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BCC Minutes 12/19/1989 R Naples, Florida, December lg, 1989 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier. and also acting as the Board of Zoning Appeals and aa the governing board(s) of such special districts as have been created according to law and having conducted business herein, set on this date at 9:00 A.M. in REGULAR $1$BXOH in Building #F" of the Goverament Complex, East Naples, Florida, with the following members present: : CHAIRMAN: Burr L. Baundere VICE-CHAIRMAN: Max A. Hesse, Jr. Richard S. Shanah~a Michael J. Volpe Anne Goodntght ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellis Boffman, and Maureen Kenyon, Deputy Clerks; Nail Dorrlll, County Manager; Rom McLemore, Assistant County Managerl Ken Cuyler, County Attorney; Walter Carter, Transportation Director; Frank Brutt, Community Development Administrator; William Lorenz, Environmental Services Administrator; Cliff Crawford, Parks and Recreation Director; Kevtn O'Donnell, Public Services Administrator; Kenneth Baginskt, Planning Services Manager; Bob Blanchard, Comprehensive Planning Manager; John MadaJewskl, Project Review Services Manager; Ray Bellows, Bryan Milk. Robert Lord, Ronald Ntno, and Sam Saadeh, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Byron C. Tomltnson, Sheriff's Office. Decem:Jer lg, lgSg A~]~DA AI~ COI~T AG~IDA - APPROVED ~TH ~ ffi~ t~ fo22~ing ch~ges: 1. l~em 2~E2 - Recommendation ~o a~a~d B~d ~89-2482 Annu~ B2d fo~ rlee~ Vehicles to Bob Taylor Chevro2et, Inc. - De2e~ed 2. l~em 24G2 ~oved ~o 9G2 - P~opo~ed modifications to a ~eso2u- ~on adopting a F2o~da Depa~men~ o~ Na~ura~ Resources~ Interim ~ana~ee P~o~ec~on P~an. (As ~eques~ed b~ Staff). 3. Item 6C22 - Public Hea~ng ~o cons~de~ adop~2on n~e crea~ng ~e C~oko~oskee 2$~and ~un~c~pa2 Service T~ng and Bene~ Un~ (~.S.~.U.) - 4. 2~em 6B? - Pe~on ZO-89-~, representing ~he Board o~ Count7 Commissioners. re.siting an ordinance amending Ordinance 82-2. re TTRVC's - ~o be the second item heard. Coulssioner Saunders presented Employee Service Awards to the following employees: Elder Schreiber, Compliance Services - 1§ years of service. ~a~ntne NcPherson, Parks & Recreation - 5 years of service. Legal notice having been published tn the Naples Dally News on November 30, 1989, as evidenced by Affidavit of Publication filed the Clerk, public hearing was opened to consider an ordln~ce creating the Ohokoloskee Island Municipal Service T~lng and Benefit Unit ~d describing the l~ds to be Included tn the unit as generally all those l~ds on Chokoloskee Island; providing the unit purpose ~d intent; providing for a governing board with power and authority to conduct the affairs of the unit; providing for construction and severabtltty; providing an effective date. Tec~lcal Services Supervisor Huber explained that the put.se of this ires ts to create a t~tng unit to generate revenue t6 defray all Page 2 December 19, 1989 feasibility costB related to the petitioned Chokoloskee Naterllne I~provements. He noted that on September 5, 1989, the Commission accepted a petition submitted by the property owners within the lands known ss Ohokoloskee Island to create the Chokoloskee Island Nater Issass~ent 91strict and authorized advertisement of an ordinance to create ape Chokoloekee Island M.S.T.U. to provide funding for a feasi- bility study. Nr. Huber reported that baaed on the current taxable values of those properties lying within the proposed N.S.T.U., It Is estimated that a tax levy of 0.6 mills would be required to fund the feasibility study. He advised that since the tax levy could not be made until ltscal Year 1990-91, It Is requested that authorization be given to obtain a tax anticipation note to provide funds for the study during Fir 1989-90. Mr. Huber Informed that In order for revenue for this Unit to be restricted to ad valorem tax, the words "and benefit" should be deleted from the proposed ordinance title, and also from the ordinance itself. In answer to Commissioner Yelps, Mr. Huber advised that the amount of the tax anticipation note Is $10,000. Mr. Sa Harriet, of Chokoloskee, stated that many of the property owners, Including himself, knew nothing about the petition, where it c~mo from, or who Initiated it. Mr. Harold Hall, of Plantation Island, stated that public notice was advertised In the Everglades Herald. H~ Informed that petitions wore mailed to every property owner from the tax rolls In Chokoloskes, and reported that In excess of 350 signed petitions were received, noting that this represents well over 1/2 of the property owners. He Indicated that several other property o~rners voiced opposition to the study, and many others were supportive of same. He stated that upon completion of the feasibility study, notice will be sent to each and every property owner advising of another public hearing and the amount of the assessment that would be required to Install the system. Page Decemk~r 19, 1989 M~o Huber advised that 54.?~ of the property owners of Chokoloskee Island signed the petition. Mayor Carlton Butler of Everglades City, stated that petitions were sailed to all property owners which were taken from Collier County's tax rolls. He noted that if any property owner was overlooked, It was not Intentional. There ware no other speakers. C~lasion~r Shanahan moved, ~econded by Commissioner Goodnight e~d c~led unanimously, that the public hearing be closed. Commissioner ~odntght ~ov~d, seconded by Commissioner Shanahan ~ carried unanimously, that the Ordinance am numbered and titled belo~ be adopted, as a~ended, and entered Into Ordinance Book. [o. 3?: ORDII~NCE 89-88 AN ORDINANCE CREATING THE CHOKOLOSKEE ISLAND MUNICIPAL SERVICE TAXIN~ UNIT AND DESCRIBING THE LANDS TO BE INCLUDED IN THE UNIT AS GENERALLY ALL THOSE LANDS ON CHOKOLOSKEE ISLAND; PROVIDING THE UNIT PURPOSE AND INTENT; PROVIDING FOR A GOVERNING BOARD WITH POWER AND AUTHORITY TO CONDUCT THE AFFAIRS OF THE UNIT; PROVIDING FOR CONSTRUCTION SEVERABILITY; PROVIDING AN EFFECTIVE DATE. lt~B7 ORDXILJt]~31 80-89, AMENDXXG VARXOU8 8KCTXON8 OF ORDXXAB'OI 82-2, RS TRAVIL TRAXLI3W A]fD RICREATIOK&L PAI~K C~OUHD DXBTRXCTS - ADOFTKD Legal notice having been published In the Naples Dally News on October 25, 1989, aa evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 82-2, The Comprehensive Zoning Regulations for the unincor- porated area of Collier County by amending Section 20, Definitions, for the purpose of amending the definition of Travel Trailer and adding other definitions as a result of modifications to Section 7.19, Travel Trailer-Recreational Vehicle Park Campground District and by M~ending Section 7.19, Travel-Trailer Recreational Vehicle Park Recreational Vehicle Park Campground District provisions to establish maximum floor areas; length of occupancy; elevated screened-in porches; lot areas and frontage, and setback requlremente= required · upporting facilities; establishing a maximum length of occupancy; Page · December 19, 1989 compliance and enforcement of provisions; providing for connection to public or private facilities; flood plain elevations and to regulate other aepecta of the development of travel trailer-recreational vehicle park campgrounds; providing for conflict and eeverability; and by providl~g an effective date. Planner Nine advised that after much internal deliberation, Staff Ie convinced that the original intent of the TTRVC District should not be changed by a/lowing permanent housing. He informed that the sub- Sect clientele should seek a solution by locating in zoning districts where factory-built housing is permitted. He indicated that the TTRVC District land development involves owner occupied lots as opposed to the more traditional campground environment, and there ts nothing tn the opinion of Staff to change the basic philosophy that the TTRVC District, regardless of its development and marketing strategy, ts a place Intended for seasonal housing opportunities to a visitor popula- tion. Mr. Nine stated that the Collier County Planning Commission (CCPC) agreed that the amending ordinance ts a sound and necessary planning tool, and ought to continue in its amended form. He explained that the CCPC ts recommending approval of the amended ordinance, Including the regulation as to a defined period of occupancy. He reported that the CCPC la also recommending that certain approved developments be excluded from the provisions of the ordinance with respect to limiting the duration of housing occupancy, and noted that the exclusions include the following: both the developed and undeveloped portions of the Imperial Wilderness condominium plat which Is comprised of 520 lots; the Crystal Lake subdivision, consisting of 490 lots; and the Oroperty known as Outdoor Resorts of Chokoloskee, a condominium plat of 283 lots. Mr. Nine called attention to two Issues relating to the exclu- sions: the condominium documents of the Outdoor Resort8 of Chokoloskea prohibit the permanent occupancy of units within their park; the Crystal Lake PUD will coming before the Commission in January, and Page 5 December 19, 1989 the pertinent dozuments include language attesting to a maximum of 7 months duration habitation. Attorney George Varnadoe stated that the Crystal Lake PUD ie an approved PUD, and noted that the current language of the existing doctunent is that there be no permanent residency. He explained that the Crystal Lake PUD is In for a PUD amendment, and Staff has recom- mended the ? month language. He noted that the current language is that as contained in the current ordinance. Mr. Gary Dean, representing Outdoor Resorts of Chokoloskee, stated that his park's condominium documents were written In 1983, as per the TTRVC zoning at that time. ge noted that he has no problem with the original zoning, and that he sees no reason to change lt. Commissioner Yelps referred to the CCPC's recommendation relating to the exemption for the four subdivision parks and questioned what the governing ordinance will be for those four parka If the Commission follows this recommendation? Mr. Nine replied that those parks will be ~ubJect to the TTRVC provisions regarding lot cover, setback, and accessory uses, but they will be exempt from the permanent housing provision. Co~uaisstoner Shanahan noted that there ts a provision in the ordi- nance relatln~ to age, and physical handicap which could, by requesting an extension, gain an extension of the ? month period. Mr. Nine Indicated that it Is the opinion of Staff, that It would be unwtae to make the four exclusions. Commissioner Saunders questioned whether there have been any specific social problems from an enforcement standpoint In terms of people living tn travel trailers for extended periods of time? Code Enforcement Supervisor Clark stated that there is no history of problems with people using travel trailers for permanent housing. He Indicated that he believes that the efforts of Staff wore to clarify the ordinance, since they receive many Inquiries as to how long travel trailers may be occupied. He advised that the existing TTRV parka are extramely well run, but noted that the Issue before the Commission is Page 6 " an ordinance to control wide use, and Informed that the adoption of ful! time occupancy would be in direct contradiction to the Housing Code. Com~temioner maunders stated that he is trying to get a handle on why changem are being made to an ordinance that has been in effect for 6-? years, and prohibits permanent housing, and the propomed change Ie for ? monthm. He noted that perhaps there is a way to address mtan- dardm of housing in these facilities through types of permitted housing, whether there is water, electricity, etc. He indicated that he has not heard any Justification regarding the ? month maximum stay. He stated that his feeling Is to approve the ordinance, but without the 7 month maximum, unless he ts convinced otherwise, by Staff. Commissioner Hamme mentioned that in the past, the majority of the RV parks were rental parks where people came tn and rentmd a mite for a period of time, but noted that the current problem ts that these folks own the property on which they have a park model or motor home. He Indicated that these models are a part of the building and the plot. He suggested that perhaps the Commission should agree not to permit any further developments of this nature in the County, but noted that theme that have already purchased lots tn theme develop- merits have spent considerable amounts of money, and he is concerned about their occupancy being limited to ? months. Commlmmloner Volpe questioned whether there is any State regula- tion of occupancy within TTRV parks? County Attorney Cuyler replied that to him knowledge, there is no legislation which addresses the length of stay. Mr. BaglnskI advised that in reviewing the ordinance, Staff did not ese the distinction between ownership of property and tho allowance of permanent occupan¥ within an ordinance. He Indicated that in the State's definition of recreational vehicles, it Is Indi- cated that park models