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BCC Minutes 06/17/1986 R .'*";~~' Naples, Florida, June 17, 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 9:00 A.M. in REGULAR SESSION in Building "F" at the Courthouse Complex, East Naples, Florida, with the following membe~. present: ii,,".! CHAIRMAN: John A. Pistor ',., VICE-CHAIRMAN: Anne Gooanight " . .,. .:¡" Frederick J.Voss Max A. Hasse 'J C. C. "Red" Holland ". ", ALSO PRESENT: James C. Giles, Clerk: Carmen Ruiz and Maureen Kenyon, (10:30 A.M.) Deputy Clerks: Ken Cuyler, County Attorney; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County l. " Manager; Pam Brangaccio, Deputy Assistant County Manager; David ;}Weigel, Assistant County Attorney; David pettrow, Planning/Zoning .. Director; Vickie Mullins, Community Development Administrator; Ann McKim, David Weeks and Barbara Cacchione, Planners; Tom Kuck, Public Works Administrator: Dr. Brandt Henningsen, Natural Resources Management Tecì.nician: Na~~y Israelson, Administrative Secretary to ..:~i the Board: and Deputy Chief Ray Barnett, Sheriff's Department. ..... 'Bf~.~(' ;~~~;., ¡fl L:'= ¡;vr' ;', ,":l' .J.\¡'Tí'· ~;1) ,.:.: :y.',) )~ ,-: ,!,ii):': b!'. ;n:c'j í;!:;~ ,',0 .;: 0" ..... ;. ,:... i~¡J~;~ -....' \J .(,h: 1'/1 ~ ¡,;. lit !, ,ih:'} Lt.! :.~¡ ..'~.tfEi ¡ ~'-: J 0\.1 ,.t., :."HI i' r.DD~ 095PAC£264 Page 1 ':1; r:.':, 1 ~. ... ,.,.: . ,- . .,. ¡ ~' I. t ¡¡ . ~!~!fJ ..' , : "<¡;f'! '! ~ .... o~t:t\ ,;~_...: ~, i .,:~1~.:~. .p,~.'~JJ~; ~' June 17, 1986 'lape U 'It.. U AGZNDA APPROVED WITH CHANGES Commi..ioner Vo.. moved, .econded by Commi..ioner Ha... and carried unanimously, that the Agenda b. approv.d with the following chanqesl 1. Item 9BS to be heard at 2:00 P.M. 2. Addition of Item 9B6, Recommendation to approve short list of consultants, authorize negotiation of contract for Phase Q'e engineering services, and empower County Manager to execute contract. 3. Addition of Item 9El, Recommendation to authorize the County Manager to execute a negotiated new courthouse architectural contract to Winsor/Faricy, St. Paul, Minnesota. Item 12 DPLOßZ BERVICB A1ß1U)S (PBRBONNEL) Commissioner Pistor presented the following employees with service awards: It.. t3 Diane Flagg, EMS 5 years ORDINANCB 86-25 RE PETITION R-86-3C, AGNOLI, ASSAAD, BARBER , BRUNDAGB REPRESBNTING DONALD GEORGE CANNAlf, REQUESTING A REZONB PROM "E" ESTATES TO pun ~OWN AS THB RANDALL BOULEVARD CENTBR LOCATED AT IMMOJtALEZ ROAD AND RANDALL BLVD. - ADOPTED Legal notice having been published in the Naples Daily News on May 16, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-86-3C, filed by Agnoli, Assaad, Barber and Brundage, representing Donald George Cannan, requesting a rezone from "E" Estates to PUD known as the ',' Randall Boulevard Center for a convenience center facility for property located at the intersection of Immokalee Road and Randall Boulevard. Page 2 aDaK 095 P1CE 272 .~¡-, fl')' ¡ t ,~ J~, .-.... ,oo~ 095 Plr,t 273 June l7, 1986 Planner McKim stated that the subject property is located east of the intersection of Immokalee Road and Randall Boulevard; lands to the north across Randall Boulevard contain north Golden Gate City, which was approved for 2100 dwelling units and 22 acres of neighborhood com- mercial uses, eight acres of this convenience commercial is located it), ,immediately across from the subject property; lands to the east, south ...~ . 4\ . and west are z.;-ned "E" Estates. She added that all the surrounding l1~' ~-'-':J,."". ., ., lands are undeveloped at this time. Planner McKim indicated that staff reviews all petitions for compliance with the Comprehensive Plan, which allows a very limited amount of convenience commercial in the area it designated as ,"ves~ed", which is the Estates area and does not include Golden Gate ;~i~Y, She said that to limit the amount of convenience commercial in 'the Vested Area certain criteria were established which are listed on the Executive Summary. She pointed out two which are of special con- cern to this petition: Item B, which regulates the amount of acres between 2.25 and 5 acres; when the petition was submitted the,property was 5.15 acres and through a survey and agreement by the petitioner, they agreed to limit it to 5 acres; Item E, which states, "The service area is generally considered as the surrounding areas within a radius of two miles; i.e., the site is no closer than four (4) miles to the nearest commercially zoned sLte within the Vested Areas." She said the subject property is actually 3.2 miles from existing commercial in the Vested Area which is located on Wilson Blvd. and Golden Gate, and '. i'j ~ . . ,. . 