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BCC Minutes 11/06/1986 S "--"'.""'"""'"''''~'~,"...,.,"" Naples, Florida, November 6, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:10 A.M. in SPECI~L SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members prr·sent: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: Anne Goodnight Frederick J. Voss Max A. Hasse C. C. "Red" Holland (Arrived: 9:20 A.M.) ALSO PRESENT: Maure;n Kenyon, Deputy Clerk; Donald B. Lusk, County Manager; Ken Cuyler, County Attorney; Ann McKim, Zoning Director; David Weeks and Bê\rbara Cacchione, Planners; Dave Pettrow, Communi ty Development Admin:.stra tor; Brand t Henningsen, Assistant Natural Resources Management Director; and William Lorenz, Environmental Science and Pollution Control Director. .. ~, ")<:;'~t· Page I ~oo~ 098 PASE 680 '. . I . . , I' . . . . ......--- ........_----~..,....._..".'"'"...,,>-" November 6, 1986 Tape '1 Itelll U PETITION DRI-85-lc ~ND R-86-14C, COLLIER DEVELOPMENT CORPORATION _ CONTINUED TO NOVEMBER 10, 1986 Zoning Director McKim stated that Staff and the Petitioner are requesting that this item be continued as the Collier County Planning Commission will hear it 0·, November 7, 1986, and the Petitioner would like it to be heard by the Board on November 10, 1986. Mr. Donald Pic/worth, Attorney, representing Collier Development Corporation, stated that he concurs with Staff. Commissioner Voss mov.!d, seconded by Commissioner Goodnight anð oarried 4/0, (Commiosione;: Holland not present at this time), that Petitions DRI-85-1C and R'-86-14C, Collier Development Corporation, be continued to November 10, 1986. _Itelll 12 D~LOPMENT ORDER 86-1 RE PETITION DRI-83-3C, ROSS MCINTOSH REPRESENTING IMMOKALEE ROAD P~RTNERSHIP ~ND GREG C~BINESS, FOR THE WOODL~DS - ~DOPTED WITH HODIFIC~TIONS Legal notice having been published in the Naples Daily News on September 5, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition DRI-83-3C, Ross MCIntosh, representircg lmmokalee Road Partnership and Greg Cabiness, for the Woodlan¿s project. Legal notice having been published in the Naples Daily News on October 6, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-83-26C. aOOK 09S PAr,r 682 Page 2 " . I ~ " I' . . . '" - -. -....... aDaK 098 pV·! 68a November 6, 1986 Zoning Director McKim stated that Petition R-03-26c is a companion petition to DRI-03-3C and will, therefore be handled together. She stated that Petition R-83-26C is requesting a rezone from A-2 and A-2 "ST" to PUD known as the Wo~dlands for 1,460 dwelling units, 15 acres of commercial, an IE-hole 9~lf course, an~ 91.4 acres of preservation areas, located on the north side of Immokalee Road, approximately 1.3 mile~ east of I-75 in Secti~n 21, Township 48 South, Range 26 East, con~isting of approximately 500.11 acres, as indicated on zoning map 48-26. She stated that lanjs to the north and east are zoned A-2 and A-J "ST"; lands to the sout" across Immokalee Road, are zoned A-2 and RO; and lands to the west a~e zoned A-2. She noted that the RQ zoning with provisional use for a ~estaurant, was approved by the Board on February 7, 1904. She indi';ated that surrounding lands are undeve- loped wi th farm fields to t:1e west and south and the subject property is designated as urban on t:1e future land use map and meets the necessary rating points for the proposed densit~ of 2.92 units per gross acre. She reported that the proposed project meets the points of the rating system for de:ermining availability of existing com- munity facilities and services required for residential rezones according to Section 14.6 0:: the Zo~ing Ordinance, adding that the project received 21 of the required 22 points. She indicated that the deficiencies are in fire se¡'vice and proximity to an elementary school, adding that Staff recommends that prior to the issuance of any building permits, a fire stntion serving this project must be Page 3 .. .. .. ~..",r."",",-~-. ~~ .........-.- .. ~ ,__._t' .."