can be permanently fastened down, and there are provisions relating to compliance, but noted that it further indicates that they should not be occupied permanently. Page 7 December 19, 1989 Co--laeloner Shanahan called attention to Page 10, Item 10 "g" of the ordinance, and suggested that the language read as follows: #Parlanent Location of TTRV Vehicles: TTRV vehicles Including park model, travel trailers may be permanently located on a lot; however, no permanent residency ts allowed." Co~J~i~stoner Goodnight stated that At has been brought to her attention that some of the rental parks are occupied by senior citiz- Ins that have been there for a number of years, and noted that to d~lpllcl these folks, many of which are tn their 80'e and 90's, would baa real hardship. The following persons spoke in favor of the proposed ordinance Illsnd~mnt including the provision that the application of a restricted time frame for utilizing a recreation vehicle as a place of residence not apply to the property referred to as Imperial Wilderness (both developed and undeveloped approved phases) (some speakers were opposed to the the undeveloped phase being Included), Outdoor Resorts of Chokoloskee and a proposed development referred to as Crystal Lake. It was felt that fee simple titles should have no restrictions or disclosures. Mr. Fred Thomas Mrs. Sally Karaffa Mr. Walter LaRose Mrs. Doris Bachand Mr. Donald Candy Mr. Jeff Dane Mrs. Jean Candy Tip/ ~ The following persons spoke in opposition to the proposed ord~- ne~nce amendment: Mr. Charles Cornelius Mr. James Ouldtah Mrm. Ivy Nebus Mr. Gene Fouat Mrs. Marie Corey Attorney Bill Keith Mr. Peter Meeuween Mr. Larry Baaik Mr. George Keller Mr. Emmett Miller Attorney George Varnadoe Reasons of opposttto,, were cited as follows: unfair not to con- sider rental parks as part of the 7 month exemption; the ? month clause Is a hardship to many occupants since they are unable to move, due to health or economics; many elderly residents have no place to Page 8 December 19, ~989 relocate for 5 months of the year; unfair to grant exemption to the condo parks; every park tn Collier County has residents living there frei 9-12 months out of the year; the language in the ordinance should remain ma "non permanent residence"; the owners of many of the parka own lots within them, and they also have a right to be exempt from the T month c~ause; Staff will be running all over the County attempting to enforce the 7 month occupancy llmttat~on, and it will be ~mpoeaibla to do es; the 7 month l~mltat~on is taklng a valuable right away from the lot owners, and they shoulO be compensated for the t~me they can- not occupy their un~te: there should be two separate ordinances. (~lea~o~er Shanahan ~r~d, seconded by Co--~iee~oner Goo4night Co~ssloner Saunders stat~.d that he feels that there ~s total agreement w~th everything ~n the proposed ordinance, with the excep- tion of the 7 month occupancy period. He no,ed that he does have a problem w~th the suggestion of establ~shing two types of red,at,one, =egard~ng e~al protection, and noted that all prop~r~y ~ers should be treated e~ally. He Indicated tha~ he also has a problem w~th eo~eone being red,red ~o obtain a ~et~er from h~s docto= to ]ust~fy ~ng able to stay ~n a r~s~dence for more than 7 months. He ~ggeeted fha~ the ordinance be adopted, but the lan~age ~n the eec- t~on dealing w~th the length of stay sho~lld remain ae ~e, w~th no per- ~ent residency permitted. ~~ ~ttt~on Z0-89-5, m~lng Ordt~ce 82-2, with t~ ~c~tt~ o~ ~tt~ 10. 8u~ctJo~ G. ~lch ~1~ ~ ~~ ~ ~o11~" .... ~ ~hlcl~ /ncl~t~ ~k ~10, travel tratler~ ~ ~ ~- ~tl~ l~at~ ~ a lot; ~er, ~ ~mnt resA~ ~1 ~1~." Cool.eisner Goodntght suggested that lan~age be added to the ordtn~ct which tnd/cates that ~he o~ers o~ the park, or condomlnl~ Iaeoclatlon matntaln a log of the occupants, and In the event that Staff ~hould receive any complain~, they ~tll have a bedim An which Page 9 December 19, 1089 investigate same. Conlss~oner Volpe questioned whether other communities within the 8tats have regulatory provisions which limit the length of stay An TTRVC parks? Mr. Nine stated that Staff received responses from ? communities within the State, and they indicated that their TTRVC Districts are places of non-permanent residency. He noted that they too, are struggling with the same problem as that of Collier County Etaff. County Attorney Cuyler suggested that the Commission cone/der adding language to Subsection "H" of the ordinance: "Evsr~ proprietor, manager, homeo~ere association, or condominium aaeo- ciat/on of a TTRV park .... " ~aatoner Shanahan ~ his ~otton to include tbs additiorml l~g~ cf ~ctt~ "~", u ~ggeeted ~ C~W itto~ ~ler. ~eet~r Sabre accept~ the ~n~nt. ~ call for the ~etlon, the ~tlon c~rrled ~1~1~ t~t ~ ~~ce u ~r~ ~ tttl~ ~1~ ~ adopted, u m~, ~ter~ into Ordtmce ~k ~o. 37: ORDINAI~CE 89-89 AN ORDINANCE A~ENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIOF~ FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 20, DEFINITIONS FOR THE PURPOSE OF AMENDING THE D~FINITION OF TRAVEL TRAILER AND ADDING OTHER DEFINITIONS AS A RESULT OF MODIFICATIONS TO SECTION 7.19, TRAVEL TRAILER - RECREATIONAL VEHICLE PARK CAMPGROUND DISTRICT AND BY AMENDING SECTION 7.19, TRAVEL TRAILER - RECREATIONAL VEHICLE PARK CANPGROUND DISTRICT PROVISIONS TO ESTABLISH MAXI~JM FLOOR AREAS; ELEVATED SCREENED-IN PORCHES; LOT AREAS AND FRONTAGE, AND SETBACK REQUIREMENTS; REQUIRED SUPPORTING FACILITIES; CLARIFYING THE LENGTH OF OCCUPANCY TO INCLUDE PARK MODELS; COMPLIANCE AND ENFORCEMENT PROVISIONS; PROVIDING FOR CONNECTION TO PUBLIC OR PRIVATE FACILITIES; FLOOD PLAIN ELEVATIONS AND TO REGULATE OTHER ASPECTS OF THE DEVELOPMENT OF TRAVEL TRAILER - RECREATIONAL VEHICLE PARK CAMPGROUNDS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. eases Recess: 11:15 A.M. - Reconvened: 11:30 A.M. mt which time Deputy Clerk Kenyon replaced Deputy Clerk Hoffm~n emcee ltem~6Bl ORDIm 89-90 rte PITITION Z0-80-23, MqLV~I~O ORDlmCl 82-2 T~ · ~R~U~q~ ~ RU~a_ t A~RICU~TURE DIS .TRZCTS - ADOI~ Legal notice having been published In the Naples Daily News on November 30, 1989, as evidenced by Affidavit of Publication flied with Page 10 Decembe.' 19, 1989 the Clerk, public hearing was opened to consider Petition Z0-89-23, filed by Community Development Division, representing the Board of County Comniestonere, requesting an amendment to Collier County Zoning Ordinance 82-2, amending Section 7.8, A-l, Agricultural District, Subsection b, Paragraph 2) (f) and 7.9, A-2, Rural Agriculture District, Subsection b, Paragraph 2) (e), permitted accessory uses and structures by eliminating the three (3) years restriction for "Bona Fide Agricultural purposes". Planner Saadeh stated that this petition ts to amend A-1 Agricultural District and A-2 Rural Agricultural District, and If approved, will eliminate the 3 year tine restriction for mobile homes or trailers when used as accessory uses with a bonaftde agricultural Commissioner SauDders stated that the BCC specifically asked for this petition to be brought back, and therefore, there is not a need for any further ~taff report. Oo~iooioner Sh~n~h~n ~wd, seconded by Counieoloner Ooodnight ~ c~z~iedunantmly, that the public hearing be closed. Cmenclealoner Ooodnight norad, seconded by Comn~eetoner Shanahan ~d o~*t'led ttn~ntmou~ly, that the ordinance u numbered ~nd titled belo~be m~opt~d ~nd entered into Ordinance Book #o. ORDINANCE 89-90 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, Tile COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ANENDING SECTIONS 7.8, A-I-AGRICULTURAL DISTRICT, SUBSECTION b, PARAGRAPH 2) (f), PERHITTED ACCESSORY USES AND STRUCTURES AND ?.9, A-2-RURAL AGRICULTURE DISTRICT, SUBSECTION b, PAR&GRAPH 2) (e), PEP~ITTED ACCESSORY USES AND STRUCTURES; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. II:BOLUTXOM 89.-(16 AZ)OPT~NO A lt'LORIU& D~PARTI(K]F~ Or IATURAL RZSOUR~'~S' Dr, Kris Thoemke referred to Item ! under the exemption part of the resolution, noting that this is a !tttle unclear to ht~ as it was hie understanding that Dollar Bay and the areas ~t the southern end of Keeweydtn Island were to be exempt. He stated that the way it reads Page December 19, 1989 it mounds like all the inland waterway from Dollar Bay to the south end of Keewaydin Is/and is being exempt, lie indicated that it also ~lplims that the speed limit in the 20 mph zone is being exempt which ie outside the channel but not within the channel. He presented some new wording to the Board that he felt would be easier to understand. Commissioner Volpe questioned if this ordinance will regulate the activities within the City of Naples, to which County AttorneY Cuyler replied affirmatively, adding that the legislation indicates that the County has to select the plan. He noted that the discussion with the City of Naples will be in the formulation of the plan as opposed to the designation of the areas. Mr. Fran Stallings, representing the Conservancy, stated that he · ~Ipporta the changes of Dr. Thoemke. Commissioner Volpe questioned if Mr. Butch has reviewed this new language, to which he replied negatively. Chief Environmental Specialist Butch stated that from a perspec- tive of protecting manatees, this language is a step in the right direction, but theru does not seem to be any speeds required for recreational boating. He stated that his concern id whether it is equitable for all persons concerned. Commission=r Volpe indicated that he would like Mr. Burch to look over the language and then report back to the Board later in the leering. eeese Later in the meeting, this item was brought back and Mr. Butch indicated that he had some minor changes that he would like to ~akm. Mr. Butch mtated that he would propose that under Exemptions, Xtel l, the first sentence should be deleted and replaced with the following language: "Dollar Bay as defined by all waters between inland waterway markers Green 73 and Green 66, (NCAA Nautical Chart 1X430). The speed limit will be 30 mph for all waters within and out- sade the larked channel in this area." He stated that the first sen- tence An Item 2, should also be deleted and replaced with the Page 12 ~ecembor ~9. rolls-Lng language: "The waters between Keewaydin Island (a.k.a.) Island) and Little Marco Island from the northern end of Little Marco lmland to the Gulf of Hex~co and the water between Little Marco Island and Cannon Island from the northern end of Cannon Island to the Gulf of Mexico. The speed licit will be 35 ~ph for all water within the above defined areas." r.4m~lm~ ~a~ ~oved, .econded by Co~mtaslo~er Sh~h~n ~z~te4~lmm~l¥, t~t R~olutton 89-416 ~do~tt~ a l~qmz~m~nt of latur&! Resource.' lntert. ~t~ ~ot~tt~ Page ~3 ? December 19, 1989 89-9! 1~ FETITION FDA-89-9, WILLIAM R. VI~ OF VI~ & ASSOOX&TI~, INC., Ii'PRESENTING NAPLES DEVELOPMENT G~OUP l~(l~fI~ U AMENDING O~IDII~C~ 82-50 ~#l~f$ NEST PUD BY MAEING VARIOU~ Legal notice having been published in the Naples Daily News on November $0, 1989, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider Petition PDA-89-9, filed by William R. Vines of Vines & Associates, Inc. representing Naples Development Group requesting an ordinance amending Ordinance 82-50 which established Hawk's Nest Planned Unit Development by changing the name to Arbor Trace; by making provision for adult congregate living facilities; by reducing the density of the multiple family housing units; by reducing the height of several planned struc- tures while retaining the height of others; by reducing the floor area of a nu~bsM of the total allowable number of dwelling units while retaining the mlnimum floor area of the remainder; and by making cer- tain other revisions with respect to setbacks, spacing between prin- cipal and accessory structures, and statements to the effect that the approved mmstsr plan does not constitute a subdivision master plan and that the streets are unplatted access drives, all of which modifica- tions apply to ~ropert¥ located on the west side of Vanderbtlt Road (CR-901), 1/2 mile north of Wiggins Pass Road {CR-888) in Section 8, Township 48 South, Range 25 East, Collier County, Florida, consisting of 41 acres. Plarmer Nine stated that Arbor Trace is a revision of a previously approved project which was named Hawk's Nest, adding that the revision le intended to make the housing to be developed in this project more marketable to mn elderly household market desiring elements of common care. He stated that tn addition to the structured housing common cars facilities and services, the housing component of the original Project was changed to buildings of generally lesser height, while some remained the same, but are a reduction in the number of dwelling finite from 232 to 219 dwelling units. He Indicated that throughout · December the process, the PUD master plan remained virtually unchanged. He Indicated that the CCPC reviewed this petition and unanimously endorsed Its approval and Staff has concluded that the petition Is consistent with the Growth Management Plan and therefore, reco~endl approval. He noted that