Loading...
BCC Minutes 06/19/1990 R Naples, Florida, June 19, 1990 j'... LET IT BE REMEMBERED, that the Board of County Commissioners tn ~n4ffor the County of Collier, and also acting as the Board and as the governing board(s) of such special dlstrtcts as ihave been created according to law and having conducted business .here~n, met on this date at 9:00 A.M. in REGULAR SESSION in Building )"F".of the Government Complex, East Naples, Florida, with the ~'f°llowlng members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe · Richard S. Shanahan Burr L Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Sherry Keaton, Recording Secretary; Ell~e Hoffman and Harriet Beech, Deputy Clerks; Nell Dorrtll, County Manager; Ron Assistant County Manager; Thomas Olltff, Assistant to the County Manager; Ken Cuyler, County Attorney; MarJorie Student, and David Welgel, Assistant County Attorneys; George Archibald, portation Services Administrator; Frank Brutt, Community U~Development Administrator; David Pettrow, Development Services Director; Ken Bagfnski, Planning Services Manager; Ray Bellows, Ron , Bryan Milk, and Philip Scheff, Planners; Ron Jamro, Museum .~: Director; Jeff Adair, Environmental Specialist; Sue Fllson, Ad~in~strative Assistant to the Board, and Deputy Byron Toml~nson, .,~ JJrD co~szwr IG~NDI - ),P~aOV~9 ~T~ C~JUIO~S ...Co~llsioner Saunders ~oved, seconded by Contssioner aoodntght [~d-c~-F~ed4/1 (Conisstoner Volpe opposed) that the agenda and con- be approved with the following changes: /'.. 1. Item 9B6 - Recommendation to approve an Interlocal Agreement :~. between the Board of County Commissioners of Lee and Collier County for the Planning/Design Phase of Bonita Beach Road - Added. (Staff's request). 2. Item 9F! - Authorize Chairman to sign the Agreement with Collier Health Services, Inc. for the purpose of funding the Immokalee Interim Medical Assistance Program authorized tn '- Board action on May 22 1990 - Added (Requested by :.: Commissioner aoodnlght). 3. Item 9H4 - Recommendation that the Board of County Commissioners execute the attached Lease Agreement between ~;: the State Department of Natural Resources and Collier County ~' for beach property North of Wiggins Pass and South of the 31 County's Barefoot Beach Preserve Property. Added. (Requested by Staff). To be heard at 10:00 A.M. 4. Item 9H3 Contract with Digital Equipment Corporation - Deleted. The Executive Summary and back up material re this item are shown on the Consent Agenda. 5. Item 14G2 - Recommendation to authorize negotiations for contracts to provide recycling/volume reduction services of ./. waste materials at the Naples Landflll- Deleted. (Requested by Staff). 6. Item 14B1 - Recommendation for approval of a plan to control access on Janes Scenic Drive between dusk and dawn consistent ~. with the requirements of the Florida Department of Natural Resources - Continued to 8/7/90. (Requested by Commissioner Goodntght). 7. Item 14E3 Moved to 9El - Recommendation to approve and exe- cute a proposed lease agreement between Collier County, a Political Subdivision of the State of Florida, and Commerce !~ Centers of Naples, a Florida Partnership, for the continued ,.~',, utilization of office space by Collier County Sheriff's Office. (Requested by Staff). 8. Item 10G - Preliminary analysis, discussion, preliminary recommendations and request that the Board of County Commissioners set a date for the optional public hearing, pursuant to Section 190.005(1)(3), Florida Statues, to con- sider Lely Development Corporation's petition for the ~., establishment of a Community Development District pursuant to ;,.' Chapter 190, F.S. - Continued to 7/31/90. 9. Item 12B - Consideration to reconsider Four Lakes Petition at the July 24, 1990 Board of County Commissioners' Meeting - Added. To be heard at the beginntn~ of the meeting. :. (Requested by Commissioner Goodntpht). RF. GULAR BCC MEETING OF APRIL 24, 1990 - APPROVED AS 3use 19, 1990 ...>- loner Sl~z~nlx~n ~ovsd, seconded by Contsstonsr Goodntg~t .ed-un~nt~ou~l¥, that tbs minutes of tbs regular BCC .&pr!l 24, 1990, be approved as presented. mpr, o~r~ szxv~cn ~u~u~Ds - Commissioner Hasse presented Employee Service Awards to the followtn~ employees: Ron Jamro, Museum Director - 10 years James E. Martin, Road & Bridge - 10 years Pedro Ramos, Road & Bridge - 10 years *David J. Pettrow, Development Services - 5 years i : Leroy Payne, Road & Bridge - 5 years Couissloner Goodnight stated that she requested that this ftem be ,added to today's agenda, noting that she understands that there has en & reduction in density. Commissioner Goodnight ~oved, seconded by Conisstoner Shanahan c~t~ 3/2 (Co~lsatoners Volpe ~ Hues op~sed) t~t t~ F~ ~'Petttton w/il ~ reco~t~red at the reeler ~C meeting on 3uly 1990. O~I~CI 90-55, ~ PITITIOI R-89-22, (CO~ION TO P~ITION ~-89-18), ~lS A. D~, OF CO~T~ ~GI~ERING CONS~T~S, INC., ~ING T~S~CH, INC., ~Q~STING A ~ZO~ ~ON A-2 TO RO C~ZON ~VISION~ USE ~B~ ~ ~N~ FOR A ~INA, BOAT ~, PRIVATE CL~ ~ YACHT CL~S LOCATED SOUTH OF BONITA B~CH RO~ (C.R. 865) O~ NILE ~ST OF V~ERBILT DRI~ - ~ED ~0xI~rz~y Lega~ notice havin~ been pub~ished In the ~ap~es Dally Ne~s on 3, 1990, as evidenced by A~ldavit o~ ~ub~ca~lon ~l~ed wlth the ~'C~erk, public hea~ng ~as opened to consider ~R-89-22/Tempustech, ~nc., ~ep~esented by ~rls Dane of Coastal ~glnee~lng Consultants, mc., reques~lng a change In the zonlng ':~i~sst~tcation from ~-~ R~ral l~ric~lture to RO Recreation Open Space ~r:.property located on the south side of C.R. 865 (Bonita Beach Road) ' 'y ~apProxtmately one mile west of C.R. 901 (Vanderbtlt Drive), ""~.-. 6, To, ship 48 South, Range 25 East, Collier County, Florida, Pa~e 3 June 19, 1990 g 2.41~ acres. -planner Milk advised that this petition was reheard by the ~'Collier County Planning Commission on June 7, 1990, as per direction the Commission since there was a substantial change to the original *; .petition and companion item. He indicated that his presentation will · addre£s the subject item, in addition to Companion Petition PU-89-18. Mr. M~.k reported that the Petitioner is requestin~ a rezone from "A-2" to "R0" and Companion Provisional Use "B" and "N" of the RO Zoning District, for a marina, boat ramp, private clubs and a yacht '*;club. He indicated that the proposed marina will include 26 wet slips '. end 60 dry slips loc,ted Jn a 10,000 SF buJldlnU, H~ mtated that ths facility will store boats in the 0-26 foot range, and the yacht club private club be be housed in a 2,500 SF building with an open air !deck and a swimming pool. He related that the subject parcel is 2.41 Mr. Milk stated that land to the north is Bonita Beach Road and ~the Lee/Collier County border and ]'is vacant and zoned A-2, Little Hickory Bay surrounds this parcel to the west; land to the south consists of Little Hickory Bay; land to ,the east is vacant zoned C-4, and a site plan for a commercial plaza has been approved for this site by County Staff. ~-. Planner Milk explained that the Future Land Use Element of the ~Growth Management Plan identified a need for additional marina storage ~to meet the demands of population and boat registration Growth. He ~orted that from 1986 to 1999, 1,043 wet slips and 994 dry slips 'will be required to meet the existing level of service for small boat !.storage. He related that there are two existing marinas within a one- ..quarter mile radius of this petition. Mr. Milk noted that Staff has reviewed the applicant's Traffic '; Impact Statement and has determined that the site ~enerated traffic will not exceed 5% of the Level Of Service (LOS) "C" volume on Bonita ~ach Road and Vanderbilt Drive, but the revised traffic counts on 'B0nltm Beach Road show that it is currently operating at LOS "F". In Page 4 June 19, 1990 he remarked that the road is projected to continue to below its adopted service level for at least four to five more - '- because of lack of funding from Lee county. ~ Planner Milk advised that the Collier County Planning Commission held their public hearing on June 7, 1990, and recommended that Staff ~[delete StiDulation B", under the "Planning" heading. .. -?::. Mr. Milk stated that Staff has concluded that this petition is consistent with the Growth Management Plan, and appropriate stfpula- "'tions have been designed to correct unfavorable impact that may be ~enerated by the proposed project and are included in the Agreement ?.?... ~'.'Sheet, noted as Exhibit "C". Mr. Milk advised that the CCPC recommends approval of this peri- . .... subject to the stipulations as contained in the Agreement Sheet. With regard to the Provisional Use, Mr. Milk reported that the :hPetitioner is proposing to obtain "B" and "N" of the RO Zoning ..District for a marina, boat ramp, private clubs and yacht club. He advised that these items are consistent with the Growth Management ' Plan and the Future Land Use Element. ::.! Mr. Milk called attention to Stipulation "B", which was deleted, and noted that staff had concerns since the adopted LOS for Bonita '[]:'~Beach Road is "D" and the existing LOS based on traffic counts is "F". In answer to Commissioner Volpe, Mr. Milk explained that on the original request forwarded to the CCPC on June 7, 1990, Stipulation "B" stated: "CR-865 (Bonita Beach Road} shall be brought up to a Level of Service Standard as established by the Traffic Circulation /Element of the Growth Management Plan, prior to the granting of a f~nal local Development Order." ~( Attorney George Vega, representing the Petitioner, stated that it :.':was brought to the attention of the CCPC that if there were not ade- public facilities, an applicant would not be able to obtain a I.'. Certificate of Public Facility, but noted that this is a question of :;'{ Zoning, and either his client should be entitled to it, or he should :.not. He related that the traffic from this project will not be any Page 5 · '~ ' June 19, 1990 ~ore Intense than the amount of traffic that would be generated from £denti&l project. Mr. Michael Dombrowski of Coastal Engineering, stated that the originally proposed a marina, restaurant, boat ramp, and )rivate clubs. He advised that it was learned that the restaurant use is'the highest generator of traffic, the marina use would only enerate a~out 30 trips per day, and the private club would generate ~.mbout 41 trips. He explained that since the restaurant would generate about 35C trips per day, that use has been eliminated and the private ;club will serve as an amenity for the Lely Barefoot Beach residents. ~.i..' He noted that the traffic impacts will be reduced by 80~ of what was proposed originally, and the new proposal will reduce the Impact to of LOS "c". Mr, .Dombrowski remarked that Objectives 5,1 and 5,2 of the Blement states that significant impact on a roadway is .:aPproximately 5% of LOS 'C'. He reported that this has been minimized the 1%, in addition to agreeing to the Stipulations relative to mitigating factors. He stated that the petitioner is willing to donate 2§' of right-of-way to the County for the widening of Bonita Beach Road, and also to provide turn lanes. He explained that the Impacts have been minimized to the fullest extent. Mrs. Emily Magglo, Little Hickory Shores resident, stated that she spoke in opposition to the project, as originally presented, at the hearing. She Indicated that Bonita Beach Road LOS "F" Indicates that the situation is not getting any better. She noted that there ~.' are 86 units of condominiums under construction tn Lely Barefoot; Other construction on South Fort, in Lely Barefoot; another condo is In east of the subject property, and the Lely Barefoot Park create more traffic. She explained that she is not opposed to ':~ the development of the property, but it should be held off until the 'oad can accommodate lt. She indicated that at this time of the year the week, the waterways In this are are quiet, but on the '~;'we~kends during the season, a traffic cop is needed. She stated that ...,-,i.~, Ot)01O" .... ~:.~ :~ ~-~ June 19, 1990 ,tkle Hickory Shores has a 112 single family lots and although .everyone does not have boats, the potential is there. In addition, related that across the waterway from the subject property is !SOUth Port and there are 68 eingle family homesttes that will be !alloWed to have docks; Lely Barefoot has 14 docks, and application has bsen'~de 14 additional docks. She explained that she ts not opposed access, but questions the condition of the waterway, and how much 'additional can be tolerated without destroying natural resources. i:',~ .Mrs. Maggio stated that the letter from Mr. Dombrowski to Planning ' ',olu~tSsion Chairman Fred Keyes indicates that the private club is intended to be an amenity for the residents of Barefoot Beach. She i-:.qUestioned how many operations will actually be taking place, i.e. a boat ramp area that people other than members could utilize to launch in'which the memberships will be sold; the number of employees and ,.~ iarking; whether or not the clubhouse will be rented out for various , and if any catering will be taking place. .~ Mr. Dombrowski advised that with regard to the traffic issue, the ~ :','market will be focused to Lely Barefoot. He indicated that the analy- sis Indicates that there will be 71 cars generated from the project, '.