...: .. - .. Novembcr 6, 1986 operating within five mile:; of the project, which would give the pro- ject the one point that it is lacking. She noted that this require- ment has been incorporated into the PUD document. She stated that the Coral Reef Aquifer and it '~; protection is a concern and should be part of the considerations for Ðny land use decision for property in this area, adding that the Woodlands project lies in the Coral Reef Aquifer recharge area. She said that the professional opinion differs on the potential contamination of the aquifer by certain land uses, specifi- ca~ly commercial uses of wrich hazardous mat8rials are an integral part of the business, such as an automobile service station. She indicated that technology is available that provides safe use and storage of hazardous wastes and the water quality of the aquifer needs to be secure for many future genetations as this aquifer is predicted to be a major source of water for Collier County residents. She stated that the question arises concerning the actual guarantee of safe use and storage of haz3rdous materials in this area, not only today but for many years to come. She stated that in order to comply with the Comprehensive Plan, certain commercial uses were recommended to be deleted and in addition to those uses, Staff recommends that automobile service stations and dry cleaners be deleted as these are the two uses of th)se remaining of ·....hich hazardous materials are a major component of t'¡e business. She noted that these two uses are allowed in the! 70 acres of commercial which is not directly over the Coral Reef Aquifer but within 2 miles of the project, adding that the &OOK 098 P~r.l 684 Page 4 .r. tOOK 098 w.: 685 November 6, 1986 number and variety of the renaining commercial uses should be suf- ficient to make this a viabl~ project without the uses that ~re being recommended for deletion. S~e indicated that in addition to elimi- nating the commerciLl uses of which hdzardous materials are a major and significant component of the business, th~' recommendations of the EAc, WMAB and SWFRPC should 3ssure a very low probability of con- tamination of the aquifer. 3he noted that Staff and all county agen- cies reviewed this peti tion ,3nd have no objection to its approval subject to amendment of the ~UD document per the recommendations in the staff report dated September 25, 1986. She indicated that prior to the Planning Commission plJblic hearing, the Petitioner and Staff agreed to changes to the sta.~f report as outlined in the Executive Summary, adding that all amendments have been incorporated into the PUD. She indicated that the CCPC held their public hearing on October 2, 1986, and unanimously recommended forwarding this petition to the , Board for approval subject to staff recommendations as amended with additional changes that only the right-of-way along the eastern pro- perty line be required; the 75 foot strip along the entire western edge of the project plus 25 feet of setback area not be required; that the automobile service staticn be deleted; and that the Utilities' recommendations be mutually agreed upon prior to the Board of County Commissioners' meeting. ***** Recess: 9:30 ~.M. - Reconvened: 9:40 ~.M. ***** Planner Weeks stated that with regards to the deletion of the 75 Pag'Õ! 5 .. .. - -- .- '.' ._ . -'1"11 - .. .. .. November 6, 1986 foot strip of right-of-way along the western edge of the property and a 25 foot setback area, Staff was recommending that both rights-of-way be reseçved along the eastern and the western edge of the property because it was not certain if a future roadway could be built along the eastern edge as ~here is some concern about the ability to obtain the .necessary permits. Attorney George VarnadQe, representing the Petitioner, stated that the pßrklands project was required to set aßide 150 feet on the east~rn edge of their property, which would also make the most sense for the Woodlands project. Commissioner Pistor stated that if C.R. 951 is extended, there is not much sense in putting a road one mile west of C.R. 951. Mr. Varnadoe stated t.hat 'dth regards to access of other property owners, one parcel is O\o1.....~d b'l Mr. D' Ago,stino and Quail Creek is already served and the parklands has acceBS by the proposed road going into Lee County and Bonita Beach Road. He stated that there is no need for the road on the west side of the Woodlands project because of another proposed arterial in the same area. In answer to commissione~ Holland, Mr. Varnadoe stated that the proposed road on the east ali~ns with the road coming from Lee County. Planner Weeks stated that another concern had to do with whether or not to delete thp. automobile service station from the commercial area because of co~cern over the Coral Ree{ Aquifer. He stated that the other concern resarding the Utilities' recommendations have been Page 6 aO[lK 098 p~':r 686 am 098 "V·: 687 November 6, 1986 mutually agreed upon prior to this meeting and the language has been incorporated into the PUD d(lcument. Commissioner Pistor stat.ed that with regards to the service sta- tion, he has asked Staff to look at the this whole area and try to figure out a way to prevent any type of pòssible pollutant activity on top of the Coral Reef Aquifer, adding that he feels that positive