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BCC Minutes 11/28/1989 R Naples, Florida, November 28, 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 as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on thls date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, wfth the following members present: CHAIRMAN: VICE-CHAIRMAN: Burr L. Saunders Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Ellie Hoffman and Annal~ese Kraft, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore, Assistant County Manager; Ken Cuyler, County Attorney; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Frank Bruct, Community Development Administrator; William Lorenz, Envtrcn~ental Services Administrator; Michael Arnold, Utilities Administrator. Tim Clemons, Wastewater D~rector; John Boldt, Water Management Director; David Weeks, Philip Scheff, Robert Lord, and Ray Bellows, Planners; Sue Filson, Adm~nistrative Assistant to the Board; and Deputy Byron C. Tomlinson, Sheriff's Office. Page November 28, 1989 Tape Item AGENDA AND CONSENT A~ENDA - APPROV~D WITH CHANGES Commissioner Shanahan moved, seconded by Commissioner Hesse, and carried unanimous/y, that the agenda and consent agenda be approved with the following changes: Item 6B1 - R-87-28C, John Emerson representing Speakeasy of Cullier County, Inc., requesting a rezone from RS-4 to 0-3 for a parking lot immediately west of Spanky's Restaurant located on the west side of Airport Road and approximately 1/2 mile south of 0olden Gate Parkway in Section SS, Township 49 South, Range 25 East - Withdrawn, per Petitioner's request. 2e 3e Item 12A - Reconsideration of petition regarding vacation of Fox Lane through the Foxfira Subdivision - Added, aa requested by Commissioner Hesse. Item 12B - Request to waive fees, parade permit and request parking permission for "Christmas Island Style" - Added, aa requested by Commissioner Shanahan. Item #SA Item 14B - Recommendation that the Board of County Couissioners accept the conveyance of drainage easements for the construction of a box culvert and associated drainage improvements along State Road 84, Davis Boulevard - Deleted. · MPLOYEE SERVICE AWARD~ TO BARBARA LOGIE, JACK HIGHTOWER, AND TIMOTHY CLEMON~ - PRESENTED Commissioner Saunders congratulated the following employees and presented them with Employee Service Awards for their service with Collier County Government: Barbara Logle - Housing & Urban Improvement, 5 years Jack Htghtower - Aquatic Plant, 5 years Timothy Clemens - Utilities Division, 5 years Item PROCLAMATION DESIGNATING THE MONTH OF DECEMBER, 1989, AS AMERICAN LEGION GOLDEN GATE MEMORIAL POST 24? BLOOD DONOR MONTH - ADOPTED Upon reading of the proclamation, Commissioner Shanahan moved, seconded by Commissioner Ooodnight and carrisd unanimously, that the proclamation designating December, 1989, as A~ertca'~t Legion Golden ~ate Memorial Post 247 Blood Donor Month, be adopted. Page 2 November 28, 1989 Item PROCLAMATION DESIGNATING 19~9 - Upon reading of the proclamation, Co~mteetoner Haeee ~oved, eeco~lded by Co~mleetoner Shanah~r~ ~nd carried unantmouel¥, that the procl~tlon design&ting the week of November 26 - December 2, 1989, u 'Ho~e Health Week', be adopted. Mrs. Kathy Lewie accepted the proclamation, and thanked the Commission on behalf of all the health care workers in Collier County. Page 3 November 28, 1989 Itsn #6B2 PETITION R-88-23C, DR. NENO J. SPAGNA, REPRESENTING M~S. JOSEPH S. NEINFELD (HELEN) FOR THE JOSEPH S. WEINFELD FAMILY TRUST; AND LKSTER AND MARY E. PERSKY, REQUESTING REZONE FROM A-2MH TO PUD TO BE KNOWN AS "TRAFFORD HIGHLAND ESTATES" FOR MULTI-FAMILY AFFORDABLE HOUSING AND SINGLE FAMILY HOUSING (35! UNITS TOTAL) FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF LAKE TRAFFORD ROAD AND CARSON ROAD - CONTIN~ED FOR TWO WEEKS Legal notice having been published in the Naples Daily News on November 7, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-88-23/Dr. Neno J. Spagna, Florida Urban Institute, Inc., representing Mrs. Joseph (Helen) Weinfeld for the Joseph S. Weinfeld Family Trust and Lester and Mary E. Persk¥, requesting a Rezone from A-2MH to PUD to be kno~rn as "Trafford Highland Estates" for multi-family Affordable Housing and single family housing (35! units total) for property located on the northeast corner of Lake Trafford Road and Carson Road, approximately one mile west of S.R. 99 in Section 32, Township 46 South, Range 29 East, tJ0.4 acres (Immokalee). Planner Scheff expialned that the petitioner is requesting that this item be continued, due to environmental concerns. Ne stated that it has recently been brought to Staff's attention that there are endangered bird species on the site. He advised that Staff is in favor of the petitioner's request for continuance. Contesioner Hasse aoved, seconded by Coutsstoner Sh~nahan and c~rr~ed 4/0 (Con~es~oner Goodn~ght not present), to continue Petition R-09-23C for t~eo Its. ,6B3 PETITION R-89-8, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE AND BENTON, P.A., REPRESENTING SIGNATURE COMMUNITIES, INC.; REQUESTING A REZONE FROM 'E" TO "PUD" FOR A PROJECT KNOWN AS "FOUR LAKES" - CONTINUED INDEFINITELY Legal notice having been published tn the Naplea Daily };ews on October 25, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-89-8, Attorney George L. Varnadoe, representing StgnatuTe Communities, Inc., requesting a rezone from "E" Estates to "PUD" Pia~xned Unit Development Page 4 ~ovember ~, ~989 for a S92 multi-family unit project to be known as Four Lakes, located on property at the southwest corner of the intersection of Davis Boulevard (SR 84) and County Barn Road in Section 8, Township 50 South, Range 26 East, consisting of 56.4 acres. Planner Lord advised that the current zoning of this property Is "E" Estates, and noted that the intended u~e of the sits is for 592 multi-family units containing a mixture of efficiency, one, two and three bedroom apartment/condominiums consisting of 50 total buildings. He stated that the pro3ect will be an entry level affordable housing dsvelopment on 56.4~ acres of land with a gross density of 10.5 dwelling units per acre. Mr. Lord described the surrounding land uses and zoning as follows: land to the north and south of Davis Blvd. is undeveloped Estates property, north of Davis Blvd. is the developing Brettone Park PUD with a mixed use of commercial, multi-family and single-family having a density of 4.S units per acre. He reported that lands to the south and east are currently undeveloped Estates zoning, and the land to the west is undeveloped A-9 zoning. Mr. Lord exp]aJ~ed tnat the subject property is located within the coastal Urban Area as designated on the Future Land Use Map, and a density calculation utilizing the density rating system would allow a base of 4 units per acre. He notsd that Davis Blvd. is in the traffic congestion zone so this would reduce the density by 1 unit per acre, but because this project is 100% affordable housing, an increase of 8 units per acre may be added, and the net result ts 11 units per acre. Mr. Lord indicated that all reviewing agencies have failed to Identify any inconsistencies with the Growth Management Plan, and rsported that the proposed rezontng is dsemsd to be c,~nsistent with the Plan. Ne informed that the applicant concurs ~,ith all Staff recommendations and stipulations as contained in the Agreement Sheet. Mr. Lord stated that on Novsmber 8, 1989, the Corps of Engineers advised that 3urisdictlonal review should be obtained from the Corps' Page November 28, 1989 Fort Myers Field Office prior to committing substantial resources to engineering and planning for the project. He noted that the Corps is going on record before this request is approved, that they have a con- cern as to the amount of Jurisdictional wetlands that have been pre- served on this site, and they are asserting wetlands in excess of the 8.9 acres as stated. He indicated that the actual amount of acres has not been determined, and the Master Plan shows a conservation open space preservation of 1.7 acres. He explained that this suggests that the Corps may alter the plan at their permit stage, which may ultima- tely change the Master Plan as to density and design. Mr. Lord reported that Staff recommends approval of this petition, subject to all stipulations as contained in the Staff Report and the Agreement Sheet. He s%ated that the Collier County Planning Commission held their public hearing November 16, 1989, and forwarded this petition to the Commission with a recommendation of approval. He noted that at the CCPC ~:earlng, there was considerable opposition against this petition, and a letter was received