BCC Minutes 05/24/1988 R
Naples, Florida, May 24, 1988
LET IT BE REHEHDERED, that the Board of County Commissioners in
and for the County of Colli~r, and also acting as the Board of Zoning
Appeals and as the governing boardCs) of such special districts as
have been created according to law and having condu~ted business
herein, ~t on this date at 9:00 A.M. in REGULAR 8£8810. in Building
-F- of the Government Complex, East Naples, florida, with the
following ~.bers present:
CHA I R:-íAN :
Arnold Lee Glass
VICE-CHAIRMAN:
Burt L. Saunders
ALSO PRESENT:
John A. Pistor
Max A. Hasse
Anne Goodnight
Jaœes C. Giles, Clerk; Maureen Kenyon and Ellie
Hoff.an, Deputy Clerks; Neil Dorrill, County Manager; Ron McLemore,
Assistant County Manager; Tom Olliff, Acting Community Development
Ad-inistrator; Ken Cuyler. County Attorney; Tom Crandall, Utilities
Adainistcator; George Archibald, Public Works Administrator; Kevin
O'Donnell, Public Services Administrator; Jeff Perry, MPO Director;
Phillip Scheff, Dwight Nadeau, and Dave Weeks, Planners; Joe Magri,
Building Code Compliance Director; Nancy Israelson, Administrative
Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's
Depa c t.en t .
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Pa!)Q 1
&00« 114 Fj(.{ 236
~.pe 11
IbIII 13
HAY 24, 1988
MamA - up-au v ~Ð WIn CJIAJIOEs
CQ
i..ion.r Pi.tor aov.4, ..00n4.d by Coaai..ion.r Ha... and
carried UDaDiaou.ly, that the agenda be approved with the following
chazaq..:
2.
3.
4.
¡tea ,..
1.
Itea 9AI - re recommendation to fast-track a request for a
provisional us~ for an emergency medical services substation
to temporarily locate at the Orang~ Tree Pla~a on Pine Ridge
Road - Added.
It~ 9Al - re Petition MP-aa-4C, Lely Development
Corporation requesting a front setback reduction in Lely
Barefoot Beach Condo~ínium PUD located south of Bonita Beach
Road, west of Lely Beach Blvd., north of Anguilla Lane and
bounded on the west by the Gulf of Mexico in Section 6,
Township 48 South, Range 25 East - Added.
Item 9A3 - re request to waive advertising requirement f~r
the ShLll Western Seismic Testing Pe:'mtt - Added.
Ite~ l2B - bud9~t amendment approval for the City of Naples
BeacÞ Parking Program and Clam Pass Park - Added by
CO8Øissioner Glass.
IIDrtJ'rzø OP RBGULAR JœBTIKGS OF APRIL 26, KAY 3, AJID KAY 10, 1988 -
APPauVz;D AS PUSEJn'ED
CO88J..ion.r Pi.tor aov.d, ..oond.d by Commi..ion.r Goodnight and
carried unaniaoU.ly, that tbe ainute. of April 2', May 3, and May 10,
19.., be approv.d a. pr...nte4.
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HAY 24, 1988
It- "81
ORDlKA8CZ 88-47 RE PETITIO. R-87-38C, WILSO., MILLER, BARTO., SOLL'
PEEK, IJIC. UPRESEJfTIRG EOOEWOOD LA1fD PART1ŒRS, REOUESTllfG A REZONE
FROM "I" IIfDUSTRIAL TO "C-5" COKKERCIAL/lIfDUSTRIAL POR PROPERTY ON THE
WEST SIDE OF EOOEWOOD DRIVE IR PIllE RIDGE IRDUSTRIAL PARK - ADOPTED
SUBJECT TO TIlE PETITIOIlER' S AGREEMEJn'
Legal notice having been published in the Naples Daily News on
April 1, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition R-87-38C, filed
by Wilson, Hiller, Barton, Soll & Pe~k, Inc., representing Edgewood
Land Partners, requesting ð rezone from WIW Industrial to "C-5
CO88efcial/Industr ial for property located (,n the west side of
Edgewood Drive in the Pine Ridge Industrial Park approximately 400
feet north of Pine Ridge Road in Section 11, Township 49 South, Range
25 East.
Planner Nadeau stated that the petitioner is proposing to rezone
the property to provide a range of commercial uses and services in a
shopping center configuration.
He noted that the rezone will provide
for uses and activities which are not generally permitted in the pre-
sent Industrial Zonlng District.
He noted that lands to the north and
west are zoned industrial; lands~to the east across Edgewood Drive are
zoned industrial; and lands to the south a~e zoned C-5.
He indicated
that lands to the north, east and west are undeveloped wood¡ands and
to the south, lands are developed with a professional office park.
He
noted that the subject property is dIrectly south of lands previously
cezoned to C-5.
He reported that Staff has reviewed this request and
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HAY 24, 1988
found it to be in compliance with the Comprehensive Plan, adding that
this is an extension of an existing district and permits uses similar
to and cOitpatible with the surrounding zoning district and land uses.
He noted that Staff h~s no objection to this rezone and is, therefore,
cecoa.ending approval subject to the stipulations in the staff report
as contained in the agreement sheet.
He noted that the CCPe unani-
aous1y ceco.mended approval of this petition subject to the resolution
of the HPO stipulations, noting that it was the consensus of the CCPC
þ
that the Board needs to set policy regarding transportation commitments,
which were discussed at the Roard of County Commissioners meeting last
week.
He noted that there was no public comment for or against this
cequest at the CCPe hearing and no correspondence has been ceceived.
Hr. William BarLon of Wilson, Hiller, Barton, SolI & Peek, Inc.
stated that staff has ade~uately presented this request and he would
be glad to answer any questions the Commission may have.
Co88la.ioner Saunders aoved, seconded by co-issioner Pistor and
carried unaniaously, that the public hearing be closed.
Co88d..ioner Saunder. aoved, .econded by Co_i..ioner Piator and
carried UDaniaoualy, that the Ordinance a. numbered and titled below
be adopted subject to the Petitioner'. Agreement and entered into
OrdiDaDCe Book No. 31:
ORDI-AWCB 88-47
AN ORDINANCE AMENDING ORDINANCE e2-2, THE C~1PREHENSIVE ZONING
R£CULA1'IONS FÇ)R THE UNINCORPORAT£C AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OffICIAL/ZONING ATLAS MAP NUMBER 49-25-1
BY CHANGING THE ZONING CLASSIFICATION Of THf: HEREIN DESCRIBED
PROP£RTY LOCftTED ^T EOCt:..ì'IIOOD DRIVE IN THE PINE RIDCE INDUSTRI^L" ~
Paoe 4
;;; 114~ 244
i;;
.. U4M245
MAY 24, 1988
PARk FROM ~I~ INDUSTRIAL TO "C-5" COMMERCIAL/INDUSTRIAL; IN
SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND BY PROVIDING AN
Effr£TlVE DATE. See Pages 339- 3 $1-.3
Its!l_''82
RBSOLU74oø 88-117 ABD ORDlXAXCE 88-48 RE PDA-87-1C, JAMES E. VENSEL,
ABsocnns, IJIC. REPRESEJlTIJlG DOJlALD K. ROSS AND ROBERT B. LEEBER, RE
All AJŒ.&IIII£.-r TO THE KARCO SHORES PUD BY PERKITTIJIG A HOTEL ON PROPERTY
LOCATED AT ISLE OF CAPRI ROAD UD SR-951 - ADOPTED SUBJECT TO
STlPO'LATIO.S AJfD PETITIOJlER'S AGREEMEJIT
Leçal notice having been published in the Naples Daily News on
April 22, 19~8, as evidenced by ~ffidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition PDA-87-1C,
filed by Ja.es E. Vensel, Associates, Inc. representing Donald K. Ross
and Robect B. Leeber, requ~stíng an amendment to the Marco Shores PUD
by peraittinq a 150 room hotel, and that the prohibition of construc-
tion until SR-951 is four-Ianed be waived and that the petitioner be
allowed to do site development work only prior to the completion of
SR-95l, for property located at the northwest corner of the intecsec-
tion of Isle of Capri Road and SR-951, in Section 33, Township 51
South, Range 26 East.
Planner Nadedu stated that this is an amendment to the harco
Shotes POD document, adding that ~he petitioner is proposing to build
a 4-stocy, 150 room hotel and a restaurant and is also asking that the
prohibition of construction until SR-95l is four-laned be waived so
that site improvements only may proceed prior to the completIon of
SR-9S1.
He noted that the petitioner indicat~s that the site work
will be clearing and filling.
He noted that all surrounding lands are
Page 5
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HAY 24, 1988
zor.ed A-2 "ST" and are undeve loped wet! ands and mangrove forest.
stated that after discussions with the Isle of Capri Civic
He
Association, the petitioner agreed that he would not do any site
clearinq or filling prior to the four-laning of SR-951 but he also
agreed to provide the County the use of this site for the heavy equip-
.ent that will be needed in the four-Ianing of SR-951.
He noted that
this is a question for the Collnty Attorney as to whether the Develop-
aent Ocder will have to be amended to include the heavy equipment on
this site.
He noted that the C-4 zoning permits a 100 foot height and
this POD docuøent will permit a 4 story building.
He noted that on
this site there will also be a ra~ water pumping station as well as a
teapocary sewage treatment plant until the Marco Island Utilities is
able to pcovide sewer for the project site.
He noted that this amend-
.ent will result in a reduction of development intensity that was pre-
viouslyapproved.
He stated that the proposed uses are compatible
with adjoining land uses, and Staff recommends approval of the amend-
aent of the PUD.
He stated that the CCPe recommended denial of this
petition and there were three people that spoke at the hearing in
opposition to this petition, adding that their concerns were related
to water pressure and Increased traffic on SR-951 and SR-952.
He
indicated that there was a letter of opposition received stating the
sa.e concerns.
He noted that a letter has been received frorll the Isle
of Capci Civic Association that reve~sed their original position, now
stating that they 'have no objection to the amendment, but they do not
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..114w~247
MAY 24, 1988
want to have a fast-food or drive-in restaurant on the site, which is
a pecaitted use that is currently in the PUD document.
He noted that
thi~ pcoposed amendment will not change that.
He indicated that the
Civic Association is also against any site clearing or filling prior to
SR-9S1 being four-Ianed.
He indicated that the recommendation to the
Boacd of County Commissioners i~ a recommendation for denIal based on
the OCPC's cecoømendation.
Coa.issioner Saunders questioned if there was a r~qucst regarding
not beginning construction prior to the completion of SR-951 or has it
always been no construction until after SR-95l is completed, to which
Hr. Nadeau stated that It has always been no construction until after
S~-951 is completed.
He noted that the Board had a substantial
deviation hearing a number of months ago and determined this not to be
a substantial deviation, but the request for a waiver of this prohibi-
tion was denied.
He indicated that the reason the CCPC voted against
this petition was because of the substantial opposition fro,n the Isle
of Capri Civic Association.
C088issioner Saunders stated that he received a letter from the
Association indicating that they no longer have objection to the con-
cept of this project, adding that there may be some question about the
use of the property for storage of vehicles during the construction of
SR-9S1 and there may be some objection to clearing prior to the
coapletion of SR-951.
H . William Hanley, President of the Isle of Capri Civic
Page 7
MAY 24, 1988
Association, stated that he has decided not to oppose the construction
of the hotel ba~ed upon communication from R & L Development of
Ha:-co, Inc.
He stated that the communication that was sent to the
Coaais_ioners included the communication from R & L to the Isle of
Capri Civic Association.
He stated that they are still opposed to a
fast food restaurant or a drIve-in restaurant.
He noted that they ar~
also opposed to site development work with regards to constructing the
hotel, adding that he recognizes the use of this land in teems of
stoeing trucks and equipment with regards to widening SR-951 but they
ae~ not sure what effect this would have on the residents of the Isle
of Capr i .
furthee.
He noted that they would be willing to pursue this matter
Attoeney George V~ga, representing R & L, stated that Staff has
aade a
positive recommendation, adding that the change that Isle of
Capri residents wanted have been incorporated he has agreed not to do
any site work.
He stated that with regards to the equipment being
stored on the property, this is a separate matter and is not something
that is before the Board of County Commissioners at the present time.
~e stated that he is concerned solely with the zoning and is
requesting approval of this petition.