~ 90X of these will be traveling toward Lely Beach Boulevard and ~. Beach, and the remaining 10X will be proceeding back to U.S. ;and Vanderbilt Drive. ~'In answer to Commissioner Saunders, Mr. Dombrowskl stated that 'there will be approximately 100-200 memberships to the facility0 and ','"noted that the boat ramp ts a launching facility for the boats that in dry storage. Commissioner Saunders asked Mr. Dombrowskl if he is willing to that there wlll be no trailering of boats to the facility ~'for launching by members? Mr. Dombrowskt replied affirmatively. · 'In answer to Commissioner Saunders, Mr. Dombrowskt stated that will be a short order kitchen to accommodate persons using the ~O1 or those going out on their boats, but noted that there will be Sune 19, 1990 Commissioner Saunders reported that the County has not conducted to determine the maximum capacity of the waterways, but noted ~. City of Naples has found that the waterways are not aa over- . :::. as they thought they were. He stated that this may be an issue to be addressed in the future. '::%: Volpe indicated that there will be public benefit project: turn lanes and the 2§' right-of-way. THere were no other speakers. Volpe ~oved, seconded by Cow~issioner Shanahan and - - ~'=~tTA~ 11nani~ously, that the public hearing be closed. · 'C~/uioner Saunders ~emved, seconded by Co~atssioner Volpe ~ ~~ly, t~t Petition R-89-22 ~ appr~ ~ t~t t~ ~~e-~ n~red ~ titled ~1~ ~ ~opted ~b~ect to all St~f of all closes; no tratlert~ of ~ts to t~ f~tli~- ~or~.'~~; t~ short or~r kitchen ~tll prt=tly pr~i~ ~- =~ for those ~ople ~t~ t~ .l--tq ~1 ~ t~ir [~ts ~ .tll ~ve ~ seatt~; the leah of t~ ~ate will ~ .'li~it~ to 26' ~d no laving on t~se ~ats t~t are ~red tn t~ ~t ~ entered into Ordlmce ~ok No. 39: O~IN~CE 90-55 AN ORDINANCE AMENDING ORDINANCE N0. 82-2 THE C0MPREH~NSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-3 BY CHANGING THE ZONING CLASSIFICATION FROM "A-2" RU~L AGRICULTURE TO "RO" RECREATIONAL OPEN SPACE FOR THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF C.R. 865 (BONITA BEACH ROAD) AND APPR0XI~TELY ONE MILE WEST OF C.R. 901 (VANDERBILT BEACH ROAD] IN '.~. SECTION 6, TO'SHIP 48 SOUTH, ~NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 2.41+ ACRES; AND BY PROVIDING FOR AN EFFECTIVE '?.'..'DATE · ~.~. · [*~-336, ~ ~ITION ~-89-18, (C~ION TO ~TITION ~'~IS A. ~, OF C0~T~ ~GI~ING CO~T~, INC., INC. ~Q~STING ~O~SION~ USE SBa ~ 'N' ~ .DIS~I~ ~R A ~INA, ~AT ~, ~IVA~ CL~S ~ YA~ LOCA~D SO~ OF BONITA B~ RO~ (C.R. 865) ~ ?~:~'.~::~ OF V~E~ILT DRI~ (C.R. 901) - ~D S~CT TO ;~~0~ ~ ~ED The presentation and discussion relative to this item was con- in conjunction with Companion Item R-89-22, above. June 19, 1990 'h'~~i~n~r Saundere ~oved, eeconded by Comieeion~r Volp~ ~ ~, t~t Petition PU-89-18 ~ a~r~, t~re~ ~lut~on 90-336, ~bJect to all Staff ~t~lat~o~ ~ ~i~latio~ t~t: t~re ~ a ~l~ of 2oo e~rl of ~ ~ailerAng of ~ate to the facili~ for l~hA~; kitchen ~ill pri~il~ pr~i~ a~ic~l ~ ~ for ~le ~i~ the ~i~ ~ol ~d their ~ate ~ ~ill ~ ~ l~h of the ~at~ ~ill ~ liaited to 26' ~ ~ livi~ Pa~e 9 June 19, 1990 L~%S~ .~ BETWEEN THE STATE DEPARTMXNT OF NATURAL RESOURCES AND COLLI~ COUNTY ~R B~ ~0~ NOR~ 0F WIGGINS P~S ~ SO~ OF ?~ :~S ~F~T B~ ~S~ - ~O~D; ST~ TO ~8~ IN ~S~ ~ATI~S TO P~ING ~ ACCESS ~~I~ ~OCESS 0F ~OPER~ Assistant to the County Manager Olllff stated that this Item re~est fo~* the Chairman to execute a lease agreement between the State Department of Natural Resources and Collier County for 5,000 ~ ltnear feet of beach property which is south of the County's Barefoot . Beach pauk. He affirmed that there will be a ribbon cutting ceremony on June 25th, to open the new Barefoot Beach Park Preserve. He noted .that Staff was directed to work with DNR relative to a lease agreement ;:..al/owing the County to own and operate the land to the south to Wiggins Pass. Mr. 011iff related that the lease agreement ts for a 50 year Period with no cost to the County, and provides the ability for the :ounty to open that land which Is to remain as preserve land, but will ~!i:give an additional 1-1/2 miles of public beach at the north end of the In answer to Commissioner Hasse, Mr. Olltff reported that when the .',- Co%hnty portion of the park is opened on the 25th of June, the public good access via an entrance road in the Barefoot Beach Preserve. i'iHe stated that Staff does need to submit to the State, a management Plan which shows how the public will get to the State's portion of the beach, and therefore, the parking lot materials may need to be altered keep this as much a preserve area as possible. - Commissioner Saunders stated that he presumes that DER permitting be required relative to the parking improvements, but noted that it would be advisable to look at ways to expand the parking oppor- '.?tunities tn that area. He remarked that this type of accomplishment ";' Indicates that the Board of County Commissioners is serious about pro- riding beach access, and he feels that staff has done a good lob. / :<'..Mr. Olltff advised that the Governor and Cabinet have approved ' ~ the lease agreement and forwarded same for approval. He noted that June 19, 1990 .are scrtvener's errors In the legal description and requested the County Attorney's office be given the authority to work legal staff to correct those minor problems. . · C~a~J~sim~r Shanahan ~oved, seconded ~ Co~tssl~r Vol~ t~t t~ C~t~ exerts t~ lam ~f~:~'~.~r~ ~rth of Ntggt~ Pus ~ s~th of t~ ,t'.~~t~ Sa~ero ~ed, second ~ Coniosio~r ~' to ~ Cmtsston tn Septe~r, alSo--tires relattu to Itial accesses to ~gtn the ~ttttng process to tncrene ,~,.,.., . . " '..)F '.' ,_ .,': :. '"":' ' June 19, 1990 O~D:i:~MICE 90-56, I~ PETITION R-89-3, MILLIAM R. VI~8 ~'~T ~. ~Y, ~UST~ ~ MCCO~ICK ~ D~LO~ ~ORIDA, I~C., ~I~ A ~ZO~ ~OM A-2 TO ~ LI~ ~ ~ ~T LIMIT OF I~TA~ 75 - Legal notice having been published tn the Naples Da~ly News on May $1, 1990, as evidenced by Affidavit of Publication filed with the ];:Clerk, public hearing was opened R. V~nes ~d Associates representing Quail West Limited Florida, ~e~eet~ng a rezone from A-2 to "PUD" Planned Unl~ Developmen~ for Project to be known as Quail ~est, located immediately conti~ous to '~f.the Lee Co~y Line and the eas~ ~Sec~ion 7 and 8, Township 48 Sou~h, ~ange 26 East, Collier Co~y, 'ida. ~':'..Pla~er N~no stated that this i~em ~a a petition requesting a from A-2 to "PUD", for property located along the Lee/Collier '~border, t~edia~ely east and contiguous He noted that all reviewing personnel have recommended approval of project, subject to a number of st~pulations which are ~ncor- Porated ~nto the PUD document. Mr. Nlno related that the petition is deemed to be consistent with the Growth Management ~lan, and noted that the petition as proposed will consist of .6 dwelling units per acre whlch tolerance p=ovided by the Plan of 4 th~s will be an upscale single family co--unity within a ~olf course env~ro~ent. He advised that the petitioner has concurred to dedicate .00' of r~ht-of-way along the west boundary of this property from its tthern extremity to the northern extremity for a north/south :[arterial road between Immokalee and Bonita Beach Road. Mr. Nino affirmed that reservation has been made, consistent with Growth Management Transportation Element, for a roadway runnin~ ~/~east/west across the southern port,on of Mr. Nino sta~ed that the Collier County Planntn~ Co~issAon has 'reCo~ended approval of this petition, and there were no objections June 19, 1990 ,the area reeidents. Mr. Nine explained that an issue of concern that was raised is the ~antee of emergency services to Oollier County residents. He )lained that responses from all emergency services providers indi- ~i'cate that they can service this project. In answer to Commissioner Volpe, Mr. Nine advised that Sheriff 'H%uAter's letter indicates that he can provide service but there will be a delayed time rate. He related that the north/south road is not Scheduled to be in place until the year 2015, but noted that the pro- Sect has been made subject to a satisfactory agreement with Lee County recognizing that they wtll accept the impacts of this development on Lee County facilities. ~e explained that no development will occur ?'until the agreement is forthcoming from Lee County. Mr. Nine stated that Staff is recommending approval of this peti- tion, subject to all stipulations contained in the PUD document. He called attention to refinements to the petition: Page 38 of the Executive Summary, Item "F" - delete the last sen- tence, "Corrective deeds shall be recorded once the plat is recorded." Mr. Nine explained that other corrections to the petition are con- tained tn his handout. i../?.~Commlssioner Saunders stated that there is the indication that i~-there will ~ adequate emergency services to the project, but there be some delay due to the type of route that needs to be used to get to the project. He questioned whether the applicant is willing to {!. add as an additional stipulation that would-be purchasers will be h. advised of the route that emergency vehicles will have to take and i:! that this will be included in the sales literature? · ' Mr. William R. Vines stated that he has no problem with the addi- tional stipulation as suggested by Commissioner Saunders. He pointed ' : out that a short distance west of the subject property is the Collier line and the only difference between this project and those f~lrther west is the peculiar Jog in the line between Lee and Collier Counties, but it does not increase any travel distance. Page 13 June 19, 1990 'C'O~mlssioner Volpe stated that he wants to be sure that the ~mpact ess for the Library, Parks, Water and Sewer are paid to Collier 3unt¥ and not Lee County. Mr. Nino stated that these will be added :osts to the developer. ~,';-Mr. Vines stated that initial water/sewer service will be from the North Naples Utilities Company which serves Quail Creek and the tmme- e'are. He explained that a provision in the PUD document states ~hat.as soon as the County's Regional System gets to that point, this .!~'i eot will then connect to that system. 'ii '~"~. There were no other speakers. Shanahan ~oved, seconded by Co~miss~one~-Goodn~h~ " ~a~?~~,un~ntmouml¥, that tbs public haartn~ be closed. :'~ Shanahan ~oved, seconded by Commissioner Volpe and ~u~mxubmonsl¥, that the Ordinance as numbered and titled below sub]eot to all stipulations as discussed, mnd amended; the stipulation as su~geste4 by Commissioner Saunders, and that I~lterlocml Ailreement to be ne~otimted will require that all impact ,.t~s for the library, parks, w&t~r a sewer will be pelt to Colliar ,:.'.-.'~ty, 8nd enterad into Ordtnancs Book ~o. ORDINANCE 90-~6 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING R~GULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 48-26 AND 48-26-4; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS QUAIL WEST LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR-846) IMMEDIATELY EAST OF 1-75, FOR SINGLE FAMILY RESIDENCES (NOT TO EXCEED 325) AND A GOLF COURSE AND RELATED FACILITIES, LOCATED IN SECTIONS 7 AND 8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 531.058 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ..... s~$ .'~ '.D~puty Olsrk Hoffman replaced Re¢ordin~ Secretary E~aton at this time R~BOLOTION' 90-335 FOR THE BOARD OF COUNTY COMMISSIONERS OF COLLIER :<COUNTT,'FLOHIDA TO EXERCISE ITS ABILITY TO SUCCEED TO TKK PONERS, · ' RIGHT~.DOTIES, FUNCTIONS, AND OBLIGATIONS OF THE PELICAN BAY i~ ~ DISTRICT - ADOPTED; MONTHLY STAFF REPORTS TO BE PROVIDED; COUNTT ATTORNEY AUTHORIZED TO TAKE ACTIONS AS DEEMED APPROPRIATE Commissioner Volpe announced that he has a conflict of interest !'which will prohfbit him from voting on thts matter. 00051 June 19, 1990 '-~County Attorney Cuyler advised that he Just returned from a two court hearing on the plaintiff's (Pelican Bay Improvement ) motion for an injunction. He stated that the court dismissed two of the four issues that were brought by PBID, and ruling on two of the issues, but did not grant any relief. ~He noted that the court did not grant a temporary injunction and did in any way enjoin the ~oard'$ action. County Manager Dorrill stated that there is a series of recommen- "o~ the adoption of a resolution as it relates to the County Commission succeeding to the powers, rights, and duties of the Pelican Bay Improvement District, in addition to authorizing the County Manager as the administrator of the independent utility district. He explained :j,,,that authorization should also be given for the County, through the to the Board's office to conduct an audit of the PBID in confor- '~nce with Chapter 11 ~.$. Count~ Manager Dorrill reported that staff will be meeting with employees of the District later today, and representatives from County Manager's office will be at the District office to answer any and all questions that may arise and conduct operations as nor- ~'mal 1¥ required. I!.: County Attorney Cuyler remarked that the court, in reserving on ithe two issues that have not been disposed, will be ruled on this .~coming Friday, June 22nd. He advised that there could be an adverse g, but noted that he does not expect that. He indicated that if that were to take place, there may be some condition on the part of the court to reverse the action that the Commission may be con- ~emplating today. ;:In answer to Commissioner Saunders, Mr. Dorrill advised that addi- Contact has been made with the City of Naples and they have ~C°nfirmed that they have no interest in acquiring the system. ~..County Manager Dorrill indicated that a member of his staff will 00052 '" ~:'' :, ..;'~ · . -; Page ;' 15, ';'~ .... June 19, 1990. be present at the PBID office to coordinate the :ts of the District, and if necessary, he ~ be ~nvolved ~ha~ ~he~e ~s a smoo~h ~an'si~on and County U~il~ies ~d B~idg~ cre~s and any o~he~ necessary s~aff ~ ~o m~e sure ~ha~ an extraordinary ~ob is done. He ~e~a~ed ~ha~ he will be sending a personal letter to all of the customers of the ~,D~strict explaining the circumstances and the operational aspects of the service that the County intends to perform. Co~issioner Saunders stated tha~ he would like to.see, for at the next 6 months, a monthly report from the Utilities D~v~sion ~With regard to the status of the operations so that the Co~ission ~fUlly aware of any operational problems. ~~A~r S~ ~ed, second ~ Co~issio~r G~A~t ~ ~~ 4/0 (Co~esloner Vol~ abstal~d), t~t the ~d '~ C~s~o~rs e~ect to exercise ~ts aut~r~ to ~cceed ~, rights, ~tlee, ~ctlo~ ~d obl~atio~ to the ~el~c~ ,.)[~ ~ nt~rized u t~ C~W ~tnlmtrator; t~t a t~r~gh ~it e~ ~ID ~ ~rfo~ in cafomce ~tth O~pter 11, F.