all the stipulations in the Agreement Sheet have been consolidated into the PUD document to the satisfaction of Coutsstoner Volpe cr~esttoned If this project ts going to be served by County water and sewer and If it Is, why the PUD documents tndlcatl that the developer will Install an Interim water supply and on-site treatment facilities? Mr. Vines of Vines & Associates indi- cated that this Is a requirement of the Utilities Department In case, for sous rlason, they are unable to deliver service. Project Review Services Manager MadaJewskt stated that the factlt- till are available and there is no restriction on the capacity, adding that he does not see any problem. He note~! that this Is a standard stipulation that ia put In the document In cas~ something occurs that would not allow the County to serve the project. Coe~isoloner Sh~mahan ~oved, seconded by Coulealonar aoodntght · ~d c~ht-fted un,nip, rally0 that the publtc hearing be closed. Cc~nie~ioner Shanahan noved, seconded by Couatletoner Goodntght a~d ca~rtedunantmly, that the Ordtnanco as nuabered a~d titled belo~eb~ ~pted subject to the Petitlon~r~e Agreement and entered into ~ Book 7o. 3?: ORDIIANCE 89-91 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-50, WHICH ESTABLISHED NA~S NEST PLANNED UNIT DEVELOPMENT BY CHANGING THE NAME TO ARBOR TRACE; BY MAKING PROVISION FOR ADULT CONGREGATE LIVING FACILITII$; BY REDUCING THE DENSITY OF THE MULTIPLE FAMILY HOUSING UNITS; BY REDUCING THE HEIGHT OF SEVERAL PLANNED STRUCTURES WHILE RETAINING THE HEIGHT OF OTHERS; BY REDUCING THE FLOOR AREA OF A NUMBER OF THE TOTAL ALLOWABLE NUMBER OF DWELLING ~NITS WHILE RETAINING THE MINIMUM FLOOR AREA OF THE REMAINDER; AND BY MAKING CERTAIN OTHER REVISIONS WITH RESPECT TO SETBACKS, SPACING BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES AND STATEMENTS TO THE EFFECT THAT THE APPROVED MASTER PLAN DOES NOT CONSTITUTE A SUBDIVISION MASTER PLAN AND THAT THE STREETS ARE UNPLATTED ACCESS DRIVES ALL OF NHICR MODIFICATIONS APPLY TO PROPERTY LOCATED ON WEST SIDE OF VANDERBILT ROAD (CR-901), 1/2 MILE NORTH OF WIGGINS PASS ROAD (CR-888) IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41 ACRES AND BY PROVIDING AN EFFECTIVE DATE. Page 15 December 19, 1989 O'R~]]EA,II~ ~e-92 R~ ~"'~l'I~ZO~ R-~9-1, .,T'[R~ RE, AL, P.~., O~ R. · 'V'~, 1~., ~~Q ~ D~O~ CO~TZO~, ~TZ~ A ~ ~ "A-2" ~ "~" TO D~LOP )~ 80 ~ZT ~TI-F~LY ~0~ ~ ~ ~ZC~ ~ O~ ~ NOR~ 5ID~ OF DAVIS BL~., ~T OF Legal notice having been published tn the Naples Dally News on November ~]0, 1989, as evidenced by Affidavit of Publication f~led w~th the Clerk, p~bllc hearing was opened to consider Petition R-89-~, f~ed by Jerry Neml, P.E., of W. Lamar Evers, Inc., representing Development Corporation, re~est~ng a rezone from "A-2" to "PUD" plied ~lt development, to develop an 80 unit multl-f~ly project ~ ms Pelican Lake on property on the north s~de of Dmv~s Boulevard mpproxl~ely 1-1/2 miles east of Alrport-~ll~ng Road (CR-3~) In Section 6, To--ship 50 South, Range 26 East. Plm~F Lord sta~ed that there ~s a request by the Petitioner ~nclBde ~nto the PUD document Exhibit "B" which ~s an alternate pl~, ~ho~ld the sewer se~ce on Davis Blvd. become available before ~h~s pro~ect starts. He ~ndlcated that the intended use of th~s ~m for 80 ~l~l-fam~ly units In the form of ten 8 unit bul~d~ngs posi- tioned around a 3 acre lake. He stated that the area sh~ ms Tract "B" on the northeast corner shall remain as a preserve area ~d recreation/tennis court/pool area shall be provided. He reported that the property consists of ~9.9 acres w~th a gross density of 4 per acres, noting that lands to the north and west are PUD ~d are developing with a residential use; lands to the south across Davis Blvd. ar~ developing as Cro~ Points PUD; and lands to the east are Bndeveloped A--2 property. He noted that ~he subJec~ proper~y is dll~atl6 Il urban area on the future land use map and based on the density ra~n~ syste~, there would be a density base of 4 un~ts per acre, but be~n~ adjacent ~o a ~rafflc con~estion zone, one ~t acre $0 ~btracted from the density base. He stated that there ~l pFOV~I~on tn the O~owth Management Plan that would all~ m ~o~al of Lore than 3 units per ac~e o~ a total of 60 un,ts. He Indicated that the p~oposed ~e~es~ ~s generally compatible w~th surrounding land Page 16 December 19, 1989 Uses and all reviewing agencies have failed to identify any incon- sistencies with the Growth Nanagement Plan other than the density issue. He indicated that at the CCPC hearing there was no objection to this request, noting that Staff recommended a denial to the CCPC baaed on the request for 80 units per acre, but the CCPC voted to approve this request aa they felt that the additional 20 units would not Impact the area or reduce the level of service on Davis Blvd. He concluded that Staff is recommending approval subject to the CCPC reco~ndation. Conissloner Hesse referred to a roadway that is on the wemtern bom~dar¥ of Pelican Lake and questioned whether Pelican Lake owns the roadway or whether Noon Lake Development owns it? Planner Lord stated that going north the roadway is on th~ Pelican Lake aide and going south, the roadway is on the Noon Lake side. He indicated that the problea le that Noon Lake ia a private community and if they wish, no tr&ffic #ill ,~cceee their property. Attorney George Vega, representing Pelican Lake, stated that the road ia actually built on Pelican Lake property, adding that if the road is left open to the public, then it can be used. He indicated that according to Florida Statutes, it iea public road. Project Review Services Manager MadaJewski atated that he has looked at the plat of Noon Lake which lea p~atted subdivision that was approved by the Board and has their right-of-way in the location that uses this co~on easement. He indicated that the right-of-way has been designated as private, it ie not County maintained or County owned ~nd ia, therefore, considered a private roadway. He indic&ted that there iea portion that ahares the common 60 foot roadway eaae- · snt which was created along the property line. He stated that ~ha entrance to Moon Lake ia off Davis Blvd. and this roadway of their internal circulation. He atated that Staff haa no admi- nistrative ability to allow a private property owner to acceae another property owners proper~y without & mutual agreement be~en the two partiee~ adding that the systems are not compatible ae the one in Moon Page 17 Decembe: 19, 1989 L&ke has been approved and designed under the Subdivision Regulations, but the system within the Pelican Lake pro3ect is not a roadway and is b~eically an extended driveway that meets the requirements of the zoning ordinance. He noted that there is off-street parking directly off the pavement and under those provisions, the traffic flow con- figuration in this project could never be designated as a road, there- fore, there is no logic to any t~e of lnterconnectton between the two pro,acts. Mr. Vega referred to a map showlng the post congested traffic area, noting that he agrees with the Staff report except the part that indicates that if one is adjacent to the congested, density of one unit per acre is lost. He Indicated that the plan does not state ~ch, indicating that it states within the area and Pelican Lake is not within that particular area. He re,ported that the plan indicates that the maximum permitted density shall not exceed four unite if one ~a adjacent to the property, adding that this does not mean that one ~/ntt can be subtracted. Planner Blanchard stated that the density rattng system establishes the methodology and it states that any development whose prtmal~r access is on to one of the roads that represents the boundar~ of the traffic congestion area, that development wtll also be con- sidered within the traffic congestion area. Mr. V~=~ stated that the first line tn th~a section of the plan, aa~ that th~ maximum density shall not exceed 4 residential units if you are adjacent to the area. He noted that what staff ti reading if out of context. County Attorney Cuyler stated that he has been over these provi- sions and his Interpretation is the same as Mr. Blanchardes. Mr. Blanchard stated that these conditions outline how some of the density can be gained back for those projects that fall within the traffic congeetton area. He noted that this project does not fa// into one of the conditions like residential 1n-fill or conversion of commercial property to residential. He stated that the Pelican Lake Page 18 December 19, 1989 / .f project te within the traffic congestion zone, therefore, one unit per acre le subtracted from the 4 unite per acre that Staff started with and then if any of the other bonus criteria can be met, those units can be gained back, but that ts not the case tn this applica- tion. Nr. Vega stated that the quarrel is within the area, noting that they are not within the area, they are adjacent to the area. He stated that hie client also has roadway access which is a confusing argtment. Co~uaissioner Saunders stated that Staff ts Indicating that the · mxt~ma density permitted in a traffic congestion area or in an area that ia adjacent to a traffic congestion area that has principal access to the road forming the bo~n~ar¥ o~ the area, is 4 units per acx. e. He stated that because there is no interconnection with another traffic ~1o~, Staff is then deducting one unit per acre. Co~isstoner Saunders stated that he has problems understanding how the one unit per acre is deducted. County Attorney Cu¥1er stated that the plan Indicates that con- aietency with the following characteristics would subtract density if the project is within the area identified as subject to long-range traffic congestion which consists of the western coastal urban designated area seaward of a boundary marked by Airport Road and ~ncluding an imaginary extension north to the the Lee County boundary, Davis Blvd., County Barn Road, Rattlesnake Hammock Road, and then one dwelling unit per gross acre shall be subtracted. Co~leeloner Saunders stated that the second footnote that says that the laximum permitted density shall not exceed four residential ~lnltl is ~ean~nglee~. P2~nner Blanchard stated that more than four unite per acre can obtained with certain conditions, like affordable housing. Co~miaelone~ Saundera stated that there is no question that thee project is adjacent to the traffic congestion area and their principal access le the road forming the boundary. He stated that the problem Page 19 December 19, 1989 he ham la that there is a naxi~um density of four and then one is being subtracted from it, adding that he is not sure that the rating ~etem ia intended to subtract one unit per acre from the four units per acre. Co--issioner Yelps stated that the project is not consistent with the Growth Management Plan and something has to be worked out. Commissioner Saunders stated that he does not feel that the language is clear regarding deducting one unit per acre. Commissioner Goodntght stated that the majority of the PUD'e around this development have four units per acre and she does not feel colfortable with reducing th~s project to 3 units per acre. She indi- cated that if this project cannot be ~pproved with ~our units per acre, then maybe the project should asr be permitted at all. Comi~sioner Saunders stated that If this project is approved, it te because there ie an Anterconne<.