1 Page 3 ~' .. .. .. , ¡ 'Y ""!l':fo¡, ~;'- .~ June l7, 1986 for this reason the staff recommended denial of this petition because it did not meet the criteria that was established for convenience com- mercial in the Vested Area. She added that the Collier County Planning Commission held their public hearing on June S, 1986, and found the petition to be in compliance with the Comprehensive Plan and unanimously recommended forwarding the petition to the Board with a recommendation of approval subject to amendment of the PUD document and the site being limited to a maximum of S acres. She indicated that those people in favor of the petition feel there is a need for commercial in the area. Commissioner Pistor asked how can staff find that the petition does not comply with the Comprehensive Plan and the CCPC finds that it does? Planner Barbara Cacch~one answered that staff reviews the peti- tion and makes a recommendation to the Planning Commission and they are the final body that interprets the staff recommendations to deter- mine consistency. She indicated that in this case, the language in the Comprehensive Plan refers to a general service area of two miles and that no site can be closer than 4 miles. The Planning Commission, she said, interpreted that general service area as allowing for some overlap between the service areas and that was the basis of their decision. " " Commissioner Pistor asked if the staff understands that reasoning? '.',r ~~. Planner Cacchione stated that the language in the Comprehensive Plan may allow for that type of reasoning, however, staff still has some Page 4 BOOK 095PAt;[274 ",-..-....-.-..._.- am 095 ,~r,t 275 rr' Ij(,~ " . ('I," ~þ..... ~;. ,of convenience commercial because of the low density of the popula- ""', tion. '«~.b ¡, County Attorney Cuyler stated that there was also some question of ~~~'~he Planning Commission as to how the distance was measured: Ms. June l7, 1986 concern over the proliferation of commercial within the Estates; noting that the 4 mile criteria was placed there to limit the amount Cacchione said that the Comprehensive Plan refers to a radial distance in terms of defining market areas: a circle is drawn around each of the two areas, the one on Golden Gate and Wilson and the pro- posed site, and the circles do overlap by 3/4 of a mile. She added that the Planning Commission had a discussion in regard to road miles to the site and there was some confusion as to whether it was 3.5 or 3.8 miles, and staff has since remeasured and found it to be 3.2 in road miles. Commissioner Hasse asked if to the north of this particular pro- perty there is a commercial node indicated in the rezoning? Planner Cacchione answered that as part of the settlement agreement for North Golden Gate City, which is not part of the Vested Area and does not have that same land use designation as the surrounding pro- perty, there are approximately 22 acres which allow for a number of different types of uses, some of the same uses that are included on the proposed site. Commissioner Hasse asked if that was considered, and Ms. Cacchione answered that it was considered by staff and it was one of the reasons for recommending denial. Page 5 - - .. ",-_."-~.,.^-"'''''",~.-,,,,,~.,"--,,,,,,,,,.,..,-...,..~.,,,..,,,,,--""-_........----...""'~.,,~--- June l7, 1986 Mr. Wafaa F. Assaad from Agnoli, Assaad, Barber & Brundage, the planners for the project, stated that the site was originally calcu- lated as being 5.15 acres of land because included in that calculation was half of the right-of-way immediately north of the property; however I after a boundary survey was done, excluding the right-of-way because it is deLicated, the property is 5 acres exactly. He added that the property is zoned "E" Estates and a PUD zoning is proposed to allow for a small convenience commercial shopping center facility. He indicated that the County agencies and people in the area have sup- ported the application and all of the suggestions and modifications have already been included in the PUD document. He pointed out that ,,~ one point of entrance is proposed to the property, the buildings are 21,000 square feet, to be built in three phases, a large amount of buffer and green space around the property will be left and setbacks ere from the property line to the parking lot. He stated that once approval is received from the Commission, construction will start immediately. He added that, with the exception of two criteria as .. outlined by the staff, all of the criteria of the Comprehensive Plan have been met; however, the 5 acre minimum requirement and the 4 road miles requirement, which he says is 3.8 miles and close to 4 miles, , ~;; ~ ~~. ere met and 'comply with the Comprehensive Plan. He concluded by ""If" :,...,. saying that the Planning Commission found the application to be in compliance with the Plan. Commissioner Hasse asked if the entrance could be moved to the west? Mr. Assaad answered that the entrance can be moved to gain a 8DDK 095 PAr.( 276 Page 6 "DOlt 095 mt 2TI if- ~"', ," , ' ., ~:, e, ~:..' ' zoning? Mr. Assaad answered "No," ~), on, Immoka!ee Road, it is more like a convenience-neighborhood type .~.!acili ty, which i r much needed in the area. Commissioner Holland "V asked what the distance was between the closest store on Immokalee June 17, 1986 little bit more distance, but by keeping the entrance where it is, a safer traffic pattern is created. Commissioner Holland asked Mr. Assaad if he saw this as strip because the site is not directly Road to the project? Commissioner Goodnight answered l2 miles. Commissioner Voss stated that the the Planning Commission recom- mended in favor, there are l3l signatures on a petition in favor, there are letters from several associations who are in favor of this project and he believes the Board should approve the petition. commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the public hearinq be closed. Commissioner Voss moved, seconded by Commissioner Goodniqht, that Petition R-S6-3C be approved. Commissioner Holland asked County Attorney Cuyler if he is satisfied that the project meets the Comprehensive Plan? Mr. Cuyler stated that the primary interest is the 4 road mile interval between the two zoned areas, and there is room for some interpretation in the provision, but it is important that the Board realize if they, go below that 4 miles with regard to this zoning petition, there will be other zoning petitions coming before the Board that will be below the 4 mile criteria. ; , Page 7 .. - - " " . ,.... . .',."-,, . \ , , ~ ,. ,,,,." ':. It,~,_. ·.~~.. ,':"r" ;.. June 17, 1986 Commissioner Holland asked did not the Commission turn down a couple of petitions that were within the 4 mile radius? Mr. Cuyler stated that the staf~'s position in advising the petitioners has been that it is a 4 mile requirement, and there probably have been some petitions that have not gotten to the Board because of that and there may have been some that were denied by the Board. Upon call tor the question, the vote was 4/t (Commissioner Rolland opposed), whereupon the Ordinance as numbered and titled below was adopted and entered into ordinance Book '23. ORDINANCB 86-25 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THB UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-27 BY CHANGING THE ZONING CLASSIFICATION OP THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES '1'0 "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE RANDALL BOULEVARD CENTER, FOR A CONVENIENCE SHOPPING CENTER FACILITY, FOR PROPERTY LOCATED AT THE INTERSECTION OF IKHOKALEE ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, +5.15 ACRES, AND PROVIDING AN EFFECTIVE DATE. Itelll '4 See Page .1'17 PETITION R-86-4C, AGNOLI, ASSAAD, BARBER' BRUNDAGE, REPRESENTING WILLIAM A. LANYI, REQUESTING A REZONING FROM A-2 TO PUD KNOWN AS THE FARK ~OP, FOR PROPERTY LOCATED ON THE WEST SIDE OF AIRPORT ROAD, NORTH OF PINE RIDGE ROAD - CONTINUED Legal notice having been published in the Naples Daily News on May :~,16, 1986, as eviden~ed by Affidavit of Publication filed with the '~Clerk, public hearing was opened to consider Petition R-86-4C, filed '~ by Agnoli, Assaad, Barber & Brundage, representing William A. Lanyi, requesting rezoning from A-2 to PUD known as the Farm s1Çop for . 8DDK 095 p~r,[ 278 Page 8 '. ' ,." . 