~.; ~t ~y r~rtm ~ predated ~ttl the Oo~immton tm ";'. ~t ~ ~ ~ a ~th tr~itton ~ ~ ~ttable price ,,;[/: Co~tsstoner Saunders co.ended the County Attorney's office for :their excellent Job at the hearing. ,'[~..' County Attorney Cuyler called attention to the fact that there ?~ia lawsuit against ~he County by a District which ts now under the power of the County, and noted that this obviously makes no sense. He re~ested authorization to dismiss such portions of the case that may ~ dismissed with no legal problems, and that the Special District ¥"'~1 co~e under the direction o~ th~ Count~ ~ttorn~ office. :,;.'~ ,in ~swer to co~Isstoner saunders, Assistant County Attorney ,L~son explained that the County ts now tn control of one of the enti- 'ties' tn that suit, beth9 the Pelican Bay Improvement District. He 00053 '~? ,' Page 16 ~uns 19, 1990 'tod that the suit is worded in ambl ous fashion and stylod for ~PBiD'wtth a series of names; those names being the individuals who are the Board of Supervisors and the pleadings indicate that they consider themselves the Board of Supervisors and Electors, and the County !Attorney ts suggesting that the County only dismiss that portion of suit which it, as the successor of the entity, has the ability to i.e. only the Pelican Bay Improvement District. ~" Commissioner Saunders related that his only sensitivity tn the C~ae is to make sure that the Judge does not feel that the County is :r/lng to be overly tricky. L: County Attorney Cuyler advised that since there ts pending litiga- tion, the court indicated that it was not enjoining the County and as :w ach the County has the right under today's law. ~ --~l~dJe~i~er $~underm ~oved, ~conded ~ Co~tssi~ S~ ~ ~rtz~ to t~ attar actt~ es ~ . ~ ~ ~ ~s t~ cue dt~tss~, up to ud incl~i~ fili~ a ~-~tss u re. emoting t~ ~ aut~ri~ of ~ ~lic~ I~~ District. In an~er to Commissioner Saunders, Assistant County Attorney explained that ~he Board of County Coutssloners succession ts the entirety of the rights, ~owers, duties and f~cttons of that ~.~istrtct, ud are not sitting as the Board of Supervisors, but suc- 'Ceedtng as the Co~ty Co~tsston pursuit to Section 4. ' Co~tsstoner Saunders questioned whether the Pelican Bay Improvement District still exists? Attorney Lawson replied afftr- '-~ttvely, noting that it ts an entity; it ts separate and no merger :~ oc~red. He related that it ts exactly as t~ was this morntn~ 'md'it remains that way, but the Co=tsston has succeeded put.ant to Section 4. ' in ~swer to Co~tsstoner Hasse, Attorney Lawson advised that.the lution which was just adopted dismisses the Board of Supervisors ,~ no longer having any practical function. loner Saunders remarked that the County Attorney represents ,~ Co~mission and everything it does in reference to Pelican Bay, and wanted to make sure that the County is not in a position of paying 'counsel fees to another firm that is representing the PBID. He indi- "-:' 'cared that unless there is a legal obligation to honor on-going ilcontracts with counsel, he indicated that PBID counsel is not the '~S counsel, and the County would not pay any bills associated ~ With any representation from this minute forward. ~ Prior to the conclusion of the meeting, the following discussion ~ 'p/ace. COunty Attorney Cuyler advised that he received a letter from the ~,~udge who has ruled in the County's favor on the remaining two issues ~h&~ were argued this morning. He indicated that there wil! be no tesporary in~unction. He re~ated that the declaratory ~udgement issue t~ akil~ pending but he is hopeful that this will be disposed of as well. 3une 19, 1990 RE PE'rTTTON R-90-4, ROBERT r.. DU&NE OF HOt-E, NOITI'~ ~Jk~D'Jk~O~*, INC., KEPR~$ENTING JOHN E. PRICE, ~R., R~QUESTING A REZONE LMH-ACSC/ST TO 'PUD' FOR CONVENIENCE/CO~D(ERCIAL PACILITZES AND AG~/~'~T,T~H&L KE~ATED USES TO BE KNOWN AS PRICE PUD FOR PROPERT~ LO~ATED AT TH~ NORTHEAST CORNER OF C.R. 858 (0IL WELL ROAD A~D S.R. · 29, C~N~I~TING OF 18 ACRES +_ - ADOPTED SUBJECT TO STIPULATIONS AS ' ~ TO BE INCORPORATED INT0 THE PUD DOCUMENT · Legal notice having been published in the Naples Daily News on May 31, 1990, as evidenced by Affidavit of Publication filed with the 'Clerk, public hearing was opened to consider an ordinance amending ·ance 82-2, by changing the zoning classification from to "PUD" Planned Unit Development known as Price PUD for !conventence/couercial facilities and agricultural-related uses at the ~ortheut corner of CR-858 (0il Well Road) and SR-29, located in Section 17, Township 48 South, Range 30 East, Collier County, Florida, consisting of 18+ acres. · Planner Scheff stated that the petitioner is requesting a rezone ~frOm. A-1MH-ACSC/ST to PUD for convenience/commercial facilities and agricultural-related uses to be known as the Price PUD. He explained. the property consists of approximately 18 acres. ~i;;i'~ ';; Mr. Scheff indicated that presently existing land uses are undeve- ['<!lOped with scattered trees and a drainage canal. He noted that )....surrounding land uses and zoning are as follows: a single-family undeveloped lands with scattered trees and drainage canal with i[ A-1MIt-ACSC/ST to the north; undeveloped lands with scattered trees to the cut with A-1MH-ACSC/ST zoning; to the south across 0tl Well Road are .undeveloped lands with scattered trees and drainage canal and /ST zoning; and to the west across SR-29 are undeveloped :,..?, ~,. , ;1 with scattered trees and A-1MH zoning. He affirmed that this :tttton has been found to be in compliance with the Growth Management , plan.,· r;.Scheff advised that Staff and all appropriate County agencies' haveireviewed this petition and Planning Services staff and the tal staff originally recommended denial suggesting that the ':oposed site is Inappropriate for commercial development based on the ~ ~," ~;" ', . Page:~ 1! , · [ ,[;"/, ': June 19, 1990 ential effects of such development on nearby environmentally- .~'~ lands. He related that Staff recommended approval of the :lpulattons attached to the Staff Report. :::Mr. Scheff Indicated that the Environmental Advisory Council recommended denial of this petition 3/1 citing concerns with regard to ~,the effect on nearby Florida panther habitat and the potential for iincreased urbanization of the area should the petition be approved. · Planner Scheff declared that the Collier County Planning ~olultesion held their public hearing on June 7, 1990, and are for- this petition to the Board of County Commissioners with a :recommendation of approval (7-0), subject to all staff stipulations with the exception of Stipulations "C", "G" and "H" which were recom- ~ended to be deleted; revisions to Stipulations "R" and "Z", and the ion of Stipulation "UU" to read as follows: The developer shall ii,provide a 25' naturally vegetative buffer along C.R. 858 (except for .the 90~ foot drainage easement) In addition to the required right-of- 'i.:i.. Nr. Scheff remarked that the CCPC Is also recommending the add'i- tlon of Stipulation "W" which is being suggested for revision by staff. "iL Mr, Scheff reported that at the CCPC hearing one person spoke in .sttton to this petition, citing the possible detrimental effects ,the proposed petition on Florida Panther habitat. He related that letters of opposition have been received: the State of Florida and Freshwater Fish Commission cited concerns of the effects of the proposed project setting a precedent for commercial development within Florida Panther habitat along SR-29; the U.S. Fish and Wildlife ~:$ervice stated that the proposed PUD would affect Florida Panther jhabitat and set a precedent for non-agricultural land use within an rural, agricultural, and wildlife area. '-Mr. Scheff expressed that as a result of further analysis, staff ':ia r~versing Its previous recommendation of denial of this petition to ~roval. He noted that staff conditions its recommendation of appro- June 19, 1990 ....~ ~to,include all of the stipulations approved by the CCPC lnd ~he ions! Stipulations as follows: · A~ m condition of approval of this rezone petition, the "ST" Special Treatment Over/ay District designation shall be main- t&ined over the 16.2 ± acres to remain as Tract II of the subject property. If for any reason development cannot occur as proposed on Tract I, the boundaries of Tract I may be altered without the necessity of amendment to this ordinance (subject to all of the other require- mente as stated in the PUD Document) but total development shall not exceed the 1.8 acres, as allowed. In answer to Commissioner Volpe, Mr. Scheff advised that during the course of Staff's review, sensitive oaks were identified along ~-Well Road and Staff felt that since this is an 18~ acres tract, of .~whtch only 10~ may be developed, and only 50~ of that maF be an lmper- ~:%loussurface, If during the site development plan approval process !:~there is a reason to preserve oaks that are not specified on the ~!;~Master Plan, the petition would have to come back to the Commission for · PDA amendment. He indicated that Staff believes that that tion would allow for the re-orientation of the developed por- tion for the placement of the development and necessitate the preeer- i'vation of the oaks. Cosmlsstoner Volpe stated that one of Staff's stipulations is that the ST Overlay District remain on the balance of the property other than the site that has been Identified. He noted that Mr. Scheff indicates that Staff would like the flexibility so that if, in the Interest of the environment and preservation, adjustments need to be i'!:' made to that location, the ST Overlay District may need to be upon. He explained that there appears to be some tncon- .;Mr.. Scheff suggested that Stipulation "W" be amended with addi- ;ti°nil langnage that would note: If during the course of the Site [ .',Development Plan approval process it is noted that oaks are going to be affected aa a course of where that development is proposed the "ST" (~ill remain on the 16.2 acres that will not be developed. .~i. Mr. Scheff related that Commercial Under Criteria indicates that Oil{ " June 19, /ggO convenience store may not be located within 5 miles of thte :#tth/n the Agricultural Rural designer/on ae noted on the Future/: Land 0.® Map. Conntsetoner Volpe stated that he has reservations about this petit/on, and noted that the EA¢, the Florida Oane and Fresh Water F/eh Commies/on and other environmentalists have expressed serious concerns about the development of this sits for this type of coluner. (till'use. ..',:' Mr. Scheff explained that Staff's primary reason for den/al the f/ret t/me the petition was heard was due to environmental /eeues, .rloted that the Panther Habitat Preserve is actually located on the other side of the road, and this is not an actual panther refuge area Commissioner Volpe questioned whether any constderat/on hal been given to the petitioner actually giving the State of Florida or the i~ii' County of Collier a conservation easement on the balance of the pro- i.i])erty? Mr. Scheff replied that consideration was given to this i)-'.' matter, however, the Planning Commission deleted Stipulation "C" as ;:f crossed out on the Agreement Sheet. Commissioner Volpe Indicated that he can support approval of (petition with the inclusion of Stipulation "C" in the Agreement Sheet. Colultsstonsr ~oodntght stated that she understands that the pat~- Indicated that he will not use the balance of the acreage for Izlyth~ng other than keeping it in its natural condition. She noted that she does not understand why the petitioner should be required to dla~gl~lte a portion of his property as a preservation area for the County since without the rezone, he may do whatever he desires. Commissioner Saundsre related that the property owner owns more ~:!'~thill Just the subject acreage and noted that there would be 16 acres ~.of preserve and the building, and he sees no problem with having a ~farl/ng operation on all of the property. MI'. $cheff stated that Staff ts recommending approval o~ this subject to the recommendations of the COPC, with the sub- revision to Stipulation "W" and the addition of St/pulatton June 19, 1990 to the Agreement Sheet and the incorporation of same into the PUD Attorney Bruce Anderson, representing John E. Price, Jr., advised that there are over 500,000 acres In the Big Cypress Area of Critical Concern and hie client seeks to develop 1.8 acres. He indicated that :-.this property has the most stringent land regulations in the State of Florida because it does lis tn the Area of State Critical Concern, .? noting that F.S. specify that no more than 5~ of the land area of the State of Florida can be subject to an Area of State Critical Concern designation. ~e reported that this projects meets those very strict . requirements, and additional requirements Imposed by the Count-y~a .. Orowth P~nagement Plan and Zoning Ordinance. He stated that the agenda packet Includes a letter from DCA that Indicates that this pro- .Ject does meet all of the strict requirements of the State. Attorney Anderson explained that only 1.8 acres of this site will be developed, and his client ts tn agreement with the Staff request that a "ST" designation be placed or retained on acreage that remains outside the 1.8 acres that would be developed for the convenience store. ~e Indicated that no offer of coapeneatton relative to the easement has been ~ade, and noted that if any property la to be deeded ~:*::: over to the County, his client would like to be coerpensated for same. Co---teeloner Volpe remarked that the ownership of the property ~uld re~ln with Nr. Anderson's client, but the conservation easement ~eould restrict the types of activities that could take place. He :' reported that concerns have been expressed relative to the domino i~'~!.affect of allo~ing this type of commercial development on eR-29, and I'prece~ent being eat. Co~iesloner Saunders indicated that the 16.2 acres is presently being used for agricultural purposes and the "ST" Overlay will prevent anything acre Intense from happening there. ~e remarked that the fact ,that this is tn a PUD will Insure that nothing else happens on the ~,2 acres. A~sistant County Attorney ~eigel advised that conservation ease- Page 23' ~iI defined by 1,$, but does not provide for an active uae, l[e; . ~." ,ndjcated that l~m~ted development may occur ~.e. boat r~l, ~ked to provide a conae~a~ion eaaemen~ tha~ doe~ nothing for ~d there ie no value to Collier Cmllsioner Goo~ight remarked that this t~ ~ enviro~entally leneltive area and co~ercial la limited. She reported that she ~li~e~ that the petitioner would agree to limiting this area ~ing cattle or something of that nature. She indicated that the ~'~er of the ~ubJect property is ~ enviro~entali~t ~d there ara ;.