~Aon with ~oon Lake Road and not because of the traffic congestion area. Commissioner Yelps stated that the only issue that has been addressed is the density b~ing adjacent to a traffic congestion area 'and Af that is the only concern, then Staff would be reco~ending that thi~ project be approved ~t four units per acre. Planning Services Nanager Baginski stated that Staff has taken the ]~oeAtion that this project could be approved at 60 units maximum and at so~e time An the future when the interconnection is resolved or improvements have been made to Davis Blvd. then amendments could be ·ade to the project. Mr. NadaJewskt stated that he has no legal evidence that indicates that he should permi~ an interconnection if this private road belongs to someone else. He stated that this is a legal issue that needs to be addressed. He noted that Staf~ needs clear definitive direction with regards to th~s roadway connection. Co~lesioner Yelps stated that Staff is indicating that because of the character of the roadway within the project, Staff cannot racom- Page 20 December 19, 1980 Bend that they be entitled to a bonus for an additional one unit per acre. Mr. Vega stated that the developer has adopted every suggestion that Staff has made and if Staff wants the developer to change the parking es that there cannot be any off-street parking, they would be willing to change it. Mr. ~acob Nagar, President of GNA Development Corporation. stated that for the past 19 months he has worked with Staff on resolving various Issues. He stated that he is going to be connected to Moon Lmke development, noting that they have changed this PUD seven dif- ferent times. Mr. George leller, President of Collier County Civic Federation, stated that everything needs to be done to keep the density down in Collier Oou~iT. He stated that the ar~wth Management Plan calls for three units per acre and this is ~hat should be approved. Planner Lord stated that from the time the petitioner brought in this application he felt that there should be 4 units per acre because the Comprehensive Plan encourages the tnterconnection of properties. He noted that the legality issue of this roadway ts between Pelican Lake &nd Noon Lake. OemmLio~l~ boo moved, seconded by Calosionor Sh~maha~ ~ ~az~ied ummimously, that the p~blic hearing be closed, Com~iaeloner Volpe stated that he would like to approve thio pro- Ject with four units per acre hut that would be inconsistent with the Orowth Management Plan. He questioned if there is a way of deferring thio petition until the matter can be resolved, to which Mr. Lord erased that strict interpretation of the Comprehensive Plan means that thie project would be approved for 60 unite and if at a later date, the traffic congestion issue is relieved, then there could possibly be a PUD document anendment. Contaatoner Sounders stated that it could ales be determined that there is an interconnection at the existing Moon Lake Road and give the petitioner a bonus of one unit per acre which would bring them Page 21 Deceaber 19, 1989 back up to four units per acre. County Attorney Cu¥1er stated that it could be based on their representation that there is an interconnection but to condition the fourth unit per acre on their actual ability to pull the permit and get the' tnterconnectton. He Indicated that this would give them what they say they have, which le the right to travel on Moon L~e Road ~d ~f ~t tu=ns out that they do not, ~hen the PUD has been conditioned on t~t. Co~se~oner Shanahan stated that the Communlt~ Development Se~Acee Department has indicated that Davis Blvd. As currently operatAn~ at Level of Service "c" and the trips tha~ w~l] be ~enerated ~ ~his project will represent a small percentage of the overall traf- fac An ~he area and will no~ reduce the level of eervAce on ~ affected l. oadway, adding that this As consistent with the rest of the =onversat~oh tha~ has been held thi~ date. ~W Att~ ~tch ts to pr~t~ for f~r ~tte c~let~t with t~ ~t~e within t~ project. Mr. Vega stated that lff this mean~ that there will be ~ intercon- nect~on on the petitioner's land, he has no problem with thio. He · ~ated that he is concerned if this means that there needs to be a private approval from Moon Lake. C~ty Attorney Cuyler stated that Hr. Vega has tnd~ca~ed ~hat he has the rtght to use Hoon Lake Road, not~ng tha~ he can tnterco~ect on hl~ property or their property but the condition ts that he e~tablloh the r~ght to travel on Moon Lake Road prior to pulling ~ld~ng para,ts for the additional 20 units. ~r. Vega stated that he can build the lnterconnectton and drive across ~t, ~t th~s could put him tn a "Catch 22" s~tuat~on, noting that if he ha~ to go to the developera of Moon Lake and they ~nd~cate that he c~ot do this, then another problem arises. County Attorney Cuyler stated that if the Board wants to ar~e Page 22 Decemb, r 19, 1989 this utter, then he will have to state that he disagrees with Mr. Veg&'e position that he has the right to travel on that roadway. He It&tad that the Board can consider this and make their decision on this or they can find some Interim ground. Contastoner Saundere stated that the client has indicated that he would be willing to redesign the configuration of the project so that care era not backing out on the street and questioned If this will be dona If this motion is approved, to which Mr. Vega replied afftr- utlvely. Mr. Vega stated that if the motion ts approved, it does not mean ~nythlng because it ts saying that he has to bring the Board some tangible e-ldence from Moon Lake. Mr. NadaJewekt stated that something needs to be definitive because the plan that Is adopted will be the master plan for the pro- ~act ~nd Staff needs to know what -hould be reviewed when the peti- tioner comau :~ with a set of pleas. Co.missioner Saunders stated that there ia a motion and second to approve R-89-1 that provides that there ts a condition on r~caivlng the four unite which ts that the developer provide some evidence to Staff prior to the Issuance of building permits indicating that they hav~ the ability to uae Moon Lake Road. He Indicated that Mr. Vega hms objected to this language. Cosu~lsaloner Volpe stated that Mr. MadaJewski has some reser- vations about approving this even with the stipulation. Mr. Mada]awskt stated that his only objection ts that Staff needs to work from a docum&nt when they get engineering plans submitted by a developer. He stated that there are so many different avenues that this project could fall under and, therefore, they need to have ~omethtng clear as to what will actually be adopted end approved. He stated that the motion should be clarified. He indicated that the site development plan process requires approval of the site con- figuration and the building pads before building permits are issued. He stated that he would ask that the evidence on the legal ability for the interconnect come prior to approval of the site development plan. Page 23 ii' December 19, 1989 Oaeot#ioner Sh~n~h~n ~eaded hie notion to reflect that evidence regarding th~ interconnect be shown prior to site dev~lopnent plan a~rrov~l. ~teatoner Volp~ seconded the a~end~ent. Co~uelaatoner Saundera stated that he feels that there is an inter- connection on Moon Lake Road based on Mr. Vega's representation that he has the right to use that road, which ts the Justification of going from thres to four units per acrs. ~ ~11 fo~ tbs qGe~ion, the .orion c~rrle~ m~nimousl¥ that t~B ~ u nmBb~ ~nd titled belo~ be entered into Oz~in~e ORDXXAI~'Cg 89-92 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNI~:¢ORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 50-26-3; ~Y CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A-2" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN LAKE FOR AN 80 UNIT MULTI-FAMILY PROJECT; FOR PROPERYY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84) APPROXIMATSLY i 1/2 MILES EAST OF AIRPORT-PULLING ROAD {CR-31) CONTAINING 20.4 ACRES, MORE OR LESS, LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Page 24 December 19, 1989 cease BSq:~ooo: 12:40 P.M. - Rock: 12:50 P.M. eases ORD33WLIFFJI 89-03 RI FITXTIOI zo-sg-2e, ALME D. REYIOLDS, AXCP, Or ~ ~ ~l~ 82-2, SE~lOX 9.5, PATIO H~S (~ SX~ Y~) ~ ~ ~ ~BrLI~ IN ~~ TO ACC~DA~ NAT~ ~AYION Legal no~ce hav~ag been published ~n ~he ~ap~eo Da~y ~ews on N~embeF 3~, 1989, as evidenced by Af~Jdav~ o~ Pub3~ca~on ~ed ~h the C~e~k, ~b~c hea~ng was opened ~o consider Pe~on Zo-sg-26 fl3ed ~ A]an D. Re~o~ds o~ ~oo~, M~Je~, Ba~on, So~ & Pee~, ~nc. re,eating an amendment to the Cci~r County Zoning Ordinance 82-2, Section 9.5, Patio House (Zero Side Yard) to allow ~or flexlbilt~ ~n · etback~ to acco~odate native vegetation and site ~ea~ures. Planer Delate stated that the zoning ordinance presently provides that no olde yard setbacks are permitted on the side off pa~o house while the c~mL~ned s~de yard is required on the opposite side of ~he parcel. He o~ated that there is no allowance for an increased olde ~ard setback tn the present ordinance, noting that there ~s no all~ce for five feet on one side and ten feet on the other ~ne~ead of ~he all~able zero and 15 foot setback. He sta~ed that ~h~. amend- nent w~ll remedy this b~ allowing an Increased olde yard of not less th~ five feet with the balance of the combined s~de yard setbacks to occur on the other s~de of the pro~e=ty, noting ~hat the ~ntent of th~o flexibility ~s to a/low ~evelo~ers to bu~l~ around stands of existing vegetation and un~que site amen/t/es w~thout d~sturb~ng those feRture8. It ts not ~he intent of th~s amendment to allow developers tho oetbeck option fo~ ~he oo~e ~u=poae of ~ealgn, f~exAb~ll~ o~ vaF~et~. He stated that there shoul~ be bonaf~de 9reservation or con- 3e~at~on reasons behind their ~ntent~ons. ~e ~ndtcated that the OCPO held their ~b3~c hearing an~ unanimously reco~en~ approval, there- fore, Staff ~s reco~endtng approval. Mr. AI~ Re~o~s stated that the specific ~ro~ect that they have ~n m~nd ~o Horr*s Island, noting that f~ve feet wou~d be the m~n~ Fard that ~u~d be allowed ~f ~t was ~ncreased from zero, no~ng tha~ Page 25 Decembe.' 19, 1989 there ,~ould be no less than five or a zero side yard setback, but in the process of a patio home approval, there would be a minimum distance between structures that would be reviewed and approved at the ti~e of lite plan review. He noted chat the houses are usually s~ruc- tured so that there would be a large set:back on one side and would be the ewe separation as there would customarily be otherwise. Mr. Leonard Llewlyn stated that he is in favor of this amendment as it will give flexibility with regards to xertcscaptng and water shortage. ~l~r ~h~ah~n~ov~d, eecond~dby Co. missioner amd ~-rt~d unanimously, that that the public h~artn~ be clo~ed. Co~m/~ton~r Shanahan ~, seceded ~C~lmml~r ~ ~1~ ~t~ly, t~t tbs ordt~ce u ~r~ ~ O~IN~CE 89-93 AN ORDINANCE ~B~DING ORDINANCE NUMBER 82-2, TH~ COMPREHENSIVE ZONING REGULATIONS ~OR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY ~ENDING SECTION 9.5, PATIO HOUSES (ZERO SID~ YARD), SUBSECTIONS a., c. AND d. BY MODI~ING THE SIDE YARD R~QUIREMENT TO ALLOW FOR A REDUCED SIDE YARD SETBACK; BY PROVIDING FOR CO~LICT AND SEVERABILITY; A~ BY PROVIDING AN EFFECTIVE DATE. ~~ ~94 ~ ~ITI~ NO. R-89-13 ~LLI~ PA~ OF ROLE, ~S ~ ~ ~~ ~ING O~IN~ 82-2 ~ ~QZNG ~ ZO~ ~~TI~ OP ~ ~~ ~ A-2 TO ~ ~R ~ RI~ ON ~ Legal notice having been published tn the Naples Dally News on November 15, 1989, as evidenced by Affidavit of ~bllcatlon flied with the CleFk, ~bltc hearing was opened to consider Petition R-89-13 flied by William Pa~e of Hole, Montes a Associates representing Pentn~la I~rovement Cor~ratton, re~esttng an ordinance amending Ordtn~ce 82-2, the Comprehensive Zoning Re~latlona for the ~tncor- ~rated area of Collier County, Florida by amending the official zoning etl~s ~ap 49-25-6; by changing the zoning classification of the herein described real property from "A-2" and "A-2ST" to "PUD", plied ~tt development kno~ as Hawks Ridge, to create an Integrated Page 26 December 19, 1989 mixture of single and ~ultI-famIly residential land uses accompanied by recreation facilities and open spaces, located on the west side of Airport-Pulling Road (OR-31), 1.5 miles north of Golden Oats Parkway (CR-886), Section 23, Township 49 South, Range 25 East, Collier County, Florida; and by providing an effective date. Planner Nino stated that the agenda packet adequately describes the location and the surrounding land uses and zoning, noting that this petition will allow 93 single-family dwellings end 143 multi- felly unite on 78.83 acres of land. He stated that the density Is consistent with the Growth Management Plan. He Indicated that Staff Is satisfied with al/ changes, but the petitioner has two Items that he is not In agreement with, noting that one has to do with the mariner In which model homes are to be built in this project. He noted that the s~lggesti-n ts that they will be built prior to the recording of the plat. H~ Indicated that staff does not agree with the wording in the PUD document as it relates to Section 3.2.d.4. on Page 9. He indicated that Mr. Varnadoe came up with some additional language this date but there has not been agreement on that matter at this time either. He noted that in addition, Staff ts not In agreement with the provision in the exemption section to the PUD document for subdivision regulations relative to the deletion of sidewalks, adding that it has been Staff's optnlon that sidewalks should be required on one side of all the streets within the PUD. He Indicated that the COPe reviewed this petition and unanimously endorsed it with sidewalks being built on all the streets and also challenged the model language but never Indicated what they expected that language to be. He stated that Staff le recommending approval of this petition with sidewalks throughout the project and with regards to the building of the models, there Is not a recommendation. Mr. Mad&]ewsk! stated that Staff was concerned and he talked with the developer about the issue of allowing building permits prior to the recording of plata, noting that since the PUD document would revise the Subdivision Regulations, Staff needs something that ts con- Page 27 December 19, 1989 sietent and could be uniformly administered for this project and any other PUD. He referred to some language Mr. Varnadoe presented to the Board for consideration, noting that on Item 4B he would like to add the word #permanent" tn front of certificate in the last sentence. He stated that he would request that the word "dry" be added tn front of Iodele in the last sentence of Item C. He ind~cated that Mr. Varnadoe has sole language that could be inserted that deals with how deeds will be