con- sideratio~ sh~uld be given to adding something to the Comprehensive Plan and the Zoning Ordinance that prevents any type of operation that will pollute the aquifer. Planner Weeks stated that in conclusion-un the staff report for the rezúne, no correspondence has been received, the PUD document has been amended to incor.porate all changes and the service station is listed in the PUD document at this time. Community Development Administrator Pet trow stated that he will cover the DRI Development Order and as a result of the Region's recom- mendations there are changes that have been made and the applicant concurs with most of them. He indicated that the SWFRPC heard this project at their August 21, 1986, meeting and recommended approval subject to certain conditions that are outlined in their official recommendations. He noted that the issues were drainage and water quality; ene:qy; flood plain/hurricane evacuation; historical and archaeologic~l façtors; transportation; vegetation and wildlife; wetlands; consisten~y with the local Comprehensive Plan; and other general considerations. He ~oted that the recommendations under the Page 7 .. .. - .. .. - November 6, 1986 drainage and water quality irclude the standard recommendations as well as, the additional recomrrendations which are similar to ~AC's and WMAB's recommendations for protection of the Coral Reef Aquifer system. He stated that the recommendation for transportation is sup- por~ed by the Planning staff; however, of concern to staff is the inclusion of the segment of Bonita Beach Road from Old U.S. 41 to I-75 in the list of significantly impacted roadways. He noted that some of the changes necessitated in the Development Order with r.egards to Transportation are on Page 11, Section 5Al, where it states for pur- poses of this section, "significant impact" is defined as when the project traffic on any road segment/intersection equals or exceeds 5% of the Level of Service ~C" for said roadway segment/intersection on an annual average daily conaition, adding that the word daily is added. He stated that also under Section 5A2, under Immokalee Road, Woodlands main access road and County Road 951 has been added and the applicant agrees with this. He stated that on Page 12, Item 4, where it states (b) and (c), it should read (2) and (3). He noted that on Page 14 under Item 3 (i), it-should read "that portion of cR 846 bet- ween 1-75 and CR 951 exceeds Level of Service "CD on average annual daily condition". He stated that also on Page 14 under Item 4 (i) the word daily is :1gain added after average annual. He noted that on Page 15, there is apparent disagreement with th~ proposed changes which is under item (a) and refers to the Collier County five-year traffic improvement plan wt ich sh0uld read three year traffic improvement Page 8 &no!( 098 p~c'l688 aOOK 098 P)~~ 68.9 November 6, 1986 plan. Mr. Varnadoe stilted thilt the staff and petitioner agreed on the language that was original.,y proposed and a copy of the Transportation Section was sent to the Reqion to get comments and see if minor changes could be agreed upon to stop any ~ossible appeals. He stated that the changes made up to this point in time were ones that he agreed with, adding that they are mainly minor modifications plus the inaùvertent deletion of on,! rüad segment. lie stated that over the laet yeor and 0 holf transportation has been one of the most cüntro- vereial subjects in develo;)ment orders, adding that SWFRPC and DCA has appealed several developme:ìt orders issued by Collier County. He stated that they used the language that was approved for the Parklands and Vineyards as far as imJacts and mitigation and what happens if a road fell below Level of S'~rvice "C", adding that however, at the last minute he got a call from )CA stating that they wanted to make some changes in the Development Order. He stated that what they want to , change is troublesome to him, adding that there is normally a lag time between the recognition of any governmental body for the need to improve a road and the implementation of that improvement. He stated that a road segment is not usually worried about as long as the Level of Service is "C", but whe1 it falls below that level and there is a development that is underw3Y that is going to impact that ro~d, then as long as that ro,'d segme1t that is being impacted significantly by the development is on the :ransportation improvement program of the Page 9 - - - '.0__..____. .. - .. November 6, 1986 County; the five-year progr~m, and the improvements start within that five-year period and the le¡el of service does not fall below Level of Service "B", then developme~t can continue for that project in question because the propos.