Mr. James V~nsel, Arrhitøct, st~tpd that the pntire site was one
of the development areas of the Marco Shores PUD that was approved in
,
1984, w~ding that,it was approved in Gonjunction with all State and
Fedeeal ageeements that ult imatP.ly ended up in deeding l5, 000 acre~.~.qf
Pag~ 8
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.. 114 'VJ. 249
MAY 24, 1988
aangeoves and submerged lands to the State in response for the State
approving the various ðreas for development.
He noted that the Isle
~' ._,
of Capri was a s~all area in that overall plan that was set aside for
a shopping center at that time and it included all the C-4 uses with
the exception of a hotel.
He noted that a restaurant with fast foods
is included in the present list of suitable businesses for this site,
adding that he has request~d that the zoning be changed for this site
to allow only up to a four-story, 150 room hotel.
He noted that in
front of the site, there would be an additional 200 seat maximum
eestaurant.
He indicated that there will also be a pumping station
a~d a te.porary sewage tr~atment plant.
He noted that they had origi-
nally ~roposed that the site be made available for a construction yard
operation and they have agreed to not do any clearing or site work
peior to the completion of SR-95l.
He stated that the onl¡ reason
that this language is still in the document is to accommodate the
environaental sequence in the original PUD; the tree surveys, the
designing of the site, the drainage, etc. so that this information
cou¡d be utilized by the contractor on SR-9S1 to prepare properly a
.
construction site area [or the heavy equipment in conformance with the
POD .
He noted that if the 3tate contractor preparing SR-951 is not
golng to have a construction yard for his equipment on the s:te, then
there is no need for any reference with regards to clearing and
filling in the amendment,
Co.mieeioner Pielor questioned if lðlks would be continued with
Page 9
HAY 24, 1988
the Isle of Capri Civic Assocation with regards to the tcuck etocage
acea, adding that it would be an asset to be able to use this area?
Hr. Vensel stated that it has been committed to the County that
this area will be made available for the trucks, but there has been no
discussion with regards to the size that is needed, adding that what-
ever is used would only be temporary and not permanent.
Co8aissioner Glass stated that this is a separate issue and what
þ
is to be cesolveð this date is the zoning matter.
County Attorney Cuyler stated that he would like to indicate that
he has discussed this matter with Staff and he does not find any
necessity to add any language regarding ~he heavy equipment to the
docu8en t .
~ape 12
He. George Keller stated that this proj£,ct wi 11 be an improvement
to the area and he is glad that the developer has beer. able to work
with the Civic Association.
He stated that any developer that plans
on building a 150 room hotel would not build a fast food restaurant in
fcont of it.
He stated that he hopes that the Board of County
C~issioner8 approves this petition.
Co8ai..ioner Pistor .oved, seconded by Commissioner Saunðers, to
010.. the public bearing.
Hr. Hanley stated that the zoning change is for the construction
of tho hotel and the pre3cnt zoning allowo for a faot food rcotaurant
and this is what the Civic Association is concerned about.
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MAY 24, 1988
Coa8issioner Saunders stated that the petitioner has the right at
thi~-tiae to build a fast food restaurant and it is not something
that the Board can change at this point.
County Attorney Cuyler stated that the Civic Association is
cefeccing to the develop~nt regulations which provides for a dl"ive-in
or fast food restaurant and the Board does have the right to put "Not
includin9 fast food restaurants" into the document if it so wishes.
He
noted that the adv~rtisement has been very broad on this matter.
Mr. Vega stated that he would not like to be caught in a legal
situation, adding that the restaurant that the petitioner is talking
about is not a fast food restaurant, but it could have a take-out or
drive-in window.
He noted that it is not envisioned that a typical
fast food restaurant like a Burger King or McDonald's be built there.
He stated that he does not want to have limitations put on this
restaucant, but it has been their direction all along to have a nice
cestaurant.
Mr. Vega spoke with the petitioner and noted that the petitioner
is willing to eliminate the term ~fast-!ood", adding that he wants to
be sure that they can have the restaurant with a take-out window if
they s,... desire.
Hr. Hanley stated that he is still concerned with the drive-in
aspect, adding that they do not want this kind of a restaurant.
He
stated that he wants a restaurant that would be appropriate and would
be an addition to the area, which would make the residents of Isle of
Page 11
MAY 24, 1988
Cape i happy.
OpoD call for the que.tion to clo.e the public hearing, the motion
carried anani80u.ly.
CO88d..ioner Saunders aoved, seconded by Coaai..ioner Pistor and
carried unaniaou.ly, that ae.olution 88-117 ..endinq Development Order
8"-3 and the Ordinance as nuabereJ and titled below be adopted subject
~o tbe incorporation of the changes in the letter received from a , L;
aubject to tbe Petitioner's Agre..ent;,and subject to the fast food
re.taurant a. defined in Section 8.11 being eliminated:
ORDIKUCE 88-48
AN ORDINANCE AMENDING ORDINANCE 84-42, THE MARCO SHORES PLAN~ED
UNIT DEVELOPMEHT, BY AMENDING THE INDEX: BY AMENDING SECTION 2.7,
FRACTIONALIZATION Of TRACTS, BY AMENDING CURRENT FRACTIONALIZATION
LANGUAGE; BY AMENDING SECTION 6, BUSINESS (MAP DESIGNATION
-BUSINESSM) UNIT 30, UNIT 24, ISLE Of CAPRI AND JOHN STEVENS CREEK
DEVELOPMENT AREAS, TO DELETE ISLE Of CAPRI; BY ADDING SECTION
6A, ISLE Of CAPRI COMMERCIAL DEVELOPMENT AREA; BY ADDING SECTION
68, ISLE Of CAPRI COMMfRCIAL DEVELOPMENT AREA DEVELOP~ŒNT
STIPULATIONS AND C~~ITMENTS; AMENDING SECTION l~.S.D.,
STIPULATIONS AND COMMITMENTS - TRAFfIC, BY ALLOWING SITE
DEVELOPMENT PRIOR TO THE fOUR-LANING Of SR-951; AND BY PROVIDING
AN EFFECT I VE DATE.
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MAY 24, 1988
J:~- 1683
ORDIDJICB 88-49 RE PDA-88-2C, VIRES' ASSOCIATES, INC., REPRESENTING
PARI: SHORB REQt1ESTIRO All AKElfDMEJrr TO PARK SHORE UNITS 2 AJID 5 PUD -
ADOP'l'ED SUBJECT TO PETITIORER' S AGREEMENT
Le9al notice having been published in the Naples Daily News on May
5, 1988, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition PDA-88-2C, filed
by Vines' Associates, Inc., representing Park Shore, requesting an
aaendaent to Park Shore Units 2 and 5 PUD document by amending Section
.
IV.b.l, set~acks - principal and accessory buildings, to allow admi-.
nistcative setback reductions for low-rise buildings; and IV.b.2, maxi-
~ density, to provide for density reduction if low-rise dwellings are
constcuc~~, for property located in Section 16, Township 49 South,
Range 25 East.
Planner Weeks stated that this is an amendment to the Pack Shore
Units 2 and 5 PUD specifically relating to Lot 2, Block 12, Park Shore
Unit 2.
He stated that the amendment is straight forward and is iden-
tical to a request th~t was made approximately a year ago for Lot 26.
He noted that this amendment will allow administrative setbac~ reduc-
lions if low-rise structures are built instead of high-rise structures
and will provide that any loss in density by building a low-cise struc-
lure cannot be transferred elsewhere within the development.
He
stated that the majority of the beachfront property at Park bhore has
been developed with high-rises and developing low-rises provides for a
break in the view and in this particular case, it would allow for the
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HAY 24, 1988
adjacent high-rises to enjoy the same view of the beach that it has
today as opposed to having another high-rise next to it.
He stated
thaL.the aaend~nt does not change the character of the PUD and there
are no changes in uses, lherefore"Sta!! has no objection to the
cequest.
I
He noted that this only relates to this specific lot and
Staff will still have to review the site development plan in an admi-
nistcative process to see exactly what is being proposed to be deve-
loped on site before it grants any reduction in the proposed setback.
He noted that Staff has made a site visit of the previous amendment to
see how the development looked and there was no objection to the way
that it fit in with the Eurroundi~g development.
He noted that the
cePe also unanimously recomm~nded this petition and ther~ has been no
public comment, but there was one letter objecting to any development
on the property.
CO8ai..ioner pi.tor 8oved, .econded by Coaai..loner Goodnight anð
carried unaniao~sly, that the public hearing be closeð.
coaai..ioner pi.tor 8oved, .econded by Commi.sioner GooGnight anð
carried unaniaously, that the OrdinAnce A8 numbered and titled below
be adopted .ubject to the Petitioger'. Agree.ent and entered into
Ordinance Book 80. 31:
ORDIKAlICE 88-49
AN ORDINANCE AMENDING ORDINANCE 78-29, THE PLANNED UNIT
DEVELOPMENT DOCUMENT fOR PARK SHORE UNITS 2 AND 5, BY AMENDING
SECTION IV.b.l., SllBACKS - PRINCIPAL AND ACCESSORY BUILDINGS; ^ND
IV.b.2., MAXIMUM O~NSITY; AND BY PROVIDING AN EFfECTIVE DATE.
Page 14
HAY 24, 1988
It- "84
ORDXXA8CB 88-50 RE PETITIO. R-87-31C, HEKO J. SPAGKA, REPRESERTING
DOll&älCO AJrD AJlGELA GADALETA, RE A REZONE FROM RMJ'-6 AJfI) A-2 TO PUD
KIlO.. AS GADALETA PUD 011 THE WEST SIDE OF U.S. 41, OLD TAJlIAMI TRAIL
AJrD 8OUTB OF BOIIITA BEACH ROAD - ADOPTED SUBJECT TO PETITIONER' S
AGREEXEJIT
Legal notice having be~n published in the Naples Daily News on
April 22, 1988, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition R-87-3lC,
filed by Seno J. Spðg~a, representing pomenico and Angela Gadaleta,
cequesting a rezone from RMF-6 and A-2 to PUD known as "Gadaleta" PUD
foe 88 8U1ti-family residential units for property located on the west
side of U.S. 41, Old Tamiami Trail and 1-3/4 mile south of Bonita
Beach Road in Section lO, Township 48 South, Range 25 East, consisting
of 17.28:t acres.
Planner Nadeau stated that lands to the north are within Lee
County and are zoned for Tourist Commercial uses; lands to the east
are zoned C-2: lands to the south are zoned A-2; and lands to the west
are zoned RMF-16.
He stat~d that to the north is mostly cleared
lands: to the east is undeveloped woodlands: and to the south and to
the west are undeveloped woodlands.
He indicated that the northern
portion of this proposed PUD was previously rezoned from A-2 to RMF-6
for 61 .ulti-family units, but as a condition of approval for that
re~onín9, thp petitionpr a9rp~d to providp 10\ of thos~ units as
affordable housing under the Comprehensive Plan that was in effect at
. I
that til8e.
He stated that as a condition of this rezoning approval,
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.. 114,.,...261
HAY 24, 1988
Staff would also request that this stipulation still be included to
pcovide 1°' of the dwelling units in the northern part as affordable
housing.
~-
He noted that the petitioner has agreed to this.
He stated
that the southern portion of the property is agri~ultura1ly zon~d and
has a density of 4 dwelling units per acre and by adding 27 units to
the lower parcel and with th~ 6l previously approved units, it will
consist ~f 88 approved dwelling units for this PUD on 17.28 acres.
He
noted that Staff has no obje~tion to this request and is recommending
appcoval based upon the surrounding zoning and with the recomm~nded
conditions and mitigation measures, adding that all appcopriate agen-
cies ceviewed this petition and 'have no objections to its approval
subject to the amendment of the PUD document to incorporate the stipu-
lations recommended by Sl~f(.
He noted thðt the CCPe recommended
appcoval unanimously subject to Staff's stipulation~ and the stipula-
tion th~t permission for the proposed roðd to run through the FP&L
ease.ent to the west shall be obtained from fP&L in writing and pro-
vided to the County at the time of site development plan approval.
He
noted that there was no public comment regarding this petition and no
correspondence has been received, therefore, the recommendation is for
approval.
Or. Neno Spagna, representing the Pctitio~er, stated that he
agcees to comply with all the requirements of the petition, adding
that with regards to providing 10\ of the units as affordable housing,
the petitioner would like to have the flexibility of being able to
Page 16
MAY 24, 1988
build these units any place on the site.