from Mr. Propp who owns a 95 acre parcel t{, the south and adjacent to the subject site stating that tb~ proposed zoning would be detrimental to Naples itself in that Davis Boulevard, in the subject area, is one of the ap~,roaches to the Naples area from Alligator Alley and 1-75. Mr. Lord advised that Staff recommends approval of Petition R-89-8, subject to the CCPC's recommendation. Commissioner Volpe stated that the Commission is being asked to approved 50 buildings with 592 dwelling units that are to be 100~ affordable housing, noting that the Jurisdictional concern as raised by the Corps could significantly change the site, and he has reser- vations about proceeding forward. The fo/lowing persons spoke in opposition to the proposed rezonel Mr. John Gilford Mr. Randy Riner Mr. Bill Jones Mr. T. M. Brown Mr. Robert Armbruster Mr. Vladimir Dtmitroff Mr. George F. Keller Page 6 November 28, 1989 Reasons of opposition were cited as follows: this development ts not appropriate in an estates area; too many people will be brought into a /ow density area; no room for turn lanes, and Davis Blvd. will be a nightmare of traffic; the proposed project is too large for the subject site, and not compatible with the density; the proposed pro- ~ect will decrease surrounding property values; the developer will make a hand=ome protit at the expense of area property o~mers; the petitioner has made no provision for his fair share of paving on County Barn Road or Davis Blvd.; there is no provision for a play area for children; green space is limited; the project will affect the quality of life of persons living in the surrounding area; and there will be no way to control the rents. Commissioner Volpe stated that the County is in the process of developing new Land Development Regulations dealing with affordable housing. He noted that some of the concerns that have been expressed today, are the fact of what is really being talked about when the issue of affordable housing is being discussed. He questioned whether the Land Development Re~lation will address this issue? Community Developmen~ Services Administrator Brutt stated that a faster way of getting to the point is to enact a resolution or ordi- nance that states that all of the pro~ects in which density bonuses are being proposed by the developers must be controlled, related, or governed by a contractual agreement between the Board of County Commissioners and the developer. He noted that that particular docu- ment is in review at the present time in the County Attorney's office. Commissioner Saunders indicated that the petitioner has two problems which are beyond his control which need to be resolved: the ~urisdictional issue, and the issue of working out an agreement with the Housing Department. He noted that he does not w~nt ~o review a petition that has 592 units, and then be told by the Department of Environmental Regulation that there,s an additional 8 or 9 acres that must be taken out. He suggested that this item be uontinued until Page 7 November 28, 1989 these two issues are rs~olved. Attorney Bruce Anderson, representing the petitioner, advised that he objects to a general continuance, and requested a continuance of two weeks. He informed that he called the engineers of the project, and expected that the issue of the wetlands would be addressed today, noting that he understands this is not that big of a problem. Commis~ion~r Sbanahan stated that he does not believe that a sen- sible decision can be made without the Jurisdictional wetland and housing issues being resolved. Attorney Anderson suggested that this item be continued indefini- tely, since the petition will have to be readvertised. Co~isstoner Smundars ~ov~d, seconded by Cow~taeioner Volpe ~nd carried unanimously, that Petttlon R-89-8 be continued ir~efinitely, to enable the petitioner to resolve the two issues am discussed above. With regard to impact fees, Mr. Anderson stated that the language in the Impact Fee Ordinance is so restrictive for exemptions, that the only people that are totally exempt, are non-profit corporations. He explained that the Impact fees for the proposed project, without the anticipated increase tn road Impact fees, ts an average of $3,000 per unit. He noted that it ts difficult to build affordable housing, with those upfront costs. ss8 Recess 10:20 A.M. - Reconvened 10:30 A.M. ... Clerk Kraft replaced Deputy Clerk Hell.an at this time'''.. Itu ~6B1 PETITION R-87-28C, JOHN EMERSON REPRESENTING SPEAKEASY OF COLLIER COUNTY~ INC. - WITHDRAWN Item~B4 ORDINANCE 89-82 RE PETITION R-89-21, BOB DUANE OF HOLE: MONTES AND ASSOCIATES, REPRESENTING 1-75 AND ALLIGATOR ALLEY CORPORATION, INC., REQUESTINO A REZONE FROM PUD (C~I~I INDUSTRIES) A1TD C-4 TO PUD TO BE KNOWN AS I-?5/ALLIGATOR ALLEY PUD - ADOPTED Legal notice having been published tn the Naples Dally News on November ?, 1989 and as evidenced by Affidavit of 'Publication filed Page 8 November 28, 1989 with the Clerk, public hearing was opened to consider Petition R-89-21, an ordinance amending Ordinance 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, by amending the Official Zoning Atlas Map No. 49-26-8, by changing the zoning classification of the herein described real property from PUD (CaJi Industries) and C-4, Commercial General to PUD, Planned Unit De~eloume,~, known as I-7~/Alligator alley PUD for property located in the northwest quadrant of the intersection of Davis Boulevard (S.R. 84) and CR-9§i, containing forty acres, more or less, located in Section 34, Township 49 South, Range 26 East, Collier County, Florida and by providing an effective date. Raymond Bellows, Planner, advised that the objective of this pro- Ject ts to rezone approximately 27 acres of the existing Cali Industries' PUD and 13 acres of C-4 zoning to a unified PUD of 40 acres. He pointed out the subject sate on the displayed map (copy on file with Clerk to the Board). He reported that the intended use of this 40 acre site is for a mixed use planned development allowing for non-residential development on Lots l, 2 and 3 and on up to 125,000 square feet of non-residential or 90,000 square feet of non- residential development and a 100 unit motel on Lot 4. He explained that on Lots 5 and 6, Petitioner proposes 150 multi-family dwelling units or a 250 unit motel, or combination thereof. He stated that this revised project is essentially the same as the original request R-89-2 that the Board of County Commissioners denied at its meeting of June 13, 1989. He advised that the Board of County Commissioners expressed reservations about the lack of control over the development standards since part of the project was zoned C-4. He explained that under this revised petition, the project is all under PUD development and the entire 40 acre site has been incorporated sc. that the C-4 zoning no longer exists and the maximum building hef[ght is 50 feet, instead of 100 feet that would have been allowed in C-4 zoning. He advised that the CCPC unanimously approved this petition at its ('{")IG Page 9 November ~8, ~989 November 2, 1989 meeting. In response to Commissioner Hasse, Commissioner Volpe indicated that Mr. Duane had provided him with information that the owner of the project has agreed to significant improvements along the Davis Boulevard corridor, including widening the existing pavement for 2,000 feet from the intersection west. He noted that that agreement has been reached with FDOT. Robert Duane of Hole, Montes & Associates, representing I-7§ and Alligator Alley Development, explained that the widening will be from the present 2-lane pavement to 4 lanes of pavement, approximately 1,200 feet from the intersection of C.R. 951 and Davis Boulevard to the western edge of this project. He reported that there will be a total of an additional 2,400 lineal feet of pavement with acceleration and de-acceleration lanes. He advised that these commitments are necessary in order to obtain permits from FDOT to access the State right-of-way, and the cost will be in excess of $200,000 for the I-?