~d improvements are underway or i~. the pro- cess. He stated that if th,~ road segment was removed from the five year improvement program of the County, then there would be a deter- mination as to whether substantial deviation had occurred in regard to the DRI project in question as to whether there should be anymorc development orders or some other mitigated measures which should be taken and then an amended dE.velopment order would have to be issued. He stated that this was acc~ptable to the Region as far as the pa.'klands Development Order was concerned, but as of this time, the Region has indicated that it is no longer acceptable and they want to change the five years to three years and if any of the above- referenced things occur, that there be an immediate cessation of building permits, which he does not agree with, adding that there has been no official changes in laws and this is simply an opinion of one person and does not represent the whole Region. He stated that he is asking that the language be ~pproved as written and as has been approved in the past to maintain fajrness and equity in the DRI pro- jects that have been conside~ed and are being considered. Mr. Pettrow stated that Hith regards to other changes on Page 17 of the Development Order, ItI~m 8, Golden Gate Blvd. should be changed to read Vanderbilt Beach Road. He noted that the subject proþerty is aOOK 098 P~r,f 690 Page 10 aOOK 098 PI'.! 691 November 6, 1986 designated "s urban on the ~uture land URe map and meets the criteria for the proposed land use5 fInd therefore, the development compl ie5 with the Comprehens ve Plan. Tape t2 Attorney Varnadoe gave a þrief presentation regarding thc location of the property, indicating thðt therc will be 1,460 dwelling units, an 18 hole golf course and ~5 acres of commercial use, which gives a gross density of 2.92 units per acre. He stated that there is a major cypress flow way through th!! project which is being preserved and enhanced thnJugh water manac ement techniques as it has been stressed with too much water in the \let season and not enough water during the dry season, adding that it has melaleuca infestation at the present time. He stated that 30% of the project is being preserved. He noted that EAC visited the project. and unanimously recommended approval with stipulations, as well as thE! WMAB. He noted that the Subdivision Committee and the CCPC recommended approval also. He stated that the three issues that are outsténding on this project are whether a ser- vice station should be included in the land uses for the commercial area, whether rigrt-of-way E,hould be reserved on the west side of the property for an arterial rOfd as well as the east, and the transpor- tation section of the develc.pment order. Mr. Varnadoe stated that. with regards to the road on the east side of the property, for the first half mile there is an existing 30 foot right-of-way on the east side of th.e section line and there is an Page 11 .. - .. .. .. .. November 6, 1986 casement being vacated for SO feet, which will give 120 feet and from that point up, the petitioner has agreed that when access is needed to the development parcels, twc lanes of the road would be constructed. Mr. Stanle~ Hole of Hole, Montes & Associates, stated that this was an interesting project tecause of the impacts that Jevelopment has made on the entirE area. He gave a presentation on the past history regarding the slough that is on the property. He stated that they pave tried to provide the historic levels as well as the historic hydroperiods in order to re-establish the level that created this system originally. He stated that it will be a healthier system. He stated that this system is designed as a fill project, not as a dr~inage project. He stated tha~ the petitioner is being required to construct part of the ,~anal across a one mile stretch and to contr i- bute to the construction ,or the improvement of the canal that leads out from the project. Mr. Kevin Erwin, systems ecologist, stated that the surface water impacts of the surrounding land uses has been of major importance as this is what is on the Woodla~ds property at the present time. He noted that the change in surface water characteristics on the site has realized drastic changes in the plant and animal communities now found on the property. He stated that the changes in hydroperiod has brought in increas~d fire activities and with the fires, melaleuca infestation was not far behind, which goes from moderately significant to severe. He ind¡catcd that the property is a mixture of pine flat- aOOK 098 P~S¡ 692 Page 12 &OO~ 09Srv.