He stated that with this
clarification, he has no objections, noting that the petitioner is
on~y asking for 28 additional u~its and the reason for the PUD is to
put the two parcels together in order to better plan the access and
watec aanage.ent scheme.
Co8ai..ioner Saunder. .oyed, .econded by Commi.sioner Has.e and
carried unaniaou.ly, that the public hearing be closed.
Co8ai..ioner Saunders .oyed, seconded by commi.sioner Basse and
carried unaniaously, that the ordinance as numbered and titled below
be adopted and entered int~ ordinance Book No. 31, subject to amend-
..nt of the POD and the petitioner's agreeaent and that the 10% of the
affordable hou.ing units can be placed anyvh6re on the property:
ORDIKAJfCE 88-50
AN ORDINANCE AMÐIDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING
REGULATIONS fOR THE UtHNCORPROATED AREA Of COLLIER COUNTY,
FLORIDA, BY AMENDING THE OffICIAL ZONING ATLAS MAP NUMBER 48-25-2
BY CHANGING THE ZONING CLASSIfICATION Of THE HEREIN DESCRIBED
PROPERTY LOCATED ON THE WEST SIDE Of U.S. 41 OLD N. TAMIAMI TRAIL,
AND I 3/4 MILE SOUTH Of BONITA BEACH ROAD IN Sf:CTION 10, TOWNSHIP
48 SOUTH, RANGf. 25 EAST, 17.28+ ACRES fROM RMf"-6 AND A-2 TO PUD
KNOWN AS "GADALETA" PLANNED UNÏT DEVELOPMENT fOR 88 MULTI-fAMILY
RESIDENTIAL UNITS; AND BY PROVIDING fOR AN EfFECTIVE DATE.
. "',""
Page 17
!ðØ 114 fir.! 262
MAY 24, 1988
1:- "B5
ORD~ 88-51 RE PETITIOK ZO-88-1C, COMMUNITY DEVELOPKEXT DIVISION,
.. A8 ~~ TO ORDlXAKCE 82-2 SECTIOK 8.5, EXCEPTIO.S TO REQUIRED
~, BY ADDI.O A 1Œ1f St1PSECTIO. "t", MlHOR AFTER-TBE-FACT YARD
ZJIC1tOACJDψTS; AKD AMEJlDIKG SECTIOK 15, SCHEDULE OF FEES AJlt) CHARGES,
TO BCTABLISB A FEE FOR ALL AFTER-THE-FACT PETITIONS - ADOPTED.
MORATOUVK LIFTED
Legal notice having been published in the Naples Daily News on
April 21, 1988, as evidenced by Affidavit of Publication filed with
the Clerk, publIC hearing was opened to consider Petition ZO-88-1C,
filed by C~unity Development Divisiðn, representing the Board of
Countyeo..issioners, requesting an amendment to Ordinance 82-2 by
aDending Section 8.5, Exceptions to Required Yards, by adding a new
Subsection NfN, minor After-The-Fact Yard Encroachments; and amending
Section 15, Schedule of fees and Charges, to establish a fee for all
Aftec-The-Fact petitions.
Planner Weeks stated that this petition allows Staff to admi-
nistratively approve minor after-the-fact yard encroachments and
also to allow for an increase in the fees for all petitions submitted
after-the-fact, variances, rezones, provisional uses, etc.
He stated
that both these changes are a result of previous direction by the
Board of County Commissioners, adding that the proposed fees in both
cases were proposed by Staff and there was no specific formula for
this.
He indicated that It is not specifically to offset ad~inistra-
tive cost as is the case for other petitions.
,
He noted that the next
itea on the agenda is some~hat related to this item.
,"",':
Page 18
aoO( 114 Pi".~ 268
.. 114 W1. 269
MAY 24, 1988
County Attorney Cuyler stated that the fee does have a relation to
the a8OUnt of time that is spent to process it.
Planner Weeks stated that the BuildIng Code allows for a certain
. "
a80unt of construction to occur prior t~ the submittal of a spot sur-
vey, but this is done at the permit holder's risk, adding that the
developers do construct the walls and ö portion of the roof as well,
prior to the spot survey.
He noted that most of the encroachments are
being caught in early stages and in most cases, they are a matter of
inches .
He noted that the ordinance is very straight forward, either
8 setback is met or It is not and there is no provision for Sta¡C to
adainístrati\'~ly grant any type of encroachment waiver of the setback.
He stated that if there 1S any type of encroachment, Staff has to
bring a variance petition to the Board of County Commissioners.
He
noted that the only other option is for the builder to remove the
encroachaent.
He indicated that the problem Cor the permit holder is
that it takes between lO and 12 weeks for a variance to go through the
process and in the meantime, all development has to cease.
He noted
that the only exception is ¡f the petitioner comes before the Board of
County Commiøøionf'>rs ðnd rlC'qlJests thðt thf'>Y be gívE'n the right to con-
tinue construction wIth the understanding that the variance could be
denied at the time, it is presented to the Board.
He noted (hat most
of the encroachments could be avo1ded if there was a cushion of a few
inches, adding that if the setback is 25 feet, and 25 feet and a few
inches is allowed, Staff believes thdt this would avoid encroachment.
Page 19
MAY 24, 1988
He noted that if the amend~nt is approved, it will relieve the Board
and the CCPC of having to spend time reviewing these variance
requests and it would also give the permit holder the alternative of
having to go through this procedure, the expense and the time that
holds the construction up.
He indicated that this amendment would
also establish a fee which will discourage any type of intentional
errocs due to the expense and time.
He indicated that Staff feels
that one-half of a percent of the required setback with a minimum of
one inch is a minor encroachment, adding that this is a generally
accepted percentage of error in the profession of surveyors.
He noted
that a .ini.um of one Inch to a maximum of 4-1/2 inches would be
tolerated, adding that regardless of the measurement, there is always
going to be an instance where someone will go over the maximum.
He
noted that the CCPC recomlnended ðpproval of this and Staff has no
objections to it.
He reported that at the time that Staff was given
direction to proceed wíth this amendment, a moratorium was also
iaposed on all after-the-facl variances.
He stated that if this ordi-
nance is adopted, he would request that the moratorium be lifted.
coa.i..ioner pistor .oved, seconded by Commissioner Goodnight and
carried unanimously, that the public hearing be closed.
eo.aissioner pistor moved, seconded by Commissioner Goodnight and
carried unanimously, that the ordina~ce as numbered and titled belo~
. ,
be adopted and entered into Ordinance Book No. 31 and that the mora-
toriua on atter-the-tact variances be lifted:
", ':
Page 20
HI( 114~.1 Z7O
.. 114w;.271
MAY 24, 1988
ORDIKAJ8CE 88-51
AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING
REGULATIONS fOP. THE UNWCORPORATED ,\PEA or COLLIER COUNTY, fLORIDA
BY AMENDING SECTION 8.5, EXCEPTIONS TO REQUIRED YARDS, BY ADDING A
NEW SUBSECTION 8.5.f, MINOR AfTER-THE-fACT YARD ENCROACHMENTS;
. ~DING Sf£TION 15, SCHEDULE OF fEES AND CHARGES, TO ESTABLISH A
FEE FOR ALL AfTER-THE-fACT PETITIONS; AND TO PROVIDE AN EffECTIVE
D'TE.
t'ape 13
It- 1686
RZSOLUTXO. 88-118 RE PETITIO. ZO-88-2C, COKKUKITY DEVELOPMENT
DIVX8IO., UPRESEKTIJfG 'l'BE sec REQUESTING AJf AKEJfDMEJrl' TO SCHEDULE OF
RES, APPUlulX A, IK ORDI.AJCCE 82-2 - ADOPTED
Legal notice having been published in the Naples Daily News on
Apcil 24, 1988, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition ZO-88-2C,
filed by Coøøunity Development Division, representing the Board of
County eo..issioners, requesting an amendment to schedule of Fees,
Appendix A, in the Collier County Zoning Ordinance 82-2.
Plannec Weeks stated that this is an amendment to the zoning ordi-
nance to adjust the fee schedule, adding that there are 6 different
changes to the fee schedule.
He noted that this amendment will
establish a doubling of the fee for all petitions submitted after-the-
fact, regardless of the petition type; will establish a 550.00 fee for
#
pcovisional use petitions submitted simuJtaneously with the rezone;
establish a separate fee for the zoning ordinance amendment petitions;
establish a fee for the PUD site plan review; establish a fee for
petitions to amend a site development plan or a PUD site pl~n; and
Page 21
MAY 24, 1988
will establish a fee for ~inor after-the-fact yard encroachment pet i-
tions.
He noted that all fees are subject to be waived by the Board
of County C~issioners.
He noted that Staff and CCPe cecommendation
is for approval.
Me. George Keller stated t!Jat he has an objection to establishing
a separate fee for zonin9 ordinance amendment petitions to be the same
fee as the rezoning petition which is 51,400, adding that a public
petition could be heard thi3 way and there would not be enough public
input with regards to makin9 zoning ordinance amendments.
C088issioner Glass stated that if a person comes in and questions
the Zoning Ordinance before the Board of County Commissioners, then
the Coa8ission would initIate that.
He noted that this is only if
Soaeone initiates an amendment to the Zoning Ordinance.
Co88i..ioner Pistor aoveð, .econded by Commi..ioner Goodnight anð
carried unaniaou.ly, that the public hearing be olosed.
Co88i..ioner pis tor aoved, seconded by Commissioner Saunders and
carried unaniaously, that Resolution 88-118 re Petition 30-88-2C,
filed by Coaaunity Developaent Division, representing the Board ot
County Co8ai..ioners requesting an amendment to Schedule of Pees,
Appendix A, in the Collier County Zoning Ordinance 82-2 be adopted.
""'.~
&ont 114 "Sf.~ 272
Page 22
HAY 24, 1988
It- 16Cl
RBSOLO7X08 88-119 R8 PETITIOK AV-aa-010, MARRIOTT AND MARRIOTT,
REQUEB'nJrG VACATIOK OF SIX FOOT SIDE EABEJŒ1IITS OK LOTS 26-30
1~8IVE, BLOCK 192, GOLDE1f GATE, UJfIT 6 - ADOPTED
Leçal notice having been publísh~d in th~ Napl~s Daily N~ws on May
8 and Hay 15, 1988, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
AV-83-010, filed by Marriott and Marriott, requesting vacation of the
six Coot side easements on Lots 26-30þinclusive, Block 192, Golden
Gate, Unit 6, so petitioner may build across interior side lot lines.
Public Works Administrator Archibald stated that the location
is in the northwest quadrant of the City off Coronado Parkway at the
cocnec of 54th Tercace and 24th Avenue.
He noted that the current
zoning is RHF-l2 and it involves side lot e~sements for 8 lots which
will allow the property owner the flexibility of the placement of
aulti-faaily units.
He stated that Staff has received the appropriate
-Letter. of No Objection" and is recommending approval.
Co88i..ioner Saunders aoved, seconded by Coaaiaaioner Piator and
carried unaniaously, that the p~lic hearing be closed.
Coaaissioner Saunders aoved, seconded by Coaaissioner Pistor and
carried unaniaoualy, that Resolution 88-119 re Petition AV-88-010,
Marriott and Harriott, requesting vacation ot the six foot side ease-
a.nt. on Lots 26-30 inclusive, Block 192, Golden Gate, Unit 6, so
petitioner aay build across interior side lot line. be adopted.
.~ .
aoO( 114 FAr,~ 276
Page 23
.'
t:
~
MAY 24, 1988
It- 160
RBB~LUTX08 88-120 RE PETITIO. AV-88-009, HALSEY F. SHERWOOD,
azaOEST18G ~TIOK OF SIX FOOT SIDE EASEKEØTS O. LOTS 1-4 INCLUSIVE,
BLOC1t 146, goLDn GATE, mC1T 2, SO PETITIOIfER MAY BUILD ACROSS
I~oa SIDE LOT LllfES - ADOPTED
Legal notice having been published in the Naples Daily News on May
8 and May IS, 1988, as evidenced by Affidavit of publication filed
with the Clerk, public hea(ing was opened to consider Petition
AV-88-009, filed by Halsey f. Sherwood. requesting vacation of the six
foot side easeøents on Lots 1-4 inclusive, Block 146, Golden Gate,
Uni t 2, so pet it ioner may bu ild across interior s ide lot lines.