§/Alligator Alley Development Corporation. In response to Commissioner Hasse, Mr. Duane reported that the current zoning of the property permits 14 acres of commercial zoning with 400 dwelling units assigned on the balance of 27 acres of the property. He explained that the petitioner proposes to take approximately 26 acres of commercial zoning, while 15 acres of open space will be taken out of zoning, therefore, the proposed zoning request is not substantially more intensive than the present zoning of the property. He advised that 10 acres of commercial are being added, 15 acres taken out of development into open space and reducing the 400 units permitted under the current zoning. In response to Commissioner Hasse, Mr. Duane explained that 400 motel/hotel units ~re permitted w/thin the PUD portion of the project. He reported ~'nat 15 acres of wetlands will be enhanced as required by the DER and Army Corps of Engineers. In response to Comm~ssioner Hasae, Mr. Duane ad';tsed that there Page 10 November 28, 1989 will be 2 access points on Davis Boulevard, with acceleration lanes. Mr. Duane noted that the petitioner has removed some of the uses from the PUD, i.e. automobile service stations, and explained that the height has been reduced, 15 acres of open space will enhance the viability of the residential zoning to the west and commitments have been made to the DER, FDOT and Army Corps of Engineers. He stated that easements hav~ be~n granted for water lines to the County in addition to a 9,000 square foot pump station. He requested that the Board of County Commissioners approve this project, based on Staff and the CCPC's recommendation. In response to Commissioner Hasse, Mr. Duane replied that the only commitment made at this time is for a McDonalds and pointed out the location on the displayed map. Co~ieelon~r Shanahan ~oved, seconded by Comisstoner Ooodnt~ht and carried uru~t~Asly, ~hat the public hemrln~ ~ closed. Co~sston~r S~hu ~ov~d, seconded ~ Coatsston~r H~se ud cvrtg ~i=sly, that the Oriinuc~ ~s n~rsd ~d titled ~1~ ~ ~t~, nb]sct to the CC~'s recomnd~ttons ~d entered Into Ordtmc~ ~k !o. 37: O~IN~CI 89-82 AN ORDINANCE AMENDING ORDINANCE NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONIN6 ATLAS MAP NUMBER 49-26-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD (CALI INDUSTRIES) AND 0-4, COMMERCIAL GENERAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "I-75/ALLIGATOR ALLEY PUD" FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT FOR THE INTERSECTION OF DAVIS BOULEVARD (SR 84) AND CR-951, CONTAINING FORTY ACRES, MORE OR LESS, LOCATED IN SECTION 34, T0~SHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Page November 28, 1989 ORDINANCE 89-83 RE PETITION PDA-89-8, KATHLEEN C. PASSlDONO OF HARTER, SECREST & EI~RY, REPRESENTING GHA DEVELOPHENT CORPORATION, RE~UESTINO AN~NI~IL~I~S TO SUI~IERI~OD PUD - ADOPTED Legal notice having been publiahed In the Naples Dally News on November ?, 1989 and as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinauce SI-%l which established Summerwood Planned Unit Development by amending Section I - property ownership and descrip- tion, Paragraph 1.3 property ownership, Section III, development com- mitments, Paragraph 3.5 traffic Subparagraph B and Subparagraph D; Paragraph 3.?, recreation, open space, buffer areas and landscaping, Subsection B and by adding Subsections C and D thereto; by adding paragraph 3.8 miscellaneous; and by amending the PUD master plan for property located on the south side of Radio Road (CR-856); approxima- tely 3/4 mile east of Airport Road (CR-31) in Section 1, Township 50 South, Range 25 East, Collier County, Florida and by providing effec- tive date. Bob Lord, Planner, advised that this PUD amendment request is to modify the Summerwood PUD document to Include the following changes: property ownership, alignment of the entrance drive, sidewalk change to the east side of the drive, no removal of trees aa added, addition of planting tn the buffer area, area planting, addition of additional plantings and/or irrigation, addition of lighting on site no higher than 6 feet, addition of tennis courts that shall not be /it, in addi- tion no debris shall be burned, and an 8 foot high concrete block wall on the west side shall be added. He described the surrounding land use and zoning: to the north, C-5 is a cablevtston station; north of Radio Road is zoned I; the property to the east ia the Foxftre PUD; the property to the south is zoned RSF-1, known as Bucke¥~ Estates; and the property to the west ia the Coconut Creek Unit #3 Subdivision with RSF-3 zoning. He reported that the petittone:r has requested an amendment to the PUD zoning document and Master P/an to allow the two Page 12 ~ovember 28, 1989 lakes to be combined into one larger lake and alter the location of condo buildings; add a sidewalk entrance drive, recreation facilities, creation of more buffer areas to the west; and creation of more con- sistenc¥ bet~,een the approved site plan, the current County require- ments and neighbor opposition. He stated that as a rider to the agreement sheet, the CCPC recommended that the Board of County Commissioners consider the addition of language to cover the already adopted ordinance regarding the approval of exotics. He noted that the recommendation of the CCPC is to remove exotics from the buffer area on the basis of 10~ per year over a 10 year period. He explained that it was agreed upon by all concerned, including the BCC in a workshop meeting, that these exotics shall remain as a buffer between the new project and the neighbors to the west forever. He reported that the P/ann/ny Staff recommends approval subject to all stipula- tions contained in the Staff Report and the Agreement Sheet. Ne advised that the CCPC held their public hearing November 2, 1989 and forwarded Petition PDA-89-8 to the Board of County Commissioners with a recommendation of approval, subject to further discussions on the removal of the exotics. He noted that at the CCPC hearing, no rest- dents spoke for or against this petition and no correspondence has been received. He indicated that all reviewing agencies have failed to identify any inconsistencies with the Growth Management Plan, the proposed re-zoning ts deemed to be consistent and Staff recommends that the Board of County Commissioners approve Petition PDA-89-8, sub- Ject to the CCPC's recommendation. Commissioner Hasse commented that the Board of County Commissioners had requested the exotics remain tn pf.~ce. He pointed out that trees planted in place of these exotics would take years to grow, and questioned why the trees could not be planted at the present time, and nurtured so that they would grow up before any remo- val of the exotics occurs? Mr. Lord indicated that he would entertain that recommendation, in addition to the 10~ removal that the CCPC Page November 28, 1989 recommended. Commissioner Hasse emphasized that he did not want to see anything removed until there is something there to replace the exotics. Attorney Kathleen C. Passidomo, representing the petitioner, GMA Development Corporation, advised that the neighbors are tn support of this petition. She explained that the agreement in the proposed ordinance was agre=d to by the neighbors and her client. She reported that the only issue that came up before the CCPC was the exotic matter. She advised that the Planning Commission,s premise began with Mr. Link's recollection that the Tree Removal Ordinance was enacted in 1979, while she and County Attorney Cuyler had agreed that the ordinance was enacted in 1982. She pointed out that the concern the Board might have in leaving the exotics is removed because the Summerwood PUD was approved in 1981 and the neighbors were present and specifically wafted the buffer area. She stated that in 1982 the Tree Removal Ordinance was in effect, but the PUD had been approved in 1981. She advised that she did not feel that the Board would have a problem approving the Petition with the stipulation that no trees be removed from the buffer area. She stated that her concern with planting trees now, and in 10 years removing exotics, is that the deve- loper will not be here at that time and 60 condominium unit owners or neighbors will have that responsibility. She reported that she had looked at photographs and these trees are 50 to 60 feet tall. {Copies on file with Clerk to the Board). She noted that she has no problem with conforming to what happened in 1981. Commissioner Hasse emphasized that he wants the buffering main- tained the same as it is at the present time or better. He explained that if that means leaving the exotics there, that i~ whnt he wants. Attorney Passidomo concurred. Commissioner Volpe qu,~sttoned the amount of acres covered by the exotics? Attorney Passtdomo replied that it is a strip of land that is a border a=ea between the con- dominium buildings and the adjoining neighbors of Coconut Creek, SOO ~ Page 14 November 28, 1989 50 feet. Commissioner Volpe commented that there are some fast growing trees in Berkshire Lakes that could replace the exotics, improve the project, pleas~ the neighbors and be consistent with the intent of the ordinance to remove the exotics. In =eeponee to Commissioner Haese, Attorney Passidomo reported that al/ other concerns of the neighbors has been taken care of, and are addressed in the revised Ordinance. The following speakers were in favor of this petition: Debra Cully, 303 Esther Avenue Tom Beaver, 345 Esther Street Their reasons for support of this petition are as follows: pro- tected buffer area is of great concern to all involved, thousands of dollars in atto~.neys' fees have been expended regarding the develo- per's removal of a buffer area erroneously authorized by Staff, exo- tic area affects their homes and value of their property, privacy will be lost by removal of the exotics, exotics provide 85~ of the density, exotics are all that are in the buffer area between the 5 homes and the condominiums built by the developer, the project falls within the 1981 PUD and that PUD was approved with the stipulation that the large buffer zone would not be touched, the neighbors had to come back in 1989 and go through the same process to get the agreement back on the books, and the County has promised these trees could stay, regardless of the fact that they are melaleuca. Commissioner Saunders questioned if Ms. Cully ks satisfied with the agreement as it is presented today? She concurred, but emphasized that she is not satisfied with the agreement to remove the exotics. Commissioner Hasse commented that Berkshire has had tremendous growth with the trees that they have planted, and noted that some trees grow rapidly. He indicated that melaleucas do cause allergies to some people. Ms. Cully responded that anyone with allergies will be allergic to things other than melaleuca trees~. She pointed out Page 15 November 28, 1989 that the melaleuca trees have nowhere else to go other than her yard or Mr. Beaver's yard and that poses no concern to either of them. ~leeloner Shanahan moved, seconded by Cow-issioner Goodnight ~n~ carried unanimously, that the public hearing be closed. C~tssioner Shanahan moved, seconded b]f Com-iesioner Hae~e mild carried unanim~usly, that the Ordinance aa numbered and titled below be ~d~pted and entered into Ordinance Book No. 3?: ORDINANCE 89-83 AN ORDINANCE AMENDING ORDINANCE NUMBER 81-91, WHICH ESTABLISHED "SUMMERWOOD PLANNED UNIT DEVELOPMENT" BY AMENDING SECTION I - PROPERTY OWNERSHIP AND DESCRIPTION, PARAGRAPH 1.3 PROPERTY OWNERSHIP; SECTION III DEVELOPMENT COMMITMENTS, PARAGRAPH 3.5 TRAFFIC, SUBPARAGRAPH B AND SUBPARAGRAPH D; PARAGRAPH 3.7, RECREATION OPEN SPACE, BUFFER AREAS AND LANDSCAPING, SUBSECTION B AND BY ADDING SUBSECTIONS C AND D THERETO; BY ADDING PARAGRAPH 3.8, MISCELLANEOUS; AND BY AMENDING THE PUD MASTER PLAN FOR PROPERTY LOCATED ON SOUTH SIDE OF RADIO ROAD (CR-856), APPROXIMATELY 3/4 MILE EAST OF AIRPORT ROAD (CR-31), IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. Page November 28, 1989 ORDIN~I~CE 89-84 RE PETITION FDA-89-6, NEN0 J. SPAGNA REPRESENTING I)OI~ENICO AND ANGELA GADALITA REQUESTING AN AI~E~NT TO THE GADALrT& PUD TO ALLO~ A TE~:'O~ USE PER~IT FOR A GOLF DRIVING RANGE Legal notice having been published in the Naples Daily News on November ?, 1989 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-89-6/Dr. Neno Spagna, Florida Urban Institute, representing Domenico and Angela Gadaleta requesting an amendment to the Gadaleta PUD allowing a tem- porary use permit for a golf driving range on property located on the West Side of Old U.S. 41 and South of the Lee/Collier line in Section 10, Township 48 South, Range 25 East. Bob Lord, Planner, advised that the PUD amendment request is to modify the Gadaleta PUD document to amend the cover page with a revised date, amend the Table of Contents, and adding 3.4.1 as Temporary Use for a Golf Driving Range and amend the legal description. He explained that the surrounding zoning to the north in Lee Oounty is the Spanish Wells PUD, to the east is industrial zoning, to the south A-2 zoning and land to the west is RMF-6 zoning. He reported that except for the industrial zoning to the east, which is currently being developed for industrial purposes, the land to the south, west and north are mainly undeveloped property. He stated that the petitioner is proposing to amend the PUD document language to add the temporary use of a golf driving range, practice green, sand trap, 2,400 foot square snack shop, golf equipment sales, office and main- tenance building, putting green, 30 related parking spaces and roads along with the improved well and septic system for sewer facilities. He advised that the temporary use shall be allowed fo:~ ~ maximum of ? years, or until the County Utilities System is able t.) provide potable water to the property. Ne indicated that Staff feels this temporary land use would have very little impact on the surrounding properties and is considered recreational open space with a ]ow intense use, the request is reasonable and consistent with the Growth Management Plan. 00028 Page 17 November 28. 1989 He noted that the Planning Staff reconmends approval, subject to al/ stipulations contained in the Agreement Sheet. Ne reported that the CCPC held their public hearing November 2, 1989 and forwarded Petition PDA-89-6 to the Board of County Commissioners with a recommendation o~ approval. He stated that no residents spoke for or against the petition, no correspondence has been received and Staff recommends that the Board of County Commissioners approve this petition, subject to the CCPC recommendations. Commissioner Hasse questioned the temporary use for a golf driving range? Mr. Lord advised that the use is temporary on a long-range basis. He explained that there is no water going to the property pre- eently, and there probably will not be any water going to the property for a number of years. He reported that the petitioner feels that the use of i go]~ driving range will produce revenue for the property. Commissioner Hasse questioned why they will not need water for a golf driving range? Mr. Lord stated that a well and septic system will be provided for this use. Commissioner Volpe commented that in addition to what is stated, the petitioner is requesting 2,400 square feet of commercial develop- ment for the golf shop, snack bar, etc. He indicated that he has some concern with commercial use at this particular location because he does not feel that it is consistent with the County's Growth Management Plan. He advised that when this project was approved 2 years ago, there was no water and no sewer, and he noted that lengthy discussions were held about what commitments this developer would make in bringing water, sewer and sanitary treatment to this location. Ne noted that the Board had expressed reservations about approving the project unless that commitment was obtained. He pointed out that the commitment was made, and the anticipated bui]dout was 1992. Ne indi- cated that the Petitioner knew then that there ~as no water or sani- tary service to that area. He reported that no one has addressed allowing 7 years for commercial type development., a ~ignificant change Page 18 November 28, 1989 for the residential community. He stated that he perceives this as an opportunity to achieve some type of de facto re-zoning and questioned how that will fit into the Growth Management Plan tn 7 years? Dr. Neno Sp~gna, representing the Oadaletas, advised that the Petitioner has agreed to all the requirements of Staff and the reviewing agencies. He explained that it ts not the intent of the Petitioner to change the u-e of this property, and noted that he pre- sently has a PUD allowing 88 units which he intends to build when he is able to obtain water. He reported that it ts also true that at the time of the original discussion the water Issue came up, and his client agreed to put in his amount of the water line. He stated that at this time the water extends to Landmark Estates, and the problem has been that since the original negotiations and discussions, there has been a lapse tn acquiring the cooperation of the other property owners. He explained that as far as he knows the County utility system is working on it, but their estimate ts 6 to ? years, not immi- nently as first suggested. He pointed out that his client will live up to his commitment to provide his fair share of water, but tn the meantime he would like to do something to use the property. He explained that his client has operated a golf driving range and the commercial uses requested are no different than those normally found tn any golf course or driving range. He Indicated that it is not the intention of his client to convert the PUD to commercial use by de facto or any other way. In response to Commissioner Hasse, Dr. Spagna reported that access will be planned off U.S. 41 with no de-acceleration