¡ô93 November 6, 1986 woods scattered throughout the site, adding that the cypress areas are identified within tte preservation areas. He stated that there are a lot of transition zones on the property. He indicated that there was no heavy wildlife utilization of the site .except in the wettest por- tions of the tlow way and in some portions of the canal, but with the introduction of some lakes into the pro~erty with regulated water levels it will add a degree ~f diversified habitat which will be excellent habitat in the wetland edge for many birds that utilize the wetlðnd areas. Mr. Tom Missimer, project hydrologist, stated that he would like to discuss the aquifer systen at the surface, adding that in 1981, his firm was retained to evaluat~ the water resources of the Cocohatchee watershed from the coastal a,ea to an area approxi~ately 3 miles to the east of Bird Rookery Swa:np. He stated that during that investiga- tion, he located a productiv,~ aquifer in the s~allow subsurface extending from land surface:o depths of maximum 80 feet below sur- face. He noted th3t the study went on through 1983 and the last phase was to look very carefully a': productivity in terms of how much public water supply, water potential or amount of pumpage could be taken from there safely and what needed to be done to manage that resource. Tape 13 Mr. Missimer stated that it was coupled into two aspects; one was groundwater management anc1 the oth':!r was surface water management because of the excess amount of water coming into the basin. He Page 13 - - -- .. November 6, 1986 stated that the Coral Reef Acuifer begins near the east side of Interstate 75, which is the furthest western boundary, adding that it extends nort~ to Lee County ênd south across Immokalee Road. He stated that tl.e eastern bounéary has not been defined at this point. He stated that this aquifer is much more productive than any other aquifer in the area, adding that it contains two layers, one of sand and .one of limestone and the limestone is where the real productivity is in terms 0: water supply. He stated that a section was studied at the edge of the Quail Creek Development and going to the edge of the Mule Pen Quarry area on the north side of Immokalee Road. He noted that at one tilde the water budget was dependent upon rainfall and a certain amount of natural flow coming from Bird Rookery Swamp. He stated that evaporation and transpiration were the only factors that controlled the watcr budget iî that aquifer, adding that after Immokalee Road was built, thi5 altered the water budget to the south, and the drainage ditch then b0came the intercept for everything that flowed sou~h. He stated that the agricultural pumpôge presently contributes 80% of the value of rainfall in that area, in addition to the rainfall, adding that the site for the northern wellfield has not been designated bu: it will t)(~ in the general area of Immokalee Road. He noted that contamination or' groundwater pollution is a complicated subject, adding that there is a lut of naturally occuring chemicals and organics that occur in the system in high concentration, adding that when a wellfield is developed, the water is sent to a water Page 14 80a~ 0:98 P:"~ 694 - _Jb. , ~,I-\.r' .l.,n J'~,'¡.. . " . . ....,,¡- aOOK 098 Fr.: 695 November 6, 1986 treatment plant where it is treated to public health standards and then sent to the distribution system. He stated that residential-type development and golf courses do not add a lot of things to the system that do not a~ready occur there naturally. He stated that there is concern about servic~ stations and gas stations, adding that the important part in protecting ~he wellfield is that some radius around the wellfield be protected. H~ stated that Collier County iB going to n~ed to develop a wellfield prJtection ordinance in the near future. He stated that the State is ad)pting the "Gl" groundwater regulations that states that permits have to be obtained to do anything under designated aquifer areas. There was a general discussion regarding gasoline spills and how they are cleaned up. Mr. Missimer stated that the state has requirements for installing gasoli~e service tanks which have been greatly changed and improved over the years. ***.. Recess: 11:05 ~.M. - Reconvened~ 11:15 ~.M. **.