Public Works Administrator Archibald stated that the location
is in the northwest quadrant of the City at the corner of Green Blvd.
and Sunshine Blvd.
He noted that the current zoning is RMF-12 and it
in~olve. side lot easements for 4 lots which will allow the property
owner the flexibility of the placement of multi-family units.
stated that Staff has received the appropriate "Letters of NO
He
Objection" and is reco~ending approval.
co.ai..ioner Saunders aoved, seconded by commissioner pistor and
carried unaniaously, that the public hea~ing be closed.
co.aissioner saunders aoved, seconded by commissioner pistor and
carried unaniaously, that Resolution 88-120 re Petition AV-øø-OO9,
Bal..y F. Sherwood, requesting vacation of the six foot side easements
on Lot. 1-4 inclu.ive, Block 146, Golden Gate, unit 2, so petitioner
aay build acro.s interior side lot lines be adopted and the ~lerk be
. "
autbori.ed to record the executed resolution.
Page 24
aGOC 114 FS'.~ 278
, .
MAY 24, 1988
I tell 110
RBSOLO7X~ .8-121 RE PETITION AV-SS-OOS, KALSEY P. SHERWOOD,
RZQOESTI8G VACATIOK or SIX rOOT SIDE EASEMENTS ON LOTS 1-9 INCLUSIVE,
BLOCK 65, GOLDE. GATE, UNIT 2, so PETITIOnER MAY BUILD ACROSS
I.~OR SIDE LOT LINES - ADOPTED
Legal notice having been published in the Naples Daily News on May
8 and Hay 15, 1988, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing wa~ opened to consider Petition
AV-88-008, filed by Halsey F. Sherwood, requesting vacation of the six
foot side ease~nts on Lots 1-9 inclusive, Block 65, Golden Gate,
Unit 2, so petitioner .ay build across interior side lot lines.
Public Works Administrator Archibald stated that the location is
18th Avenue and 41st Street.
He noted that the current zoning is
RKF-12 and it involves side lot easements for 9 lots which will allow
th~ property owner the flexibility of the placement of multi-family
units.
He stated that Staff has received the appropriate "Letters of
No Objection" and is recommending approval
Co88i.sioner Saunders aoved, seconded by co..issioner pistor and
carried unaniaou.ly, that the public hearing be clo.ed.
c088i.sioner Saunders aoved, seconded by coamissioner Pistor and
carried unaniaou.ly, that Resolution 8S-121 re Petition AV-8S-00S,
aal.., P. Sherwood, requesting vacation of the six foot side easements
OD Lot. 1-' inclusive, Block 65, Golden Oate, unit 2, so petitioner
..y build acro.. interior 8id. lot line8 be adopted and the Clerk be
authorised to record the executed re8olution.
,"" ,.
Page 25
eOGe 1141'S"! 280
-.
MAY 24, 1988
It- 16C4
R&8OLUTX~ 88-122 RE PETITIO" AV-88-012, CARL ANDERSON, REQUESTING
VACATI~ OF THE SIX FOOT SIDE EASEKEKTS ON LOTS 22 , 23, BLOCK 81,
QO:.DEJI GAR, UJfIT 3, RO PETITIOr.ER MAY BUILD ACROSS IIITERIOR LOT LINES
- ~PTED
Legal notice having been publ~shed in the Naples Daily News on May
S and May 15, 1988, as as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
AV-8S-012, filed by Carl Anderson, requesting vacation of the six foot
,
side ease.ents on lots 22 & 23, Block 81, Golden Gate, Unit 3, so
petitioner ~y build across interior lot lines.
Publi~ Works Administrator ArchibalJ stated that the location is
in
the southeast quadrant of the city, south of Golden Gate Parkway
an-:! vest of the go If course with the exact location being 24th Place
and 44th Street. He noted that this involves a lot and a half and
will pcovide flexibility In locating a multi-family unit on that lot
and a half by vacating the side lot easement.
He stated that the
zoninq on this prop~rty i~ RMF-l2.
He noted that he has received all
appropriate "Letters of No Objection" and is recommending approval.
co..js.ioner pi.tor .oved, s.conded by commissioner Goodnight and
carried unani.ously, that the public hearing be closed.
coaai..ioner Goodnight moved, seconded by Commissioner Pistor and
carried unaniaously, that Resolution 88-122 re Petition AV-8S-012,
filed by Carl Anderson, requesting vacation of the six toot side ease-
.eAt. on Lots 22 , 23, Block 81, Golden Gate, Unit 3, so petitioner
Page 26
eo )( 114 PI'.: 282
J )~
~
, .
'..
,,'
... 114m ~
MAY 24,1988
"Y bail4iDq across interior lot lines be adopted and the Clerk be
autborise4 to record the executed re.olution.
~'....
Page 27
MAY 24, 1988
It.. 16<:5
OItD!Ð8CB '8-52 U All ORDIIlAJlCE RELATING TO THE PROTECTIOK 01' ADULT
AJQ) D'!'CJILIJIG SEA TURTLES THAT REST 011 COLLIER COtnn'Y BDCJŒS -
ADO P'1'BD '
Legal notice having been published in the Naples D~ily News on May
5, 1988, as evidenced by Affldavit of Publication filed with the
Clerk, public hearing was op~ned to consider a proposed ordinance
relating to the protection of adult and hatchling sea turtles that
nest on Collier County beaches.
Natucal Resources Management Director Proffitt stated that this
proposed ordinance is to protect the sea turtles and was dicected by
the Boacd some time ago.
He noted tha t the Jea tur tIe, ca lled the
l09gerhead (Caretta care~ta), is a globally endangered species and has
a significant nesting population in southwestern florida.
He noted
that the feaale turtles crawl onto the beaches at night from May
through August and lay between 80-120 eggs about 2 feet deep and after
about 45-60 days the eggs hatch, depending on the temperature in the
sand.
He noted that the entire nesting season runs from the ~irst of
May to the end of October.
He noted that during their lifetime, they
are vulnerable to negative lmpacts caused by humans.
He noted that
the nesting adults can be affected by excessive beachfront lighting or
noisy activities.
He noted that if ~hey are driven away fro~ a number
,
of nesting sites by noisy activltles, this makes the female turtle
expend unnecessary .mergy that lS needed dur ing nesting.
,... .
He indicðted
that the reduction of beach as a result of seawalls and excessive ero-
Page 20
SOG( 114 ~~ 286
'-""
.. 114 fP. 287
sion ceduces nesting beach habitat for turtles.
MAY 24, 1988
He stated that hatch-
lings can be affected by vehicles on the beach that drive over the
nests and crushes the cavity and then kills the eggs.
He staled that
....
one of the biggest problems is beachfront lighting which will deter
the hatchlin9s from going to the ocean once they emerge fcom the sand,
adding that they go toward the bright light source.
He noted that
they look for the brightest area and if there arc no beachfront lights
or they are shielded, then the brightest thing they see is the ocean
and they will crawl for that.
He indicated that last summer there
were between 300 and 600 turtle nests in th~ County which equates to
about 22,000 to 72,000 hatchlings.
He noted that the major nesting
aceas are Key IslanJ, Wiggins Pass-Clam Pass area and every portion of
the County that has a beach that can be nested upon is a nesting site.
He noted when they nest they need beach area because they have to get
above the high tide water line so that the eggs will not die from
excess water or get washed out by ð storm.
Dc. Pcoffitt gave a slide presentation showing the turtles nesting
ani the hatchlings being born, noting that the biggest problem that
tho.County has is the beachfront lighting-
He indicated that FP&L
#
will be happy to shield the lights in the areas where it is needed,
which can save a lot of sea turtles.
He noted that he has held public
workshops and everyone seems to be willing to work with the County in
trying to protect the sea turtles.
He noted that he has booklets with
instcuctions and directions with regards to shieldlng lights or
Page 29
MAY 24, 1988
tucning lights off a certain hour between certain months.
He indi-
ca'.ed that he would be work ing wi th the people that have beachfront
lighting to resolve the problems.
He noted that people will be given
ti8e to cO8ply with the ordinance and he will work with them.
The following people sp~ke in favor of the propos~d ordinance and
including the City of Naples into the ordinance, citing the need to
protect the turtleo and to ailow them to use the beaches for their
nesting:
'l'ape . 4
Dr. John Steiger, Natural Resources Manager for City of Naples
Ed Higgins, Park Manager of Delnor Wiggins Pass State Park
Ron Mezich, Supervisor of the Conservancy's Sea Turtle Project
Macjorie Ward, President of Delnor Wiggins Park, Inc.
Hr. Edward Clumsky stated that he does not know what this proposed
ordinance will do to his life on the beach.
He noted that about 7 or
8 yeacs ago, burglars entered his home from the seaward side and about
2 years after that, burglars entered his home again and tied him and
his wife up and held them at gun point for hours.
He stated that after
that, he had a light installed on the seaward side and the landward
side of the house, adding that since then he has never been bothered.
He stated that he would like to protect the turtles, but he also wants
his own protection.
Dr. Proffitt stated that the lights can still be used, but there
needs to be shielding installed over 'the lights,
adding that it will
not affect the lights that shine on the house only the lights that
..- .
'* 114 fA'.! 288
Page 30
'!
.. 114 w~ 289
"
HAY 24, 1988
sh~ne on the beach.
He slaled that the lights that are shielded on
the seaward side will still give protection.
CO88i..ioner pistor aoved, ceconded by Commissioner Goodnight and
carried unaniaously, that the public hearing be closed.
c---is.ion8r pistor .~v8d, seconded by commissioner Goodnight and
carried unaniaously, that the ordinance as numbered and titled below
be adopted and entered into Ordinance Book Ro. 31:
ORDINANCE 88-52
AN ORDINANCE RELATING TO THE PROTECTION Of SEA TURTLES; PROVIDING
FOR PURPOSE; PROVIDING FOR DEfINITIONS; PROVIDING fOR NEW
DEVEúOPMENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR EXISTING
DEVEúOPMENT; PROVIDIUG FOR PUBLIC OWNED LIGHTING; DECLARING
UNLAWFUL TO KILL, MOLEST OR INJURE SEA TURTLES; PROVIDING (-'OR
CONSTRUCTION DURal{; Nf.STIHG SEASOt~; PROVIDING fOR PERMITS AND
fEES; PROVIDItJG fOR PF:HALTIES fOR VIOLATION; RESORT TO OTHER
REMEDIES; PROVIDING FOR CONfLICT AND SEVERABILITY; AND PROVIDING
AN EfFECTIVE DATE.
... Recess: 10:45 A.M. - Reconvened: 11:00 A.M. at which time
Deputy Clerk Bottaan replaced Deputy Clerk Kenyon ...
...
It- 'SA
JOSBPB TORRES REPRESENTING MIKOS!:: THRDITUS RE BUILDIKG PERK1T FOR
180811.8 BOllE - STAn TO COØTACT POWER COMPANY TO HAVE POWER BOOKED UP
Attorney Joseph Torres representing the Thremitus family, stated
that his clients have lived in a tiny hobble, 12' x 20', for the pðst
four years.
He noted thðt in September of 1987, his clients went to
the Building Department and advised of their intentions to p~.!rchase a
8Obile home, and had made arrangements to have the trailer placed on a
lot in lmmokolee.
lie ot.Jtcd th.Jt hiD cliento, 00 per the inatruction:J
Page 31
MAY 24, 1988
of the Buildin9 Inspector, obtained a le9al description of the pro-
perty, 50 that he could determine as to whether this was a permitted
use.
He indicated that a map of the subject property was drawn by the
Building Inspector, and he advised the Thremitus family of the requirc-
.ents regarding electric, water/sewer, and a survey.
He stated that
hiÐ clien~s contracted with florida pow~r and Light to provide a pole,
a plU8ber to provide water to the trailer and tied into the sewer.
All requíreøents had been met, however, when the Thremitus' provided
the sucvey to the Building Inspector, the question came up that there
was an existing fra~d .shðck" on the subject prop~rty.
Hr. Torres
stated that the frontage of subject property is 75' and according to
current zoning regulations, 60' frontage for each unit is required.
He noted that subsequent to the Building Inspector discovering that
there was another structure on the property, he instructed FP&L to
tucn off the power, and Issued a violation to the Thremitus family.