~;~c~io~ of l~d that only his cattle are on. She stated t~t the Ltioner does not all~ h~ting on has property ~d will no~ pr~ide ~tor~ ~d ~taff pointed out that ~thout th~s t~ of conse~at~on e~ement, ~bee~e~Jt ~ard's c~ ~t an ~en~ent to the PUD that ':,:~ld all~ something else, ~d this is the tame to restrict t~t use but also gr~t the petitioner what he need~. 'Attorney Anderson pointed ~t that there ts a need for this pro- ~ect Jn the a=ea, noting that the closest convenSenca store residents ~d workers tn the area. : Plier Scheff re~rked that should the Oo~tssion approve this It ilso requires approval fro~ DCA prior to the tssu~ce of ',f~y :~elo~nt Orders. ~. Ro~rt ~e of Hole, Nontem t Associates, Inc., stated that ~thls.site ts located at the extrese western edge of the Area of ,;Critical State Concern but the lands across the street are not locitg .in the Area of ~tate Concern. He ~inted out that tht~ ~lte ~s been ~ past agricultural practices ~d pas~ water ~age~ent Practices, ~d the convenience store ts located in ~ upl~d area of lite. Re indicated that this site is not located · ' 0O06? 3~ns 19, 1990 '~ltic&l 1:~l~ther habitat. He suggested that Stipulation "HN" be ied to read: "If for any reason development cannot occur on Tract X, the boundaries of Tract I maw be altered without the necessity of amendment to this ordinance or to the "ST" deat~natton on / the Z~tng Atlas." He e~latned that this ~ould prohibit ~y ~ten- ~).ttal conflict if the the site needs to be moved so that the o~ trees ~r~e not infringed upon. ~h~ ~. Eileen Ar~enault of 88 Garden Drive, I~okalee, called atten tton to a ~p (co~ not provided to the Clerk's Office), ~d noted ,t~ w/th t~e ~o~ecte~ ~op~latton G~o~t~ tn Collte~ Co~t~, ~.W111 ~e~e as a loop aro~d the Urban Area, will encourage additional *traffic ~d development. She explained that this will not be tn the '~['::~ ~lt tntere,t of the p~ther habitat. Co~testoner Goodnlght reminded Ms. Arsenault that the contract ' that the Co~ty s~ed w~th the State ~d the Fede~el Gover~ent w~ll ~t ~ ~y development to take place In this area. She e~la~ned t~t Collier donated the l~d ~d there will be no development aro~d :}~tch indicated evidence of a or 10 panthers. He called attention to the ~ea 2-1/2 miles south of the subject s~te which is the Mine ~ noted that 6 p~thers have ~en cited circling aro~d the I/ne where there ts hea~ truck traffic. He indicated that the con- :~nience store ~y t~e some of the traffic off of SR-29, ~d 'also se~e aa a place for people who work in the area to stop : their l~ch. He voiced his support of-this petition ~d noted that '~ avid h~ter, he does not feel that there wtll be a detrimental effect on the envtro~ent. Ms. Kt~ D~den, Florida G~e and Fresh Water Fish Biologist, stated that this is the area of major l~d ac~isltion Federal, State ~d Local ~over~ent, and concerns should be ~tven to ~ ', : fact that the p~ther does not ~tand a chics off ~lv~ng on June 19. 1990 l~rely public lands. She advised that only 1/2 of the current known range of the Florida Panther ia on public lands, and the rest of the range are on agriculturally owned lands, She related concerns rela- Y rive to a distinct change tn the type of land use that occurs in an ;":area that is outside of the u~ban area. She questioned whether, tn ; this particular area, this is the type use that is desirable every ~mtles. She noted that it is very important that this area be pro- as It ts. Ns. Dryden advised that monitoring of the Florida Panther Indica- tes that this male animal has a hone range of 400 square miles. She i:'~"ltated that she does not believe that these types of application will . halt, and requested that the Com=tsslon adopt a Policy in the future for additional consideration relative to protecting these areas tn ~..i: latntaining the rural and agricultural types of activities that are ;~i!~ occurring. She pointed out that conservation easements may be ~rtttsn to include certain types of agricultural use as opposed to citrus gtc- vie and wholesale clearing. In answer to Commissioner Hesse, Ns. Dryden replied that she is ?.-~not indicating that the 1.8 acres of the convenience store area will cause the panther to alter his activities, but this will be setting a precedence for commercial use in this area. Coe-lssloner Goodnight stated that she has no problem with Me. .Dryden"e com-ents and suggestions, noting that she is in favor of >:" 'directing Staff to look at the SR-i9/CR-858 Corridor relative to sore /;, restrictive uses of commercial property. She indicated that she has never envisioned this area as being anything other than agricultural, She offered to work with staff on this matter, and noted that she does ~.not believe that the 1.8 acres will harm anything since the traffic is ~' alre~z there, and it will alleviate eo~e of the traffic from to I~okalee. ~;;.'. Planner $cheff advised that in July, Staff will be presenting to .the Commission, an amendment to the ~rowth Nanagement Plan to delete co~uaercial from Industrial areas and areas of State Critical Concern, 00069 ~eloner Saundere related that he believes that the to prohibit any future intensification of conmercial use thAe area Aa excellent, ~ i~ Aa clear ~ha~ ~hAa one proJec~ ~lll 'create a problem. He noted that he does not believe tha~ ence store will be a traffic generator, but it will me. Ice :.." ~le ~rking tn this corridor. He stated that he feels that the net ~.-~ effeCt'of this project will provide a ~blic ~neftt ~o provide a ~e~ce in tha~ area ~d ~ill reduce traffic as op~sed to ::i' traffic. "~ere were no other ope~ers. ~'; ~'~M 4/1 (~lsst~r Vol~ ~~), to a~ Ntitt~ , / AN O~INANCE ~ENDINO ORDINANCE N~BER 82-2 THE COMPREHENSIVE ZONING R~GULATIONS FOR THE UNINCORPO~TED ~EA OF COLLIER CO~, ~..- F~ORXDA BY ~ENDING THE OFFICIAL ZONING ATLAS ~P ~ER 48-30~ BY ~,. C~GIN~ THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL ~'~ PROPER~ FROM A-1MH-ACSC/ST TO "PUD" PLANNED UNIT DEVELO~ENT "'~ ~0~ AS PRICE PUD FOR CO~ENIENCE/CO~RCIAL FACILITIES AND AGRICULTU~L-RELATED USES AT THE NORTHEAST CORNER OF CR-8~8 (OIL :: ~LL ROAD) A~ SR-29, LOCATED IN SECTION 17, TO.SHIP 48 SOUTH, ~/~ ~GE 30 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18~ ACRES~ '~' ~ BY PROVIDING AN EFFECTIVE DATE. :.;..~.~-~ ~1~ t~ "r~ 11~" ~a on t~ ~ ~ U~ . ~ ~ ot State ~itical ~~, ~ ~ n Inland to PaG~o 28 '. ,. ::7'!: Legal notice having been published tn the Naples Daily News on J~e 3 ~d June ~0, 1990, as evidenced by Aff~davlt of ~bl~catlon flied with the Clerk, public hearing was opened to consider Petition IV-90-011 filed by J. Stephen Cra~ford, agent for Laurel Oaks -.-~velop~nt Corporation, re~esttng vacation of a 40 foot easement so ~Petttloner cm build across the street. Tr~sportatton Services Id~tntstrator Archibald stated ~hat this item Is a re~est ~o vacate a 40' access easement between Tracts "A" ?'~d "B" aa sho~ on the plat of Pelic~ Bay Unit 5, ~d the replat of ~Parcel "B" Peltc~ Bay Unit 5. ~e reported that the location of the Itel t~t Is under consideration ts on the North side of 0ulf Park !~:Drtve, a~roxiMtely half way between Green Tree Drive ~d U.S. 41. ~ ~e noted that as a result tn o~ershtp, one developer ~rrently ~s Parcels WA" ~d "B" ~d intends to develop this area as a ~ltt-fully .:tract ~ does not have a need for the access easement. );-:'..Nr. Archibald e~lalned that the Intersection of U.S. 41, ~ulf P~k. Drtve ~d Green Tree Drive ia the area that was pr~ioully zoned for Conercial, ~t 10 now being restricted to ~lti-f~ily. He re.fred that the appropriate Letters of No 0bJectton have been .received from all pertinent Utility Companies, ~d Staff is recom- ~ing approval. Nr. Stephen Crawford, representing Laurel Oaks Development , advised that the access easement is o~ed by his client ~ftts no one else. :'.:. [~si~r ~N ~t of t~ r~), t~ el~ ~. ,::'-.. Legal notice having been published in the Naples Daily H~o on J~e 3, 1990, as evidenced by Affidavit of ~bltcatton filed .i~h the Clerk, ~blic hearing was o~ned to consider Petition AV-90-010 flied ~Mafaa Assaad, representing the Vineyards Development Corporation, r~ottng vacation of a portion o~ the unplatted road right-of-way .eaoeHnt located in a portio~ of the aouthwea~ one ~arter sT Section 8, T~ship 49 South, R~ge 26 Zas~. Tr~porta~ton Se~tces A~tntstrator Archibald reported tha~ 1tea ts a re~eo~ ~o vacate a ~rtlon of 0~o Boulevard which locat~ north o~ Pine Ridge Road. He advised that tht~ vacation ~p~rt~ ~ Staf~ ~n accord~ce ~lth ~ a~ree=ent between Collier ~Co~ ~d the Vineyards Develop~nt which was exerted tn 1987. He o~lat~d that the developer agreed ~o dedicate, dest~ ~d co~t~ct V1n~rds ~ulevard, a four-1aned ~Jor collector roa~y through his ~ dove~o~ent ~d ~he Cowry agreed ~o vacate a portion of ~levard. MF. Archibald related that In 1987 ~d 1989, separate vacatlon~ hvo ~en processed and approved for portions of O~o Boul~ard which are no longer In use and under the o~erohtp of Collier C~ty. He '.advised t~ this part/~lar vacation, t0 the last tn a series ~d involves property ~htch was purchased by FDOT ~d was recently tr~oferred to Collier County. ~>L. Mr. Archibald stated that the appropriate Letters of No Objection ~e ~en received, subject to easements tn place from the otandpo~n~ o~ Utilities, Florida Power ~d L~ght ~d ~ater M~age~nt. He ~nd~- cared ~t Staff ~ reco~ending approval of the re~e8ted vacat~ono. Nr. ~afaa ~aad stated that the deed should ~ vested tn the ~OrOf MLC~el ~d Jooeph Procacct, es opposed to the Vin~ard8 Cor~ratton. ~une ~9. ~990 ~ Suns 19, ~990 ~X~ ~ ~ ~X~ ~~BX~ ~ ~ ~ ~ ~ ~ P~, ~~ ON U.8. 42 ~ ~ B.R. 981, ~I~ ~ 41 ~8 - ~D ~l~ ~D~D STX~TXO~ Legal hOrACe having been publtlhed in the Naples Daily Ne~e on 3~e 3, 1990, as evidenced by Affidavit of ~bltcatton filed ~1th the Clerk, ~bllc hearln~ ~as opened to consider Petition '/r~eltAnG au~iv~elon ~ater plan approval for San Harco Park, U.S. 4~ ~ut cE S.R. 951 in Sectlon ~8, To.ship 51 South, ~ge 2T N~ Arnold, Pl~tn~ Se~tcem, presented Petitlon S~P-90-13 ~d ,laln~ t~t Ga~ Butler of Butler EngLneerin~ 18 re.est/n9 ,:t-., ~u~lvi~on ~ter PI~ approval for S~ ~arco Park, located on .lamt of S.R. 951. He maid the petitioner As propom/ng to create (9) Industrial tracts on ten acres of the cite, one R.V. park :(148 ~lt8) on approxl~tel~ 25 acres ~d ~o couerc/al tracts o~ 4 acres, re~ctivel~. ~ ~. Arnold said t~t acceao to the mite ~tll be from BaaIM Road, a :ed co~t~ road, ~d internal cir~latAon ~ill ~ pr~tded a loop road 8~8tem ~d cul-de-8ac. He o~ffered 8ems hl8to~ on [this p:oJect, saying the ~tittoner received all their zoning appro- vals, ~d on Ma~ 1 the Board of Cowry Co~lsa/omera author/smd to gr~t the final Site Development PI~ approvals prior to this ?.~ter pl~ ~ing approved. All Site ~velopment Plea were com- that they ~uld be subject to any modifications nde through [~Collier Cowry Plying Contaston added ~o stipulations to 8taff*8 Iti~latlo~ regarding site buffering on the east ~d the tn~strtal tracts. He concluded with staff's reco~endatton that the Board of Co~. Co~is~toners approve this petition subject to the stiPula- C~/~/oner Volpe ~estloned the r~es~ for var/~ce to the .' Page. 33 ..,' of the cul-de-sac froa 1,000 to 1,700 feet, aektng tf,etaff ts that the Issues of fire protection and access have been pro- ~perl¥ addreeeed, and have any modifications to the cul-de-sac been · Mr. Arnold said the engineering staff had no concern with the ;length of the cul-de-sac, it will be within a 60 foot road easement, there is adequate turn-around and It ts serving about slx Industrial Commissioner Volpe asked if there were fire hydrants along the cul-de-sac, and Hr. Arnold said he was not certain if there were, ~but the site ts served with county water and re~ulations require w~ter fire fighttng within 250 feet of any property. Commissioner Volpe uked about buffering and Hr. Arnold amid there ts a stipulation for a 10 foot buffer separating the industrial tracts from the RV park. Nr. Spawns maid there ie only one home about 200 feet distant from i~.the RV park area, all the rest front on Trinity Way at s distance of [500 to 600 feet distant. Hr. Spawns said the site development plan ~ approved with the paved street in the easement with a buffer, and no~undmr the master plan approval, a requirement has been added for a 'six foot wall and elde,alke which were not a~reed upon nor plsmned for the development of this property. Since the adjacent property owners are opposed to a lot of activity alon~ that side, Nr. Spaffna pointed out that a sidewalk might contribute to sore noise and move- .Mnt and should not be placed In that area. On the homeowners' side ~of.the property there ts a 30 foot easement that can be incorporated Into that street, he said. Mr. Spawns sunnartzed that at this tt~e the petitioner ts to proceed with the original plans for a paved street and buffer, and wishes to delete the sidewalk and concrete /Connleetoner Volpe asked If Hr. Bnsik was represented at the County Planning Commission, and Hr. Spawns said that ~Butler represented Hr. Baslk at that ~eettng, but was not able to com- ~;' ~tk to the additional stl~lattons. Mr. ~tler said *tMt ~etlng, the plus were revt~ed to see if a 10 foot ~f~Ta Suns 29. 1990 - ~.