1'~'~;'\~'~Î;'"t~ ~:f " op "",.. '. ~) , ~",'. tr·· ~i 'J).:.' ;~:r. ~; 11', . ~~,~l :eindeeraolf convenience commercial uses for property located on the west ~,g Airport Road, approximately l-1/3 mile north of Pine Ridge f¢ ::~~~ " ,Road. , I., " ,~.... i'<'j~~~~' Zoning/Planning Director Pet trow stated that the applicant's i !'~ representative has as~ed that this petition be continued to a future , , . date, he is preE3nt and can explain further. )'. . ~r'.'",; Mr. Wafaa F. Assaad, from Agnoli, Assaad I Barber and Brundage, ~, planners for the project, stated that when they received the staff repor0and in attending the Planning Commission they found out that 'OO( 095 ,,~r,! 279 .!' ¡ , June l7, 1986 there is opposition to the development. He requested that the appli- cation be deferred to August 19, 1986, which will allow time for working with the staff and the opposition to resolve the iøsuee that are outstanding at this moment. He added that he has been in contact with the people that voiced objections during the Planning Commission meeting to let them know that a request will be made for continuance, and some people are present today to voice their opinion. 'l'ape f2 Commissioner Pistor asked if the Board wanted to continue the item or hear the 6 registered speakers? Commissioner Holland answered that he would like to listen to the speakers. The following people spoke in opposition of the peti~ion stating that it would increase traffic in the area, creating an unsafe con- dition for children, the initial heavy trucks and equipment needed for the project would also be unsafe, that a truck stop would be bad ~nd . Page 9' - - - '~;.. . , " ~.~. { June 17, 1986 out of character for the neighborhood, that it would have a negative effect on property values, the zoning change would not be appropriate to the area, and that there are already too many convenience stores in the area. Mr. Tom Reynolds Mr. Frank Cardillo Mr. Creg Davenport Ms. JoAnn M. Smallwood Mr. Tony Cnerre Commissioner Hasse asked if everyone concerned was notified? Mr. Pettrow answered that everyone within the distance outlined in the Ordinance was notified. Mr. Assaad stated that given the extension something more satis- factory to the staff and the neighbors and more appealing to the County can be worked out. In reference to zoning, he added, if there are certain uses within the PUD that might be deemed inappropriate, and it needs a bit of compromising or bringing it up to an acceptable level, they are definitely willing to do that as opposed to withdrawing th~ application and then go through the motions for )~r,another six months. He said that he feels that a month or a few weeks of extension would help everyone to bring it to a position before the ,:,^i..., , ,'1" ,';,:: -,1./._: , "'¡~"~ [f.~ ZiO...I'ðWili j~'~;~.t~ , '" ,-I '''t;.. Board. "~"'C'. " '.' i-'~, Commissioner '1 '- , . . ..' 1 '.' " ' <~~,' óbjections? " , Pi~tor asked when Mr. Assaad became awa~e ,of ,the Mr. Assaad answered tha~ they became aware during the Planning Commission public hearing and if they had known of any oppo- sition prior to that, it is very unlike for them to let things go th~t . i' . ' _. . i.. " Page 10 &DDK 095pm280 , '. r.m 095 mr 281 June l7, 1986 l" t; . Commissioner Voss stated that all the reasons for not letting , ~. }~.::'r~eti tioners postpone peti tions like th18 18 that the people sometirnes t " go North for the sum~er, but that is not the case here. He indicated "¡¡;", r, f ' ': that he has no objection to letting Mr. Assaad and the applicant work He added that he thinks that this ,.:,. out so:nething with everyone. ~. t;.,,.· particular petition will not ~';:1':7 CCPC have disap¡:.roved it and : ) ~" go through because both the staff and there are many people who do not want it, but there is nothing wrong in trying to work something out. County Attorney Cuyler stated for the Board's information that if there is a situation where the petition is changed substantially, the Board might want to make it a condition that the petition go back to the Planning Commission or at least be readvertised if the Board con- siders continuation. Mr. Assaad agreed. Commissioner Goodnight asked Mr. Assaad if he cannot work out the problem with the staff and the public, will he withdraw the petition? Mr. Assaad answered affirmatively. Commissioner Goodnight movsd, seconded by Commissioner Voss and carried unanimously, that the publio hearing