Mr. Torres stated that he is requesting a remedy that will allow
his clients to move into their mobile home, and is su9gesting that a
teøpocacy variance be granted for a two year period, which would allow
the. tiae to look for another site for their trailer, and give them an
opportunity to save money so they could make this move.
C088issioner Goodnight stated that when this family went to the
Zoninq Dopartmcnt with thc survcy of the property, Staff was not aware
of the fact that the existing shack ~as present.
, .
CO88i..ioner Saunders moved, seconded by commissioner pistor and
Page 32
,00« 114 ",,\200
... 114 fP. 291
KAY 24, 1988
carried unaniaously, that staff be directed to contact the power com-
pany tbroDqb Mr. Torres' office, for power hook up for a period of two
y.ars, which will give the Thr..itu. family tiDe to look for another
þ -
si~. for their trailer.
I~- ,.8
IMMOKALEB FaI£KDSHIP HaeSE REROVATION OF TEMPORARY EMERGENCY SHELTERS
- BOKELZSS FAMILIES - STAFF TO WORK WITH FRIENDSHIP HOUSE AND COME
BACK TO 8CC WITH REOOKKE.oATIONS
"r. Dave ~nting representing the Immokalee friendship House
stated that this is a non-profit organization which was created a year
8go to provide temporary shelter in Immokalee for those without
housing, while they receive referral assistance to "get back on their
feet-.
He indicated that in January, their Board bought property with
two buildings on it, at an ideal location in Immokalee.
"c. Orlando Lima, Dire~tor, Immokalee friendship House, stated thõt
the need for a shelter for the homeless in Immokalee is reality.
He
advised that based on HP~ statistics, the image of the homeless as
-drunks. or "mentally Ill", is gone.
He indicated that there is a
unique eth~ic mixture In the Immokalee area, many affected by the
ho8eless problem.
'rape .,
Reverend Bill Gaines, Pastor of friendship Baptist Church, advised
that he was not in the Jmmokalee very long before he saw the many
needs of that area.
~e ~tated that his church purchased a house in
I.-okalee 2; years ago, and established a home for abused women and
Page 33
-"
MAY 24, 1988
children, alon9 with a program to help them recover from their trauma-
tic experiences.
He stated that during the past 2+ years, 7,400
nights of shelter have be~n provided to 160 fan,ilies, adding that
there is no let up.
He noted that one of the highest ~riorities he
has had, is a .inistry similar to th~ Immokalee friendship House.
He
advised that the intent of the shelter, is to provide overnight refuge
with CO8Passion and support services for 20 single men and three fami-
lies, totaling 40 ~rsons maximum.
He stated that single men will
.
have a stay of three nights, with a possible extension of one week,
after they are evaluated and have gone through consultation.
The
faailíea will have a stay of one week, with a possible extension of
two weeks, after evaluation and consultation.
He indicated that the
I.-okalee friendship House will provide a l'ght meals, showers,
g~idance from qualified staff to locate permanent housing and job
referrals.
He noted that temporary shelter will also be provided for
those that have been left homeless, due to tragedies, such as fires.
Reverend Caines advIsed that the Immokalee friendship House Board
has pcovided the down payment for subject property and his church is
currently making the monthly payments, noting that the two existing
buildings ap. in need of renovations and additions need to be
accO8Plished before opening the facility.
He advised that the desire
is to open the facility by the end of t:1is sun,mer.
He indicated that
the cost for renovations and additiorts is estimated to be $90,000,
,
adding that he is requesting that the Board of County Commi~3ioners
Page 34
aoQ( 114 ~(.~ 292
~
.. 114~293
HAY 24, 1988
cons idee helping the Immokalee friendship House meet this need.
Co.aissioner Saunders stated that these types of cequests are the
8OSt~difficult that come before the Commisnion, adding that it sounds
nice to say that the Aoard of County Commissioners has the power to
distribute 8Oney to whatever organizations they choose to, but unfor-
tunately, he added, it is not that simple, noting that there are tax-
payees' dollars involved, and the County must account to the taxpayers
as to what the 8Oney is on.
He advised that a committee has been
established to assist with the homeless situation in Collier County.
He suggested that the Immokalee Friendship House get in touch with the
CO88ittee, adding that they will be coming back to the Board within
t~~ next couple of months with their recommendations.
Co.aissioner Goodnight stated that she would like to see Staff
look at this request as o~e of the outside agencies requesting
funding, and have Mr. O'Donnell make recommendations regarding the 1%
which has been allocated for this type of agency.
Coaaissioner Pistor noted that he agrees with the comments that
have been made, but his concern is that these funds are being
.
requested within the next couple ~onths
In response to Commissioner Goodnight, Mr. Enting stated that
lheic needs are immedlate, adding that the goal is to be operational
before the season begins in the Fall, and if the Commission could see
thelc way clear to provide partial support, he would be most appre-
ciative.
Page 35
MAY 24, 1988
CO88issioner GoOdnight aoved, .econded by comai.sioner saunders
anð carried unaniaou.ly, that staff be in8tructed to work with
Fri8n48bip Bouse and coae back to the Board of County co..i.sioners
witb. reC0888ndation for the budget proce8s.
It- 17M
R&8OLUTX~ 80.88-123, PETITIO. FDPO-88-1, ROØTO DEVELOPKBNT
azoUU"fiJIG VARIAJICE FROM MIJCIMIDt BASE FLOOD ELEVATIOIf FOR "ROYAL MARCO
PO 1ft" - ADO PnD
Legal notice having been published in the Naples Daily News on May
8, 1988, as evidenced by ^ffidavit of publication filed with the
Cleek, public hearing was opened to consider Petition FOPO-88-IC,
requesting a 6.5 foot reduction from the flood Insurance Rate Map
(FIRM) 13' NGVD requirement to 6.5 feet NGVD, to build a swimming pool
ba~h on land located north of Hideaway Beach known as the unrecorded
Royal Marco Point Subdivision.
Planner McDaniel noted that the letter from FEMA, dated February
16, 1984, states that permission may be given to grant these varian-
ces, because of conflict with the State Handicapped Code.
that Staff is recommending approval of subject petition.
He stated
co.ais.ioner Saunders 8oved, seconded by commissioner Goodnight
and carried unaniaously, that the public hearing be closed.
CO88i.sioner Saunders 8oved, seconded by Co..is.ioner Basse and
carried unaniaou.ly, that petition FDPO-88-1 be approved and
Resolution 88-123 be adopted.
. "",~
Page 36
uoc 114 ~ 294
MAY 24, 1988
It.- t7A2
aaaoLU710.8O. 88-124, PETITIO. V-ee-5, APPLE COøSTRUCTIOIC CO., INC.,
1t.8YRUønJIG IOWRAD HARMOnlL RE<2tn:STIICG VARIAl'CES PROM UQUlRED
FROft n.RD SZTBACJt AT THE COJUrER OF FIJI COURT AJfD TREASURE COURT,
MARCO I 8 LAJß) - ADO PT E D
Le9al notice having been published in the Naples Daily News on May
8, 1988, as evidenced by Affidavit of publication filed with the
Clerk, public hearing was opened to consider Petition V-88-5, filed by
Konrad Mayerhofer, represented by S_anley V. Nichards, Apple
Construction Company, Inc., r~questing variances from the required
fcont yard setback of 25 feet to 24 feét, 9 inches and 24 feet, 3
inches, in a RSF-4 zone, located on the northeast corner of Fiji Court
and Treasure Court, approximately 300 feet west of South Heathwood
Drive (Marco Island).
Planner Scheff indicated tha~ subject petition is a request to
allow
an existing single-family residence to remain at its present
location.
He stated that in July, 1987, the Petitioner was granted a
per.it to build a house on subject property, noting that during the
construction proce3s, the ~~titioner found that the house was
encroaching into the front yard setbacks on Fiji Court and Treasure
Court.
He noted that the Petitioner claims that the encroachment
occucred due to an error by the engineering firm when it located the
house's corners, prior to start of construction.
He advised that per
the action of the Board, the Petitioner was allowed to finish
co.pleting the house and receive a Certificate of Occupancy, at his
. ,... ~
Page 37
aoo( 114 py,l 298
,
-,..
.. 114 WJ. 299
HAY 24, 1988
own cisk, adding that the Certificate of Occupancy was issued without
a survey, pending approval of subject variance request.
Mr. Scheff stated that Engineering Staff has reviewed subject
petition and offers no objection to'approval, however, planning Staff
does not find that a land or structure related hardship exists.
He
advised that the CCPC reviewed subject petition on May 5, 1988, and is
focwarding sa~ with a recommendation of approval (5/1).
He indicated
that the petition will be subject to -after-the-fact- variance fees.
CO88is.ioner Goodnight aoved, seconðed by commissioner Hasse anð
carried unaniaously, that the public hearing be closed.
Co88issioner pistor aoved, seconded by comaissioner Goodnight and
carried unaniaously, that Petition V-88-5, Resolution Mo. 88-124, be
adopte4 .
Page 38
'-'
MAY 24, 1988
..... Race..: 11:50 A.M. - Reconvened: 1:30 P.M. at wbicb
tiae Deputy Clerk Kenyon replac~d Deputy Clerk Hoff.an ****
It- I1B1
PftITIO1I P1)-88-1C, CARBOK L. CAJUŒR, REPRESEØTllfG FLORIDA DEPT. OF
'fRAJIBPORTATIO., RE PROVISIONAL USE "bit OF 8.10 ESSENTIAL SERVICES FOR
A Guv81UU1£nAL FACILITY OK 64TH STREET, S.W. - CONTlKUED SIX MONTHS
Planner Scheff 9tate~ that this is a request for a government
facility in a residential area to be used by the fOOT, adding that
this property is bordered to the east by 64th Street S.W. and to the
west by 1-75, approximately 3/4 mile north of Golden Gate Parkway,
containing 1.098 acres.
He nated that' the subject property is
co8pletely surrounded by lands zoned Estates; lands to the north are
undeveloped woodlands and single family residential; lands to the east
encoapass right-of-way of 1-75; lands to the south are single-family
cesidential; and lands to the west across 64th Street S.W. are single-
fa.íly residential.
He stated that the propo~~d request is in
cOtlPl iance with the Comprehensive Plan, adding that the petitioner would
like to be able to use a single house as a governmental facility. He
noted that it would be a construction field off ice for the FDúT. He
stated that this house was purchased in 1978 along with the right-of-
way (or 1-75.
He indicated that the house had to be purchased because
it extended 22 feet into the limited acc~ss right-of-way.
He stated
that in 1979 it was used as ð field construction office and then in
1980 the inside of the house WñS repaired and the grounds were cleane~
and since then, the property has been maintained.
t
He stated that the
,... .
Page 39
aooc 114 f".~ 302
~ll4m~
MAY 24, 1988
petitioner would like to continue to use the house as its base opera-
tion for all future construction in Collier County.
He indicated that
Staff has reviewed this petition and has no objection to its approval,
adding tha~ the CCPe held their public hearing and recommendo denial
because il was fell that the proposed use is not compatible with the
general area and would ~ave negative effects upon neighboring proper-
tie~.
He noted that two people spoke against this petition, and 3
lettecs in favor have been received, but one letter in opposition ~as
ceceived with 17 signatures on it.
He noted that it is being recom-
aended that this petition be denied, but if it should be approved, it
should be contingent upon the petitioner complying with all the recom-
aended stipulations in the 3taff report.
Public Works Administrator Archibald stated that with regards to
tcaffic, the DOT operation is only for the inspection of new construc-
tion and has nothing to do with the maintenance facility, and as a
result the amount of traffic that is generated from this location is
relatively small.
He noted that the amount of trips is probably less
than 20 per day, adding that from a traffic standpoint, it does not
represent an adverse impact to 64th Street S.W.
,
Tape "
C088issioner Pistor qu~stíoncd why the toll booth area or the
aalntenance facilIty on Davis Blvd. could not be used, to which Mr.
Archibald stated that there is no room at the Davis Blvd. location for
this type of facility.
He noted that the building at the toll booth
Page 40
HAY 24, 1988
is also c~rcently occupied and it would have to be expanded to handle
this inspection facility.
C~issioner Hasse stated that this building has been used for 9
ye~es and it is about time that the area reverts back to a residential
area.
He noted that there are a number of houses in this area where
people are trying to raise their children and there should not be a
lot of trucks coming in and out of this area.
Me. Carson Carner, resident engine~r for DOT, ~tated that the
first that he learned there were any problems regarding this matter
was last September when a notice was put on the building.