*. Tape f4 In answer to Commissioner 'loss, Mr. Hole stated that the project would have a sewag~ plant until the County has a system available. Mr. Varnadoe stated that he would like to deal with the issue of whether a service station woul~ be ~llowed at the corner of Immokalee Road and the by-county corridor. He stated that there are more stringent regulations on these tanks and his concern is not that the County allow or not allow service stations in the Coral Reef Aquifer, but that the Board single out this developer because he is in for a Page 15 .. .. - .. .. .. November 6, 1986 DRI and rezoning. He stated that there is already commercial zoning out there and it would not prevent a gas station from being built. He stated that one of the stipu:.ations from EAC, in addition to the State rules and laws for gas stations, is that the facility for the storage and the location of the storilge of any of the chemicals that are con- tained on the EPA list of po:;sible toxic substances has to receive approval from the NRr~D and gélsol ine components are listed, therefore, that additional stipulation lIould have to be complied with. He stated th~t his proposed solution i:¡ that this be d~alt with on an area wide basis through a County ordinance that applies to everything within the area and not through the dev,?lopment order PUD process for the Woodlands. He stated that the owners are willing to have placed in the PUD that they would not attempt for a period of 24 months to pull any permits or sell any land ir, that commercial area for use as an automobile service station, IIhich should give the County time to address the issue. Brandt Henningsen, Assis1;ant Natural Resources Management Director, stated that his department is not in favor of the gas sta- tion, adding that they recomilend a conservation approach toward allowing the installation of these facilities, as there is a highly productive water f;upply in the area. Bill Lorenz, Environmental Science and Pollution Control Director, stated that if there is prop!!r management pf the materials in the area and extra protection, this is something that could be done. He Page 16 aOOK 098 PAGE 696 800K 098 PV.~ f)97 November 6, 1986 stated that if these options were included, he would not feel uncom- fortable with this petition. He indicated that the State of Florida under their new super act, addresses underground storage tanks and allows delegatio~ to l~cal allthorities for permitting and inspection of these types of f~(·ilities. adding that if the County wants to get involved with the permltLlng ~rocedures of DER, there is an oppor- tunity. Mr. Varnadoe stated that he has agreed that this 24-month period sti~ulation will be incorporilted into the PUD. He stated that with regards to the road issue, the petitioner has agreed to reserve 120 feat on the east side of the property to coñnect to the parklands and Staff has requested an addit~onal 75 feet on the west side of the pro- perty for a road which is not. shown on the Comprehensive Plan, and he is asking that this requ i rem(!nt not be imposed on the developer. Mr. Lyle Richardson, Citr Councilman, stated that the County has no plans to build '.:he road or. the west side, but they are asking that this space be reserved for the future need. Mr. Hole stated that the future arterial and subdivision plan road map shows a bi-county corridor that is picked up in Lee County and carried to the Bonita Beélch Road, adding that the Parklands has been required to provide a r;.ght-ot-way in Collier County and Lee County, and the Woodlands is also required to provide a right-of-way. He stated that th~ point that they are making is that it does not make a lot of sense to r~ve three major arterial roads within two miles. Page 17 - - .. - - .. November 6, 1986 Commissioner Voss stated that that it is not practical to have a road on the west side of the Woodlands because it would go through Quail Creek and the County could not afford to purchase that land, adding that the right-of-way cn the west border should be eliminated. Planner Cacchione stated that before the Park lands became a pro- ject, none of the three roads were there, adding that during the last amendment process, the Ccmprehensive Plan was amended. She stated that because of envirormental concerns, there was a concern thal the roadway on the western edge would not be able to go through the area and the Transportatic·n Planner requested a right-of-way reservation and a building lire setback of 75 feet. Mr. Varnadoe stated that I.here is a utility site in the southwest I corner and a golf course desiç¡n for the west side and to have a thought that in the future thE~re may be a major arterial road, does not fit with the plan. He stilted that a year ago, the Board decided that the proper alignment was on the east and the site plan was rede- signed to accommodate that and the issue should not come up after the Board has already decided on ~he matter. Commissioner HollAnd move'1, seconded by Commissioner Voss and oarried unanimously, that the request for the easelllent on the west side of the project be eliminated. Mr. Varnadoe staled that the last issue is the transportation one with the Region and the language on the mitigation. He stated that it was language that was agreed to by himself, Zoning Director McKim, and Page 18 eOOK 098 w.