be closed. Commissioner Hasse stated that in light of all the objections and the problems that might ensue, he moves to deny the petition. Commissioner Holland seoonded the motion. Upon call for the question, the vote was 2/3 (Commissioners Voss, Goodnight and Pistor opposed). Commissioner Pis tor stated that the motion failed 2/3. . Page 1i .. - - , '~'-{~ June 17, 1986 Mr. Cuyler indicated that for approval of the petition four affir- mative votes would be required, and continuance would only need three votes. Commissioner Goodniqht moved, seconded by Commissioner Voss and carrie~ 3/2 (Commissioners Hass. and Holland opposed) to allow the petitioner to postpcne and go back and talk to the statt and tha public, and ret~cn to the CCPC with the understandinq that it it is not appropriate with the statf and the public that the petition will be withdrawn. Commissioner Pis tor stated that the petition will have to be readvertlsed for appearance before ,the CCPC and then readvertised for appearance before this Commission so a defini~e date for continuance cannot be set at this time. %tem IS PETITION 10-8'-7C, COMMUNITY DEVELOPMENT DIVISION: REQUESTING AMENDMENT OP ORDI~CE 82-2, THE COMPREHENSIVE ZONING ORDINANCE TO INCLUDE PUD KASTER PLANS AND ADD PROVISIONS FOR TIME LIMITS _ CONTINUED Legal Notice have been published in the Naples Daily News on May 29, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-86-7C, filed ~:,,, by Community Development Division requesting amendment of Ordinance ,~io: ' ':~.""'" 82-2, the Comprehensive Zoning Ordinance, for the unincor'porated area , "¡,:' .. ~,",., , of Collier CJunty, Section 14.15, Development Plan Time Limits, to include PUD Master Plans and add provisions for Time Limits for PUD Master Plans. .. Page 12 aODK 095 mE 282 '.. . ~'~ " 11'...: " :~, ~..' ,,1- ~'::, ~ Planner McKim stated that the staff has requeste:u::i:7:h::B:tem ~~:~~. continued because the Planning Commission desires to workshop it ~' and that workshop is scheduled for June 25, 1986, and at that point it ~:: will be advertised for the Commission. She added that the item might ~..:.::: ::h:::::'~y July". ,.... wh1eh 1. tho '.t. ,equeete' by eteff Commissioner Voss moved, seconded Þy commissioner Goodnight and r.oaK 095 pm 283 . . ,},', , carried unanimously, that the publio hearing be olosed. Commissioner Voss moved, .econded by Commissioner Hasse and carried unanimously, that the petition be referred back to the staff and the CCPe for further study and Þrouqht back to the Board at a later date. Item " ORDINANCZ 86-26, RE PETITION PDA-86-3C, WILSON, MILLER, BARTON, BOLL , PBBlt, REQUESTING .AN AMENDMENT TO CRESCENT LAD ESTATES PUD BY CHANGING BLOClt liD" FROM A COMMERCIAL PROP'ESSIONAL AREA TO A RESIDENTIAL AREA FOR PROPERTY LOCATED ON THB EAST BIDE OF AIRPORT ROAD, SOUTH OF IMMOKALBE ROAD - ADOPTED Legal notice having been published in the Naples Daily News on May 16, 1986, as evidenced by Affidavit of Publication filed with the , .. . Clerk, public hearing was opened to consider Petition PDA-86-3C, filed I , by Wilson, Miller, Barton, Soll & Peek requesting an amendment to Crescent Lake Estates PUD by changing Block "D" from a commercial pro- fessional area to a residential area for a maximum number of 36 multi- family dwelling units for property located on the east side of Airport Road, across from Victoria Park Subdivision, in Section 25, Township 48 South, Range 25 East. Page 13 - - - ',/ " .~": ~ ' .. ...'__""_''''''_''''._'''_''~'''''''''''''''''''''"''''A;.'"_'''''''~____'.___'"'"''_ '-:.... June 17, 1986 Planner McKim stated that the objective is to amend the Crescent Lake Estates PUD by changing Block "D" from a commercial to residen- tial and have a density on that tract of lO units per acre. She added that lands to the north of Crescent Lake Estates PUD are zoned A-2, lands to the east ere zoned RSF-2, lands to the south are zoned A-2, and lands to the west are zoned RMF-l2. She indicated that the pro- posed multi-fam!ly use is more compatible with the permitted residen- tial uses in this PUD than commercial uses, and therefore staff and other appropriate County agencies reviewed this petition and had no objections to approval subject to suggestions which wer~ recommended as amendment to the PUD document. She stated that the Collier County Planning Commission held their pUblic hearing