-';:' ,d.be included, and there is not enough room to accommodate nora a 5 foot buffer. Conaisstoner Volpe questioned if travel trailer park~ are subject to subdivision regulations, and staff said thio par- ~:ticular project ts because the entire dsvelopnent is subject to sub- division nester planning. Hr. Butler pointed out that the RV park is ':.'not being subdivided, but the rest of the project ts being subdivided. ~r. Arnold said that staff did not specify where the sidewalk will be located, but it should be adjacent to the roadway that provides access to the RV lots. He clarified that the 10 foot buffer strip discussed by the Planning Co~uatsston separates the industrial tracts on the west from the RV park, The buffering for the east side, along the concrete wall, was not specified as to width nor to how such vege- .!ration will be placed there, he said. Nr. Spagna co~mented that it serves no u~eful purpose to have a six foot wall running for a hall- ':i. Comtsstoner Volpe questioned if a berm with vegetation sight suf- [ce and Nr. SpaGa%a said that five feet is not wide enough for a Coemtsstoner Shanahan asked staff's optnton of the petitioner's request, and Hr. Arnold said that sidewalks are preferred on this site for the RV park, and regarding the 10 foot buffer separating the industrial tracts from the RV park, staff can accept the 5 foot buf- fering, but as far as the wall which will separate the property owners to the s~t from the RV park is concerned, staff feels that more buffering is needed than simply vegetation to avoid the problems of noise, dust and lights. Mr. Arnold said that the only site improve- ~enta that have been put Into place relate to the road and a lake has been created in the RV section. .'~;.;: -.Mr. Spagna said there ts a 30 foot easement, with another 30 foot '~ellelent adjacent to It on the east, which for all intents and put- belongs to the county and Is intended for the benefit of the ~:~mdJacent property owners. He suggested perhaps putting & hedge there :~111 serve the purpose, but he objects to a fence or wall, feeling it ;-Will not add to the aesthetics of the situation. ~-P&t Rodln~ky, · homeowner in the ·re·, said that the Tr/nity are in full agreement with the Planning Co~isaton's stipu- ,latton for a 6 foot wall. She pointed out that 148 recreation es will be entering and exiting along the road bordering the /'perimeter adjacent to the single family homes area, there will be ghte and other lighting at night and a narrow vegetative border give no protection against debris, dogs, noise and playing children. She noted that there will be no sheriff patrol protection '~.for that private road and there ~ay be so~e noise and debris probls~m ~rom the Industrial and commercial components. i..~::..I Co~mlsaloner Rases asked her if a wooden 6 foot high fence or a chainlink fence with vegetation will help and Ms. Rodinsk~ said that Co~atasloner Saunders suggested a chatnltnk fence with green alu- strips with a 5 foot buffer of vegetation on the hoaeownere side ~of the fence with · requirement that the developer maintains the fence vegetation and He. Rodinsky said that will be acceptable. lsat·stoner Saunders added that the fence has to be six feet above crown of the road as ['% Nr.. Paul Rodinsky spoke, saying that the easement tn question · 'private easement and Hr. Baslk is using half the easement, and he < ~Aet leave one foot from the section line. Co,missioner Saunders questioned Nr. Basik if there te 5 feet in 'Which to put a vegetative buffer, and Hr. Basik said the fence ~ust go the property line which ts within the easement because the road ia situated only one foot within the property line. Hr. Bulk said · that it had been discussed with ~r. Rodlnsky in the past, and a fence had been discussed, but it was Intended only for along the Rodtnsicy's ; property. He ~ald while he was out of town, the requirement wu added for a wall the whole length of the property, although hie discussions the Rodinsky's were for a 6 foot cedar fence to give their pro- perry privacy fro· the RV park. Comm/setoner Volpe said the chainlink fence should run the length .~une 19, 1990 ~ 'Bamtk property to provtdm~mmourtt¥ for all thm ho~eo~nerm: °n~ Place. Nr. Bastk agreed that t8 acceptable. ~: ~ere were no other epe~era. ?.~ .~,~ ~ ~1~ for t~ 1~ of t~ ~t~ ~ ,,, :,....) , ', June 19, 1990 .. I~r. Oeorge Archibald said that an agreement has been prepared and 'il in the hands of the County Attorney for review for this project. ;The &greem~ent addresses several issues involving parking, access, fare, building expansion. He said that the petitioner is in atten- "dance and has brought a sketch of the Seminole Bingo project and will ~,.?review the co~Jaitaents to which they will agree. Co--Issioner Hesse :asked Mr. Archibald if he is satisfied with the road segment and Mr. Archibald responded that he has not seen the final draft of the Agreement but the draft he reviewed ts acceptable from a 'Transportation viewpoint. Mr. Weigel said he has spoken to Mr. Cuyler about this and he said the title of the Agreement should be changed to ~ead ~erely 'Agreement,' there are no other problems with the text of · ~ the paper. '~ Commissioner Saunders asked if this agreement ts signed blf pro- party o~nere and county, is It a legally enforceable agreement? Mr. J. Christopher Lombards said this is an agreement between the ,'-~geasnt company, Coryt Corporation, and the County and is an enfor- 'ceable agreement, setting forth all matters addressed by the staff and fagreed to by the Coryi Corporation. Mr. Lo,bards said the land is ~ld in trust by the Bureau of Indian Affairs on behalf of the !~'$e~inole tribe of the State of Florida, but the agreement can be recorded, should the Board prefer. Mr. Ken Baginski said that at the direction of County · Com~tasioners, he, Ne. Cacchtone and ~r. Archibald ~et ~lth represen- ~- retires of the bingo hall to discuss buffering, parking and transpor- ~./i'tati°n issues and the agreement and conceptual plan reflects ki.:satisfactorY solutions to those concerns. · ' NAsa Tine Maria Osceola, a representative of the Coryl Corporation whole e~ployed with the Seminole Tribe in Florida with headquar- ers tn Hollywood, Florida spoke on the subject. She stated that this 0001)9 June 19, "::0.new type of enterprise and that the Tribe and the Oeceola the cooperation from staff and from the Board of County .:]?Con.missioners on the issue of Indian gaming in Collier County. She amid that the ~atter has been brought before the Commissioners, not a ~oral or social issue, but to work out an arrangement with the County governnent tn any county where the Tribe amy construct a bingo hall. Me. Osceola invited the Comniesioners to express their concerns and to look over the facility, noting that it is time for the public 'fl..to get better acquainted with the Seminole Tribe Family. M~. Terry Tragesser spoke about the impact of a bingo hall on I~aokalee residents. She said she feels it will be detrimental to the ~surroundtng community, not only tn "housekeeping Issues~ but w~ll be affecting social issues ae well. Coentesioner Hesse pointed out that this is federal land, given to i.the indians, the proposed facility will provide considerable to local citizenry and he personally does not see a detrt- [:~entml Impact on the surrounding community from it. He asked Mr. Wetgel to give the County Attorney's viewpoint. '::: Mr. #eIgel said the Board ts being asked to make a finding that the de~wlop~ent ts not detrimental to the area and while reaching the decision to ~ake such a finding, the Board may utilize any elements basic to a review of the Integrity of the communit~ and developmental t~pacts that it may wish. Ha added that it ts a broad-based question .and thus the Board may review a wide array of elements in reaching its )decision, and must balance the factors; for instance, it ntay create ,~ore traffic, but may balance that by providing needed employment. Ms. Tragesser said she has no personal bias against the game of b~ngo, but she is concerned with the working poor and their possible .enticement. She stated that many lead lives dealing with basic sur- vival Issues, and a recreational enticement may take away some of their ability to provide for the basic needs of their families. Ms. ~Trageeesr said she has talked to several organizations and churches '~nd her i~presslon was that these groups have at best a lukewarm Page 39 ,, 3une 19, 1990 ~or the f&cillt¥o ' ~Co~lssioner Volpe commented that these are economic and social an~ as part of the lmmokalee Master Plan there is a ntselon It&te~ent ~hich the Board will be asked to consider; he added that at the workshop held in Im~okales the Board members were impressed with !ig;tha concern expressed for the less fortunate members of the community. :'He said in considering the Master Plan the Board must go beyond land use issues and he feels there is ~erit in considering social issues too. He added that this is a business for profit, a source cf revenue .i!'(,'for the Seminole Indians under a management contract with the ~Oacaolaa. He said perhaps it will provide employment in the coB- ~unttF, but it not produce additional tax revenues because it is exe~pt,~nd will benefit only the 27 families on the Seminole reser- vation. He said if this were going to generate ad valorem taxes the county could invest in I~mokslee he would feel less concern. Commissioner Hesse said it will provide employment, and a passive recreation. ,:~ Co~missioner Goodnight said that there are 2? indian families in new ho~es recently built with funds from such projects, and with the help of the federal government they are .taking the money to build ho~ee and get the indian families out of the chtckses. She added that very few residents of I~okalee will participate in these ga~es, ,~ hecause the plan ts to bus people in, which will help the economy of I~okalee through sales taxes, gas taxes and various retail purchases in the co~u~antty as well as hiring up to 150 people from the Iookalee ~,~:,,*'Co~tsatoner Hesse pointed cut that tribal tndtans are providing themselves with this business and it will be to the co~mnity*s heneftt as ~11 as to the trtb~*e benefit; at no cost to the county. .. Mr. Fred Thomas, a member of the Chamber of Co--arcs Board for the :es Chamber and a resident of I~okalee, reported that the bingo ~hall ia'only a s~all part of a ?5,000 square foot co~mrcial a 90 bed hotel, and 50 units of subsidized housing, for Page 40 June 19, 1990 the bingo hall and the cultural center is a focal point. He that he ts concerned about the "moral overtones" in newspaper mccounte, and he expressed the opinion that lc~ income people will buy tickets and play bingo simply because they are "buytt~g hope," cmmodity ordinarily in short supply tn their lives. He said that not ·norel question, the issue is that Imuokalee needs this alargecommercial development and he ·eked the members to view the act in total. CoBmieeloner eau·dare asked Nr. Loubardo about sales toxee on the ." [~.?eeervation and Mr. Lombards said it ia hie understanding that the ' ~'~ entire project will be exempt from collecting sales tax, since it is a -, federal indian reservation. Mr. Lombards stated that the bingo center '~;!~ '.i~'ie not designed to benefit Just the tribal members residing on the .:ii~i lmnokalae reservation, it is a Seminole-owned entity from which the profit will go towards the tribe's reservations throughout the st·ts ~';.'.and ualet in funding the federal housing and helps to develop econo- ~.:f,'..·ic and comnerclal, health and educational concerns. He said that the tribe lo trying to develop self-sufficiency, and he added that the !:!:'Seminole tribe ts one of the meet successful tn the countr~ It deve- -loptn~ projects of this kind, and can stand on their m without federal aoetltance. ~, Conteeioner Saundere said the moral Issue of bingo ga~lng Is not p~rmt to hie concerns because he played bingo as a youth and it '~ good recreation, hie only concern is that the understanding bet- the nanagenent company and Collier County to a legally enfor- agreement. There were no other speakers. ~M 6/0, that the Collier Cowry Board of ~Hi~ of ~ Mm, ~ thio find/rig /o Itmmed upon '/"" .~;.i- . ... 3m~e 19, 2.990 ~al notice having been ~bltshed tn the Naples Daily N~8 on J~e 3, 2990, as evidenced by Afftdav~t of ~bltcatton ,* ~bltc hearing was o~ned to cone/der Petition S~-89-23, ftle~ ~.~uri R~ondo of Wilson, Hiller, Barton, ~d Peek, Inc., rep~e- Clyde ~1n~ re.eating ~bdLvt81on master pl~ a~roval ~i8on ~ad~8 tn Wtllough~ Acres Subdivision. ~'~ Mr. ~n Ntno, Plinth9 Se~ices Division, presented the Petition ~-89-23 for a project called Madison Meadows, located tn Wlllough~ ~:;-.. Acres arel, east of Airport Road at the east extension of Madison Drive, co~istlng of 7 plus or minus acres. He explained th~B :'jve~ mll ~lvision consisting of ten lots on a street teGrarlly teetering in a ~l-de-sac s~s tu~-aro~d, which ,:;:;-e~terly to a c~ty road. Mr. Ntno noted that all revi~/ng agencies ~ve reco~nde~ the pl~ for approval of the BCO, have provtt~t .tt- ~l~tta to address county concerns, a~ the l~d uae ' c~18~ent with the Gr~th Manage~nt Pi~. ~. Ntno e~lalned that the Plain9 Co.lesion agreed to the r deletion of the re~irenen~ for sidewalks ~d that exe~ton ?'.tn the a~eeBent sheet. The Pl~ing Co.lesion ~i~usly recom- .:? u~ approval, there was no public opposition, ~d staff reco~nds ~ approval of the ~tttton 8ub]ec~ to stipulations, he said. : Co~tsatoner Volpe ~estloned if an exemption wtll permit t~ develo~r to develop property to the deadend and he asked if the eli- :.~i~tton of a turn-stood will create a problem for emergen~ ~iclel. Mr. Nino said the ~urn-around was deleted ~cause of the .~.prox1~t~ of the ~l-de-aac and the roadway will probably ~ continued t~h to ~1vlngston at some future point. Oo~1ssloner Sh~ ~estione~ if the deletion of st~lks will to the entire su~tvtston ~d Mr. Ntno said that Suns 19, 1990 eeloner Shanahan couented there ia little consistency in the of side, elks, in one petition they are added, and in another the,/ are deleted. Mr. Nino said the rationale presented by the peri- Loner is that there are no sidewalk systems anywhere in the ..