transferred to individuals prior to recording the plat. Wr. Varnadoe stated that he has no problems with the additional l~nguaga to Items "B" and "C", adding that at the end of Item "D", he ii trying to deal with what happens once the plat is recorded and he would suggest another sentence that would say: "Corrective deed shall be recorded once the plat is recorded." He noted that this would simply faF!ace the meets and bounds deed with a deed that makes reference to the recorded plat. He Indicated that Lots 1, 2, 3, and 4 #~ll be used for models. He stated that the other outstanding Issue ie the sidewalks, noting that there is a spine road that traverses the middle of the property. He stated that with the exception of two tingle-family lots, all the others are accessed off the side streets. He indicated that the cul-de-sacs are very short, which was interrded in order to keep the speed down and have a wooded lane appearance. He lnd~cltad that they are proposing one sidewalk that would be next to the ~ulti-family parcel and lead to the recreation center or to Airport Road. He stated that they are not proposing any sidewalks on the cul-de-sacs. He stated that he feels that there should be some Innovative design and not be too restrictive except where safety requires the sidewalk. He noted that the maximum speed will have to be 20 ~ph or Ieee on al/ streets except for the spine road. Co~aleeloner Shanahan questioned if the proposal by the petitioner ehow~ only one ~dewalk on the south side of the main thoroughfare, to which Mr. Varnadoe replied affirmatively. Co~ee~oner Volpe stated that he has concerns with regards to drainage. Mr. Varnadoe stated that conceptual approval has been Page 28 Decambe,' 19, 1989 give. Nr. Mada]ewekt stated that there is a fallback position if appro- val Is not granted by the SFI~I~D, noting that the developer could create a zero discharge system which would affect his site or the developer could open up a drainage way to the northwest. C4~al~loner Shanahan ~ov~d0 seconded by Co--issionsr Rase~ ~nd ~lg~l~u~lT, that t~ ~bltc ~aring ~ clo~. Coatsstoner Shanahan stated that the Issue of sid~alks ts still ~tst~dtng, adding that he does not see a need for std~alks thr~gh~t the pro,act, ~t ~ould race,end that there be stde~alks on ~th sides of the satn thoroughfare. Nr. Nada~ski stated that sidewalks are re, ired and recommended ~ local streets, noting that soma of the cul-de-sacs are about 1,000 feet In l~n~th. He stated that Staff could comprostse on sase of the shorter ~l-de-sacs. He indicated that Staff feels that it Is only logical to have sidewalks on st least one side of the street in a pro- ~ect like this. co~ty Hanager Dorrill stated that 60I of the homes to the north in Pine ~oods have elementary or middle school aged children and there ere std~alks, noting that as a rule good subdivision planing would dlctlte that there be sidewalks tn front of homes to keep children out of the road to the extent possible. Coulseloner ~hanahan stated that he cannot see ~ttlng oid~alks on every one of the cul-de-sacs. Mr. Varnadoe stated that the roads all loop and then connect, noting that this ts going to be a unique subdivision. Hr. Hada~ewaki stated that there are five locations that are too short for a etd~alk, which are Harrier Loop, Hawks Ridge Loop, Oosh~k Court, Harlana Circle and Harlans Loop. ~ni~ b~ ~ t~t Petttin R-aP-13 ~ a~ with t~ ei~~ ~ ~ Csiesi~er S~ ~d with t~ ~t~ica- t~ 1~. ~ ~ Cslssla~r Vol~. Paga 29 Decembe.' 19, 1989 Comiaeloner Saunders questioned If the Lotion ~e to put on the ~aln road ae well ae the cul-de-sac roads? He Indicated that Couleelonsr Shanahan proposed sidewalks on both sides of the Lain road as opposed to Just one side and question if that ~e being el[Lt- hated? Co.missioner Rases Indicated that his motion ts to have ~ ~th mldes off the ~tn road as well as on one side of the cul-de- ~ac~. He stated that the five short streets are excluded. Co~tssioner Sanders stated that out of fairness, the original staff reco~enda~ton should be approved, which is sidewalks on one · ide of th~ main spine road and then sidewalks on the ~l-de-sace with the previously five mentioned areas being excluded. ~~t~ ~ ~ his ~tlon as refer~c~ a~ Co,la, loner Goodnigh~ s~ated tha~ she could no~ suppor~ ~o~on as sidewa~s are no~ a criteria ~n buying a ho~e, no~ng she does no~ fee~ ~ha~ sidewalks are necessary. Co~iss~oner Volpe ~es~oned if the ~odel ho~e ~s~e is par~ ~he ~ot~on, to which Co~issioner Saunders replied ~ ~ll f~ ~ ~ti~, t~ ~ti~ carrt~ 4/1, (C~iesi~r O~I~CE 89-94 AN ORDZNANC~ ~END~HG ORDZHANCE N~B~R 82-2 ~H~ ZONING R~GU~A~ZON5 ~OR ~HE UNINCORPORAteD ARgA O~ CO~/~R COUH~Y, ~ORIDA BY ~EHD~HG ;HE O~ZCZA~ ZOH;~G AT~AS HAP 49-25-6; CRAHGZHG ~H~ ZOHING C~ASS~;CA;ZOH O~ ;~ HEREIH DESCRIBED PROPER~ ~RON "A-2" A~D 'A-2S~' ~O "PUD" , P~AN~D D~V;~O~H~ K~O~ AS ~A~S RIDGE ~O CREA~E AH ZH;EGRA~ED HIX;URE OF S~NGL~ A~D ~LTI-F~ILY RESIDENTIAL LAND USES ACCONPAN~ED BY RECREATION FACILITIES AND OPEN SPACES, LOCATED ON ~ST SIDE OF A~RPORT-PULLING ROAD (CR-31), 1.5 NILES NORTH OF GOLDEN GATE P~AY (CR-886), SECTION 23, TO,SHIP 49 SOUTH, ~NGE 25 EAST, COLLIER CO~, FLORYDA; AND BY PROVIDING AN EFFECTIVE DATE. Page 30 December 19, 1989 eee De~l~a~Clerk Noff~n replaced Depu~ Clerk ~ at thie tin eee Xt~~ Legal notice having been published tn the Naples Daily News on Novem~r 19, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-89-10, f~led ~ William Pa~e of Hole, Montes a Associates, rspresenting Pe~l~lm Xmprovemen~ Corporation requesting Subdivision Master Plan appr~al for the proposed Hawks Ridge PUD on the west side of Airport- ~lling Road, 1.5 miles north of Golden Gate Par~ay, containing 78.83 acres. ~rther described as all that part of the North 1/2 of the Northeast ~/4 of Section 23, To.ship 49 South, Range 25 East, Collier Cowry, F~o~ida, lying Westerly of AArport-~lling Road. Companion Petition R-89-~3. Plier Wino sta~ed that this item As a companion to Petition R-89-~3, as discussed An the previous item. ~ere ~re no spewers. ~M~~lT, tMt htlt/~ ~-89-10 ~ a~~, ~ ***RESOLUTION NOT RECEIVED AS OF JANUARY 31, 1990 Pa~ 31 Decembe~ 19, 19S9 OI~XIABICl 89-98, PrA'XTXON 69-14, ROBKI~T I~AJIK OY HOLK, ~ ~~ ~X~ ~. PA~Y, ~, ~TX~ ~ ~ OF ~~ RO~/X-75 l~~ ~egal no,Ace having been publAshed ~n the ~aples DaAI~ News on ~ovem~r 30, 1989, as evidenced b~ Af~idavA~ o~ Publication ~iled the Clerk, ~bltc hearing was opened to consider an ordinance amending Ordtn~ce 82-2, The Comprehensive Zonin~ Re,la,tone for kne untncor- ~rated area of Collier County, Florida, by amendin~ the o~ftcia] zontn~ atlas asp n~ber 48-26-9 by chan~ln~ the zonln~ claeelflcatlon of the herein described real property from A-2 to "PUD" Planned Unit ~lop~ent ~ as Breez~ood for a potential mixed use development o~ retail mhd non-retail co~ercial land uaea for proper~y located on ~he ~outh~s~ ~orner of l~okalee Road/I-75 Interchange ~adran~, con~ainin9 2.41~ acres, located in Section 30, T~ship 48 S~th, ~ 26 East Collier County, Florida. Petition R-89-14/Hole, & Ae~oclates representin~ Fredrlck Pauly, Trustee. Co~t~e~oner Volpe advised that because he has a beneficial Interest in a piece of propert~ ~hlch is located In the vicinity the subject property, he will abstain from votin~ on this petition. Planer ~tno Indicated that ~he purpose of this petition l~ ~o rezone the ~bJect pro~rty from A-2 to PUD. He advised ~ha~ pro~r~y contains 7.24 acres of land, and the uses aa proceed are of a co~ercAal nature. He informed that it Is the opinion of Staff, that tnae~ch as this ts an activity center ~hlch consists of more land than the subject property, subsequent appllcation~ for proper~te~ ~l~hin ~he activity center have ~he opportunity to address ~he full r~e of uses l~lted ~ the retirement of ~lxed umee. He noted that ~taff feel~ tha~ this petition ts conststen~ with the activt~y cen~er, and no Level of Se~ice ~11 be adversely affected. Mr. Nino called attention ~o the PUD Document, Engineering, 'd', rela~ln~ to the access road to the ~lte. He no,ed reco~endin~ that this a~lpulation be amended to reflect tha~ the Page 32 December 19, 1989 ~etttJoner ha8 the legal right to use the access road, and that an agreement will be forwarded to the County indicating that the Developer wll! be reeponetble for maintenance &ctlvLttes untL1 ~uch ttwe ma the County as~umee maintenance reeponetbtltty of that road. There were no ~peakers. ~ 4/0 (C~mm/mim~ Volpe atmtm~ned) that the public hea~tng be O~ZX~ 89-96 ~ ORDZN&HCE ~DING ORDinAnCE 82-2, TKE COHPRE~ENSZYg ZONZ~G R~G~IONS ~OR T~ U~NCORPO~ED AR~A O~ CO~R CO~, ~ORIDA, BY ~ND~NG TRE OE~ICIA~ ZONING A~AS HAP ~R 48-26-9 BY CRARGZ~G T~E ZONING C~SSI~ICA~ION OE T~ RER~ZR D~SCRIB~D PROP~R~ EROH A-2 TO "PUD" P~AN~D U~ D~V~O~E~ ~NO~ BRE~Z~OOD ~OR A POTE~TIA~ H~X~D USE D~V~OP~N~ OY R~A~ AND NOR-RE~&Z~ CO~ERCZA~ ~AND USES ~OR PROP~R~ ~O~&~ED SO~S~ CORER O~ I~OEA~E~ ROAD/~-Y5 ~T~RCR&~G~ QUADRO, CO~&ZRZNG Y.41+ ACRES, ~OCATED ZN S~C~ON 30, ~O~SR~P 48 Page 33 December 19, 1989 OII~I]IA]IC~ e9"9~, AM~(DTII~ ~l~ 72-1, ~ CO~Z~ C~ ;~ (~~ O~ ~~) - ~eg~l notice having been published In the Naples Daily News on N~e~ber 28, 1989, aa evidenced by Affidavit of ~bltcatton filed the Clerk, public hearing was opened to consider an ordtn~ce a=endtng Ordtn~ce No. 72-1, the Collier County Street Lighting Ordinance by re~altng Ordtn~ce No. ;8-~9 and Ordinance No. ~8-62; (Park Shore Unit ~ ~nd ~e;;~te Subdivision and Parcels 3, 9, 6, 4, and 10 ~hich h~ve been ~exed ~ the City of Naples). ~ere ~re no speakers. kl~ k ~tg ~ ~te~ into ~dt~ce ~k Io. 37: O~ZN~ 8~96 AN ORDINANCE ~ENDING ORDINANCE NO. 72-1, THE COLLIER COUN~ ST~ET LIGHTING ORDINANCE, BY REPEALING ORDINANCE NO. 78-79 ~D ORDINANCR NO. 78-62; PROVIDING FOR CONFLICT AND SE~BILI~; ~D PROVIDIHG AN EFFECTIVE DATE. %t~ ~2 ~~ T~ ~T - ~~ Lega~ not~ce hav~ng been publ~ohe~ ~n ~he Nap~eo Da~ly News Hovember 30, ~989, ao evidenced by A~f~dav~ ~he Clerk, public hearing wao opened ~o co~o~er a~ ordinance con- Mob~Ao Home Park S~ree~ L~h~ng ~n~c~pa~ Service T~ng Tr~s~r~a~on D~rec~or Car~er 8~a~ed ~ha~ ~n Cc~ober, ~989, ~he ConSooAon adop~e~ Ordinance 89-73 which ~rea~e~ ~he R~ve~oo~ Mobile Home Park Stree~ Lighting NSTU. He advtoed ~ha~ ~he af~ec~od proper~ Page 34 December 29, 1989 have bean notified, and the proposed ordinance will confirm and ratify 0rdinanca 89-73. There were no mpeakmrm. g~[~i~ ~hanahan~ov~d, ~econd~db ~ ~ ~ ~t~ into ORDX~ANC~ 89-97 AN O~DIN~,4CE CONFIRNING AND RATIFYING ORDINANCE 89-?3 WHICH CREATED THE RIVERWOOD MOBILE HOME PARK STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXA- TION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE. Xt~ ~C8 O~DXIiM~'~ 89-g8, CONFI~G THE CI~HATXON OF THE OCROPE~ FIR~ DI~IItXCT Legal notice having been published in the Naples Dally News on Novamber 30, 1989, as evidenced by Affidavit of Publication flied with tha Clark, public hearing was opened to consider an ordlnanca con- ftrltng the creation of the Ochopee Fire District Advisory Board. Thara were no epeakezs. O~s~l~ Sl~zm~mn ~ov~d, seconded by Co~/aelon~ ~odnl~ht ~ ~lg ~i~ly, t~t the Ordl~ce as na~ ~ title ~1~ ~ ~~ ~ ~t~M into Ordtmce bk Io. $~: O~IN~ ~9-98 AN ORDINANCE CONFIRMING THE CREATION OF THE OCHOPEE FIRE DISTRICT ADVISORY BOARD; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY BOARD; SETTING FORTH THE DUTIES OF THE EMERGENCY SERVICES ADMINISTRATOR OR HiS DESIGNEE; PROVIDING FOR REVIEW AND PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Xt~ ~4 GI~)Z~I,IGBII-*9, AN~NDI']IG OKDX1AJffCE 78-49, BT CHAN61'N~ TH~HAIE~OPTH~ Dl~Irlll~TO ~ OF CAPRI MUNICIPAL l~SL~7~ AND ~ SERVZ~ TAEIN~ Legal notice having been published in the Naples Daily News on November 30, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance No. 78-49, by amending Section One to change the name of the District to Isles of Capri ~unlcipal Rescue and Fire Services Taxing District; by amending Section Three to include rescue sez'vlces as one of the purpo-..~s of the District. Ther,. we~,e no speakers. ~ ~m-z~e~ un~nl~v~l¥, t~at the ~blic heel-lng be clo~ed. ~~ ~ly, tht t~ ~dAn~ce o ~~ ~ titl~ ~ ~d ~ ~t~ 1nrc ~t~ ~k Ho. 37: O~lJ~ 8~99 AN ORDINANCE ~ENDING ORDINANCE NO. 78-49, BY ~NDING SECTION ONE TO C~GK THE N~E OF THE DISTRICT TO ISLES OF CAPRI ~ICIPAL RES~ A~ FIRE SERVICES TAXING DISTRICT; BY ~E~XRG SECTION T~EE TO IHCLUDE RESCUE SERVICES AS ONE OF THE PURPOSES OF THE DIS~ZCT; PROVIDING FOR CONFLICT AND SEVERABILI~; PROVIDING AN K~ECTXVE DATE. ~ ~ ~~, ~~~ VACATIO~ O~ A ~~ ~ Legai no,ice having been public,ed in t~e Naples Dali~ Newo on Decem~r 3, and 10, lgsg, a8 evidenced b~ A~1davit of ~blicatton fl~ed with tho Clerk, public hearing wao opened to conoider Pe~ltio~ Av-sg-024, ~iled ~ Conercial Development Com~an~ re~reoented ~ ~ouFe~, re~eoting ~o vacate a u~ilit~ easemen~ in order ~o ~onot~ct a ~tldlng for general commercial uses on the east sade o~ ~t 11, Block 8, ~aplee Park, Unit 1, less the northerly fl feet thereof, Collier Count~, Florida. Tr~rtation Director Carter informed ~ha~ ~him ~it~on Sm a r~est to vacate a 7.5 feet sade yard u~lA~ easement Zocated on 103rd Avenue North, ad~acen~ to U.S. 41. He advised tha~ the existing Page 36 December 19. 