on May 1, 1986, and recommended forwarding this petition to the Board with the recommen- dation of approval, subject to staff stipulations with clarification of the access to Block "D" by amending Section 5.2.C of the PUD docu- ment to read, "Access to Block "D" shall be via the main entrance boulevard and the loop road." She concluded that at the Planning Commission hearing no one spoke for or against the petition; one letter of opposition was received " \'f~~ expressing concern that the proposed amendment will create an eyesore, block view of the single-family homes behind Block "D" and decrease " l, ", property values, no correspondence in favor was received. She added that the recommendation is that the Board approve this petition sub- ject to the Planning Commission's recommendations. ~DOK 095 pm 284 Page l4 ", '... ,;~~. ,< ~ ,o0( 095 P~(,t 285 !:' j 'J I;' :" :'. .of '~ June 17, 1986 Commissioner Holland askeð how can commercial zoning down-graded to multi-family be detrimental to the surrounding homes? Planner McKim answered that that was one of the comments from a letter from ,.}I-,')r:..- ¡O ~ti one of the adjacent property owners, ~nd she does not know if they , if:...: (I.' v , , ..'misunderstood the petition or would rather have commercial. J¡::'o1) '.. ~',:r~~;(-:{::, In answer to Commissioner Hasse's question, Mr. Tom Peek stateð . that the entran~e was placed in that location so it would create a common intersection with the south entrance to Victoria Park. Commissioner Hasse asked if there was going to be a traffic light located at the intersection, and Mr. Peek answered at this point there ¡-' . is not one indicated, however, as the area grows and traffic con- ditions warrant it, it will be considered. Coamissioner Voss moveð, seconðeð by Commissioner Goodnight and oarried unanimously, that the publio hearing be closed. Cocmissioner Voss moved, seconded by Commissioner Has.e and carried unanimously, that tbe Ordinance as Dumbered anð entitled below be adopted and entered into Ordinance Book No. 23. ORDINANCB 8G-2G AN ORDINANCB AMENDING ORDINANCE NUMBER 81-65, WHICH ESTABLISHED THE CRESCENT LAKE BSTATES PLANNED UNIT DEVELOPMENT, BY AMENDING THE INDEX, SECTION IV: BY DELETING SECTION 3.10, SPECIAL BUFFERING AND SCREENING REQUIREMENT FOR AREAS ADJACENT TO BLOCK liD"; AMENDING SECTION IV, TITLE, BY CHANGING BLOCK liD" FROM A PROFESSIONAL AREA TO A RESIDENTIAL AREA: AMENDING SECTION 4.2. PERMITTED USES AND STRUCTURES: ADDING SECTION 4.3, MAXIMUM DENSITY: AMENDING SECTION 4.4, MINIMUM YARD REQUIREMENT: AMENDING SECTION 4.5, MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: RENUMBERING REMAINING SECTIONS: AMENDING SECTION 5.1, PUD MASTER PLAN; AMENDING SECTION 5.2, TRAFFIC IMPROVEMENTS: AMENDIlIG SECTION 5.5, UTILITIES. ~,.'. ¡x, ' !Xi'" ~! ~':' ~.',." fl..".. £" I~::': , , ' If-' ~ . .~:,.";'þ".' .~. " Page 15 ",,' t'.- - - - ."",~.~,,,.._,..,,,,,--_._-_.,_...._,~--,,,,-...,,,.,"_.. '",...,.~,-""---"_.........,_.._. ~!~~: ~ . i~ ¥ "~,«.: . , June l7, 1986 JJŒNDING '!'HZ PUD KASTER PLANt AND PROVIDING AN EJ'J'lCTIVE DATE. It.. f7 See Page 3'11 ORDINANCB .'-27, RB PETITION PD~-.'-40, HOLE, MONTES AND ~SSOCIATES REPRESENTING FHS PROPERTIES, REQUESTING AN AMENDMENT TO THE RETREAT AT NAPLES PUD, BY SUBDIVIDING TRACT "B" INTO '1'1f0 TRACTS AND BY AMENDING THE MASTER PLAN - ADOPTED Legal notice having been published in the Naples Daily News on May 16, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-86-4C, filed by Hole, Montes and Associates representing FMS Properties, requesting an amendment to the Retreat at Nðples PUD, by sUbdividing Tract "B" into two tracts: one of the new tracts to be developed as a life care com- munity with l38 residential units and to allow a nine hole golf cour- ee; and by amending the Master Plan to indicate changes on the east side of Vanderbilt Drive, approximately 3/4 mile north of Wiggins Pass Road in Section 9, Township 48 South, Range 25 East. Planner McKim stated that the main reason for this amendment, is to allow expansion of Bentley Village, which was an amendment to the original PUD. She said that all the surrounding PUD's are multi- family. She indicated that The Retreat was originally multi-family, then it was amended for Bentley Village, and now they are requesting ~~a~other amendment to expand Bentley ~i~lage. She said that Section 11 ,'1,':Of the PUD document adds this new tract and that the standards for it " are within the new PUD document. She added that staff and appropriate Coun~y agencies reviewed the petition and had no objection to its r.m 095p~Gr286 Page 16 , , '¡;,;,r, ~..