He stated
that he has learned a lot about the situation in the last 45 days and
in the last week he has been contacting his district office and they
are trying to help resolve this matter.
He stated that they are
looking into a trailer that may be purchase~ through another right-of-
way acquisition in the Tampa area.
He noted that if they can obtain
the tcailer, it could be moved to the toll booth area, but it is going
to be about six months before all this will be accomplished.
He
apoloqized for any inconvenience that he has caused, and requested
that he be allowed six months to find additional quarters, adding that
if he can move out of this area before the 6 months is up, he will be
glad to.
Co..issioner Pistor questioned if there is a trailer on site that
the DOT could use, to Whl~h County M~nager Dorrill stated that there
I
is not a trailer available.
."","
Page 41
aoo. 114~..~ 304
.. 114m305
HAY 24, 1988
C088issioner Goodnight stated that there is a trailer at the fair-
grounds that is not being used for anything.
. County Manager Dorrill stated that he would follow up on this
.atter.
Co88i..ioner Saunders aoveð, seconded by Commissioner Pistor, that
~hi. aatter be con~inued tor six aonths to qive DOT time to relocate
and ~hen bring the aatter back to the Board, but in the meantime, the
CoaD~y --Dager can try to obtain a trailer for thea.
Me. Keller question~d what is going to happen to the building that
is out there now, to whICh Mr. Carner stated that it will be put out
foe bid and then it wIll be either torn down, moved or demolished.
Mr. Th0.4s Aquino, resident of 64th St. S.W., stated that the 6
.onth tiae li.it is agreeable, but he would request that the DOT
not use coad prisoners to maintain the grounds as this is a safety
hazard to the children.
Mr. Carner stated that the day that this happened he was called
about it and within two hours the matter was resolved and those road
pcisoners will not be back again.
Upon call for the question, the aotion carried unanimously.
It- 1782
RBBOLOTIO. 88-125 RE PETITION PU-88-4C, KENO J. SPAGKA, REPRESENTING
G~ALZ BIBLE MISSION, REQUESTING PROVISIONAL USE "A" OF TH~ RMF-6
80.1110 DI8TRICT FOR A CUURCH AND RELATED PERMITTED USES, OM TUE: SOUTH
SIDE OF WEST KAIK STREET WEST OF WHITE WAY IN IKKOKALEE - ADOPTED
SUBJECT TO PETITIONER'S AGREEMENT
Planner Nadeau stated that this is a request for Provisional Use
-A- of the RHf-6 to allow the construction and operation of a 300 seat
Page 42
MAY 24, 1988
chucch.
He noted that lands to the north are zoned RMF-6 and C-4;
la~ds to the east are zoned are RMF-6; lands to the south and west are
zoned RMF-6 and lands to th~ west have a provisional use for a church.
He noted that there í3 a citrus grove to the north across West Main
Street: a single-family residential neighborhood to the east; and all
reaaining surrounding lands are undeveloped woodlands.
He stated that
due to the fact that this proposcd site is ncarby to a single-family
cesidential neighborhood, Staff recommended a buffer be applied to the
east and west boundaries but, at the CCPC meeting, this was mitigated
down to the eastern edge of the property due to the fact that the
adjoining property to the west has parking abutting this property and
therefore, having both parking lots adjacent to each other would
essentially end up with a 10 foot landscape buffer.
He noted that the
ocdinance requires a 5 foot buffer strip with a 3 foot hedge and
putting both of these together would mean a 10 foot buffer strip with
2 three foot hedges.
He stated that based on the recent approval of
the adjacent church site and with the recommended mitigation measures,
Staff has no objection to this request and is recommending approval.
He noted that all appropriate agencies have reviewed this request anè
have no objection to its approval subject to the stipulations con-
tained in the petitioner's agreement.
He noted that the CCPC ðlso
recO88ended approval and there has been no public comment or
correspondence received.
,
Coaaissioner Goodnight stated that she thought that quite some
,." .
&OOC 114 fY.~ 306
Page 43
.. 114 WI. 307
MAY 24, 1988
tiae ago that property was designated as Seminole land because the
Se.inole village was built in the area and in 1982 when there was
discussion about the parks, it was mentioned that this land should be
included as part of the park to preserve the land.
Dc. Neno Spagna, representing the petitioner, stated that he is
not faailiar with this property being designated as a Seminole village
as the Roberts own this property presently and the Glendale Bible
Mission has an agreement to purchase it.
He noted that he would check
into the .atter to be sur~ that there is no problem with the la~d.
CØ88issioner Basse .oved, seconded by co..issioner Saunders and
carried unaniaously, that Resolution 88-125 re Petition PU-88-4C, be
adopted .ubject to the Petitioner's Aqreeaent.
PagE' 44
HAY 24, 1988
It- t8B
AFPEAL U ftJtKI8TIO. OF BUILDI!lG PERHIT FOR GOLD DOMB BAJf1t AS OWNERS
OP SBA~TCB COWDOMIKIUM PROJECT, GULFSHORE DRIVE - REQUEST DENIED AND
PROJECI' COJIBIDERED ABAKDOJlED
County Attorney Cuyl~r stated that this item is listed under public
petitions and is a littl~ differ~nt than the a~erage public petition
in that the petitioner has a right under the Building Code as amended
by Collier County, to ask for this hearing.
He stated that the basis
of the hearing is that the petitioner pas been notified by the
building official that the County considers their 1981 building permit
as null and void at this tIme as a result of abandonment or suspension
of the project and the ordInance provides that within 15 days after
receipt of the decisIon, the contractor or owner may appeal the dcci-
sion of the building offIcIal to the Board of County Commissioners by
reque5ting a hearing.
He noted that the contractor or the owner shall
have the burden of establIshing that the project has not been aban-
doned or suspended and then the Board of County Commissioners shall
reverse the decision of the building official.
Building Director Magri stated that this is a 27 unit condo known
as Seawatch which is on Gulf Shore Drive In the vicinity of Connor's
Vanderbilt Beach Estates.
He noted that february 27, 1988, the presi-
dent of Meadowbrook Construction requested an inspecticn of
pilings, adding that he informed Mr. Mooney, who is the presldent of
Meadowbrook Construction, that the building ordinance requires a 60%
co.pletion of constru~tlon. which would be considered average for Lhc
Page 45
&OO( 1141'1';£ 314
.. 114 tV;. 315
MAY 24, 1988
irdustry in a six month ~riod.
He indicated that due to the time
period that was left of approximately 7 or 8 days to complete the
wor~ the per.it would probably be terminated.
He stated that he
infocaed Hr. Mooney that he could appeal the termination of the permit
, I
by providing a schedule that was re~sonable for completion of the
construction and then ap~aring before the Board of County
Co_issioners.
He reported that the improveme~ts on the property con-
slat of SO8e pilings In the ground, four pile caps, one grade beam and
about 9 colullU1s.
He Indicated that Permit '81-5606 was issued in
1981.
He reported that the first pile cap inspection was in 1984.
~ape ,.
County Attorney Cuyler stated that the prior system was that as
long as the work was continued and there was at least one inspection
every 6 8Onths, then the County considered the permit to still be in
effect.
He noted that about a year ago, the Board of County
eo..issioners decided that there were a lot of older outstanding per-
aits that were not beIng pursued actively, and an amendment to the
code was passed that allowed for some criteria and also provide cer-
tain criteria.
Coø.issioner Saunders questioned if there is any vested rights
under the old ordinance, to which County Attorney Cuyler replied nega-
tively, adding that they are before the Board of County Commissioners
based on their desire to invoke this provision as an appeal provision
and convince the Board of County Commissioners that they have not
Page 46
MAY 24, 1988
abandoned their project.
Mr. Magri stated that a schedule has been provided for completion
of the job that appears to be reasonable and acceptable.
He stated
tha~ according to the schedule it will take about 16 months to
coaplete the project.
Co..issioner Pistor questioned if other people have been turned
down because of the same situation, to which ~r. Magri replied affir-
.atively.
C088issioner Saunders stated that the schedule of completion is
totally irrelevant, adding that the issue is whether the project was
abandoned or not.
Hr. Stephen Thompson, representing Gold Dome Bank, owners of the
property, stated that theï have not and do not intend to abandon their
work on the Vanderbilt B~ach project, adding that it has taken longer
to cO8plete this development than was anticipated.
He noted that this
is the final building of a four-building development, adding thdt the
first three buildings have been completed and are occupied.
He noted
that it has taken 3 or 4 years to complete these buildings and one of
the problems that the owner had was that this was never approved as a
unified site plan, addIng that separate building permits w~re
obtained for each buildIng, but it is part of an overall integrated
dcyclop8Cnt.
He noted that the marina and doeko are in, the swimmIng
pool is in and all he is asking for is the building permit to complete
the last building and swImming pool.
He stated thQt they have been.,
Page 47
&OO( 114 Pi'.!. 316
... 114 '1'l317
MAY 24, 1988
sitting on this building permit since 1981 as they have been very
a~tive in the planning, development, ~onstruction, and macketing of
thi~,entir~ project.
He noted that they have spent thousands of
dollars for planning, engineering, architectural and actual construc-
I ,
tion costs and all costs were expenBed by Gold Dome based upon their
reliance of the Collier County building permit.
He indicated that the
bank was never notified of the new Ordinance 87-19 and if they had
been notified, they would have complied with the ordinance and there
would not have been a need for him to appear before the Board of
COunty C0.8issioners this dale.
He stated that when he was made aware
of this 8ðtter, he met with Mr. Magri to explain their position and
find out how to get the permit reinstated.
He stated that it is clear
that the purpose of the ordinance is to encourage the completion of
previously approved prO)ect5 and to achieve the intent of this ordi-
nance he has worked with Mr. Magri to adopt a mutually acceptable
construction schedule for the last building, adding that the schedule
was approved by Mr. Magri and the bank has agreed to the conditions of
the reinstatement of the building permit to the schedule.
H~ noted
that if the building permit is not reinstated, it will not be economi-
cally feasible for the bank to develop this buIlding, adding that the
developsent on Vanderbilt Beach has made a positive impact and contri-
bution to the community.
He noted that they would like to complete
this project as was originally planned and approved.
Coø.issioner Saunders questioned what site work has been done,
Page 48
o.
-"'-
"
MAY 24, 1988
when was the last site work done, and how much has been expended on
that site work with regards to the particular building in question?
Mr. Thoapson stated that there are footers and wall supports in.
County Manager ~rrill stated that there has not been any work
done since 1984.
In answer to Comøissioner Saunders, Mr. Thompson stated that the
planning and architectural design was done in 1983.
Hr. Magri stated that from 1984 to the present time, there have
been about 6 inspections cons:stíng of'pile caps, temporary pole, an~
gcade beal8S.
C088issioner Pistor 3tated that he would like to see a new
building per.it applied for and pay the necessary fees.
Hr. Thoøpson stated that since 1981, there has been a new zoning
ocdinance which has down-zoned the property and they would have to
build less units, which would be economically unfeasible to develop.
cO88is.ioner Saunðera .oyed, .econded by commi..ioner Piator and
carried unaniaously, that the request of the petitioner be denied anð
ba8ed on tbe te.tiaony of Building Director Maqri the project is
d...84 t.o be abandoned.
It- lac
KARK GLASGCW REPRESENTING ADVANCED K-9 SYSTEMS RE AN AFTER-THE-FACT
VARIAØCE - TEMPORARY CO GRANTED POR A MOBILE HOKE AND AFTER-THE-PACT
~AØCB TO BE APPL(ED POR WITHIN TWO WEEKS
Hr. Mark Glasgow stated that he owns A~vanced K-g System, Inc. anù
is asking that the Board of County Commissioners consider an efter-
.- .
Page 49
&00< 114 Pi'.l318
... 114 pV).319
HAY 24, 1988
the-fact variance to allow the current placement of a temporary mobile
hoøe and office on a five acre tract.
He stated that the subject pro-
pecty was surveyed by ð local engineering firm, which included the
place.ent of corner stakes for all,structures and the (inal building
I
inspections on the mobile home tie-down were completed and a spot sur-
veyocdercd.
He stated that the survey showed an encroachment of 1.4
feet into the required 30 foot side setback required by the current
zoning ordinance.
Coaaissioner Saunders stated that the moratorium was lifted early
this date on afler-the-(act variance applications and questioned if
this is what Hr. Glasgow IS asking for, to which County Attorney
Cuylec replied affirmatively.