lane and will comply with the Department of Transportation,s regul~um~nts. He Indi- cated that the use of this road will be limited to ;,pproxl~ately §0 to 200 people coming tn and out of the project. Committsloner Saunders questioned over what period of time? Transpol, tatton Services Administrator Archibald advised that under ~he original PUD, the applicant did make the commitment to provide for the turn lane and a Page 29 November 28, 1989 certain a~ount of right-of-way. He pointed out that when that PUD use occurs, not only will the appropriate access be provided, but some right-of-way commitment will be fulf~l]ed. He stated that in the interim, the threshold is not going to be met by this development for turn lanes, with one exception, a right-hand turn lane that will be subject to a traffic impact analysis. Commissioner Vo!pe questioned the 2,400 square foot commercial building to support a driving range? He advised that he was thinking more of a shed where golf bal~s could be purchased to use the dr~v~ng range, and he feels that what is being proposed here ts more of a com- mercial enterDrise. He pointed out that golf equipment will be sold, and a snack bar is proposed. Dr. Spagna rep//ed that the building is 2,400 square feet to provide a snack bar that will serve light snacks, i.e. a Coke and bag of potato chips, and also use it for equipment necessary to maintain the grounds. In response to CommIssioner Volpe, Dr. Spagna indicated that whether or not septic tanks are used will be determined by the requirements of the Health Department. He explained that he feels the Health Department w~ll require some type of modest septic system. Comm~ssioner Volpe questioned if the applicant is aware that the approved PUD will be subject to zoning re-evaluation? Dr. Spagna con- cuffed. In response to Commissioner Shanahan, Dr. Spagna reported that the driving range is adjacent to industrial property on the east side of U.S. 41, and the land around it is undeveloped. In response to Commissioner Hasse's question about lighting being provided, Dr. Spagna replied that the applicant may hsve one or two standards, but the impact of lighting would be minim.t1. 1{~ pointed out that the applicant has agreed to leave a '~0 foot buffer and not remove any of the native vegetation, which will alleviate any impact from the lighting. ~~i~- Shanahan ~oved, ~econded by Commissioner H~ and P~ 20 X~v~mb~r 28, 1989 carried unani~ou~l¥, that the public hearing be closed. C~ieeloner Shanahan ~oved, seconded b~ Coliesioner t~t ~ Ordi~ce ~ n~r~ ~d titled ~1~ ~ adopt~ ~d ~tered into ~~e ~k ~o. 37: Co~issAoner Vo~pe pointed ou~ ~hat allowing ~hAs type of interim use in approved PUD's ~ill give economic relief ~o a proper~y o~er ~d .e~ a prece~en~ ~or others ~ho are no~ ready ~o go ~o marke~. He explained tha~ ~his use ~alls under a recrea~ional category, bu~ 2,400 s~are fee~ wi~h a snac~ bar, gol~ equipmen~, pu~Ang green, sales, o~ice, and main~enance building wi~h 30 rela~ed parkAng spa- ces. He advised ~ha~ ~he Board is allowAng a di~feren~ ~e o~ use ~han wha~ ~as origina~ permitted in ~he PUD. He emphasized ~ha~ ~hAs were a PUD coming before the Board ~or a res~den~a~ deve~opmen~ to be buil~ ou~ 4t 6 or ~ units per acre, this ~pe o~ commercia~ use would no~ be approved wi~hAn tha~ PUD. In response to Co~issioner Hasse, Coun~ A~ornew Cuyler replied ~ha~ some o~ Co~Assioner Volpe's poAn~s are evAdent, i.e. people coming in and askAng for interim uses. He Andica~ed ~ha~ he has no~ discussed the consistency question w~th staff. Commissioner Saunders co~ented that Staff's and the CCPC's reco~endatlon reflects a con- sistency determination. County Attorney Cuyler concurred. He advised that the Board may want to examine the discretionary point of view relating to land zoning, but ~n regard to the legal point of v~ew, Staff has made a ~horough evaluation regardfng consistency. ~ call for the ~eet~on, the ~tton carr~ 4/1. Vol~ ~). O~IN~CE 89-84 AN ORDINANCE AMENDING ORDINANCE NO. 88-$0, WHICN ESTABLISHED THE "GADALETA PLANNED UNIT DEVELOPMENT" BY AMENDING REVISION DATE ON COVER PAGE; BY AMENDING TABLE OF CONTENTS BY .~DDif~G ~EFERENCES TO PARAGRAPH 3.4.1, TEMPORARY USE FOR A GOLF DRTVT}:O ]~ANGE, TO SECTION 3, LAND USE REGULATIONS INDEX; BY ADDA.:e a PREFACE PAGE; BY AMENDING SECTION 1, PARAGRAPH 1.2, LEGAL DE$C~,_'?VON BY DELETING THE CURRENT LEGAL DESCRIPTION AND ADDING AN JFD&TED ONE; BY AMENDING SECTION 3, LAND USE REGULATIONS, BY ADDING 2ARAGRAPH (3.4.1), TEMPORARY USE FOR A GOLF DRIVING RANGE; BY AMENDING PARAGRAPH 3.5, DEVELOPMENT STANDARDS BY ADDING LANGUAGE MAKING IT NOT APPLICABLE TO PARAGRAPH (3.4.1)~ FOR PROPERTY LOCATED ON THE Page 2! November 28, 2989 WEST SIDE OF US-41; CLD NORTH TAMIA~I TRAIL AND SOUTH OF THE LEE/COLLIER COUNTY LINE IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 2§ EAST, COLT, IE~ COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Page 22 November 28, 1989 RESOLU'f~ON 89-374 RE PETITION SNR-SQ-I, JOHN C. I'URDY RKqUKSTINO A STIqI~T ~ ~ FROM TARTU AVENUE TO "BKTHANY PLACE'* LOCATED ~ ESTATES - ADOPTED Legal notice having been published tn the Naples Daily Hews on November 13, 1989 es evidenced by Affidavit of l~blicatton with the Clerk, pu~ltc hear~ng was opened to consider Petition SNR-89-1 filled by John C. l~rdy, requesting a street name change from Tartu Avenue, to "Bethany Place, located tn Section 26, Township 48 South, Range 25 East, Coll~e~ County, F~o~da, SouthwJnds Estates Subdivision. Cm~mm~eF ~ght ~, oeconded ~ Con~mmi~eF S~ ~ c~ ~~lY, that the ~b~c hemF~ng ~ c~omed. C~mm$~F G~tght ~d, meconded ~ Conimsioner ~ ~~ ~x~y, t~t Reoo~ut~on 89-374 Fo Pot~t~ ~ 23 Novembel. 28, 1989 Ztem ~6C2 RESOLUTION 89-3?5 RE PETITION &V-89-011, VINEYARDS DEVELOPMENT CORPORATION AS OWI~P.~ REQUESTING VACATION OF A PORTION OF OAKS BOULEVARD, A ONE HUNDRED FOOT RIGHT-OF-WAY - ADOPTED Legal notice having been published in the Naples Daily News on November 12, 1989 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AV-89-11/Waffa F. Assaad, Manager, Vineyards Development Corporation, represented by Anchor Engineering, for the purpose of replatting to conform with Ordinance 85-15, Vineyards PUD. Transportation Services Administrator Archibald advised that this is a public hearing to consider Petition AV-89-011 submitted by the Vineyards Development Corporation for vacation of a 100 foot right-of- way known as Oaks Boulevard, replaced by the construction of Vineyards Boulevard, a 4-lane urban segment. Re explained that an agreement between Collier County and the developer indicates that upon comple- tion of Vineyards Boulevard and posting of the appropriate security, the County would proceed with the vacation of the abandoned right-of- way, Oaks Boulevard. He reported that the County is vacating that portion within Section 5, Township 49 South, Range 26 East and noted that the resolution makes reference to the original documents dedi- cating Oaks Boulevard as an easement to Collier County. He stated that the County is considering the vacation of the easement recorded in the Official Record Book 846, Pages 81! through 816 for a 100 foot right-of-way known as Oaks Boulevard. He explained that the attach- ment to the resolution contains the description of the 100 foot right- of-way and map outlining the roadway being abandoned and requested for vacation. He noted that based upon the platting of the Vineyards Unit 3, that portion in which the majority of the roadway to be vacated was transferred to either Collier County or the Schoo3 ~oard. He explained that the area being requested for vacat~cn I~ adjacent to the School Board site currently under construction. L -~vised that the vacation as out//ned is being recommended under Section ~6.09 and Page 24 ~ovember 28, Z989 336.10 of the Florida Statutes, and the appropriate letters of no obje- ction have been received. He reported that there are no utilities that portion of the right-of-way being vacated, and the County Utility Division will assure that they have no utilities located there. He stated that the point where the old Oaks Boulevard intersects with the new Vineyards Boulevard is being exempted from the area to be vacated. In response to Commissioner Hesse, Mr. Archibald explained that the area to the west of Vineyards Boulevard and south of Vanderbilt Beach Road As the school site currently under construction. In response to Commissioner Volpe, Mr. Archibald replied that the vacation is slightly more than a mile long and 100 feet wide, e little more than 10 acres, and the County is gaining 120 feet of right-of-way. In response to Commissioner Volpe, Mr. Archibald replied that the developer