ~arantee completion of the subdlvis~on vements. Authorize the recording of the Final Plat of "Lely Island Estates." ~14ll Authorize the Chairman to execute the construction and ~atn- tenance and escrow agreement. That no Certificates of Occupancy be granted until the required Improvements have received preliminary acceptance. Se. Pag.. & - H_//. / - HH. / csa~,x~rs~ eon cmmzc-fro~ ~ ~ ?~ ~LLS AS ~,aEsn.fx~ ~ Trix TAIlGIBLK PERSOIIAL PROPERTY No. 132 Dated 05/23/90 Tt~m~ 924~2 ~ ~ TI~ LAE]~, DR. N~RM&N_. ANDNRSEN AND BVA M. ~n , ' See Pages ~ ~2 ",~~ OF ~I~ ~R GO~ ~, ~IT ~, BL~ 2~4, ~ 1~, ~. ~ PA~I~ N. WAGON : :' Page 93 June 6, 1990 See Pagee JUT~CTION OF LI~ ~R ~LD~ ~ CZ~, ~IT 6, S~ 198, ~ 6 :"[ ~&TI~f~ OF LI~ F~R ~OLD~ ~T~, UNIT 6, PA~T !, BLOC~ 203, LOT '-,~IT~F&L"f~ON OF LIKI ]'OR NAPLES ~R ~S B~ 6, ~ 10, 3~ .'. f, ATISIPACTIOll OF LIEI FOR KILqCO BEACH UNIT 1, BLOCK 26 LOT 11 · .". SALVATO~ C. SCUI:F~T, ~ ' ' ii'J: ' Se.e Pages , ,, Xt~ dtl 4,30 OF LIKN FOR MARCO BEACH UNIT 6, BLOCK 243, LOT 25, SeePages .~d -D~._.~,,/ See Pages WISC~LAIBOqrS COiO~SPOJSO_~_CE - lin~o AI~)/OR ~~D The following miscellaneous correspondence was flied and/or red to the various departments as indicated below: Letter dated 6/16/90 to Chairman Anne Goodnight, Southwest Florida Regional Planning Council, from Thomas G. Pelham, Secretary, Department of Community Affairs, re Gateway; File Nos. ADA-984-025 and BS7533. xc: Nell Dorrtll, Frank Brutt and filed. Letter dated 5/22/90 to BCC Chairman, from Patrick Kenne¥, Environmental Specialist, Florida Department of Environmental Page 94 June 6, 1990 Regulation, re: Collier County - WRR, File No. 111805735. xc: Nefl Dorrtll (letter only), attachments and letter to Harry Huber, Bill Lorenz and filed. Notices dated 5/38/90 from Florida Department of Environmental Re~ulation, advising of public workshop, Technical Advisory Committee Meeting, Proposed Rulemaking and Summary of Estimate of Economic Impact of the Rule. xc: Neil Dorrill, Bill Lorenz, Bob Fahey and fi/ed. Letter dated 3/14/90 to BCC Chairman from Fred J. Fagergren Superintendent, United States Department of the Interior, with attached plan, Big Cypress National Preserve 1-75 Recreational Access P/an/Environmental Assessment. xc: Nell Dorrlll and Frank Brutt (letter only), copy of plan to Clerk's office and filed. Memo dated 5/17/90 to BCC Chairman, from Fran P. Mainella, Director, Division of Recreation and Parks, Department of Natural Resources, re Save Our Coast Beach Access Initiative. xc: Neil Dorrill, Harry Huber, Bill Lorenz and filed. CC of letter dated 5/17/90 to Mr. Richard Baker, VP, The Scottsdale Co., re Approval of Time Extension, Permit File · CO-207, Permittee Name: The Scottsdale Co., from Kirby B. Green III, Director, Division of Beaches and Shores, DNR. xc: Nell Dorrill, Harry Huber, Bill Lorenz and filed. CC of letter dated 5/21/90 to Mr. and Mrs. Thomas Hutchinson, from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, D/vision of Beaches and Shores, Department of Natural Resources, Notice to Proceed, Permit #CO-268, Permittee Name: B. Thomas and B. June Hutchinson. xc: Neil Dorrill, Frank Brutt, Bill Lorenz and filed. Minutes Received and Filed: A. 5/07/90 Citizens' Productivity Committee. 5/15/90 Marco Island Beautification Advisory Committee Special Meeting. Notice To Owner and Demand For Copy of Bond, dated 5/22/90, from APAC-Florida, Inc., advising that it has furnished or is furnishing labor, equipment and materials to tack and pave with 1" Type II Asphalt 31st & 33rd Streets (Golden Gate City), under an order given by Mitchell & Stark Construction. xc: Neil Dorrill, Steve Carnell, John Yonkosky and filed. 10. Notice To Owner dated 5/24/90, to BCO from Ruck Brothers Brick, Inc., advising that have furnished or is fur- nishing tile materials for the Courthouse Complex, under an order given by Creative Tile Concepts, Inc. xc: Neil Dorri]l, Steve Carnell, John Yonkosky and filed. 11. Notice To Owner dated 5/24/90, from Tri-W Rentals-Collier Branch, advising that it has furnished or is furnishing ren- tal sales and construction equipment and supplies for the North Regional Wastewater Job under an order given by Addison Construction. xc: Nell Dorrill, Steve Carnell, John Yonkosky and filed. Notice of Public Meeting from The Land Acquisition Advisory Council re a meeting to be held on 6/11/90 in Tallahassee. Filed. 13. Application of Rookery Bay Utility Co. for amendment of Certificate No. 383-S in Collier County, from the Florida Public Service Commission. Fi/ed. Page 95 14. June 6, 1990 United States District Court Middle District Of Florida Order re Leonard W. Yanks, plaintiff vs. Polk County Board of County Commissioners, et al., Defendants, Case #88-878-CIV-T-17. Filed. There being no further business for the Good of the County, the meeting ~as adjourned by Order of the Chair - Time: 5:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONINO APPHALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL minutes approved by the Board on presented / or as corrected Page 96