~:,' '. ",. -....',.~ '. )it, l'; I' :( ~, ,'.( ,,~: ,~~ r.oaK 095 Pitt 287 .. ,) I 1"_ June l7, 1986 approval subject to amendment of the PUD document per the staff report. She pointed out, that the CCPC had their public hearing on May . 1, 1986, and unanimously recommended forwarding this petition to the '''..:\~(;(;..~~. , reco~endation of approval subject to staff stipulations; it at the public hearing and one letter of received objecting to the golf course in an area zoned . She concluded by saying that the recommendation is that the Board approve the petition subject to the Planning !. ' Commission's recommendation. Commissioner Voss stated that he hopes that in the long-range planning, the petitioner will consider using effluent on the golf course, and a representative from Hole, Montes answered that it has been discussed with the Utilities Department. ~. Commissioner Hollan4 moved, seconded by Commissioner Hasse and carried unanimously, that the public hearinq be close4. Commissioner Holland moved, seconded by Commissioner Hasse and carried unanimously, that the Ordinance as numbere4 and entitled below be adopted and entere4 into Ordinance Book No. 23: ORDINANCE U-27 AN ORDINANCE AMENDING ORDINANCB 82-97, WHICH ESTABLISHED THB RETREAT AT NAPLES PLANNED t1NIT DEVELOPMENT, BY ADDING THB INDEX; AMENDING Tn PUD DOCUMENT TO PROVIDE FOR THB NUMBERING OF SECTIONS AND SUBSECTIONS: ADDING SECTION l.l PURPOSB; ADDING SECTION 1.2, LEGAL DESCRIPTION; ADDING SECTION l.3, GENERAL DESCRIPTION; AMENDING SECTION 1.4, MAXIMUM PROJECT DENSITY; ADDING SECTION 1.5, PROJECT PLAN AND LAND USE TRACTS: AMENDING TITLB OF SECTION 2.l, PERMITTED USES POR TRACTS A, B, AND C; ADDING SECTION 3, LAND USE REGULATIO}~8 POR TRACT D; AMEtJlJING SECTION 4.2, MAINTENANCE: AME~~ING SECTION 4.4, EXVEPTIONS TO THE COUNTY SUBDIVISION REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. See Page .':J't9 i':' , .. r.. "Page 17 '. - - - ~.".~,~-,~-'-'.;;"--- ......_""""'.............'"''''~.....--"'-- ~',~ fj;" ,'.~ June 17, 1986 Item ..,. aBSOLUTION "-110, RB PETITION PDA-8'-7C, WILSON, MILLER, BARTON, BOLL , PEEK REPRESENTING WILLIAM T. HIGGS, REQUESTING AN AMENDMENT TO THE BERSHIRE LAKES DEVELOPMENT ORDER '83-1, HURRICANE EVACUATION -ADOPTED Legal notice having been published in the Naples Daily News on June 1, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-86-7C, filed by Wilson, Miller, Barton, SolI & Peek representing William T. Higgs, requesting an amendment to the Berkshire Lakes Development Order '83-1, Section 3.F., dealing with hurricane evacuation. Zoning/Planning Director Pettrow stated that this petition is to amend the Development Order to incorporate the language which will settle the appeals of the Department of Community Affairs (DCA) and Southwest Florida Regional Planning Council. He said that the Berkshire Lakes PUD and Development Order was approved August l6, 1983; on August 6, 1985, the Board of County Commissioners approved an amendment to the Development Order reducing the minimum floor eleva- tion of 12.8 feet mean sea level to no less than ll.2 feet mean sea level. This minimum floor elevation, he indicated, is the criteria used to trigger the requirement for on-site refuge shelters; if the Collier County Building Department and Water Management Department as :~,well as South Florida Water Management District permit a lower minimum . ',¡f.~'; , '....~:~ 'floor elevation, then the developer would have to provide on-site " refuge shelters. He noted that when the minimum floor elevation was ....... amended from 12.8 feet to 11.2 feet, the Department of Community ,..r &OO( 095 PAr·l 288 Page 18 ,..,.,.-.,.".,--.--.----....'.' "^ ".".,.~.,~"_,,~..--,,......""~~,...,.... "A'-" . .".",._,'~' .-_.__....."........_~._,_.___"'... am 095 W.t 289 :!,LJ :)/;' June l7, 1986 Affairs and Southwest Florida Regional Planning Council appealed it because they found that by lowering the minimum floor elevation, an additional 1358 Berkshire Lakes residents would need to evacuate to \~ ..., off-site hurricane shelters in a Category 3 hurricane. He indicated k~ ,', .t,hat the number Î;:;('}.![1,iaddition, he ~';,' Berkshire Lakes lr L\:.., ,:..!