He noted tha~ the moratorium has been
lifted as of this date which means that he can submit an after-the-
fact variance petition.
CO8Øissioner Glass stated that this is the proper zoning for this
propecty, but the problem is now the petitioner needs a "CO" to live
in the aobile home.
Co8ais8ioner Saun4ers .oved, secon4ed by commis8ioner pistor an4
carried unaniaously, that a te.po~ary "CO" be granted for the mobile
hoae and that an atter-the-fact variance be applied for within two
weeks with the understan4ing that if the variance is denied when it
coaes before the Boar4 ot county commissioners, the aobile bome will
hay. t.o be aove4.
Page 50
MAY 24, 1988
It.. lID
8TUF DIUC'I'BD TO LOOK INTO SQUARE FOOTAGE REQOIREJŒJrrS AHD BRINGING
BOIŒ8 UP TO CODES lø GOLDER GATE ESTATES AJfD REPORT BACK TO '1'BB BCC
Mr. Richard Braun, represe~ting the Golden Gate ^rea Taxpayers
Association, stated that there is no master plan for Golden Gate and
Colden Gate Estates and because of this for the past 8 years, there
has been old ho.es brought into the Estates that are not being brought
up to code.
He stated th~t he would request that Staff look into this
and coac back with a recommendation.
He noted that he would also
.
cequest that the square foota1e on a home be raised from 1,000 squaré
feet to 1,100 square feet with a one car attached garage and in the
event the party builds a home without a garage, he would request that
the Staff look into minimum square footage of 1,250 square feet.
st~ted that these are small homes compared to the acreage.
He
C088issioner Pistor stated that over the years many people have
built s.aller homes and then when,they could afford it, they would add
on later.
He noted that if a requirement of a minimum of 1,250 squ~re
is initiated, it is going to be difficul~ for some people.
Mr. Braun stated that he is simply asking Staff to look into this
bccaU8o thoro is no master plan available for tho area.
eoaaissloner Saunders moved, seconded by Commissioner Basse and
carrieð unanlaously, that Statt be directed to look into this matter
and report back to the Board of County Commissioners.
C088íssioner Goodnight stated that she has had a lot of people
'... .
Page 51
&00( 114 w.~ 320
~ ll4m321
HAY 24, 1988
. .
calling her on this matter as it will be a real hardship for them,
adding that she does not have any problem with Staff checking into
this--.'
It.. faF
DOKALD PICKWORTH REPR. MARITIME VENTURE I REQUESTING WATER CONNECTION
TO GOODLAKD WATER DISTRIC7 - CONTINUED TO JUNE 7, 1988
^ltorney Donald Pickworth, representing Maritime Venture, a part-
nership that has purcha5~d the property which is the old marina site
that is perl of the Deltona project.
He stated that the property is
within the Marco Water and Sewer District, but it is adjacent to the
boundaries of the Goodland Water District.
He stated that the Marco
Water Sewer District does not supply potabl.. water at that p&rticular
place nor is there any intention for that district to provide service
thece.
He stated that this is outside lhe franchise of the De1tona
Utilities and there is no other serving jurisdiction to provide water.
He stated that the prop~rty is on Route 92 and on one boundary of the
district is the property.
He noted that he is asking that an
a9ree.ent be entered into between the developer and the two districts
involved.
He noted that his proposal is that they would be a cust'Jmr,
of the district and in addition to that, Maritime Venture is willing
to pay 546,580 toward their share of the assessment for this district.
Tape "
Hr. Pickworth noted that they would make this payment over a l5
year period at the same interest rate that the other assessments are
Page 52
MAY 24, 1988
payable at, adding that the only other thing involved in this, is t~at
the bonds on this project were issued by the Farmers Home
Ad.inistration and he would have to submit this to them for th~ir
approval.
He noted that he does not see any problem with this.
He
noted that the only oth~r change on the agreement that has been
supplied is that the Utilities Division and the County Attorney's
office feels that ratter than use the word assessment, it should be
called a contribution in aid of construction.
þ
C088issioner Pistor stated that he would prefer to see the
$46,580 paid up front, but if it is not financially feasible, maybe
his client would consider paYing this in two payments; one now and one
6 ~'ears frOta now.
Hr. Pickworth stated that because this is a revenue generating
pcoject, his client would like to make the payments in installations
aftec revenue has been generated, but he would be willing to pay it in
two installments as indicated by Commissioner Pistor.
Utilities Administrator Crandall stated that he is not opposed to
the plan that is being proposed with regards to the payment s~hedule,
but he is not opening the public hearing to credit that payment back
to the assessment district, adding that this money will be used for
the operation of Goodland Water District and will eventually offset
any Increases.
Hc. Elhanon Combs stated that he is against this project hooking
up to the District because there have been other people that have
801)( 114 Pl':~ 322
Page S3
.. 114 PV.( 323
MAY 24, 1988
wanted to hook up to it that are right next to the district and they
have been told that they could not because they are not in the
dis.tJ ict.
He stated that he did not know who Maritime Venture& were
and they had a hard time finding o~t, but when they re~lized what the
situation was, they did not have ti~ for the people in Goodland to
8ðke acrangeaents to ~ here today.
C~issioner Pislor stated that this will save the people of
Good 1 and aoney.
He noled that he was not aware of anyone else that
wanted to hook into the Goodland system and there should not De any
reason why they cannot.
Me. Coøbs stated that they do not want this project in Good1and as
they do not want high-rlscs, and he would like the people of Good1and
to be able to have a chan~e to express their opinions.
Hr. Pickworth indiçðt~d that this project has already been
approved and is part of the settlement with Deltona to which the
County was also a part of.
C088issioner Glass stated that this is simply a water issue that
is being resolved this date and has nothing to do with the actual pro-
ject.
Co..issioner Saunders slaled thal he would like to have staff
input with terms of the agre~ment and a water analysis.
C088iasioner Baase moveð, seconðeð by Commissioner Pistor anð
carried unanimously, that this item be continued to June 7,1988.
It- f8G
PERMIT FEE WAIVED FOR VETERANS OF FOREIGN WARB, POST 8089 TO BOLD A
BEEF AØD PORK B~RBECUE ON KAY 29, 1988
Page 54
MAY 24, 1988
Co88i..ioDer Saunders .oved, seconded by comai.sioner Ba.se and
c~ried UD.Di~usly, that the tee be waived for the VFW Beet and Pork
Barbecue OD Kay 29,1988.
It.. "Al
paoVI81OBAL USE FOR AX EMS SUBSTATIOø TO TEMPORARILY LOCATE AT THE
ORAJrGE nEE PLAZA OR PIn RIDGE ROAD TO BE FAST-TRACDD - APPROVED
Co88i.sioner Saunders .oved, seconded by Commis.ioner Goodnight
and carried unaniaously, that the requ~st to fast-track a provisional
use for an EK8 Substation to temporarily locate at the orange Tree
Plaza on piDe Ridge Road be approved.
It.. ,'A2
PBTITX~ MP-88-4C, LELY DEVELOPMENT CORPORATION, REQUESTING A FRONT
8~røACK REDUCTIOK IK LELY BAREFOOT BEACH COFDOKIKIOK POD - APPROVED
Wlft A 10' SETBACK ON ANGUILLA LAJfE AND A SETBACK ON LELY BEACH BLVD.
CO"SIST£øT WITH OTHER SETBACItS ON SAID BLVD.
Acting Community Development Administrator Olliff stated that this
is the Lely Condo setback item that has been before the BCC pre-
viously, adding that this is to resolve the County's beach parking lot
in the Lely Development at the north end of the County.
He noted that
the setback reduction is to the south of the county parking lot and t~
the nocth of the Villas of Barefoot Beach.
He stated that it is a
ceduction of 60' down to 10' in order to accommodate some drainage
cequireaents for the county's parking lot.
He noted that there is
also another setback problem, which is on Lely Beach Blvd.
He noted
that it was not included on this MP petition but shoulò have been,
adding that this is not a required advertised petition, therefore,
Page 55
aoOtt 114w.t324
... 114 w.r. 325
MAY 24, 1988
the BCC could also include this.
He stated that his ceconunendation is
that this setback be consistent with the rest of the setbacks on Lely
Beach Blvd.
He noted that after this is completed, the County is to
receive a deed for the parking lot.and a deed for the easement.
County Attorney Cuyler stated that this petition is being reviewed
on its own ~rits even though it does happen to coincide with other
things that the County is doing.
CO88ls.ioner Saunðers 8oved, seconded by commissioner Goodnight
au4 carried unaDiaously, that Petition KP-88-4C, Lely Development
~rporation, requesting a tront setback reduction in Lely Baretoot
Beach COndoainiua PUD be approved with a 10' setback on Anguilla Lane
and a setback on Lely Beach Blvd. consistent with the other setbacks
on said Blvd.
...
Deputy Clerk Boltaan replaced Deputy Clerk Kenyon at 3:00 P.K.
...
It.. "A)
ADVER%ISIKG REQUIREMENT WAIVED FOR SHELL WESTERN SEISMIC TESTING
PE~7 - APPROVED
Acting Community Development Administrator Olliff stated that the
#
(ast-tracked process of the Shell Western Seismic Testing Permit which
could not bq mql bqfore th~ Rðard of Cðunty Commissioners breaks fo.
vacation, is the advertising requirement for the Planning Commission.
I~ noted that request is being made to waive the advertising require-
.ents.
Page 56
MAY 24, 1988
County Attorney Cuyler advised that notice requirements regarding
zoning are often constru~d very strictly.
U,",- stat,",-d that if the time
fca8es which have been set in the Ordinance, are reduced, and in the
event the County is challeng~d, there is the possibility that the
Courts could construe those time periods closely if reduced from 15
days to 10 days, etc., adding that 15 days is the requirement, and if
anything less, Hie terms of the Ordinance have not been met.
~ssioner Goodnight .oved, .econðed by Commissioner Saunders
and carried unaniaously, that the adve~tising requir..ents for the
cepe be 1-educed.
It- 1981
RESOLOTYO. RO. 88-126, AWARDING CERTIFICATE OF PUBLIC CORVENIENCE AND
IŒCESSIn TO BEACH CLUB OF KARCO HOTEL - ADOPTED
Public Works Administrator Archibald stated that the application
for Certificate of Public Convenience and Necessity for the Beach Club
of Harco Hotel, for operation of a limo service, was reviewed by the
PVAC on December 4, 1987.
He noted that the PVAC and Staff are recom-
8ending approval of subj,",-ct Certificate.
There beinq no reqistered speakers, Commissioner Goodnight moveð,
eecoDde4 by Coamissioner Pistor and carried unaniaously, to close the
public hearing.
Coaaissioner Pistor moveð, s.condeð by Commissioner Gooðnight and
carried unaniaously, that Resolution No. 88-126, avarðing Ce~tificate
of Public Convenience and Necessity to the Beach Club of Marco Hotel
be adopted.
.,' .
Page 57
aGo. 114 Pl-:~ 326
.. U4"'1329
MAY 24, 1988
It. ".2
RZ8OLUT7~ 80.88-12;, REVOKIKO CERTIFICATES OF PUBLIC COøvzNIENCE AND
~ssln FROM FLORIDA ADVENTURE TOURS AND CHARTERS, INC., VETERANS
CAB CO., IJIC. AJfD SNYDER' S TAXI - ADOPTED
Public Works AdminIstrator Archibald indicated that baseå on
existi"9 Ordinance No. 86-4, which specifies that licenses can be
cevoked if the operations are inactive for a period of thirty days, or
a transfer of ownership occurs, a Resolution has been prepared to
address the revocation of three Certificate8 a8 follows:
Florida
Adventuce Tours' Charters, Inc., Veterans Cab Co., Inc. and Snyder's
Taxi.
Ybere being no registered speakers, CO8r.issioner Goodnight moved,
.econded by Coaaissioner Pistor and carried unanimously, to close the
public aaearinq.
Co88i..ioner Goodniqht 8oved, seconded by Coaais.ioner Saunders
aDd carried unaniaou.ly, that Resolution Ro. 88-127, revoking
Certificates of Public Convenience and Recessity from Florida
AdYenture Tour. and Charters, Inc., Veterans Cab Co., Inc. and
Snyder'. Taxi, be adopted.