1989 so~ln9 le 0-30 and the o~nere have aggregated several lots together. ga indicated that tn order to better locate a building on alta0 pro- vide for adequate parking and site isprovemente, the petitioner daeIrea to vacate the utility easement. Hr. Carter stated that the appropriate "Letters of No Objection" have bean received from the utilities, and noted that Staff has no objections to this petition. ~l~are wer~ no epea~ere. oa~le4unmnlmdMaoly, that the public bearing be closed. Co~uulesloner Volpe expressed concerns that this may be an Instance where the Commission ts encouraging a person to proceed with the deve- lopment of this piece of property for a couerctal uae, and to attempt to vest has rights before April lat. He Indicated that he does not want any action taken by the Commission to be construed aa creating any type of approval of the vesting of the pettttoner*a rights with respect to the development of this particular parcel for commercial purposes. Conieetoner Saundera stated that the Commission la required to permit development which Is consistent with the Comprehensive Plan, and noted that this may result tn some commercial areas being deve- loped, which down the road, may not be permitted. 08mtloeloz~FB~ooe BaYed, seconded by Commissioner Volpe and cu~TlmdunmLtmouzly, that Petition 8~-024 be approved, t~by mJ~ptingRooolutton 800418. Page 37 Decenber 19, 19~9 JI:ESOLI71~ZO1f 89-419, SMP-89-14, Q. GR&DY MTNOR RKPRKSKHTTNG DO~,I]~ZC ~A, Iq~QIIKSTING ~JOBDZV/SION M&STKR PLAN (PALMETTO RTDGK) FOR ~ LOCATKD W/TIIZN M/LLOOGHY ACRES -ADOPTKD SOB3KCT TO Legal notice having been published tn the Naples Daily News on December 3, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-89-14, tiled by l~ark W. Minor of Q. Grady Minor and Associates, representing Dominic LaGrAsta, requesting Subdivision Master Plan approval for P&lmetto Ridge, located on the east one-half of the southwest one- qnarter of the southeast one-quarter, except the west 30 feet and less the north 745 feet and less the south 160 feet; together with the · outh 330 feet of the north 745 feet of the east one-half of the eolzthw~st one-quarter of the southeast one-quarter, ell in Section 24, Township 48 South, Range 25 East, Collier County, Florida (East side of Lakelan4 Avenue & South of Mentor Drive). Planner Milk stated that the petitioner is seeking approval of a Subdivision Master Plan for a 29 lot single-family residential deve- lopment #~thin W~lloughby Acres. He informed that access to provided from Lakeland Avenue and Piper Boulevard, and noted that thts project provides for public water and sewer facil~ttes. Mr. Milk indicated that during the review process, the Water Management Advisory Board and the Environmental Advisory Council satisfied themselves that their concerns were adequately addressed. He noted that the Collier County Planning Comm~ssion revtewed the sub- '~ect petition on December 7, 1989, and unanimously recommended appro- val, sub~ect to the st~pulations as contained in the Agreement Sheet noted as Exhibit WA'. He advised that no member of the public 8~oke Sn opposition to this petition, nor otherwise communicated an ob~ec- tton to Staff. Mr. Milk advised that the density of the proposed Subdivision Maete~ Plan 1o consistent w~th the Growth Management Plan. He stated that the pertinent County agencies have reviewed the petition and all Page 38 December 19, 1989 and have determined that no Level of Service will O0..410bermkrlfl:~. Page 39 December 19, 1989 R~O/,UTZ~ ~4~'420, PETITION SI41)-89-18, ROBERT I'URLOII'G O/' WILSON, NZ:Z,Z,,BR, B&IL'TO~, BOT.,L · FEE~, Z~C., REFRESEXTZNG NORT~GA'II VILLAGE Legal no,ice having been published in the Naples Daily News on ~cem~r 3, 1989, as evidenced by Aff~davit of ~blicatton fi~ed with the Clerk, ~blic hearing was opened to consider Petition SMP-89-18, fl~ed ~ Robert ~r~ong of Wilson, Mil/er, Barton, Sol~ a Peek, Inc., rep~eeent~ng ~orthgate Village Development Corpo=ation, re~esting 8u~lvie~on Master Plan approval for Northgate V~l~age Unit 3, to be located ID Moo=inge Park Estates Planned Unit Development, Section 15, T~ehip 49, Range ~5 East, consisting of 4.71 acres. P~er Bell~s stated that the subject property is located on the north etd~ of Northgate Drive, south of Pine Ridge Road, ~d approxi- ~tely T00 feet east of Goodlette Road. He indicated that the petf- tioner is proposing to subdiv~de the 4.T~ acre tract into 1~ lots, ~d develop the~ ~nto sing~e-family housing. He advised that this ~rrently yacht and zoned PUD, as part of the Moorings Park Estates. Mr. ~l~s re~rted that all of the appropriate revf~ing agen- ~iee have approved this petition, and noted that any r~eeted ~ations have been included in the Petitioner's Agreement Sheet. He stated that no cogent has been received, either for against this ~tition. He noted that the Collier County Planning Co,lesion ~i- ~y approved this petition. ~. Be~s indicated that all of the utilities are in, ~d not~ that access to the project will be via Notthgate Drive. ~ere ~re no 1~ 4O OJtDl3i~SgR e~'100, JkNI~IDXN OIWXIZ~VC~ 82-2, ~ X~ ~gal notice having been published in the Naples Dally News on No~m~r 30, 1989, aa evidenced by Affidavit of ~bltcmtlon filed with the Clerk, public hearing was opened to consider an ordinance a=endtng Ordt~ce 82-2, The Coaprehenstve Zoning Re~lattone for the ~tncor- ~rated area of Collier County, by adding a new Subsection 9.14, Corridor H~age~ent ~erlay District - Special Re~lattons for pro.r- ties a~tt~ng Golden Gate Par~ay Nest of Santa Barbara Boulevard and ~oodlette-Frank Road mouth of Pine Ridge Road. Co~rehenslve Planning ~anager Blanchard advised that the proposed ordt~ce ts the L~d Development Regulation which ~tll taple~ent the Corridor ~agement Study which was prepared for Ooodlette-Frank Road m~th of Pine Ridge Road and Golden Gate Par~ay from Santa BarBara ~l~ard to U.S. 41. He explained that Policy 4.2 of the ~tqxre Land Use Ele~nt of the Or.th Hanage~ent Plan re~tred the preparazton thim study. Hr. Bl~chard Informed that the Corridor Study Identifies urb~ desl~ objectives, reco~ends an organizational fra=~ork Esr ~ntatlon, and suggests ~aslble funding mechants~s. He noted that on ~rch 7, 1989, the Co~laaton =et tn a Joint revt=w session with the Naplem City Co~ctl, ~d directed Staff to prepare L~d L~elop=ent Re~latlons to laple=ent this Study. He Indicated that the proposed ordinance completes this direction. Hr. Bl~chard advised that the ordinance establishes a Corridor N~a~nt ~erlay District for ~hlch specific re~lattons ~d demt~ ~idelines will apply. He noted that the overlay district extends 330 feet from the right-of-way, and there will be specific development ~lationm ~d dest~ criteria within this district which addresses ~lldlng setbacks, silage, access, l~dacaptng and buffering. He infomd that the ordinance ts consistent with those that are included In the City of Naples re~lattons, and Includes the ch~gem as recoa- Page 41 December 19, 1989 ·endsd by the Collier County Planning Commission. In answer to Coeunlsstoner Volpe, Mr. Blanchard advised that the ordinance does not address drainage concerns. He Informed that they would be handled on a case by case basis, as developments come tn. There were no speakers. Comm/ootoner Shanahan moved, seconded by Comaleatoner Goodntght smd t~Tledunantmouoly, that the public hearing be clomed. Co~tlmaloner Shanahan moved, seconded by Cou-tsstoner aoodntuht and cmrrted unanimously, that the Ordinance ma numbered and titled below be ~dopted and entered into Ordinance Book qo. 3?: ORDXN&NCE 89-100 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY ADDING A NEW SUBSECTION 9.14, CORRIDOR MANAGEMENT OVERLAY DISTRICT - SPECIAL REGULATIONS FOR PROPERTIES ABUTTING GOLDEN GATE PARKWAY WEST OF SANTA BARBARA BOULEVARD AND GOODLETTE-FRANK ROAD SOUTH OF PINE RIDGE ROAD, BY PROVIDING AN INTENT AND PURPOSE, DEVELOPMENT STANDARDS RELATING TO BUILDING SETBACKS, BUILDING HEIGHTS, LANDSCAPING, ACCESS AND SlGNAGE; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBER 49-25-§, 49-25-7, 49-25-8, AND 49-26-4; BY SHOWING THE BOUNDARY OF THE CORRIDOR MANAGEMENT OVERLAY DISTRICT; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. R~OLOTION 89-421, PETITION FDPO-89-8, 3.3. lAND OF AUDUBON OF NAFLES COKPO~TION, R~$TING APPROVAL OF A VARIANCE FRO~ TH~ MINIMUM BA~E FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE FOR Till &taX,DY BraCH ABD T]n~ZS c~u~ - ADo~o Legal notice having been published in the Naples Daily News on December 3, 1989, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider Petition FDPO-89-6, filed by J. J. Zand of Audubon of Naples Corporation, representing Auduly Beach and Tennis Club, requesting an 8.0 foot reduction from the Flood Insurance Rate Map (FIRM) 15.0 feet National Geodetic Vertical Datum (NGVD) requirement to 7.0 feet, NGVD, in accordance with Ordinance 87-80. The Petitioners desire to build pool bathrooms on property described as Tract ACRA (Active Community Recreation Area) of Lely Barefoot Beach PUD (Planned Unit Development) located in Section 7, Township 48 South, Range 25 East, Collier County, Florida. Page 42 December 19, X989 Planner Milk advised that the subject property is an undeveloped gulf front lot located An a high hazard flood zone and the ground elevation la approximately 3.5 feet. He indicated that the elevation required by the FDPO is 15 feet, and the applicant requesting an elevation of ? feet: difference or variance applied for lm 8 feet. Nr. Milk mtated that at the current flood plain slaver:ion feet, the pool bathrooms would 'be constructed at a height that would make access difficult. He advised that two access ramps. 6 feet in length, figured on a slope of 1 to 12 for handicap ramps would need to be constructed, due to the 8 foot height difference. Nr. Nllk explained that Staff recommends that the Commission al~prov~ this Petition, with the stipulations that the pool bathroom wal~a ~uet be constructed of non-supporting breakaway walls and the foundation constructed of pilings or columns. Cmanisaloner Hesse stated that in the event there ia a flood, hie feeling ts that the salt water will mix with the sewer facilities. Nr. Nllk explained that there are ways to prevent this, i.e. backflo~a or check valves. Nr. Robert Duane, of Hole, Nontea & Aaooctatea, Inc., representing Nr. Zend, advised that he is in support of Staff's recommendation. #Ath regard to the breakaway walls for the bathroom facility, he Feportmd that hie client has been advised by hie architect and Coastal Engineering that this is of no benefit to public health or safety. He indicated that the theory pertaining to breakaway walls ia that they are required below the first horizontal aeaber that holds up the first habitable floor, but noted that the subject structure ia not a habi- table one, and will be based on the ground elevation. He stated that Af the wallm were of breakaway construction, there is a greater poten- tial to disburse debris to adjoining properties than to anchor the eximtlng bathroom facilltAes on the piles, which ara required by County Staff. He indicated that he has been unable to determine whether or not all accessory uses which have been granted variances in (,~F}f)'F0 Page 43 December 10, 1089 tho 'V" zone. have all been required to be constructed of break..ay the "V' zone ~uet have breakaway walls. Commissioner Hesse stated that he fails to see the advantage of breaka~ay walls. Aseibtant County Manager McLemore advised that on Staff's recent trap to Charleston, no examples were found where beachfrontz of solid brtck walls survived the stormed. He explained that they dtd find examples where nearly 100~ of breakaway walls functione~ ae the~were Intended to function, and maintained the design of the structure. There were no other speakers. Cooede~Ao~e~ Shanahan moved, eecondedl~ CoeuaAea~onerlla~e and c~x~i~~i~o~ol?, that the public hearing be clo~ed. ~m~t~mA~ ~ movw4. ~econd~d t~ Co~lemto~ Voll~ ~ · tJ~i~tt~, ~m4 that Re~ol.tto~ 89-421 be adopted. F~XT I~'g R~ FETXTZON C-89-8, COLLZER C~ ~~, Z~., ~ CO~ ~ FAXR ~ ~~ 1~, 20, lg90, ON ~ C~Z~ USE SZ~ ~ 0~~ LX~ ~llte ~ ~tal~l ~i~ ml Fair Page 45 December 19, 1989 ~ ~e ~ ~ ~ ~ ~IDA l~ ~ ~ ~ $254,205.8~, ~ S~ ~ ZN ~ ~ OF ~24,662.39 ~gal not~ce having been published tn the Naples Da~ly New8 on N~e~r 8, 1989, as evidenced by Affidavit of ~blicatton filed with the Clerk, bads were received unt1~ 2:30 P.M. on November 29, 1989, to consXder Bid e89-1488, North Naples Co.unity Park Bas.ball Field ~d ~orth Parking Lot Addition. ~bl~c 8e~1ces Ada~nls~rator O'Do~ell reported that four b~d~ ~re received for ~he conzt~ctlon of a lighted re.la,Ion b~seb, ll field. ~. O'~ell advised that the contract ~s broken d~ ~n~o ~ ~t~: Contrac~ ~A~ relates exclusively to the const~ct~on of ~he baseball f~eld ~d The ltgh~1ng; and Contract'B' rela~es ~o The Installation of the parking lot. He advised that this contract Is slightly higher th~ that which was awarded last year for the Golden Gate baseball