built the Vineyards Boulevard at his cost. In response to Commissioner Volpe, Mr. Archibald Indicated that the County did not obtain appraisals because the County is obtaining more right-of-way than Is being vacated and it ts a 4-lane roadway. County Attorney Cuyler advised that there was a prior written agreement. Co~iutoner Volpe ~oved, leconded b~ Contsatoner Shanahan and carrAed 4/0, that the public hearing be cloaed. Co~misaloner Shanah~ ~mved, aeconded b~ Contestoner Vol~e, that that Re~olution 89-3?5 re Petition AV-89-Oll, be adopted. In response to Commissioner Hasse, Mr. Archibald replied that access to the new school sate wall be 'to the east to connect directly to The Vineyards Boulevard, and the access is part of +ha plat of Unit 3. Dpon call for the question, the ~otion carried 4/0. aoo~i~ht a~e~nt) II'OVE~bEZ' 28, :1989 Zt:~ ~'6C3 ORDXllAIICE 89-85 CI~EATIN(t A STI~E~T LIGHTING DISTRICT IN THE RIVIERA COIX)NY GOLF ESTATES UNIT 1 SUBDIVISION - ADOPTED Legal notice having been published in the Naples Dally News on November 7, 1989 as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider an Ordinance creatlng the Riviera Colony Golf Estates Unit I Street Lighting Municipal Service Taxing Unit, providing the boundaries of the unit, designating the governing body of the unit, providing for purpose and powers, pro- riding for annual estimates of expenses and taxation rate, providing for tax assessment and collection, and providing for construction and an effective date. Transportation Services Administrator Archibald a~vtsed that this Item ts a request through a petition by property owners in Riviera Golf Estates Unit 1, one of the last areas platted with Infrastructure and streets. He explained that the petition was submitted and met the 50~ plus one criteria of the County, with §§~ of the property owners signing the petition. He reported that Staff developed a site plan for the street lights and cost estimate and the County Attorney's office prepared the ordinance. He advised that creating a taxing dlstrlct for providing street lights is being considered today, and noted that Riviera Colony Golf Estates Unit i has 1§2 t:tnqle-famtly lots and the annual cost to a lot owner wo~lld be aF. proxtmately $18.00 to $20.00. He explained that the ordtnancm would create the taxlng district before the end of this calendar y~:lr, allowtnil for the budgeting of dollars to implement this In the 1990/91 County year. He advised that a petition also was received in o~p~sitton to creation of the street lighting district. He stated that s~m.~ c?,:~ers are under the impression that there would be no tax for prov~d~-g street lights. The following speaker spoke against the petition: George Watson w/petition containing signatures (copy on fil~ with Clerk to the Board). The reasons were: post lights exlst in front yards and street Page 26 November 28, 1989 lighting is unnecessary, unnecessary expense for people on fixed Income. The following speakers spoke in favor of the petition: Mary Ann Summ¥ John J. Muehl The reasons were: residents go north tn summer and post lights are not lit, crime protection, widows living alone like more lighting, driving and bicycle riding at night is dangerous without street lights, vandalism, damage to lawns and automobiles at night from auto- mobiles and trucks. Commissioner Saunders questioned if Mr. Watson ha~ received any telephone calls from people who signed the petition against the street lighting who had changed their mind? Er. Watson stated that he had not. Coati.toner SI~ ~ed, seconded by Co~misstoner Sanders and carrted unantmly, that the public hearing be closet. Cc~teeloner Sh~nahan ~oved, seconded by Colisstoner Goodntght, that th~ Ordtn~nc~ u nuabered and titled below be adopted ~ wntered into ordin~nc~ Book No. 3?: In response to Commissioner Hasse, Mr. Archibald indicated that the lights will be a~ the points of intersection or the end of cul de sac streets. Mr. Archibald advised that thero are only 3 o£ 4 vacant lots that remain to be developed and one of t~ sabdtvtston require- ments Is that all of the subdivisions be cu.~sid~red for street lighting, and this area ts tn the center of cu?rentl¥ lighted areas. Upon call for the question, ORDINANCE 89-85 AN ORDINANCE CREATING THE RIVIERA COLONY GOLF ~£~.o':.- UNIT 1 STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDig' THE BOUNDARIES OF THE UNIT; DESIGNATING THE GOVERNING BOD~ ~? THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION RATE; PROVIDING FOR TAX ASSESSMENT AND COLLECTION; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE It~4 ORDi"NI~"E 89--~ AMENDIN(t THE BEACH AND WATER SAFETY ORDINANCE - Pag~ 27 Nov~aber 28, 1989 Legal notice having been published in the Naples Dally News on November 7, 1989 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Collier County Ordinance No. 89-11 relating to beach and water safety and vessel control. Public Services Administrator O'Donnell advised that on February 28, 1989 the Board of County Commissioners directed Staff to work on amending Ordinance 89-11 relating to beach and water safety, vessel control, and concession regulation. He stated that the Parks and Recreation Advisory Board met on 2 occasions and revi~,~ed this matter, with the fo/lowing changes recommended: 1} The applicant must have an operations office or headquarters located at a /and-based location in the immediate area where the vessels are b.~ing provided for public use with direct acc.~ss to the beach, and ~) Th.~ applicant must have and maintain a telephone and marine radio at It's /and-based operations office. Ne indicated that if the ordinance is approved, beach vendor permits will be issued. Commissioner Saunders questioned if there were any specific problems resulting in this being brought back? Mr. O'Donnell explained that the direct access language to the beach created a dilemma as to which vendors would qualify for beach vendor permits. He noted that based on consultation with the County Attorney, it was determined that direct access to the beach could be construed as road- ways and would not eliminate the problem of variou:$ vendors moving up and down the beach. In response to Commissioner Volpe, Mr. O'Donnell ~vised that the land-based facility would not be considered within the i~medtate area where the vessels are provided to be for public u~e. ~e explained that some facility in close proximity to the area will have to ~e provided. George Keller, Collier County Civic Federation, suggested that tn the second item wherein the applicant must maintain a telephone and marine radio at its /and-based operations office, should also require Page 28 November 28, 1989 that a ~arine radio be on the vessel for communication. Mark Bahr, Marco Island Ski & Water Sports, the primary con- cessionaire for the Marriott, stated that he Is in favor of the ordinance. In response to Commissioner Hasse, Mr. O*Donnell replied that the vast ~aJority of the concessionaires watch their eq~ipment rather clo- sely. He explained that the concessionaires keep track of Jet skies, etc. and since the charges are by the hour, more contl-ol is exercised. A discussion followed about a Jet skier who went too far offshore. In response to Commissioner Volpe, Mr. O*Donnell replied that the cost of the permits will be reviewed during the course of the year to sea how much administrative cost Is being absorbed. C~mionmz. Sh~ moved, eecon~md l~, Commissioner Goodnight ~ O~Tledun~ntmly, that the pub/Ac hearing be closed. C~tssioner Shanahan ~ov~, seconde~ by Commissioner Ooodnlgh~ ~n~ ~XTie~ unanimously, that the ortinance as nm~bered ant tttle~ bel~ be ~opted and entered Into Ordinance Book No. 37: ORDIIANCE 89-~6 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 89-11 RELATING TO BEACH & WATER SAFETY AND VESSEL CONTROL; BY AMENDING SECTION SEVEN, REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. It~ ~8C5 RESOLUTION 89-378 RE PETITION AV-89-023, WESTINghOUSE COM~INITIES OF NAPLEI, INC. RE~U~$TIN~ VACATION OF PORTION OF THE EIGHTY FOUR FOOT (84~) ROAD RI~HT-OF-WAY PLATTED AS GREENTREE DIlFI ~OCATED IN A PORTION OF THE PLAT~ PELICAN BAY UNIT #6 - ADOPTED Legal notice having been published tn the Naples O~ily News on November 12, and 19, 1989 as evidenced by Affidavit o~ Publication filed with the Clerk, public hearing was opened to consider Petition AV-89-025 fi/ed by Westinghouse Communities of Naples, In=. requesting vacation of a portion of the eighty four foot right-of-way for the purpose of realigning Greentree Drive. Transportation Services Administrator Archibald advised that this item is a request to vacate a very small portion of Greentree Drive