~ 698 ~ --. ~~o; 098 Þ&r.! 699 November 6, 1986 MPO Director Perry based on what the Region and State has accepted in the past, adding that there is now a request from a Staff member of the Regional Planning Council to change that five year recommendation to three years and he is recuesting that it be left as drafted with the minor modifications that Community Development Administrator pettrow changed. He stated that the proposed new rule from DCA Tape IS ~ddrcsses mitigation at five year increments. He stated that it often takes at least five years from the time the need is received to imçrove a road segment or to start construction on a new road. Commissioner Goodnight stated that if the County approves five years, then the Region can appeal it. Mr. Varnadoe stated that if the Region appeals it, he would receive some official word from them and, at this point, it is only one staff member's opinion. Commissioner Goodnight m,ved, seconded by Commissioner Holland and carried unanimously, that the time period u~der the transportation issue be left at f.ive years. Colonel Kutschera, owner of a 40 acre outparcel, stated that he intends to rezone this parcel and he objects to this proposal on the adverse impact it has on his property, particularly with respect to the access. He st;;ted that ':he plan as presented and the arbicrary a~cess read, which i9 being <1110cated, introduces property devaluation for him. He stated that thel"e has always been an easement of record Page 19 - .. - - .. - November 6, 1986 and he wishes to retain his right to pursue the potential use of the original easement. He stated that a reasonable solution would be to allow him use of the internal roads of the ~~odlands development and unless that is allowed, he will pursue the 0 iginal proposal. Mr. Varnadoe stat~d ~hat he has no objection to Colonel Kutschera pursuing the original easement. commissioner Holland lIIoved, seconded by Commissioner Goodnight and c~rried unanimously, that the public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Holland and carried unanimously, that Dev,lopment Order 86-1 re Petition PRI-83-3C, Ros~ McIntosh representing Immokalee Road Partnership and Greg Cabiness, for the Woodlaods be adopted with the minor changes indic~ted by staff as previously stated; with the elimination of the right-of-way on the west Bide of the property; and with the five year time period with regards to the transportation issue be left as five years. See P9ges 70d. - 7.;).5 ORDIN~CE 86-75 RE PETITION R-B3-26C, ROSS MCINTOSH REPRESENTING IMMOKALEE RO~D P~R~NERSHIP ~ND GREG c~BINESS, REQUESTING ~ REZONE FROM ~-2 ~ND ~-2 "ST" TO PUD FOR THE WOODLANDS ON THE NORTH SIDE OF IMMOKALEE RO~D, EAST OF 1-75 - ~DOPTED WITH MODIFIC~TIONS commissioner Goodnight moved, seconded by Commissioner Holland and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered in ordinance Book #25 with the stipulation that there will be noth;ng done with regards to a gas statiQn tor 2~ lIIonths dù previously agreed upon: Page 20 ðODK 09S p~c·r 700 &001( 098 p,r:[ 701 ()RDIN~cE 86-75 November 6, 1986 ~ ORDIN~CE AMEUDING OnDIN~CE 82-2 ''':~iE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ~REJ'. OF COLLIER COUNTY, FLORID~ BY AMENDING THE ZONING ~TLAS ~ ? NUMBER 48-26 BY CHANGING THE ZONING CL~ßSIFIC~TION OF THE HEREIN DESCRIBED RE~L PROPERTY FROM ~-2 AND ~-2 "ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN ~S THg WOODL~NDS FOR 1460 DWELLING UNITS, 15 ~CRES OF cOMMERcI~L USES, ~N 18 HOLE GOLF COURSE, ~ND ~PPROXI~TELY 9) ~cRES OF PRESERV~TIO« ~REAS, FOR PROPERTY LOCATED ON THE NORTH SIPE OF IMMOKALEE RO~D, ~PPROXI~TELY 1.3 MILES E~ST OF I-75 IN· SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, + 500.11 ~CRES; ~D PROVIDING ~ EFFECTIVE DATE. *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:07 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNnER ITS CONTROL ATTEST: JAMES C. GILES, CLERK ~<. '::'::'~Æ~ . ~~ - -' nr ,....~<!;.;t . J':~v 4/"'-. .:£: ...,~";¡r":'~f'.(. -:r- f -: ; .-;~tfese~~~~;es approved by the Board on \ ··~~~\~f~sent~.:·:~ or an corrected '., ').'. r:..j!. \Ul:':\~ ...r:" #'.. )..."" "'~'~i ~~~"".." ., .. ..'11...... .....', ~..,',' t:-;'/?¡rO',e."':' "1 "'1',.. . Q.-è1z PISTOR, CHAIRMAN J/~¿)~;/7G - .. - Pðge 21 - ,-- --- - --.-\