~: ~Nill~h~ Su~ivi8Aon; h~ever Mr. Fra~ Brutt, ~velopmen~ Se~lce8 A~tnistrator, will speak to the Board on this item. Mr. Brutt said the develo~r sees no need for oid~alks ~d it 'will ~lp 1o~r his cost on ~he project, but Mr. Brutt says no ~:'~er ~ ~er benefi~ed ~roa no~ having sAdewalk~. ~e said '=:.~i~e ~ Aa cheaper for the developer to delete ~hem, ha see~ A~ as a ~oafe~ feature ~d ~ggeata that .id~alks be included at least on one · a of t~ street In all projects. C~i~sioner Vol~ asked how ~ch additional 1~d wall ~ deve- .~o~ e~rd ~en Madison ~o continued through to Liv~ngston. Nr. B~tt e~latned that there are some dis~aable lo~ ~ed ~ the ~covn~ ~dlatel~ east o~ this propert~ ~lth a 30 foot easement ~d ;':~:.the~ Florl~ Power ~d ~ight easement on ~vlngston Road. Ha ~a~d the ::: co~ Intends to disuse o~ those lots ~d they are ~cluded In the eng~er~ng plus ~or the L~v~ngaton ~oad ~xtenalon. ~e aa~d t~at the ..) road ~1~ extend ~o the easement a~d ma~ or ~ not extend all the ~.,:.'-to L~vl~ton aoad. ~r. B~tt said there ~a a need to ex, Ins the :'~ole area aud decide how ~ roads will be permitted to exke~ to L~v~,ton Road. ~e ~inted ou~ that eta~f"a reco~endat~on d~d not ['~[':~ncl~ deletion o~ e~d~alks, ~t the Pl~ng Co~e~on dec~ded ~...: ~.' Fe~ ~, o~ ~lleon, ~lller, ~arton, Sol~ ~d Peek, repr~ :;~ti~ ~in~ Associates. Mr. Diaz said that the S~ ~fore the '~d included 16 lots, the sidewalk deletion was at the re~e~t of '~ ~titioner ~cause in building ?00 linear feet of road, there ts .?.f.. · ~ o~A~ ~nefit to building ~ldewalks rtght now, ~lnce the ml~l~ ~ not lead ~here. C~i~sioner Volpe said there i~ a ~nefit to having s~d~lke, ~ il~en c~ use them for roller ~katAng and bikes in~tead of ~lng in ~' ~ iJ:r~y, ao they definitely are a benefit to the homeowner. ~.' Andre~e Salwon, representing Clyde Qulnby, said they ad. It the' of having sidewalks, but the reason they wished to omit them ~m.the fact that all around the area, there are no mlde~alkm, mo why · f:'.>: . ..: thn in front of these few Iota? He said that if in the future, .:sidewalks were built tn the area, they would be added there also. ~ere ~re no other s~akers. ~~ [/~, te cl~ ~ ~ltc ~i~. Suns 19~ 1990 · ~.-$41 l~ FITITIOIIO. FDPO-O0-2, MARl: ~, ~~ ~~ ~. 87-80 ~ ~ ~~ ~ ~Y ~gal notice having been published In the Naples Dally N~o on J~e 3, 1990, as evidenced ~ Affidavit of ~bltcatton fl/ed with the ;~'~Clerk,-~bltc hearing was opened to consider Petition ~P0-90-2, filed ~k ~8on, r~esting a vart~ce from the minim base flood cla- ymation as r~lred b~ Ordtn~ce ~o. 87-80 on property descried as HldeMy ~ach Plat, Sections 6 ~d 7, To. ship 52 South, R~ge 26 Mr. Eric Yo~g, Plying Se~tces, e~lalned this varl~ce ~s bn r~eoted ~ hrk ~8on of the Htd~ay ~ach Club for a 2.7 foot ';vart~ce to the re~tred 13 feet first floor elevation for ~ outdoor ~1 ~r. Mr. Young said the petitioner wishes to remove the existing :.~r, ~e it back from the beach ~d build it at the 8~e height, ~t the rear ~ the existing clubhouse. ~tooloner Volpe asked if there ts concern with the Coastal Co~tnctton Control Line. Mr. Yo~g e~lalned that the ~ttttoner :?~ ~ 8~r~d slt~ d~v~lo~nt plan for th~ ehan~, ~d ~h~n h~ a~lted for the bulldlnQ permit staff fo~d the pro~sed stricture tm ~1~ t~ a~roved level, necessitating the re.est for a vart~ce. ~ted that staff has reviewed this re~eet using their criteria ~d ~ f~d no problem; all agencies have reviewed the ~tttton ~d have recom~ed approval. Mr. Yo~g couented that the Project Revt~ Se~ices staff stt~lated that the bathrooms be floodproofed to the r~tr~ 13 foot elevation and floor drains drain into sto~ s~ers '~ ~t into the s~ltary sewers. :,~,>~k ~on, representing Htde~y Beach Association stated he ~ O0117 ,Tune ~g, xggo - with any of the were no other '~.~ l/O, to cl~ ~ ~ltc ~i~. ~~ ~ A ~ C~ ~ ~ ~ ~ SZD~ OF ~-~l~ Mr. Bry~ Milk, Pla~lng Services, presented Petition PU-89-26, ~nting C~-~/Realty ~oodbrtdge Partnership, for a provisional use [[? "b" of the ~-12 zoning district for a child care center on the cut side of Ai~rt-~lling Road, 3/4 mile north of Pine Ridge Road. He .'e~lal~d t~t the petitioner proposes to develop a child care center' for t~ ~ of tenuts of the Fountain View Complex, ~d the oe~lce ~,~ - *~. ts z~ed ~-1~ ~d t8 presently 75 percent developed, ~d the center will acco~date 25 children and ~tll be located adJacen~ to the s~th side of the project clubhouse A four foot high fence 't~ ~t~r pla~ area, he noted. ~':; ~ Collier cowry Pla~tng Coatsston held their ~bl/c hearing "on ~y 17, 1990 ~d fo~arded Petition PU-89-26 to the ~ard of Zoning A~als with ~ ~tmous reco~en~tton for approval subject to the mtl~latlo~ tn the agreement sheet, Mr. Milk stated. Based on the ?. c~acter of this area, ~d with the reco~ended mitigation measures, staff ~ no objection to the re~eot ~d reco~ends approval, he .}~; : C~tssioner H~se ~esttoned if there ts a ~8slbtlt~ this faci- lity ~ight ~ separated from the complex ~d used as a ~bllc ~e, ~d Milk said t~t will not be permitted because it is contl~s to i:': the ~tsttng clubhouse and ts restricted to tenant uae only. Mr. Milk ~, ~1~ th~r~ are 481 untta propoa~d for d~v~lopm~nt :". ~re ~re no o~a~ers. ' Suni 19~ 1990 ': '-.'~. 'OF CllllT,"FOI ~SlOIiI& ~ "c" ~ ~ &-~ ~ DI~ ~ & Mr. Ray Bellows, Planning Services, presented Petition PU-90-4, Neno Spa~a representing the Mayfl~er Church o~ Christ, re,eating a provisional use "c" of the A-2 zoning district to allow for a 142 seat · church. The surrounding land uses and zoning include vacant A-2 lands the north, Lely Klementary School (under construction) to the west and :/f !the Lely PilD to the south, he said. Access to the site Is from C.R. · ho~wver, due to traffic conditions on C.R. 951, the Transports- ..:tlonotsff reconends that the church development be coordinated with school entrance, Mr. Bellows explained, and tf such coordination · is not feasible, access controls on C.R.95! shall Include right turn in, right turn out restrictions and/or both southbound and northbound through-lane t~provements at the project entrance. In addition, he not~d, C.R.95! ts scheduled to be improved with four-laming by 199! will be operating at an acceptable level of service. Mr. Bellows concluded, all reviewing agencies have determined that no level of service standards will be adversely affected by this pro- Ject and on June 7, 1990 the Collier County Planning Commission recom- (~:mnded approval subject to the stipulations listed in the agreement .: Commissioner Volpe questioned that this church Mill be a phased ~d~r~lol~t, providing a s~ll sanctuary at the outset and a future ixpanston planned for 400 seats. Mr. Bellows said that ts correct. ~}j:!C0m~tuloner Yelps noted that if the church cannot reach agreement ~el¥ gle~ntary School for access, then there Mill be another point on C.R.951, and he asked Mr. Archibald to clarify if the. ,two access points will be In close proximity. Mr. Bellow~ said. that ~n ~gree~ent cannot be worked out, then it Is correct there Mill be ~ePmrate access from the church property. Commissioner Volpe J'une 19, :1990, ed that if the Board of County Coutsstonere did not agree to · ~eparate access point for the church, then it night act as In to negotiate a shared access point. Nr. Archibald said his staff have tried to encourage the develo- to make the tie-in to the Lely School entrance road bec·use in the ~uture four-lane plan that is the only location in tbat area that .have · median opening. Ntthout the shared access, the church #ill.:have access only through right-turn in and right-turn out, he :-~'i laid. Nr. Archibald also indicated that the two developers for both the school and the church will be expected to share tn the coats for a ,:shared access point. He said that the require·ant for spacing :j' accesses is roughly 330 feet and there la sufficient room for Lely to their entrance and for this developer to develop a turn lane complex for the southbound right. Nr. Archibald explained that the ~.romd~my Into Lely is essentially private for the use of the school, :i~',but It Is expected to be part of a platted roadway system and will be !a dedicated roadway at soma point In time. Nr. Bellows said that one of the stipulations requires the church ;at the time they seek approval of the planned expansion to coil before the Board again. Nr. Spagna said all stipulations have been agreed to ~ agreement has been signed, and he lentioned that the railway ~!nt0Lel¥ la not a public street, but should be dedicated within about or two and at such time, any access that may have been co~tructed to C.R. 951 will be closed off and an access constructed ~the Lely road. -. COmmissioner Hasle asked If the developer has an entrance to C.R. 9~i now and Mr. Spagna said not yet, but they will have it if the ts coapleted before the Lely Road ts dedicated. He hopes that !by the time construction is commenced, the Lely road will be dedicated ~ that will be the aatn point of access, because the whole project }.hal been designed around that feature and the developer agrees to all on this provisional uae petition. Colmdasloner Yelps suggested delaying approval of the petition : , - ....' the L41y road has been dedicated tn order to avoid crmatlng ~' ""~ Icc~l point on C.R. 951. Pa~tor Hark Burns said that his church congregation ts presently .q[ at the Lely Pal~ Retirement Comity which has a capact~ tn c~l rooa of a ~t~m of 100 people, ht~ con~re~atton tht~ t~t will be able to ftn~ce the Initial butldtno. ~::t C~lsstoner Sh~ asked if it would ~ inconvenient for the ,ch to ~lay the provtston~l use until a shared access ts coot- "~ the school and Pastor Burns said it will delay discussions with architects and change the time frans of building Commissioner Ooodnight suggested putting a requirement on the :iflcate of Occupancy so they can proceed with architectural work !i;and mtart building and at the time they apply for the Certificate of Occupancy, if an agreement with the school hasn't been worked out, it i':"can com~ before the Board for further consideration. Commissioner Volpe says this basically ts simply waiting for a dedicated public road, and he is concerned about the safety Issues and ~;constrQctton traffic; even though tt may be up to a year before :-building begins, he feels the provisional use should be delayed. Con. isotoner Iaundere questioned about building plans and the planned start of construction, and Pastor Burns said they will be ready to build within one year, and construction will be completed in ,,janother year after commencement. Commissioner Saundere pointed out If provisional use is approved today, it nay well be two years from ' nme before the church Is ready to request a Certificate of Occupancy. Re ~ested that the provisional use can be approved now because it ',~,le almost certain the roadway will be dedicated before the church Is .,.,.~ for use. Co.missioner Baunders suggested the Board take Commissioner Ooodnight's suggestion to approve the petition and stipu- 'lite that if Lely road is not In place two nonth~ prior to the church applying for the Certificate of Occupancy, they must appear before the U t) 132 June 19, 1990 · ddress th~ matte~. Comalmmlone~ Goodntght pointed ~ut t~t ~t have ~ access to the dedicated ~o~y too, c~dtt~s on C.R. 951, reco~endtng that the church · ~ coordt~ted w/th the school entrance and if this ts ~t , ~ access conditioned w~th restrictions ~11 ~ created on 951 · Cm~eetoner Vol~ ~a~d thl. ts subject to coordinating ~ /l~emnt to using the school entrmce, ~d If this 1e not possible, d~elo~r ~t come back to the ~ard ~or direction ~. ~ll~ e~ke to building a 951 acceea, ea~tng it w/il ~ "e~t~ ~ the pro~ected co~t will force the appltc~t to the :'~ . . :~... ~ ~ ~l~r/c~ch ~tiat~ ~ ~ to JGne - .( . . . IlO. 00-0,84 RI ~T]~ ~-~1~ ~. ~ ~. ~ A ~~ ~ 8.20 (B) (~~ ~~) ~Y ~ (20) ~ - S~, for I pr~;l.~o~l use 8.20 (B) (Essen~Lal Se~Lce8) of A-2 diltrlct for a coJ~m~catLon t~er. He 8a~d the pro~r~y ~.~ eut olde of OLi Grade Road i~ut 3/4 m~le north of C.R. 858, Nell Road in ~ec~Lon 14, T~h~p &8 South, R~ge 28 KA8~. ~. SuCh said ~he provisional ~ t~r MAth a height of 2,249 feet, ~d he e~laLned ~.ra~l~ for the 8~m(~ tower wu brought ~fore the ~ard In Septem~r 1987 ~d ~s a]~p~oved ~ was ex~ended for one year ~n Sep~el~r, ~/on ~d the ~rrent plus for conotmctlon, the ~/.~e~F~ed ~ the ~)ard once again. He e~lained ~:~t ~he ~bJect pro~rty /~l~al ~ ~ zoned A-1 ~, (Agrl~lture ~ith Mobile Ho~ ~rl~), adding ~:~t pro~rty ~o the east ~ t~ pro~rtletl to ~he north, south ~d we8~ are l~cttve B~L- ~.~l~al f~eldo. ~. Saadeh noted lion revl~ thle ~tlt~on on J~e ;~''~t; wXth no ~l)l~c counts for or ,gaXnst th2s petition at the ~blXc ~ng, nor did staff receXve ~y corree~ndence. He ~ked t~t the Collier Co~ Board of Cou2882o~1 accept ~ ~mffss reco~ndzttion for approval of Petition PU-90-22 ~8 recom- ~ ~ t~ P~mlng Cou~ss2on, ~bJec~ forth ~n the z~greement ~~ 4/0, (~ni~r Vol~ Mr. George Archibald, Administrator, Tr~sportatton Se~tce8, r~eet~ rat~ftca~ton by the Board of the corridor all~nt for the :V~orbtlt ~mch Road ~tenmton from U.S. 41 to Atrport Road, =;ele~tn ~n~lved: the contract wlth the firm sT Htleon, ~tller, ~t°n ~ P~k, Inc. to do the deet~ ~ork for that roa~, ~d ales the ~eltmtnar~ alight o~ thin roa~a~. Mr. Archibald deocrt~d ~.~ ~.~. 41 a~ V~e~btlt D~tve o~ the ~e~t. Re ~oted that ~ce~ to pt~lnt the co~tdo~ p~to~ to a~tho~t=tng de~t~ ~o~ to feet within ~hlch ~111 be located the ~ltt~te dest~ of the ~r t~ first p~se of the dest~ the initial ~ey ~rk, Initial ~'pl~ ~ profile work sill ~ donel also the envtro~ental Hrsttttno '~tll ~ collated prior to final d~st9 of the read.y, Hr. trcht~ld ~[~td. · ~:~ cost for the ftrs~ phase Is $65,62~ and t~ ts ve~ t~rt~t ;~to ~al. with t~e ~rsittino aOenctes durtno that phase, ~d he noted .