Page 29 November 28, 1989 located in the plat of Pelican Bay, Unit 6 as recorded in Plat Book X4, Pages 31 and 32. He explained that Westinghouse proposes to vacate a small segment on the northwest corner of Greentree Drive in order to align Greentree Drive between Plats, Pelican Bay Unit 6, recorded and the future Plat 9 and X3. He reported that is the f~rst part of a 2 or 3 part vacation wherein a small portion of the road right-of-way vacation will allow the petitioner to pr,~perly align Greentree Drive and extend it further north. He stated that this par- ticular area has single-family homes along the portion of the roadway that will be vacated. He noted that this petition has been reviewed by Utilities and letters of no objection have been received, together with provisions for providing utility easements. He stated that PBID has approved the petition and the resolution was prepared relative to Florida Statute l?? and advertised in that fashion. He indicated that that should be revised to reflect Florida Statute Section 336.09 and 336.10, because only the road purposes of that right-of-way are being vacated. He noted that a revision is necessary in the resolution making reference to Statute 336.09 through Statute 336.10 instead of Statute l??. He advised that he has reviewed th~s with the County Attorney who advised him that since the advertising procedure would be the same, it is acceptable to consider this petit/on and resolution with the discussed changes made. In response to Commissioner Volpe, Mr. Arch/bald explained that the vacations along Greentree Drive are being don~ separately, based upon the fact that some of the subsequent units to the north have been approved, but not recorded or are in the process of be.t~j recorded. Lou Hoegsted, Westinghouse Communities of Nap/em, displayed a poster showing the vacation of the easement. He stated ~hat to his knowledge there are no other vacations because Units C u..c , have been platted, and Unit ~ approved. Mr. Archibald reported that th.~re may be another on the east side of the road alignment that may need to be vacated. Mr. Hoegsted concurred. Mr. Archibald explained that if all Page November 28. 1989 the plats had been recorded, this could have been done tn one step. Tape #3 County Attorney Cuyler advised that the Statute number tn the resolution should be changed, and clarification should be included that it ts only the roadway the Board is re/easing. Co~aielton~r Ha~e ~oved, seconded b~ CouissloneT S~der~ ~d c~ ~~Y, t~t t~t The ~bl~c hearing ~ closed. In response ~o Co~lssioner Volpe, County Attorney Cuyler explained tha~ the petition has to proceed under Florida Statute 336 because that Statute provides for the County,s release of an ~nterest that it has. wi~ ~ c~ ~ ~tlin~ a~ ~ C~ Atto~ ~ler, ~ Page 31 Nov~b, ez- 28, 1989 Xt~m #lOA County Attorney Cuyler advised that Darlene Connelly has resigned from the Code Enforcement Board, and noted that she did an excellent Job. Conm/~etone~ Shanahan moved, mecondmd by Conn/mmtoner Hu~e and Cl.Z~led,m~m~lmmz~l¥, that Reeolutton 89-3?7, appointing I~onte to tb~ ¢od~ bforc~m~nt Bo~, b~ mdoRted. (~z~ of offtc~ ~11 ~ ~ ~t~ of ~tntmt to Y~b~ 1~, 1992.) Page 32 Ncrv~lber 28, 2989 Zt~#12& lq~,COM~XIY~.&TZOM OF PETXTXOM RE VACATION OF FOX LANE THROUGH THE Co~tss/oner Hasse stated that he would like to reconsider the closing of the roadway in Foxfire until the County can proceed with the completion of an alternate connector road. Commissioner Saunders advised that a motion can be made for the Board to reconsider it's action and schedule a public hearing. The followln~ speakers spoke ~n opposition to the closing of Fox L~e: George T. Keller, Collier County Civic Federation Ms. T. Primrose Bates, President, Naples Mobile Estates Park Their reasons were: clos~n~ of Fox Lane should not occur until ~here Is an alternate route available, precedent is betn~ s~arted; Collier County should not ~ive up its rights to roads That are ~n the ~eneral Interest of the public. In response to George Keller, Commissioner Goodnl~ht advised that her vote was not ~litical because 4 of the Board members, Including her, receive no votes from that area. Cowry A~torney Cuyler advised that if this As ~oin~ to be recon- sidered, today As the day to make the motion. Co~lssAoner Goodnl~ht advised that she voted An fa,or of the motion for the safety of Foxfire residents and noted that some of the residents have to back up ~nto Fox Lane. She ~xpressed concern that she As wlllln~ to re-hear the motion if Staff can bring back some type of schedule as to the time the alternate road will be opened. ~ri~ 4/1, t~t t~ ~rd reco~ider ~he clo~in~ oi ~ L~e An Co~issloner Hasse questioned if the speed limits coula be lowered or strictly enforced? Cowry Manager DorrAll ~ndtcated that Staff will have a list of options for the Board to pick and choose from. Page 33 November 28, 1989 Commissioner Saundere co=mented that this matter will be brought back on December 12, 1989. Commissioner Volpe commented that he is going to be proposing some changes for the consideration of the Board. He suggested that the discussion this morning wherein a continuance was granted over the telephone and the allowance of time to reflect on what has been heard during the public forum would be good reasons to propose changes. Commissioner Haese concurred. Commissioner Volpe stated that there may be a practical problem of delaying matters and lengthening meetings. Commissioner Saunders expressed concern that if the ~uggestion is made applying to all zoning i~sues, a first and second reading will add to the time the Board will be discussing the items. He explained that only one out of every 10 o~. 15 items may cause con- cern, and that anyone on the Board would honor a request by a Commissioner for a continuance of an item to be studied further. Commissioner Goodnight reported that the Board had a workshop with public input and no formal action taken. She commented that Staff and the Board felt that it was a waste of time. Commissioner Vo]pe reported that the only time he has the benefit of the other Board member's opinions is at the public forum, and he feels that some type of procedure should be set up generating discussion among the Board itself before final action on a particular item is taken. Commissioner Goodnight noted t~t agenda itemc of Importance to the Board could be discussed at a wor]=shop or public discussion. She indicated that first or second readings are a waste of time. Comml~ioner Shanahan advised that he is not ]n favor or first or second readings, but is tn favor of some ~or~ of mechanism which would protect the Board and provide the best poG~i~le hearing for a petitioner. He emphasized that the reason th,- te would like to revisit Foxfire is because in his short tenure he has had requests to re-hear an issue, but on Foxfire he has had more requests than he has had totally in all others. He advised that this is atre- Page 34 November 28, 1989 mendously important issue that needs to be revisited. Commissioner Saunders commented that on rare occasions when the Board does not have enough information to act on, a continuance will be granted to any Commissioner. ~iAIVEH OF FEE~, PARADE ~IT AND ~QU~ST FOR PARKING I~]~MISSION FOR Commissioner Shanahan, the Grand Marshal of the Christmas parade on Marco Island, advised that "Christmas Island Style" is a ~oint ven- ture between community civic leaders, Marco Island residents and the Marco Island Chamber of Commerce and is a project dedicated to bring Joy to all residents and visitors of Marco Is/and and Southwest Florida. County Manager Dorrill advised that the Chairman should be authorized to sign a limited use agreement similar to that executed for Frontiers Days and includes the minimum insurance requirements and /aw enforcement. Com~ismionmr Shanahan ~ovmd, seconded b~ Commissioner Goodnight ~nd carried v=a~ni~ously, that the waiver of fees, parade permit and ~t for p~rktn~ permission for 'Christm Island Style', mubJect to a lt~/ted u~e a~reemento including aintmm insurance requirements 28, ~989 Ite~#14C4 POP. EASE OF SPORTSCLUSTE~ - 2 ~K"VEL 8 LIGHT ]~EDUCTION FOR ~~~ ~~ IN ~ ~ 0F $8~284 T0 ~SC0 LI~INO, INC. - ~~ Commtss~oner Saundere advised that I~em ~4C4 has been pu~led from the Consent Agenda for purposes of public comment. Dr. Stan Sp~ro, representing approximately 1,100 residential pro- perties on or around Roberts Bay, asked that voting on the contract to ~sco Lighting, Inc. in the amount of $8,284.00 be postponed to a future meeting in ~ months. He advised that over 1,100 o~ers are in the process of legal action against Collier County for v~o/at~on of Deed Restriction SA and No,se Ordinance 77-4. In response to Co~o8~oner Hasse, Dr. S~Jro explained ~hat 3A ~8 a restr~ction stating that no noxious or offensive activities shall be carried on upon said tract, nor shall anything be done thereon which may be or become an annoyance or nuisance to the general neighborhood. He advised that No,se Ordinance 77-4 states: Must not d~sturb the peace, ~iet and comfor~ of the neighborhood inhabitants. Mr. R. A. Steers, 561 Hammock Court, concurred with Dr. Sp~ro. Co~issioner Saunders co~ented that this contract should reduce to some de~ree the problem of l~ghttng at the ballf~eld. Co~ss~oner Sh~ahan e~la~ned that the ballpark is there, the li~hto are up and the neighbors feel that the glare and noise are creating a disturbance to the neighborhood and would like to see the lights come 6o~. He reported that ~nstallatton of these shields would reduce the glare into the adjacent neighborhoods almost totally. Cor~missfoner Volpe co~ented that the lawsuit contemplate8 the ~ctiv~ty conducted at the ballpark, not the lighting. He stated that the ~oard connot change th~ by deferring action on the purchase of e~ipme:Lt ~'~. -.duce g/are. In response to Co~issioner Hasse, Dr. Spits advi-.