f~eld, and ~s prt~ar~ly due ~o additional parking. He · ~lalned that the Golden Gate field acco~odates 40 spaces, and th~s c~tract ~lll acco~oda~e approximately 104 parking spaces. He advised that a bus turn-around will also be installed, noting tha~ It ~ extremely difficult for any large vehicles or ~ses ~o turn ~o~ at the end of the North Naples parking ~o~. In addition, he tnd~cated that a sewer syste2 will be 1n~alled a~ ~he control faci- lity, to tie into the North Naples Treatment Plant. Nr. O~Do~ell s~ated that the additional parking spaces w~ll ~ncrea~e the cost approximately $56,000, removal of ~he septtc ~d Tie tn to ~he treatment plant ~lll cosk approximately $11,000, and the additional parking l~ghts ~o~ted to 833,000. He e~la~ned that f~de are available fro~ three d1~feren~ sources: $4R0,000 was pre- v~ly ~dgeted for the construction of the ballpark; $TO,200 will be d~ated fro~ The developers of ~he North Naples PUD; ~d $2T,TIO will be a~lted fro~ the dlocret~onary funds re~alnlng ~ro~ the the five (;i'll 15 Pa~ 46 ~A~'~ ParMa. Mr. O'Donnell adviaed that Staff ia recommending approval of Contract 'A' to Mid-Continent Electric, Inc. In the amount of ~[ $359,091.05, and Contract "B" to APAC of Florida, Inc., tn the amount of $154,205.88, plus a 5~ contingency of $24,662.S9. AmmSmt~t Otlittlea Administrator Bloetscher advised that the contract with Nlse~er and Associates, Inc., for three dimensional ~elln~ of the Oolden Gate wellfteld will develop a coaster ~Ach wall all~ wells to be instal/ed An certain locations to deter- · Ane the effect~ on the T~lami and the Surflcial A~ifer. Mr. Bloetecher Indicated that the Oolden Oats ~mociatlon had concerns that the pumpln~ of the Lower A~ifer caused proble~ I~A the SurftcAal A~ifer. He explained that p~pAn~ of the ~r T~A~i A~ifer does not have much effect on the SurfAcAal ~" ~ ~Afer since At l~ baslcall~ effected ~ the drought conditions ~d ~ the 1~1 of the canals ~~ ~ ~ ~t ~t to ~c~ $69,400. Page 47 .', 1080 ~ere were no 8~akers. ~ ~~ u~ly, t~t t~ ~llc ~t~ ~ clX. ~ ~1~ ~ly, to r~b t~ Certificates et ~llc ~M ~ N~sot~ fr~ Naples T~t, First Cluo b~lce, ~ ~t ~1~t~ 8~422 ~ ~~. ~ 48~ ~, Xte~ eg~2 ~fl~ eg-42~ T~OO~B 8g-426 ~XNO C~XFXC~ 0F ~LXC ~~ ~ ~l~ TO O~ ~X~XN~ D/B/A l~~~ ~ATXC~; ~ T~X, XNC.; COLLX~ LX~ ~XC~, INC.; ~ ~ere were no speakers. ~ ~t~ ~~ly, t~t ~olut~ 89-423 ~dX~ Certificate ~ ~~at~; ~lolutt~ S9-424 ~d~ ~ttf~te of I~lll ~1~ Oertlftcate of ~bltc Convince ~ I~oi~ to ~lli~ L~ k~tce, Inc.; ~ Re~lutt~ 89-426 ~di~ Ce~tftcate of ~lte ~t~ce ~ I~esslW to E~rd P. E~r~le D/B/A First Page 49 Deceaber 19, 19B9 ~ ~ ~ ~X~X~ ~ ~X~ ~X~X~/~~~ ~~ ~ O~AZ~XG ~Z~ FOR ~ZO~ OF MA~ ~~ DX~ ~. e - ~~ Hater Hanagement Director Boldt stated that Staff feels that appropriate to proceed ~tth the permitting process tn the Lely and Naplem H~or Basins ~hlch are a portion of ~ater Hanaqement District No. 6. He e~lalned that he ts re~esttng authorization to re~e~t for propomals to englneertng/envtronmental mpeclaltsts, ~d that a selection co~ttee be appointed ~htch will include the Envlro~ental Services Administrator, the ~ater M~agement Director, t~ Nater N~agement Engineering Project Nanager, a representative from the Off/ce of Capital Projects Hanagemen~, and a representative from the ~rchastng Department. He informed that the select/on com- mittee ~111 receive and short list the proposals, intents, r~k, and re~rt the results to the Co~tsslon before Staff enters into nego- tiations. Oo~leetoner Volpe questioned whether the work that is to be done, will ~ usable tn connection w~th the Sabal Bay plan, sh~ld It aver ~ approved? Nr. Boldt explained tha~ the Sabal Ba~ developers have done a considerable ~ount of work tn monitoring the effects of the discharge ~nto the estuaries and the dest~ of the spreader ~d they are most a~tous to share this Information with the t~t the findings of their ~ork can be Incorporated with the · tudy ~d respond to the Hater Hanagement District. · ~-~ ~ *- C~~ ~ 1/2/~ ~ ~ ~ Tec~Lcal Servtce8 Supervisor Huber informed that the object/Ye of thLl ~tem lB to obtain approval of a change order to accost for Page 50 Decenber 29, 1989 associated with those delays during the final design phage of the Ridge InduatrLal Park Improvements. He explained that the consult~n~ hal requested that the basic foe for engineering services bo ~ncraaoed by $94,000. #r. Huber reported that the delay and need for RodLf~catLonl are prLs~rL~¥ due to the ease.ant acquts~tLon process. He stated that baaed on the cur=ant established schedule to commence construction, ~e necessary to proceed to f~na~zs the cong~ruct~on plane. In ~n~wer to Co~es~oner Vo~pe, Hr. Hube~ advised tha~ 1990, has ~en established as ~he da~e ~o cadence cons~c~on. He no,ed ~hat ~here ~re st~ ac~sJ~ons v~h~ch need ~o be ce.pieCed, construc~ton p~ans have ~o be completed pr~or ~o ~he bidding process. He ~nd~cated ~hat ~ny ~od~f~cat~ons have been ~ade as a =esu~ of acqut.~on process. He ~nfor.ed that the or~g~na~ con~=ac~ was for ~300,000. Co~.s~one= Vo~pe noted ~ha~ cost of ~v~ng thc=eases are ~ed at 20~-25~, ~nd ~esttoned ~hether ~hi. t~ an ~dJu~t.ent ~n the co~~ hourly ra~e? Co~ee~oner Sa~de=..ta~ed ~ha~ he ~ou~d ~ke ~o see ~he origi- nal con~=ac~, before he votes on ~he =e~es~ed 894,000 chugs order, e~nce ~h~s ~s a 30~ ~nc=ease over ~he or~g~na~ con~rac~. Hr. To~ Peek, of ~son, N~e~, Bar,on, So~ ~ Peek, ~nc., that h~ fJr~ ~ong ~tth Ho~e, Nantes ~ Associates, Inc. are the con- ~t~. on ~he project. He advised ~hat a con~rac~ was entered ~n~o to provide engineering services app=ox~.a~e~y 5 ye~r. ~go, for ~d construction .erv~ces ~or a fee of 8300,000. He ~nfor~ed ~he de.~ .erv~ces were ~o be completed w~h~n a 9 .on~h ~t.e pe=~od, ~d no,ed ~ha~ 90~ of ~he design plan ~as completed and ~ub~ed the Co~ w~h~n ~he a~o~ed ~.e period. He explained ~ha~ ~nce that t~e, the County '~as been using those p~an. for ~he of e~ee.en~., and because of ~he co.p~tca~ons w~htn ~he P~ne Ridge Industrial Park, ~he 500+ proper~y o~er., and ~he .~ze of tha~ ~=e ~o be ack,red, ~ has ~aken a considerable ~o~ of ~e Page Deceabe= 19, 1989 :fO= that acquisition. ~tr. Peek stated that 8200,000 of the 8300,000 has been paid for th~ dflelgn services, and the balance of the money was to be paid for · the conlt~uction phase. He indicated that as a result of the acquisi- tion of the easements, many of the easements had to be relocated due :': to negotiations with the property owners, and therefore, the 90~ : co~pletad eat of plans ie now a 65~ complete set of plane which requires naJor modifications tn order to get them ready to be put out for bids. He advised that the cost of living increase applies to the portion of the contract that has not yet been accomplished, namely, :~, the construction services portion of the contract which ie approxt~a- [~'; rely 1/3 of the total package. He Informed that all of these coa- blned, ie the basis of the $94,000 Increase to the base plan. Coni,stoner Saunders suggested that this item be delayed, to allow the County Attorney to review the contract. He noted that he feels that the Co~mission should also be provided with copies of the ~::~. original contract. ~.. ~llalZ~z~ ~, 2~90, to ~ble Count~ Attozl~y Cu¥1er to rmr~ele 2:38 P.M. Reconvl~ed 2:45 P.M, $05 Item ~ RISOLUTIOI 80-427 III~U~STZ]IO STATE FUJlDS ~ S~ Assimtmt Co.tv Manager McLemore stated that this is a re.est to re--rd three ~tems to the Legislative Delegation for consideration. HI ~nd~cated ~hat ~ ~tems relate to sales t~, and they are ~ng p~e~ented to all~ the Commission and the Sales T~ fllxibillW to do certain th~ngs, and no~ ~o race,end that thole th~n~ ~ done e~ th~s po~nt ~n time. He advised tha~ ~hese ~ld do the foll~ng: 1. ~e Co~ioslon would have the option to f~d the IChOOll through the sales t~, if It chose to do so, at a la,er date. 2. The Commission would have the option to segment the 15 year period provided by the Sales Tax Statute, in incremental bases upon which the use of the sales tax could be reaf- firmed by referendum. Mr. McLeaore explained that the item relating to the Agriculture Center, ia a resolution requesting funding from the Legislature for construction of that project, Co~missioner Saundera noted that approval of the two items relating to the local option sales tax would not be a vote in favor of either of the options, but would merely allow the Couission the flexibility to take certain action at a later date, if so desired. In ~nswer to Coutsstoner Volpe, Mr. McLemore explained that if the recommendation from the Sales Tax Co~aittee ts to have a rsferen- dtlm on the sales tax Issue, and that the schools receive part of those funds, the Commission would not have the ability to do this for · nother year without the Special Legislation tn place. Attorney Dudley Goodlette, Chairman of the Sales Tax Committee, advised that the conlttee has not reached any consensus on its final report to the Commission. He explained that there Is a consensus, ho~v~r, with respect to flexibility, and the possibility of saving a considerable aaount of tax dollars. Commissioner Volpe stated that he does not favor the use of sales t~xea for the construction of capital improvements for the School Board. County Attorney Cuyler explained that this Is a tieing probles, · lld noted that if the proposed Legislation ia not presented to the Delegation to get into their cycle for their spring session, the Commission will not be In a position to have the legislation if It does decide to distribute to the schools. In answer to Comnissioner Volpe, County Manager Dorrlll stated that he believes that it is better to schedule the Local Bill for the Delegation, and then ark that it be removed before going to Tall~h~ssse, tn~tead of waiting for an additional year. Commissioner Saunders stated that he will vote In favor of the Page ~3 December lg, lg8O ~eglelatlve action, and noted that this ts not a signal that he Is in favor of funding schools, but he ts In favor of the Commission havt.n,- flexibility. Mr. George Keller, member of the Blue Ribbon Committee, explained that he does not believe that everyone on the committee is convinced that the School Board should participate, but noted If they should partlcl~te, they could possibly reduce the ad valore~ t~eo or the 1.~ mill special capital t~. He indicated that the Co~lttee ~rklng very hard, and he believes that they ,tll come up Nith a goot declmion, ~d fl~res will be provided so that the Contmston c~ n intelligent decision on the additional 1~ sales t~. He stated t~t tt ts esttnted that ~hts sales t~, over a period of 10 years, ~y generate 81 billion dollars. Cl~ of Naples Mayor ~tzell stated that he 18 spewing as a citizen ~d a t~ayer of Collier County, and not in his official capacity. He e~lained that he 18 concerned about starting on this ~th for two reasons: 1. ~e School District has Its o~ taxing authority, ~d a 2 ~111 limit. 2. ~e reason for an additional 1~ sales t~ ts to f~d a large part of the capital co~itment ,tth respect to the Growth M~agement obligations of the County. Mayor ~tzell explained that he understands that If some alloca- tion as being proposed by people interested tn asst~tng part of these f~ds to the School System ~ere to go through, it ~ould result increase tn the Co~ty's ad valorem t~es, up to as ~ch as 50~ of what th~ ~e n~. ~b~ ~tu to ~t~ for the flatbili~ for ~ ~ ~ ~ to farce gch~l flctlitles. ~~ ~l~t ~, HC/ ~ Conloota~ S~ ~ ~l~ 0/2 (~i~ei~r8 HuH ~ Vol~ o~), to ~l~t~ ~i~ to ~At ~he C~A.eA~ to call for rete~ O().! 50 Page 55 December 19, 1989 Conisstoner Sounders advised that during the budget hearings, the "Save Our Homes" group requested that ttA; Commission consider this ~ubJect. He informed that he indicated that he would sponsor a reso- lution, supporting their petition drive. Comalssloner Shanahan read a memo coordinating the Joint efforts of the Maz.co Island Civic Association, Marco Island Taxpayers Association, and Chamber of Commerce, supporting the "Save Our Homes" project. He advised that this effort has been a house-to-house cam- p~igll which has been underway since November, 1989, to consider a petition to have a 3~ cap placed on annual increases in homestead ueemoment8. He noted that the memo states that as of today, no one has declined to st~n the petition, and that the volunteers who are working on this project, respectively request that the Board of County Contealonars endorse and support this campaign so that it u¥ bo on the November, 1990 ballot. Mr. Clarence Perry, representing "Save Our Homes", requested that the Comaiselon adopt the subject resolution. He explained that tho 3~ cap will not pertain to commercial real estate, but only to homestead properties. He advised that "Save OUr Homes" believes that the 3~ cap ia needed; hold the present millage, except in extreme cases; and, keep a lid on spending at all levels of government. Mr. Perry suggests& that the documentary stamp tax of $.g5 per $100 be utilized for all properties that are sold at no profit, or those which are sold at a loss. He indicated that a documentary stamp Page Dece.ber ~9. 