Page 58
... 114 rJ{J. 331
HAY 24, 1988
It- 'lU
BUDGET AKZM~~8 88-287-289, - ^DOPTED
-Co8aissioner Goodnight aoved, seconded by Commissioner Pistor and
carried unaniaou81y, that budget aaendaent8 88-287-289 be adopted.
It- '12'
DI3CU88108 OF KBTU FOR REKOURISRKEXT OF MARCO ISLAKD BEACHES - PUBLIC
JŒAJUJIG 8CBEDULED FOR Jt1IŒ 14, 1988
eoa.issioner Pistor advised that he has been requested by the
Marco Island Condominium Association to have a discussion regarding
the HSTU suggestion of setting a date for public hearing on June 14,
1988.
He noted that the Condominium Association is suggested that all
beachfcont properly owners from Caxambas Pass, up to and includjng
Hideaway Beach, will pay for the renourishm€nt of the beach, with a
bo~d issue, which will be paid off by the residents of the con-
d08iniuas at approximately 1.4 mills tax per year.
He stated that
this will require a referendum vote, which could take place on the
Noveaber ballot, if everything moves along smoothly.
He noted that
this does not mean that the fair share method of payment study will be
c..sod, nor does it moan that tho meetings rcgarding obtainin~ boach
access will be ceased.
Commissioner Pistor stated that from previous discussions, and
evecything he has read regarding beach renourishment, the cost would
be in the neighborhood of 6.5 million dollars, noting that the
Ordinance which was prepared, indicates ð maximum of 5 million
Page 59
.
,
,
MAY 24, 1988
dollacs, and he que&tioned if Mr. Blanchard could give an exp~anation
of where the extra l.5 million dollars is coming from?
7ape 110
County Attorney Cuyl~r advised that he learned this morning, that
the advertising requirements for this public hearing for June 14 can-
not be llet, noting that there is an extra holiday in May.
Mr. Frank Blanchard, citizen of Marco Island, responded to
C0m8issioner Pistor's inquiry regarding the 6.5 million dollars,
stated that this was an upper limit figure, estimated by Staff, but
the official engineering estimate prepared by Coastal Engineering, was
for 5.3 aillion dollars.
Hr
':ated that he feels that 5 million
dollars is an adequate amount.
He indicaterl that the ordina~ce pre-
paced talks about borrowing money, but it docs not say anything about
setting ai1lage rates at 1.4, adding that the numbecs do not compute
to 1.4, but more lik~ 1.1.
Attorney Don Pickworth, representing the Beachfront Prop~[ty
Owners, offered two sugg~stions regarding ~he public hearing: Set the
date for June 15, 1988, or declare that an emergency exists, and ado~.
it as an emergency ordinance.
County Attorney Cuyler stated that he has not signed off on the
ordinance prepared by Mr. Plckworth and submitted on behalf of the
Beach£ront Property Owners, noting that there are a couple of items
that he is still researching, i.e. double taxation.
,
CO8ai.sioner Saunders moved, seconðed by Commissioner Basse and
&00« 114 p .r.[ 332
Page 60
... U 4 WI. 333
MAY 24, 1988
carried unani~usly, that a public hearing be scheduled for June l4,
1988, cegarding the establishment of a new MSTU for cenourishrnent of
MarCo Island beaches.
Itea '128
BIJIN.-r AIœ)Um~ FOR THE CITY OF JlAPLES BEACH PARltIRO PROGRAM AND CLAM
P&88 PARK - $35,000 ~PPROVED
C088issioner Glass stated that he recently became aware of the
fact that the County had not paid the City for a portion of the money
due thea for the beach parking program.
Co8ai..ioner Pistor aoved, .econded by Coamissioner GoOdnight and
carried unaniaou.ly, that a budget ..endaent in the aaount of $35,000,
for the beach parking aqre..ent be approved.
***
The following ite.. were approved and/or adopted under the Consent
Agenda by aotion aade by Commissioner Goodnight, seconded by
CO8ais.ioner Pis tor and carried unanimously:
I~- t14A1
SA'!'ISFAC"I'IOII FOR LIER RE WESLEY EDGAR, LOT 1, BLOCK A, U1f1'1' 4, PALM
RIVER
See Page
.3~?L.
I~- t14A2
APPLICA'!'IOR FOR DtnfE RESTORATION AND REVEGETATION GRAlIT FRO)" THE FLORIDA
DBPAa'!'Iœ1n' OF JlATURAL RESOURCES
Revegetation is proposed for three County beach sites: l.) the
cecently acquired Lely Barefoot Beach parcel, (adjacent to
Delnoc-Wiggins Pass State Recreation ^re~); 2.) the County beach pro-
Page 6l
MAY 24, 1988
pecty at the north end of L~ly Barefoot B~ach, (adjacent to Lee
County); and 3.) the County's Vanderbilt Beach property.
It- 11481
MREElŒltrs FOR DEEDS 542 AND 544 I LAXE 'l'RAJ'J'ORD KE:MORIAL GARDENS
See Pages
..., ~-- ..3,L,
It- '14B2
BODGft ~S FOR ROAD IMPACT FEE Ft11fDS 712 AJID 718
It- '1483
ACCBPTAIICB OF COMPLETED CONSTROCTIOR OF SARTA BARBARA BLVD.
IJiPau'.....u::;IIrtS (RADIO RD. TO DAVIS BLVD.) AS COMPLETED BY APAC-FLnRIDA,
I»C. UXDER BID 86-914 AND RELEASE OF FINAL ~AYHENT
lteal14B4
RBSOLarIO. 88-128, RE NEED TO ESTABLISH THE PROPOSED 1-75 INTERCHANGE
AT GOLDER GATE PARKWAY AS A HIGH PRIORITY FOR FEDERAL FUXDING
See Pages
.ó 4 7 -3"c,P
It- 11485
LEASB AaREEXEtfT BETWEEN 'l'BE BOARD AND RICHMtD B. LAJlSDALE FOR OFFICE
SPACZ FOR EMERGENCY SERVICES ADMIXISTRATIOR
See Pages
-3 jL 7 - ..3$7
It- 114C1
SOCIAL SBRVlCES CASE MO. .-8844 AND .-11793
It- 114C2
BID fRFP 88-1225 AWARDED TO MAPLES VENDING
Legal notice having been published in the Naples Daily News on
I
Febcuacy 25, 1988; bids were received 'until 5:00 P.M Marct. 18, 1988
(or RFP 88-1225 for vending machines at County parks.
800( 114 F&':[ 334
Page 62
... 114 rv.~ 335
HAY 24, 198e
It- 11401
CDJIGB ORDERs ROS. 1 AJI1) 2 TO COtnrrY REGIONAL WATER TUATMB1fT PLANT
A8D WELLFIELD EXPAKSIO. FOR HARRY PEPPER AND ASSOCIATES, INC.
See Pages
.3 s-" - ...3 ~ ~
It- 11.402
PAYXarr or '1,026 ADOITIORAL FEES TO JOIDf A. KAnR ASSOCIATES,
vrIld!'IZS RATE CORSULTAJrr
It4III'1403
XX8GWOoo GAaDEXS - OR-SITE AKD OFF-SITE WATER AJI1) SEWER FACILITIES
ACCBnllJICB wIn S'lIPULATIO.
1.
The water facilities to serve Kin9wood Gardens cannot be
placed into serVice or water meters set until the facilities
ha~e been rebacterially cleared to the satisfaction of the
Utilities Operations Department.
Recorded in O.R. Book
1352
, Pages
1070-1086
It- '1404
2HZ BABITA'l AT HIDEAWAY BEACH - SEWER FACILITIES ACCEPTANCE
Recorded in O.R. Book
1352
, Pages
1087-1104
It- 114D5
AGRZEKE3T FOR PROFESSIONAL ENGINEERING SERVICES WITH BOLB, MONTES AND
ASSOCIATES, INC. FOR KASTER PLAN WATER PROJECTS NO. 427 AND 457
Davis Boulevard and County Bar Road Water Main Extension, Water
Mastec Plan Projects.
Not to exceed 561,000.
See Pages 3 Þ..5- - .19 7
¡tea114Bl
AO7BORIZATION OF DISTRIBUTION OF RFP'S FOR PURCHASE OF A TRUNKED RADIO
SYSTEM ABD ESTABLISHMENT OF SELECTION COHHITTEE
Page 63
Selection Co..iltee consisting of:
CO88Uni~ations ðnd Public Affairs
Radio Communications Consultant
Util i ties
Eaecgency Managcment
Purchasing
¡tea '14B1
CER'fIFICATES FOR CORREC'1"IOR TO THE 'lAX ROLLS
HAY 24, 1988
110.343
1976
1977
110. 443
1978
110. '15
1979
110. 693
1980
110. 633
1981
110. 642
1982
110. 70'
1983
110. 397
1984
110.269
1985
.0. 252
1986
110. 237
1987
Ro. 358
Dated 05/18/88
Dated 05/19/88
Dated 05/19/88
Dated 05/19/8.
')ated 05/19/88
Dated 05/19/88
Dated 05/19/8.
Dated OS/20/88
Dated OS/20/88
Dated OS/20/88
Dated 05/19/88
Dated OS/20/8S
.0. 1987-121
1'87 TAJtOIDLI: nasolfAL PROPERTY
It- '14112
I
BnJtA GAl. 'l'IKZ FQR IKKATE !fO. 55441 .
It:- 114.2
DatecS05/10/88
8A'1'18FACTIO" FOR LIE" RE PUBLIC DEFENDER CASE NO. 87-1491-CFA-HDH
'°0( 114 P&r,~ 336
Page 64
.. 114 ,v.~ 337
See Page
-37'R
HAY 24, 1988
Iteal14H
Jn8CBLLUœoU8 CORRESPOIIDEJICE ::rILED AJfD/OR REFERRED
The following correspondence was filed and/or referred to the
vacíous department as indicated below:
05/13/88 from Couglas L. Fry, Environmental
, enclosing short form application (File No.
which involv~s dredge and fill activities.
Neil Dorrill, George Archibald, Dr. Proffitt
Letter dated 05/09/8& from Tony D. McNeal, Engineer, Bureau
or Coastal Engineering and Regulation, DNR, regðcding
delinquent foundation location certification notice permit
File No. Co-llO, p~rmittee name: John F. Glaser, Jr. and
Frances G. Glaser. Referred to Tom Olliff, Dr. Proffitt
and filed.
3.
Permit No. A CO-171 for Gulf View Club, Inc., from DNR, to
construct aluminum fencing along the landward edge of
existing sidewalk. Referred to Neil Dorri11, Dr. Proffitt
and filed.
4.
Letter 8ated 05/06/88 from Robert L. Johnson, Director, Child
Support Enforcement, HRS, attaching State of Florida warrant
totaling 565, representing incentive payments for the first
quarter in Federal Fiscal Year 1987 on child support collec-
tions. Referred to Joe Warren with check. XC: filed.
'5.
Minutes - filed
6.
04/11/88 - Ochopee Fire Control District Advisory Committe~
04/28/88 - Marco Island Beach Renourishment Committee
05/05/88 - CCPC and 04/19 ^g~nda
03/02/88, 03/16,88, 03/23/88, 03/30/88 and 04/06/88 -
City of Naples
Letter dated 0-1/2')/88 from Michael McK. Wilson, Commissioner,
PSC, acknowle~glng letter from Chairman Glass regarding
House Bill 888. Referred to Ken Cuyler, Neil Dorrill, Tom
Crandall and filed.
7.
Order dated 05/09/88 from Twentieth Judicial Circuit, for
Board of County Commissioners to pay $418.34 for ceimbursement
Page 65
r I
MAY 24, 1988
of court costs for Case No. 87-87-3684-TM, State of FL,
Plantiff, V. Richard Lotze, Defendant. Referred to Clerk Jim
Giles and filed.
...
There being no further business for the Good of the County, the
8eeting was adjourned by Order of the Chair - Time: 3:25 P.M.
BOARD Of COUNTY COMMISSIONERS/
BOARD Of ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
. CONTROL
~~~~ 'G~~~ CLERK
.... . ." .
~)~~J. . 4-, ø~
",: ...
~. These .inut~ approved by the Board of County Commissioners
.' .\
on ~4 /1. /.t.J% as approved ~ or as cocrected
J/
C-,,¿,( ¿ ~
ARNOLD LEE GLASS, CHAIRMAN
- .
Page 66
aoO( 114 Pj':[ 338