[i~t'.t~ pro~sed contract still a~alttno final approval ~ the Cowry ltto~s office. Hr. trchibald aentioned that ~ndtn9 appr~al of · line of credit for f~dtng, the ~ard ts asked to exerts the contract 'fOr .!h~ first phue. ~ ~ Archibald said that Hr. Hark Norton, representing the ~~ollte~ G~o~p ~htch has ~ interest tn p~ope~ty along thin p~o- ready, lo present to discuss a need for cooperation to ~' t~t the road :t~ properly located and will not create ~eri~ conflicts with this project. Mr. Mark Morton pointed ou~ the area~ the corr:idor in which his group has a vested interest con~i~ttng ~ [~100 a~es. ~ere are a couple of wetl~d syste~ included In tht~, 00.163 ;iond Meetinghouse owns some property and may also have concern :the aligm~ent, he remarked. ,;;~-': Mr. Morton said that the original alignment was partially depen- '"dent on the Florida Department of Envtromtental Regnlatton input, but on last Ifearts legislation, they no longer have Jurisdiction in area. TI~ agencies with Jurisdiction now are the Corps of and ~:he Water Management District, he said. The Barron- Oolltar Group*ii intention is to put in a DRI to encompass the entire i;ll00 acres and are about a year away from submitting a project for Mr.[Morton said that there have been Rany discussions with Mr. ';'Archthld about: the altgrunent, specifically Goodlette-Frank Road which ~ through tl~tr property and with Vanderbtlt Beach Road. Their BmJor concern t.s that they will be left with awkward pieces of land i'whtch can have a major Impact on the value and marketability of the 'Property In qui,stton, he explained. Coumtsstont~r Saunders asked if staff and Barren-Collier were tn on t[~ alt~nment and Mr. Morton said they were not. ';OemaddmslOgd~ 8eundero moved, to ~ ~ba"~osd alignment, and di~ 8t~Tf to continue dio~uootouo on with tbs Barren-Collier ~roup. The motion died Mr. Archibald s~td the alignment must be finalized because until · 'that ts done, the c.nsultanto will not know how to design the road. aid this Is a c2:ttlcal sta~e, and suggested the Board authorize staff- to proceed wtl:h the contract with the condition that staff will !he~.,.to work out th(: alignment. He noted that the ttmofrm ts about :.months to final tze the alignment with the environmental agencies st'.that tiao eSi.fl will ask the Board of County Conlsstoners to finalize tie alt~nment. Mar~u~er £orrtll said If staff can get m motion to authorize ilement&l agreement with the design engineers, that will get the: atarteg: and after the summer recess staff can return with Mr. George Az'ch:Lbald, Ad~tnistrator, Transportation Services, Indicated that this Item Involves a proposed supplemental agreement for the design of R. dto Road which Involves a number of factors, one of which ts staff's prior direction to pursue the contract from the nt of desi~dng the first mile of the roadway tn an urban .Corridor ~nd ~aklng the asa~utptlon that the remaining i.l miles can be ~(dealgned as a rural cross-section. The idea was, he said, that the could l,e obtained at a relatively small cost. In the last slx to nine ~onths staff has discovered that not only will right- of-way be a problem to obtain, but it will be extrelely costly as he continued. Staff and the consultant have done analyses to ~Ine If the camry can change its design parameters to design an urban roadway the entire length rather than Just the first mi/e, he ~explatned, and if tltat will reaul~ in a savings. : lit. Archibald ~atd that these showed If the country continued with current plans, the cost for right-of-way might cost as ~uch as million, and :.f rural the total cost of the project will be 84.3 million ired under the urban it will be about $4.4, which a~ounts Include such factors as right-of-way, permitting and construc- :.: tion and design. Si:afl has been deciding the benefits long-term if the ro~xlwa¥ is dcne under the urban plan ~tth an additional added cost '..for d~slgn and cc,na~:r~ctton and under the six-laming in the future there will be a substantial savings in the urban design, he ;!~lllne~. Thus, M~:. Archibald continued, staff ts recommending z~vtmtng the agr~.~nt with the consultant, increasing the contract & supplm~n':al agreement In order to build an urban roadway entire length o:: Radio Road from Airport Road east to Santa for approximately $381,572.40 for the design phase. He out that this is an increase tn design cost for phase one, but .: . r' paom. ..-. June 19, 1990 cost o~ the design will re~ain within the 10 percent range construction cos'ts and the benefits derived in the future will be 'savtuge of about $1,6 m/Il/on. ~etoner Vo. Lpe asked if the $381,572.40 ts for dest~n and arid Mr. Archibald said that is correct. Couteeloner Uked if any work ~s been done under the existing contract which wes An June of 1986 and the response was that $160,000 of work has been perfor~ed, eseontially in the urban sect/on, and so~e ~urveying ~or both phases and some profile work has been done on plans ~nd eps- Coati,stoner Volpe asked if this t8 in addition to the ,5?2.40 or Is i': the difference between what hu been done to this 'point and what It will cost to go to the next point. Mr. Archibald /said the net increm~e will be $194,000, and Co~mieeloner Volpe asked the county attorney if such a et~nificant change ts made, does tt require ~ore than a supplement&! agreement? Mr. We/ge/ said he has !reviewed.the matter and it can be done legally under a supplemental Co~ieeloner Sb~mahan says the point ts that 81.6 atllton can be changing to an urban design, and it will provide for expan- future year,~. 3u~e 19, . 1990 Mr. George Archibald, A~/ntetrator, Tr~sportatton Se~/ces, this ts a re.est to obtain Board approval of a contract with Mr. ~ Gl~e to ~rform an en~tneertng revt~ ~d ~al~tton of Tr~rtatton Sea:ices Division activities. He dr~ the ~ard~s .Ittatl~ to the lt~t of activities, hourly rate ~d tiaa fr~e, ~1~ t~t t~ orl~rt~al concept ~s for 150 ho~s of work, ~t it ~ · ~t~ ~re tt~e. He said tht~ re.tree a ~ contract pr~ldlng for · e~lcee from Hr. Rar~ Glue to analyze acttvttte~ In the :~e~Jcea Dtvtalon, with partt~lar e~hute on the :.t~ )ttal /~rove~nts progr~. Hr. Archibald ~atd it ~t ~ deter- ;Jlt~ if the schedules ~d deadltne~ c~ ~ met t~t ~re emtabli~hed :.~ tn p~Ject · ~:.. C~te.toner Saunder. said hie ftrst reaction te to vote agat~t :it, ~d he ~e~ttoned if .tafff wee not doing thta ~ork n~? ~r. : :.~ ~atd that his D/v/e/on has a large n~ber off mteelo~ ~d obJectlve~ ~d ~:he C~t~ H~ger feels there t~ a need to ~ve ~ ?..~1~t~ et not onl~ what ts ~tng done now, but what will ~ needed tn the ~ara ~ead sad the dlvteton~ abtltty to seer those needs. ~t~to~r Sa~ers said that the ~ ha~ had so~ comlttng '~e'aleo for long-r~ge plying, thus he see~ no need for ~. ~rrtll, C~ty N~ager, said he has concern a~ut the ~lze of ~-~~ Road S.~ctton ~d he feels perhap~ tht~ cowry 1~ not pre~ to ~tld th,~ n~r ~d ~ount of roads contained tn the five ~ CIE pro~, tn,:ludlng the large state ro~d res~tbiltty '*~rec~tly t~rtt~d. He said that Hr. Gl~e is the fore= 'u :,,Tr~rtatton DIrec':or for Lee Cowry ~d ts credited w/th turning t~tr secon~ road const~ctton pro~. Hr. ~rrtll said he Hr. Gla::e ~der a ~rc~se order liatted to $6,000 to on ~ to reo~'g~lze the seconda~ road section to speed up the ~ '" Page activtt~ ~nd asks the Board to approve the increase up 000 contrsct. Volpe ~lesttoned t~ Hr. Glaze has co.plated ~st of his': ~r the o:~tgtnal ~rchase order authorization, ~ n~ to ~othar :t40 hours? Hr. Dorrtll re~nded ~t=ltt~lly to .est this challangs. He sat~ that tn the future capi- ~i~ pro~ects ~d ~ltt:ttttes ~tll also be addres.a~. He added ~lthough ts a citizens~ co~ittee on e~ftctency, they do not have the ~:~tt~l~r professional ex~rttse needed for this. ~. ~rrtll said he would tn all cases receive the advice ~d opt- ?'..nt~ ~d then will f,hare them with the Board, ~d Co. Isotoner Ruse ~d ~ ~ no problems ~lth thim ~tter. O~lmstoner VOllm said that the ~ard ts betn~ asked to bldd/~g ~'e~/re~entm on ~ e~rgen~ bemire ~d Hr. Dorrtll ~'~sstonsr tl~.ders co.snt~d that Colltsr C~ty~s ~rt.tton stl~ff ts excellent ~d he feels Hr. Archibald ts c~ble of doing the s~e project that Hr. Glaze ts doing. ~e ce~d t~t a contract was entered Into for a profes8to~l se~tce. for ~6,000, n~ the [oard ts re~ested to extend it to $10,000, :he,Co. lesion had ncr even ~ there was ~ existing ~c~se or~r for t~se e~tneertng se~tcem. Couissioner Sanders added that the ect of the Count~ Nagger entering Into personal contracts ~tthat ~'~ard authorization should be ex.tried. Co~tmmtoner Hesse said that Mr. Archibald has ~en working up-to ~W h~s a day, and ~y not ~ able to h~dle this ite~ in addt- tim to his other duties. He feels that If this contract ts not con- · , ~n the aoney and ~ork e~nded to date has ~ wuted. ":' Cmlsstoner Volpe said the situation ts not ~u~al, for atton~ c~ hire or engage profession1 se~tces thr~gh orders tn ~ny areas. Hr. Dorrlll said this ~s coordtnate~ 3une Zg, .1990 the .Clerk to the Board*s office, his tnttl&l request Transportation !;ervtces Administrator Archibald stated that this -)[item relates to a l:.ne of credit relative to financing road design contracts. Re tndt¢:ated that the prepared resolution allocates naif- ftclant ~onles throt~h a line of credit to award 5 specific design contracts. In addtllon, he noted that this agenda item addressee the currently funded prc.Jecta and the need to address the next 6 projects: Airport Road from U.S. 41 to Radio Road; Golden Gate Parkway from ./. Airport Road to Oooglette-Frank Road; Pine Ridge Road from U.S. 41 to ' Road; Ooodlette-Frank Road from Car/ca Road to IB~okalee Road; tlr Beach Road from U.S. 41 to Airport Road; and the design ~.p~ee of Bonita Beach Road. "icl Mr. Archibald stated that b~ the use of the line of credit and the ~oney that Is already in the budget from a revenue standpoint, these will be able to be awarded, but with the qualifier that the Chairman may not sign the contracts until the line of credit is approved. He advised that the money that is in the revenue accounts will allow for the amount of work that will be done under these contracts to be done between now and the end of the year (September l,,s0, loo0). In answer to Coaetsstoner Volpe, Mr. Archibald replied that Livingston Road ts a project that the Co--lesion approved two year ago on &.relmburaeable basle. He noted that at that tine, ~ufftcte~zt ffund~ we~e not available for the design phase. He noted that the Ce.mission encu~beret the gas tax funds and authorized that contract to proceed, with the condition that when the draw down on the bonds Livingston Road took place, the gas tax fund would be reimbursed. /.';[- Co~isstoner Vol~e stated that when the line of credit was a certain ~umber of dollars were allocated and questioned Finance Dtrect(.r Yo~os~ advised ~hat $6 million ~s, roads. . In ~r to Ccalsstoner Vol~, Nr. Yo~os~ e~latned t~t th~ >.>..?. ; ~ $2,280,000 ts tha~ a resolution w~ pr~t~sly'adopted: f°r:$14 million ior the ;ast ~d South Cowry Collection System ~d t~re is mother resolution on to~y's agenda for ~3,320,000. ~d the . ' · ts ~2,280,000. He noted that ~nd co~sel Is rec~endlng .t~ Co.lesion not a~r~e a resolution for ~ ~cess off the $20 ~tch ts on the line of credit. '~1~.' June 19, 1990 - ~~rtat~on ~iervlces A~n~etrator Archibald advteed that tht~ ~tem /nvolvee the m,ed to coneol~date t~ of the Street L~ghttng D~tr~cts to ~et a t~ roll retirement. He a~o~ced t~t the 'V~~ Unit 1 S~,ee~ L~gh~lng D~s~rlc~ ~s crea~ed In ~988, V~~ ~t 3 ~a~ created ~n 1989. He no,ed that ~o concerns are ~r~z~: t~ ap~,roprla~e stllage for each area; ~d J~klflcat~on of ~. He stated tha~ ~he dollars fro~ ~he D~s~r~c~s are ~ng u~ed ~7,',to ~ for t~ l~ghtlng se~tce along Vln~ards ~ulevard ~h~ch ~ne- ~ ~ple In Unit 1 ~d Un~ 3. ~. Archibald Indicated that as a re. It of a~te~t~ng To ~ovlde of the l~ghtlng costs over Un,ts 1 ~d 3, the "e office ~s prepped ~ ordAn~ce which re. Ares t~t the ,~ie~i~ ~clare am e~rgen~. He re~rked that the ordA~ce con- Unit 3 into Unit 1 to create one Dlatrlct, ~ place~ an mill for the collection of ad valorem t~ An ~he upcoming year t~ street lighting. ~.., Mr.. ~chAbald ~;lsed that Unit 1 t~ An the north~st co,er of md n,)ted t~t one problem with the millage ~ate in location ts t~ the ~Jortty of t~t pro~rty ~s ~en tr~- to either the ~chool ~ard or Collier C~ty ~d as a renlt, there ia not a lot o:~ re~tntng property which ts t~able. ,l~i~ t~t ~ca~e Vineyards Boulevard extends thr~h ~ntt :is a~r~rtate to co~btne the ~o Units, ~d aa tl~e ~oes on ~lo~nt ~c~rs, the ~e~ent ~its ~tll ~ c~btned ~d ~"~ t~tn~ ttstrict ,tll be ~tntatned to properly allocate the cost ~ t~ ~ed revem~e fro~ a millage stmd~tnt. In ~r to commissioner Shm~, Nr. Archibald declared , the ~lllage wan 1.45~ ~d the combined millage will .~ a total ltilhttn~ cost of $51,000 for 1990-91. 3u~e 19,. :1990 ' ~ ~GENCY O~IN~CR ~ING COLLIER CO~ ORDIN~CE NO. ". ~P~INO COLLII',R COU~ ORDINANCE NO, 89-~2 ~ PROVIDING FOR ...Tr~rtation [lea/ce8 A~tnlstrator Archibald stated that this reflects a prolmsed Interlocal A~ee~nt helen Lee Cowry ~d "Collier C~ty for ':he initial desl~ p~se of ~nita ~ach ~ad ~n ~arbtlt ~a,:h Road ~d Htc~w on the 6ulf. ~e indicated ~t ~taff, through ~rklng with ~e C~ty, have co~e up ~lth n .~ee~nt ~tch onl'/ addresses the de8t~ phase, ~d there is a prat- ' ~lch ~c~te~ t~t ~th c~t~s will s~e ~n t~ total cost ~t s~nce ~ does not currently h~ve f~ds ~oc~ted to p~oce~ w~th of ~250,000 ~o proceed. ~. ~chtbald p3tnted ou~ that the dest~ phase ~tll involve Lee ~ea~ly all of the con~lttng se~tce contract ~ beck.se o~ t~et~ staffing t~e~ a~e tn a ~ch ~tte~ to go thro3gh the selection process and to establish a tact. He notet that eve~ step of the dest~ phase re~trem ~llier.