1989 tax of 82.00 p~r 8100 would be utilized for properties that ars sold it · profit, Hs noted that he does not know of anyone who ~ould be against this. He stated that thousands of property owners throughout the Stats of Florida are being forced out of their homes because of the horrendous Increase on homesteads. He stated that If this tmmue le on the ballot in November, 1990, Collier County may establish so~ething positive nationwide. Mr. Oeorge leller, President, Collier County Civic Federation indicated that he started this type of program a year ago, and received very little response. He noted that the people who move to this area to live out their lives are going to be taxed out of their properties. He stated that he believes a referendu~ lo a good Idea. ~l~ ~ ~:rv~t, s,~c"ond~t by Commissio~ ah~z~n~ ~~llllllllllMPmmllT, tl~t klntln 8G-.428 be ~t~. Pags 57 December lg, xgsg ?~ II'SOL'TX011 80-429, AOTHORIZINO THI ROUSXIG FIIAIICE AOTHORXTY OF LIE OIMJIITrTOCIPS~ATIWXTHXI THI BOUNDARXKS 0F COLLXKR C0OJFX'Y: AUTHORXZXNG THIIO~BXIS ~XIflJffCE AOTHORXTY Or COLLXKR COUWTY TO KJlTKR XJlTO ~ ~EXTll THI HOUSXNG ~XNAJECK AOTHORXTY OF LKK COUJlTY - ADOPTED Attorney Donald Plckworth, representing the Housing Finance Authority. stated that Collier County Is authorized to use the tax exempt financing poker to assist low and moderate income individuals ,/. in securing housing. He advised that because the Collier County allo- ~,, cation ts relatively s~all, it does not make economic sense for the Authority to issue bonds for $3.5 million - $5 million. He explained that over the past three years, Collier C~unty has been Joining with other counties In one big bond issue and it spreads the cost of issuance. He noted that the proposed resolution authorizes Lee County to be the lead County on the bond Issue and Collier County will be a .. part of it. Attorney Ptckworth stated that in order to do this, the Collier County Authority will enter into an Interlocal Agreement with the Lee County Authority, authorizing them to issue the bonds on behalf of Collier County. County Attorney Cuyler advised that language which has been included in previous issues should be provided tn Sections 8 and 9 of the Resolution. mM.~lT, ~t l~solution 89-429 be mlopted, u Illmded. Page 50 Decembe~ ~g, :gag ;.. l~lo~ to a~val of the Consent ~genda, Co~ts, ion~r t~t ~ ~ld li~ to ~e ~blio a letter PLAT AIqPIt0VAL OF SOUTH:POIFI! YACHT CLUB WZTH STIPULATIOI~ That the final plat not be recorded until the required Improvements have been constructed and accepted or until ~pprovsd security is received for tho uncompleted Improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3. That no building permits be Issued until the final plat recorded. / - I, amm&ol.~SXTXOg Iw THZ nHOarT or $2s,ooo fOR BLOCE Am) ~ssoczar~s · flOR oorllJ~'TOR ~.:~c]larslwo ~STllla Xt~X4&4 LOCAL gOVZPiqM~NT A~IEUAL R~PORT FOR TR~ ~I'I'I;RPRZSE ZOI~ Page 59 December RISOLUTXOM 80-430 RI PRr~XMXHART ACCEFI'AHCE Or ~ RO~Y, ~X~, OF ~"; CO~~XO~ ~ ~X~CE A~~ ~~ ~~ AS S~X~ See Page Xt~ ~14B1 BID ~9"14~0 FOR Tiff, Il CIrTTXIII3 XM THX ANOUIFT 0If $24,000 TO Dfr..q ~ Legal notice having been publimhed J~ the Naples Daily News on October 22, 1989, aa evidenced by Affldavtt of Publication filed with the Clerk, bids were received until 2:30 P.M. on November 8, 1989, to consider Bid #89-1480, "Tree Cutting & Debris Disposal" (Rebid of BJWBMB3iT PORCHASl AGR~KMI31T WXTK M3q. MALOWKY fOR TH~ ACqUZSXTXOM OF W~ RX~IlT-OF-#AY oFro BAILEY LAZFJE /- H- I$ Pages ~"-- ~, /- ~. /7 ~ MXTll HO~PXTALR PROVIDING SE~ZCl ~ ~ C~ ~XmXLX~ ~ or ZOS8 See Pages 00~CT NOT ~CE~D AS J~Y 31, 1990 Xt~4D1 ~ ~ OF ~ S~ F~ZLXTXES A~~ ~ ~ ~ ~ Page 60 ~ecembeF :O, 2g8g A~PT~t~ O~M~T~t A~D S~ FACILITIES - SOUTHPORT ON TR~ BAY - UMIT ~, AT LI~YBARETOOT BEACH MITH S?IIKIT. AT~ONS 1. The proposed additional 8" water main from Bonita Beach Road South has been completed and accepted within sixty (60) days and connection thereto by this development. 2. The Florida Department of Environmental Regulation furnishes & letter placing the sewer system Into service. 3. Bacteriological testing has met the County's requirements. Recorded in OR Book /~/~ Pages ACCElPFAJICl OF~tTER~ID SEMER fACILITIES -. VXLLA rOF/AIA AT THE y~JU~, ~ ~ w~TH STIF~.ATXOWS The Florida Department of Environmental Regulation furnishes a letter placing the sewer system into service. The Plat Book and page number information for the recorded plat is incorporated in the legal documents. 3. Bacteriological testing has met the County's requirements. ~ir Recorded in OR Book Pages DOCUMENTS NOT RECEIVED ,~. A-~Y 31, 1990 BZD~OO'-I4SS TO OUT, S, INC. OF ORLAHIK), FORT liE ~ O/ OrB (1) TRUe. lIB U IT KD TV XIBPEOTXON AND SEALING SYS'L'EMI~TH OPTXOrB Ill' THE ANomrro~ 0145,eee Legal notice having been published tn the Naples Daily News on November 3, 1989, as evidenced by Affidavit of Publication filed with the Clerk, bids were received until 2:30 P.M., on November 22, 1989, to consider Bid ~89-1485, Truck Mounted TV Inspection & Sealing System High/Low Viscosity - ~ingle Conductor - Color. See Pages Pagm 61 December 19, 29~9 I1~~C~11~ ~OARD Off 0001~ OONI4XIIZOII~ OR ~ ~~ 01 ~ ~ ~~ A~OX ~ pBC~ 2, xgag See Pages REPORT WAS NOT PROVIDED TO CLE~'S OFFICE. %~Z~ ~ ~ ~(e)(2) ~ -.- lXOet~-1410 ~ Z.~rDffXZ~, COK~AC~OR TO JL~A~S DIIIX]fl) -:":."NICI13311KE~AIYffOR q236,302.00 Legal notice having been published In the Naples DaLly News on 3uly 10, 1989, as evidenced by Affidavit of Publication filed with the Clerk, bide were received until 2:30 P.M. on July 21, 1989, to con- sider Bid #99-1450, Steel ~/heeled Sanitary Landfill Compactor (Rebtd of Bid #89-1396}. ~ ~ ~X~ ~ C~SSXO~ S~lOI O~ ~ ~~~ ~ ~ 3 ~X~X~ ~ ~ ~ CO~~ -- GO~, ~W ~ ~ ~S~., X~.; VX~OR ~TAVI~ ~X~, P.A.; CO~O~- ~ & ~S~; ~ 30~SOW ~GZ~ZNG Zt~ ~2411 c~rrmC&rlm ~ow omuurcrlo~ To ra~ TAx a0LLS 1989 TANGIBLE PERSONAL PROPERTY ' ~,0, DATED '~'- lg89-88/go 12/6-8/89 Zt~m,~dr14X~ gATX~ffACrX91 o~r ~,XgX~ ~,o~t ~,m~lczs off T~r Ims~-lc DE'~a~t - Xt~ ~1431 ~47/~J~X~OI ~-4~4 &PPOX~TX~G W. 30~ R~XT~ TO ~ WCO X~ See Pages ~ ~. / lt~ ~14Xl The roll.lng miscellaneous correspondence was filed and/or referred to the various department8 a8 Indicated below: Page 62 4e 10. ll. 12. December xg, lgS9 Department of the Army: Copy of 11/16/89 Letter to W. Davt~ Key, 3r. from Berttl A. Hetmer, Chief, South Permits Branch, re: permit application dated June 26, 1989 submitted on behalf of Collier County Board of Commissioners. Referred to Nell Dorrlll, 0eorge Archibald, John Boldt. Flied. Letter dated 12/04/89 to Commissioner Burr L. Saunders from Norman E. Fader, District Director, DCA, advising that the department has completed Its review of the proposed Compre- hensive Plan A~endmenta for Collier County. Referred to Nell Dorrtll, Frank Brutt, Stan Lttetnger. Filed. Latter dated 12/05/89 to Local Government Official from Thomas G. Pelham, Secretary, DCA, re: the 1989 Legislature enacted Committee Substitute for House Bill 599. Referred to Nell Dorrtll, Frank Brutt, Russell Shreeve. Flied. Letter dated 12/01/89 to Commission Chairman from Gordon L. Guthrle, Director, DCA, re: Congress proclaiming December 10-16 as National Drunk and Druuged Driving awareness Week. Referred to Nell Dorrlll, Frank 3rutt, George Archibald, and the sheriff with Booklet. Filed. Letter dated 12/05/89 to the Honorable Burr L. Saundere, Chairman, Board of County Commissioners from Paul R. Bradshaw, Director, Division of Resource Planning and Management, DCA, re: Water Management Master Plan. Referred to John Boldt. Flied. Memorandum dated 11/29/89 to Small Cities Community Development Grant Recipients from Lewis O. Burnside, Jr. Division of Housing and Community Development, DCA, Subject: Quarterly Report Procedures. Referred to Nell Dorrill, Russell Shreeve. Flied. Letter dated 12/05/89 to Board of County Commissioners from Jena Swindle, Environmental Specialist, Wetland Resource Regulation, DER, advising that they have received permit application, and asking for $3,000 application fee. Referred to Nell Dorrtll, William Lorenz, Harry Huber, Filed. Letter dated 12/15/89 from Randall L. Armstrong, Director, Division of Water Management, DER, re: preparation of program of recommended federal appropriations for the U.S. Army Corps of Engineers' Referred to Nell Dorrtll, Budget, Frank Brutt, Filed. Letter dated 12/08/89 to Commissioner Richard S. Shanahan from Tom Gardner, Executive Director, DNR, re: Petition No. PU-89-15, for authorization to construct a GTE Mobtlnet Comsruntcatton Tower In the vicinity of 1-75 and SR 29, Section 7, Township 50 South, Range 30 East. Referred to Nell Dorrt11, Budget, Frank Brutt, Filed. Certificate of Service from PSC dated 12/07/89 re: Application of Florida Cities Water Company, Golden Gate Division, for an increase in Water Rates In Collier County, Florida, Docket No. 890509. Referred to County Attorney, Utilities, Filed. Final Order from PSC dated 12/07/89 re: Hearings on Load Forecast, Generation Expansion Plans, and Cogeneration Prices for Northwest Florida's Electric Utilities. Docket No. 690004-EU-A, Order No. 22271. Referred to Ken Cuyler, Nell Dorrtll, Filed. Order from PSC dated 12/06/89 Suspending Water Rate Schedules Pending Further Investigation, re: Application of Florida O017.t Page December 19. 1989 13. Cities Water Company, Golden Gate Division, for a rate increase in Collier County. Docket No. 890509-WU, Order No. 22270, Issues: 12/06/89. Referred to Nail Dorrill, Mike Arnold, Ken Cuyler, Filed. letter dated 11/30/89 to Commissioner Burr L. Saunders, Chairman from Dr. Jane Folkowaki, Public Health Unit Director, HRS, re: Submittal of final Contract Management Report for the October 1, 1988 to September 30, 1989 contract year. Referred to Finance, Budget, Fi/ed. 14. Minutes Received and Filed: 15. 16. 17. 18. 19. 20. 12/12/89 Agenda, 11/21/89 Minutes for Immokalee Lighting and Beautification Committee. 10/20/89 Agenda for Golden Gate Citizens Advtsor~ Committee Meeting, and Minutes. 12/05/89 Agenda for Marco I~land Beautification Adviaor~ Committee. 11/30/89 Agenda for Collier County Fire Consolidation Fire Study Group, 11/16/89 Minutes. Referred to BCC. 12/14/89 proposed Agenda for Collier County Fire Consolidation Fire Study Group, 1/11/90 proposed Agenda, 11/30/89 Minutes and 11/16/89 Minutes. Referred to BCC, Filed. Letter dated 12/08/89 to James C. Giles, Clerk of Circuit Court, advising that on December 13, the City Council of Naples will act on an ordinance to initiate annexation of Pelican Bay. Attaching map of proposed annexed area. ~eferred to Nail Dorrill, BCC, Filed. Copy of Letter dated 12/11/89 to Frank Jones0 City Manager, David W. Rynders, City Attorney, Jim Ward, Assistant District Manager, F. Joseph MacMacktn, Esq. Pelican Bay Improvement District, from Ron McLemore, Assistant County Manager Re: Public Records, regarding the proposed annexation of portions of Pelican Bay. Filed. Notice to Owner dated 12/06/89 to Collier County Government from M.D. Moody and Sons, Inc. from Sea-Con Industries, Inc. advising that they have provided rental of Trojan Model 3500Z S/N 3850803, and fill materials for Naples Landfill, Performance Bond for $12,720.00 re Bid #89-1386. Referred to Nell Dorrill, Skip Camp, Bob Fab,y, Flied. Letter dated 12/05/89 to Board of County Commissions from Fay E. Brodhead, Administrative Assistant, Symons Corporation, requesting a copy of Notice of Commencement and copy of payment bond re Health Services Butldtng Project. Attaching also Notice to Owner, Notice to General Contractor. Referred to Skip Camp, Jim Giles, Nell Dorrtll, Filed. Letter dated 11/30/89 to Burr Saunders, Chairman, from Fred Davis, Director, Save Our Rivers Division, SFI~MD, Re: Attaching Agenda for Crew Trust Meeting. Filed. Letter dated 12/6/89 to Collier County Board of Commissioners from Charles W. Pemble, P.E. Assistant to the Director, SFWMD, re: Camp Keats Road, Stormwater Discharge Certificate Number: 11-00619-S. Referred to John Boldt, Nell Dorrtll, George Archibald, Flied. Page 84 December 19, 1989 21. Nemorandma dated 11/28/89 to Board of County Co,missioners from Mary W. Morgan, Supervisor of Elections, re: Polling Sites for 1990 City of Naples boundaries. Referred to BCC. Filed. 22. Letter dated 11/29/89 to Burr L. Saundera, Chair~an, from Robert L. Patton, Controller, Collier County Tax Collector's Office, advising of distribution of Current Ad Valorem Tax. Filed. 23. Letter dated 12/08/89 to Burr L. Saundere, Chairman, from · Robert L. Patton, Controller, County Tax Collector's Office, advising of distribution of Current Ad Valore~ Tax. Filed. 24. Reports and Testimony dated October 1989, Special Publication from U.S. General Accounting Office, Office of Public Affairs. Referred to BCC. Filed. There being no further business for tee Good of the County, the · eeting was adjourned by Order of the Chair - Time: 3:35 P.M. BOARD OF COUNTY BOARD OF ZONING APIr~I,L$/~X OF?ICIO GOV~RNINO BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BUILT L. SAUNDBR$, CHAIRNAN as presented f or as corrected . Page 65