~ that a post- ponement ~s being re~ested to give the residents time to bring in due process of legal act/on against Collier County for violat~on of the Noise Ordin~ce 77-4 and Deed Restriction 3A. Co~iss~oner Hasse com- mented that that in essence means that these residents do not want the Page 36 November 28, 1989 park there. Dr. Sptro replied that the residents want what is proper. Co~teelon~r Volpe moved, seconded by Com~tesioner ~t~t ~d c~i~ 4/1, t~ t~ ~rc~e of 8~rt~cl~ter - 2 ~1 ~ LAght ~i~ for N~t~h~ blink ~n the ~t of 88,8284 to ~co ~s~i~r ~ighT ~, ~econded ~ CmL~i~ir S~ ~ ~t~ ~imly, t~t t~ roll,lng tt~ ~der t~ Cmt Accept the Irrevocable Letter of Credit as security to guarantee completion of the subdivision requirements. Authorize the recording of the Final P/at of Rocky Pines Estates Unit Two. Authorize the Chairman to execute the Construction and Maintenance agreement. 4. That no Certificates of Occupancy be granted until the required Improvements have received preliminary acceptance. See Pag. Its ,14B1 - Deleted BUI)~T~ TRANSFERRING FUNDS WITHIN FUND 306 IN THE AMOUNT OF 8!,00~,8~O.00 Item #14C2 ]rl~.~&L TTJL~ 1989/90 COI~[Z~ FOR C&SH TO TRX-COURTY S~l~.lCE PROJECT XII T~ ~ 0F It~a~14C3 See Page ~/' ~. / RESOLUTION 89-378 ESTABLISHING A BEACH PERMI'£ V~DEITM, FE]~ OF $250.00 FUIe~U~ TO OItDINANCK 89-11 It~#14D1 JOINT RESOLUTION 89-379/CW~-89-13 WITH LOCATION MAP DKSIGI~.ATING POTABLE WATER PIPELINE EASEMENTS NEEDED ALONG PINE RIDGE ROAD FRON U.S. 41 TO GOODLETTE-FRANK ROAD; AND AUTHORIZING STAFF TO ACQUIRE EASEMEi,~TS BY GIFT OR ~KCHASE See Pages Pago 37 November MID-RANGE SYSTEM AMENDMENT TO IBM MAINTENANCE AGREEMENT Item #14D3 ACCn-rANcE OF WAYER AND S~Za FACZr. ITY AGaZZMENT - CRYET~n nizz Ru aZSORT Recorded in OR Book /~/F~, Pages ~ y Item ,14D4 ~OJ~CT AUTHORIZATION FOR UPDATE OF THE 1986 WATER MASTER PLAN Ite~ ~14D~ ~ ~ ~CO~NIZIN~ ~ 89-90 C~Y-FO~ IN ~ ~0~ OF $23,561~799 Item ,14D6 BID ,89-1484 FOR THE GRAVITY LINE REPLACEMENT BETWEEN MAITHOLES IN THE AMOUNT OF $18rT50 TO MITCHELL & STARK CONSTRUCTION CO.r INC. Legal notice having been pub//shed in the Naples Daily News on October 30, 1989 and as evidenced by Affidavit of Publication filed with the Clerk, bids were received until 2:30 P.M. on November 15, ~989, for the gravity line replacement between manholes. Item ,14DT ACCEPTANCE OF S~WER FACILITIES - SANDEYAR APARTMENTS - WITH STIPULATION That the DER furnishes a letter authorizing the placement of the sewer system into service. Recorded iR OR Book/~, Pag,~s~j~., ~a 7 LEAVE BANE FOR A PERMANENT EMPLOYEE FOR NANCY E?p -- ESTABLISHED Item ,14E2 BID ,89-1469 FOR DECORATIVE PLANTS AND MAINTENANCE IW TL~ A~OUNT OF APPROXIMATELY $12,000 TO J~ANNIKeS PLANT CARE Legal notice having been published tn the Naples ~.~ly Ne~{s on August 17, ~989 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until 2730 P.M. on September 6, 1989, to consider Bid #89-1469 for decorative plants and maintenance. Ite~,14F1 CONTRACT FOR A PART TIME HELICOPTER PILOT IN THE AMOUNT OF 85,500 WITH JOSEPH MICH~EL MANNING Page 38 November 28, 1989 Item #14F2 RENEWAL OF A SERVICE AGREEMENT FOR DEMAND MAINTENANCE OF PHYSIO-CONTROL LIFEPAK 5 HEART MONITORS, DEFIBRILLATORS, AND BATTERY CHARGERS IN T~. AMOUNT OF ~6f900 WITH PHYSIO-CONTROL TEC~NICAL ~kTIC.. Item #14G1 BID ,89-1487 FOR A HAZARDOUS WASTE STORAGE BUILDING IN THE AMOUNT OF ~27r685.50 TO SAFETY STORAGKr INC. Legal notice having been published in the Nagles Daily News on November 3, 1989 as evidenced by Affidavit of Pub//cation fl/ed with the Clerk, bids were received until 2:30 P.M. on November 15, 1989 for a hazardous waste storage building. BUDG~TAME~ IN THE AMOUNT OF $355,100 FOR WATER MANAGEMENT ~ .APITAL FUND EQUIPME]IT PURCHASE IN THE AMOUNT OF $66,385 FOR AQUATIC PLANT CONTROL PROGRAM AND STATE CONTRACT PURCHASE OF A CATERPILLAR 926E FRONT END DOADER PROM ~n~y TRACTOR CO. Item ,14G4 BUDGET AMENDMENT IN THE AMOUNT OF $6,000 FOR WATER MANAGEMENT OPERATING FUND 110 Item #14H1 WATERMAIN IMPROVEMENT AND INSTALLATION AGREB~EF£ FOR INDUSTRIAL PARK WITH PINE RIDGE INDUSTRIAL ~ARK BUSI~ESS ASSOCIATES, INC. Item ,1411 CERTIFICATES OF CORRECTION TO THE TAX ROLL AS F~SE~ED ~y THE .PROPERTT APPRAISER.S OFFICE Item~1412 1989 TANGIBLE PERSONAL PROP~RT~. Nos. 1989-66/68 1989 Datad 11- ~5/16-89 Nos. 33-61 11-13/14-89 65-66 11-16-89 EXTRA (lAIR TIME FOR INMATE NOS. 58109, 62240, 61387, 43608, 44421, 40480~ 32528~ 39021~ 60654~ 34928~ 55196t 63611~ 27506~ 60550 Item ~14I Page 39 28, 1989 ~ISCELLAN~OUS CORRESPONDENCE - FILED AND/OR REFI~RRED Letter dated 11/9/89 from Lewis O. Burnside, Jr., Division of Housing and Community Development, DCA, re: Collier County Community Development Block Grant, contract No. 90DB-49-09-21-O1-N0§. xc: Nell Dorrlll, Frank Brutt, Russell Shreeve, and filed. Copy of letter dated 11/13/89 to Brett D. Moore, P.E., Coastal Engineering Consultants, Inc. from Tony D. McNeal, Engineer Division of Beaches and Shores, DNR, re: Administrative approval of Permit No. CO-204, Permittee: Richard S. and Kate R. Kraska. xc: Nell )orrtll, William Lorenz and flied. Copy of letter dated 11/7/89 to Mr. Robert G. Nave, Chief Bureau of Local Planning from Commissioner Saunders re: Remedial Amendments to the Collier County Growth Plan. Filed. Letter dated 11/15/89 from Kathryn Madison, President, Art League of Marco Island, to BCe re: Petition to waive permit fees for events, xc: Nell DorrtlI, BCC and filed. 5. Minutes received and flied: A. 11/7/89 - Marco Island Beautification Advisory Committee B. 9/11,/89 - Agenda for Immokalee Lighting and Beautification Committee and minutes of meeting held 5/16/89 C. 8/24/89 - Minutes of Collier County Fire Consolidation Study Order Consummating Proposed Agency Action dated 11/13/89, Docket No. 890004-EU, Order No. 22167. xc: Ken Cuyler, Mike Arnold and filed. Copy of letter dated 11/14/89 to Frederick R. Glolckner, President, Connecticut Tan and Management Foundation, from Norman E. Feder, District Director, Southwest Area Office, DOT, re: Metropolitan Planning Organization. xc: Nell Dorrlll, George Archibald, Jeff Perry and filed. Letter dated 11/14/89 from Gerald G. Lott, P.E., District Traffic Operations Engineer, FDOT, re: Notification of Changes in Traffic Regulations. xc: Nell Dorrtll and ftlgd. Letter dated 11/6/89 from Terry M. Barrow, Administrative Assistant, Bureau of Explosives and Fire Equipment, Office of the Treasurer, Department of Insurance, to BCC re: insurance cer- tificate for fire equipment dealer license with insufficient coverages provided and blank form asking for further information. xc: Nell Dorrtll, Risk Management, Jay Reardon and flied. 10. Letter dated 11/15/89 from Robert L. Patton, CcntroJ~e~., Collier County Tax Collector's Office, to Commissioner Sdol,hers re: distribution of Current Ad Valorem Tax to th~ DC', after Tax Collector's commissions: County Wide $1,927,5'~9.O9 and Dependent District $304,198.87. xc: Budget and filed. 11. Notice of Voluntary Dismissal Order dated November 2, 1989 from Twentieth Judicial Circuit, Robert Kovera and Herbert Kaesmann, Plaintiffs vs. Eddie Lee Burkes, Defendant, Case No. 89-3131-CA-01-TB. xc: Ken Cuyler and filed. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:25 P.M. Page 40 November 28, 1989 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN AT~STJ~,~ .~./~'~ Thes~,/min~es approv~~he Board on~~ W','~p"~-'3 aa, oresentea/ / or as corrected ~ · ~. .:'~-'.'i'~'~ · Page 41