~ty to ~i~ o~f ~d pr~e each step. In adttti~, he t~t the~e Is also a provision tn the a~eement wherein is · conflict ~lth the s~aff sl~ off on eaoh step of the '"' ' 3use 19, t990 sep.nt Is brought b~ck to the respective ~oar~.for.con" ~&tion and action prior to going to the next step of the dest~ ~chibald stated t~t if the Agreement ts approved to~y, will foll~ u~ with ~e Cowry ~nd arrive at a ~co~ of aspics ~llar co~tt~mt ~d then present s~e to the Coalition to t~se dollars to enter into a contract. He advised that this ~ a thr~ party contract bergen Lee Cowry, Collier Cowry ~ Cmt~stoner Go~tght re~rted t~t she received a call from 3~ amd he a~tsed that the Lee County ~d a~r~ed ~500,000 ~d they will allocate this ~t In their ne~ ye~'o proc~ ~lth the p~ses, ~ r~ested t~t the a~ee~ent ~ t~t thay c~ solicit bids for the engineering. ~. irchlbald e~latned t~t it la ~ttctpated t~t the dest~ ~y a~roach $1 atllton, md this p~se will ~ ~dert~en tn ~ts, the first of .htch ~/ng a contract where Collier County pr~t~ the initial f~dln~ tn ~ ~t up to .:~, ;~ . . -.1 ~: :; '.. - . .' page. 6T " .... ~mtmt~t Utilities A~tntatrator Bloetscher .tared that this item tm m ~ofe~8tonal Engineering Se~tces contract ~tth Hole, ~ontem & '~1~ Oate ~llfteld. He Indicated t~t the Co~lsslon selected Hole, ~ntea to do this work, ~d staff has negotiated a fee ~tng the ~t~rd contract ~htch ~ pr~l~l~ approved ~ the ~ard. ? · Tu~o 10, 1900 i'* ' ..~l~[~l~,-111~. ~t I~X~ &lid (~O~I~t~OCTIO~ ~P~RV/SXO~ ~~ ~ .'. ~mimtut Utilities A~tniatrator Bloetacher re~rted that this ~/,:~a. r~ot for a~r~al o~ ~ a~eement for professional eng/~r/ng . with ~le Engineering, Inc. ~ for deol~ ~d co~t~ction ~ision so. Ices for the North Catty Regional Mater TreatHnt aa ~ta~d t~t tha cost million, ~otlng that the design and services compomltton has be~n [ated at $2.1650201 and the project Is anticipated to be on line i.,A~stst~nt ¢otmt¥ Attorney La. on stated that this contract, has not :.'-J~'. signed off by the County Attorney's office, but he dOes not ~ntl- !clp~te ~ny problem. He Indicated that there are provisions that not been revlmeed, but recomnded approval of the A~reenent and that the Chalr~ execute sa~e, ~ubJect to review ~ the Catty , . I office to ~e ~re t~t Schedules "F" and 'O" ~/ch have .,~[~ ffi to t~ st~dard fo~ contract are co~tstent with the pro- vts/~ tn the ot~dard fo~ contract. 'B'0-1S~4, 9'O-1S6B JL,qD ~0-1~f, 6 FOR ~, ts a r~est to a~ard 4 b/ds for p~ps, ms,ors, variable fre- ~tves ~d miscellaneous e~lpment for the Raw Hater ~oster It~tion. ~e re.fred that the dest~ contract ~as a~rded to Consoer tn [eb~, 1990. He related that In order to est this ~nter's de~d ~rtod, the consulter ts reco~endlng t~t these ~rl~ls ~ ordered early so that they ~ill ~ readily available at tie of l~tallatton. ~In mr to Conisstoner Vol~, Nr. Bloetscher statd t~t the ~al Pro~rty S~ciallst Troesch stated that on June 23, 1987, the ~Co~tsston entered into a lease a~ee~ent ~lth Couerce Centers of ~aples for 1,8T5 s~are feet of office space located on South Airport ~ad for ~ses of a Sheriff's Substation. She related that the [eue co~nced on July 15, 198~, ~d shall tersinate on July ~;.;~1990~ : She re.fred that the ortgiul rent ~as ~1,406.25 ~r ~nth, or [$16,STS/~r year plus ~ estiuted pro rata share of all e~nses of 8279.68 ~r ~nth. .~. Tr~sch advised that the proceed lease ts for 6 ~onths cos- July 15, 1990 ~d ter~tnattn~ July 14, 1991. She tndic~t~t '::t~re is no provision for a ~nth to month rental option, ~d .r~8~ ~nthly rental J~ $1,581.12 with a pro rata s~re ~uns 19. 1.990 -per /onth. · '~,Troesch stated that the Shsrtff"s Office is expected to relo- :.$~, 1991, ~:~,,:l~~t ~ a~r~ed for a 6 aonth period. June 19~ ~.~0 :'" · Special Projects Coordinator Barton advised that this ia a for the Chairman to excite the Agreement ~tth Collier Health ~e~lcee, Inc., for the purpose of f~ding the I~okalee Urgent Care ter. He indicated t~t the agreement ts effective through 30, ~990. ~rton stated that he ta~d with representatives from CHSX, infold t~t their ~ard set md has appr~ed the He r~ested that the Chai~ exe~te the ~,~ 4:.: /" J'" ' ~ ' 3uae 19, 1990 /'~' Off/ce of Capital Projects Manageaent Director Conrecode reported !,'. ;,.:;.that waled bids for the Marco Island Beach Nourishment and Duns Construction were opened on May 16, 1990, following invitations that 'wre ~ent to thtrty-t~o contractors. He advised that the Iow bidder , Is A~ertcan Dredging Company In the anount of 83,154,000. .- ..?: Nr. Conrecode stated that Staff and the consulting engineer are rscoms~mdlng that the contract for this project be awarded to American :,[: .. · , . ring Coapany.... '~' 4/0 (~m/~lo~ez ~ood~l~ht mt pre.writ), that Bid ~-I&G6 b~ '* ~W Attorney Cuyler stated t~t this ltea Is a r~est for the . to execute Special Assessnent Agreeasnts for hardship cases. explained that It has coae to the County's attention that there are so~o ca~m that should be reviewed to deteratne if a hardship extmtm, If so, the payment of roadway assessments would be allowed on a b~sts. ~e reported that the Finance Director and the County &tt°rn~y,s Office will revt~ each request. .County Attorney Cuyler stated that the revte~ of these cues will rather stringent, and noted that nany of the people who fall into the parameters of fixed incoae will not qualify. ~'~" ':~im~r Volpe moved, seconded by ~i~Ionwr Shanah~n ~ 3'une :1,9. :1990 ~mmt~im~t- ~ Boy'S, mecond, ed bT' Ocem~iNiou~' Volpe and ;~.' cll~Jod 4/0 (OommJomionoT Goodn/ght not pment), to &dopt I~oolutiou ~;'i'" gG-O40,e~llJ~g · z~fer~udum election vithJA tbs Golden Gets liz~ Caetl, ol'o,,d BSmCUO DiotFict tO d~tm/nm if the ~lecto~ B111 ~80 to J~gmoe the totLl m/llsgo not to etched ~ m/ll~ within ~',~ . June ~9, 1990 - · . ~,:~. County Attorney Cuyler stated that he was in court this morning : w,~snthts item was continued. He advised that direction ts needed to July 24 or 31 in order for the preliminary work to be dons to .'apPropriately advise the Commission as to what should be done with ~egard to ~ely Development Corporation's petition. He noted that the !{~xecuttve Summary Indicates the types of things that will be done in !{he interim to prepare the Commission for 190 District issues. /-a Assistant County Attorney Lawson Indicated that this ts an Infer- gathering situation which gives the County Attorney's Office lrsctton during the su~er recess to obtain various Information and ~ame in mid July to prepare for the Department of ''dntstrattvs ~eartngs on September 19 and 20th. 'ii` It was the consensus of the Commission that Staff gather the 'necessary infor~ation and schedule a public hearing on or before July t&.or 31, 1990. ' : '~- eo..Z~l~Ze k,e ,~,sptsd. C~lsstoner Vol~ re~rked that In the p~st 1-1/2 year. t~t he '~ ~n involved with cowry Govermnt, Staff has ~en re~nstve ~.~',~'~ ~ ~s s~n a level of e~rtise ~d confidence that is to ~ co~- ~e indlca~ed that a n~r of objectives ~d achl~e~nts ~n itentlfted, and he would like to see so~e additioul ~ strategic plying. He stated that he is satisfig .lth the do~ ~n ~he p~ year. C~tSsione~ Hesse con.fred w~h Co~lssioners Vo~ ~ ...' ~sst~er Sanders indicated that he has no ~oblem with the ~°~ce of ~ N~ager, but has a conce~ relative to t~ pay i~crea~;-,- He r~lated that he ~lt~es that 5~ on a bum of $8~,000 ~,~ld ~ a ~re appropriate increase, rather th~ the T.5~. . Cmts~ioner S~~ stated that he feels that C~ ~rrill ~s done ~ outst~dtng Job, noting that a 5~ Ancreue 1.~ too ,, ;'?:( Co~taatoner 8a~dera ~eattonad the $~,1~1 for excaaa ~1 [1~ C~t~ ~na~er Dorrtll advtaa~ t~t ahen hie contract m - :'~t of his un~ leave. He lndlcated that ~he a~lce of the ~" ~tto~ aaa that hie ~ual leave be capped at $~0 houra, ~d ~:alnca ha ~ never taken 3 aee~ vacation In the 11 ~aara t~t ha ~ , : See Pages '. ~.~ ~S 1. By approving the negotiated dest~ fee with Coastal Eng~neerlng Consultants, Inc. ~n the amour of 347,000 for Phase III facilities; and ~.~,'~ 2. By authorizing the Board C~lr~ to exerts Su~]e~ntal Agree~nt No. 3 upon presentation ~ staff, which shall scar ~bse~en~ to a legal revt~ ~d approva~ of th~ tnst~ent · ~ the C~ty Attorney. ~-~ ~ 2o2 ~ee ~ ~eco~ds Depa~e~ as o~ '"~ovembe~ ~9, ~990.****~ $~e 19, 1990 ~,OR co~.cTzo~ or ~sgs~s ~R ~ ~ ~ ~ j: '2': :':". See Pages BZD' ~'8~1495 ~ C0~ ~OlO~ ~~~ FACZLZTZIS, P.ge,, / ;!.iltem::P14JE3 Moved to ~ FOR TRANSPORT&T'rON SERVICES W/TH II'LOR,TD&-PRISCffOOL~, ::~; .*II]IT ~:.: ':- ,,, .: %.BZD.~IO,"89-1511 COI~I~OCTION OF ~ GOT. Dg]I ~lk~ -M.G M~LLS ];N TH~ ':',~L~ ~)~OL/D&TION CITIZ~I$ STUDY GROUP RECE,S8 IXTIIIDID UJITZL :S1~1PrBIIB~R :lr 1990 Ct~' ~14G1 , PM/TH ~&RD8 DNV'KLO~ CORPOR&TZON FOR CO)I~~ON OF :...' '. ,':. 3un® l.g~ lggo ~ee Pages . Deleted " . ~ OF I, XTTE~ PRA~J~ITIO~ _. ,.! See Pages 974 .:~ ;., See Pages -~363 Il S~ OF gl~TlOl ~R m [ . ~~~.~S84 ~ORXZX~ A DW ~.. ~.~.. ~-~,/- ~,~ . ~.Z~.~1411 .,;"~ i',, xgeg ,"" .-. i.~!'~; No~'e 214 and 215 Dated 6/01/89 & 6/06/89 ' '' TANGIBLE PI~ FROPI]~ No. 149 Dated 6/11/90 ,i" '* 1988 No. 142 Dated 06/11/90 1989 ..... Page.~ 8 ;* - ~0t. ~ IIMATI · IlO. 55502, Im~. ..... ~:~~l~ OF LID O~ ~Z~ .~.,. -... ~~ OF LI~ ~R ::. ~ See Page~ _ ._ OF LZ~ ~R LOT 94 B~ 246, ~ZT T, OO~'~, · .' See Page~ ~ LZ~ ~R , ~.~ ..... :..27. · ,JATZ~Ad~TZOJl OF LIEN FOR LOT 13, BLOCK 2, MARCO BEACH UNIT 1, DONALD ' ~~~ or L~n ~R L~S 2:, 22, ~ 23 Or ~ ~~ ~T OF See Page*': See See Page~ See Page~ The foli~tng miscellaneous correspondence was flied and/or ~eferred to the various departments as indicated below: 1. Letter dated 5/30/90 to Chairman Hesse, from Rober~ G. Nave, Chief Bureau o~ Local Pla~ing, Department of Comity Affairs, re representative at 6/5/90 BCC meeting. Filed. 2. Me=o dated 5/25/90 to All Small Cities Co~ty Development Block Grant Eligible Co~unities, from Lew~s O. Burnside, Jr., Director, D~v~e~on of Housing ~d Co~ty Development, DCA, re Technical Memorandums. xc: Fr~k Brutt, Ne~l Dottel1, Russell Shreeve and filed. CC to Co~. Saunders of a letter dated 6/04/90 to Sheriff Don Hunter w/Department of Corrections Inspection Report from Virgil Choate, Correctional Officer Inspector II, Department of Corrections. Filed. 4. Letter dated 6/08/90 ~o BCC, copy to Property Appraiser from Darrell W. Smith, Admtnls~rator, Pla~1n~ ~d Budgeting, Department of Revenue, re budget re,est for 1990-91. xc: Netl Dorrtll, Mike McNees, and f~led. 5. Letter dated 6/04/90 to Chairman Edwards, Deputy Asststan~ Secretary, Florida Department of Envtro~ntal Re~latton, re Collter County - SW OGC Case ~90-0788. xc: Nell Dorr~l, Ken Cuyler, Bob F~ey, 6 Letter dated 6/06/90 from i.' 7. Letter dated 5/18/90 to Chairman Hames from Col. Robert moved,. Brantly, Executive Director, Florida Game and Fresh' Water Fish Commission, re Sabal Palm Road Extension. xc: '~:" ' BCC, Geor~[e Archibald, and filed. ,.., 8. Letter dated 5/31/90 from Stan Tatt, President, Florida Shore & Beach pl. eservation Association, Inc., original sent to Mrs. r' Sue Fl/son by addressee, Mr. James C. Giles, re than]ce for copy of Resolution 90-267 and commending the BCC. Filed. ~. 9. Letter w/enclosures dated §/31/90 to Chairman Hames from ?'- Richard L. Fogel, Assistant Comptroller ~eneral, ~enerml '". Government Programs, United States General Accounting Office, re local census review program, xc: Nail Dorrill, Tom McDan~el, and filed. 10. Minutes Received and F~led: A. Bay Management Organization agenda of 6/4/90 and minutem of ' ~ B. Citizen Advisory Committee (MP0) agenda of 5/25/90 and ~.. minutes of 2/23/90. "'~' C. City of Nagles City Council minutes of 6/2/90, 5/~6/90 and 5/23/90. D. Cow Slough Water Control District notice of meetings. ...: E. Florida Transportation Commission agenda for 6/28/90. F. Golden Gate Parkway Beautification agenda of 6/12/90 and ,.~ minutes of 5/8/90. .- G. Golden Gate Fire Control & Rescue District agenda of ,.: 6/[2/90. H. Homeless Advisory Committee agenda of 6/13/90 and mlnu- ~ , tee of 5/9/90. I. Information and Referral Blue Ribbon Task Force Comtittee minutes of 5/24/90&nd agenda for 6/29/90. ;' 3. Little ~tc~ory/~ontta Shores Fire Control D/strict not/- '' f/cation of change of date for regular meetings. :~'.. K. Parks and Recreation Advisory Board agenda of 6/12/90, ~"- 6/2~/90 and action list for 6/27/90 and minutes of 5/23/90. , L. South Florida Water Management District agenda of ~ 5/25/90. M. Water Management Advisory Board Agenda for 6/13/90. '~'/. 1~. Notice To Owner dated 5/31/90 from Carroll Air Systems, Inc., advtstng that they have furnished materials, Iai)or and/oF services for the Collier County Health Services Building · under an order given by BCH Mechanical. xc: Nail Dorrlll, 3ohn ¥onkosky Steve Carnell and flied. 12. Notice To Owner dated 5/31/90 from Consol/dated Symtem~, ':'. Inc., advising that they have furniahed materials, labor :"! and/or services for the Health & Public Services Building under an order given by Southern Machine & Steel. xc: Net1 i. Dorrtll, John Yonkosky, Steve Carnell and filed. ', .: *f..'.:: '. 13. Me~o dat(,d 6/06/90 to Southwest Florida Local Knergency " ':~j:,, Planning Committee from John Gibbons, Staff LEPC, Southwest Florida Regional Planning Council, re Oil Spill First ;.t.,.' Responder Training Course. xc: Nail Dorrill, Bill Lorenz and filed. · 14. Memo dated 6/07/90 to Southwest Florida Local Emergency · Planning Committee from John Gibbons, Staff LEPC, Southwest ?~ Florida Regional Planning Council re Hazardoua Materials Emergenc~ Plan Update Workshop. xc: Nail Dorrill, Bill Lorenz and filed. iS. Memo dated 6/06/90 to John Wilson, Chairman, Southwest ~. Florida Local Emergency Planning Committee from John Gibbons, Hazardous Materials Coordinator, Southwest Florida Regional Planning Council, re LEPC Membership Update. xc: Net1 ~"" Dorrill, Jay Reardon and filed. 16. Copy of letter dated 5/31/90 to Mr. Bill Hill, Chairman United Telephone Co., from Governor Marttnez, re The State Job Training Coordinating Council. xc: Nell Dorrill, Tom Whitecotton and filed. 17. Order dated 6/05/90 from Honorable William Blackwe11, ~ Twentieth Judicial Circuit, re ~uardianehtp of Thad Christopher Oran. Case #90-167-CP-O2-WLB. xc: Nail Dorrill, Ken Cuyler and filed. ~,~ There being no further business for the Good of the County, the 'meeting was adjourned by Order of the Chair - Time: 4=45 P.M. BOARD OF COUNTY .CO~H~ISSION~RS ~,., 0Fe~ClO OOVZRNZN~ 'jBOARD (S) ~ OF ;~.~ · SPKCIAL DISTRICTS UNDER ITS ~l{ese minut~ approved by the Board on presented or as corrected '