{! f' \.,.:.' ~ ':'. '" I'): .' t:~ r:~ ' ;ii' ~. t" !"~ .,..' " F~ : of people would overload the present shelter space. sa'id, they determined that an additional l3S8 residents would be added to the evacuees leaving Collier County, thereby impacting adjoining counties' hurricane eva- cuation times, routes, traffic shelters and refugees. Mr. Pettrow stated that the proposed Resolution adopts language which has been agreed upon by the Department of Community Affairs, Southwest Florida Regional planning Council and the Developer; the language is functionally similar to that of the original Development Order and, therefore, the Planning staff has no objection to the pro- posed language. He concluded by saying that the staff is recommending that the Board of County Commissioners adopt the Resolution thereby resolving the appeals of the Department of Community Affairs and the Southwest Florida Regional Planning Council. Tape U Commissioner Voss stated that originally the petitioner agreed that if he was allowed to build at the lower elevation he would make a considerable contribution to the County. He asked if that would be affected by this amendment? Mr. Tom Peek from Wilson, Miller, Barton, 5011 & Peek, the engineers and planners for the project, stated that " t i:...,.L ilJ" fl..~.,.'·'.. -." " êl': ,.... . ~' .f. .~ ii.'~.:.¡ f' ~, t, - I:~., . 1 :~ ',.' . '" " '.' ii ,oj0l' . ' Page 19 " , - - - "._~,...__"",,,,",,,,,,",,,,,,,,,,,,,,....-<»'H·',""···' ,. ""_.~.____"'__..,____ " , - ~ .'" I' ( June 17, 1986 the letter of agreement that' Mr~ Higgs gave to the Board in December of last year is still in effect. commi..ioner Voss moved, .eoonded by commi.sioner Has.e and carried unanimously, tbat tbe publio bearinq be olo.ed. Commi..ioner VO.S moved, .econded by Commi.sioner HOlland and carried unanimously, that Re.olution "-110 relatinq to Petition PDA-'C-7C to amend the Berk.hire Lake. Development Order '83-1, Seotion 3.P., d~alinq with hurrioane evacuation be adopted. " . .: ",;' ¡ .... . ; ~ , ; ~¡. "hI! " , '~. ~ t '.. i ~. . (: . i ;:,1 I)' .;,ic ";~,.h /(!::~1. ¡ J,!~f¡ , ":~::~~ - , i<":¡';¿, '¿;If .,'-,'~>:"'", ,., '.."t, . t~ :' '\~., ."'~..;{ ,;/X,' ~1Yf lí'I' 'I."~'. ~t" -t r~:\~- '¡ 1,r;7¡. ï ¡ ~ ; " !. .; ....·'r r' : ' \ '. , " (' ;':'" r.'.,',. ; ¡ ~ i. , , , . 1ì~,' ,;,'j r (I t;a,.... " '- : '~ .. . '. ~ . i t.;'. l'-!- ) \ tt) . : '..f~(,W. ~t:,', ~q :-.: .~ ,:""'0 ' ;.. ;';'J' [r) 'i' ;. , . r ~~,.J t ~ "f:' 1 ~ ') =. .'.. .LL,~·' (/,~.:. : .-. : ~,".' . :";t (¡ .r'.1 ',~ . : . 1'1 ( l ,l i I ~ ',~. I ":. c', Î -;j-; " ",' ',', :.~' &DDK 095 Pl~t 290 Page 20 , ., ~\~ i~~~ r (1'J' \ ¡I,:. \'! .. ",-:i.:: ,;:~r; .,,:~.:H ,'t~~ " ~';ii~,~ "))~~" ~~~·~t~¡ :,:.~:1 . -···,··1 ,:.;~~ '~·':4 . '","",-,_"""",~~,."....">".",~"~"-.",.~~,,,,,..,,.,,,,,P''''''''-'·_~"'~__, i' ,o~ 095 ~1f,t 295 June 17, 1986 It.. " OJlI)INANCB U-28, U FLOOD DAMAGE PREVZN'l'ION - ADOP'l'ED Legal notice having been published in the Naples Daily News on May 29, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an Ordinance relating to Flood Damage Preven~ion. County Attorney Cuyler stated that the Board is well aware of the fact that since !979 a Flood Damage Prevention Ordinance has been in effect, and this Ordinance follows the same lines and is probably 95' the same Ordinance; however, this one incorporates the 1986 flood rates insurance maps that were issued pursuant to the appeal that was conducted with the Federal Emergency Management Agency, and there are minor changes in the document. He added if there are any questions regarding the content or specific provisions, Mr. McDaniels is present to answer those questions. Commissioner Pistor stated that each Commissioner, should be pro- vided with a set of maps. Mr. Cuyler stated that the Executive Summary chronicles somewhat the appeal process which has been long but was successful with the help of the South Florida Water Management District, and the maps that were sent incorporate those elevations that were produced by the South Florida Water Management District. Commissioner Voss moved, seconded by Commissioner Has.e and oarried unanimously, that the public hearing be closed. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the Ordinance as numbered and entitled below Page 21 I ,. - - ail -'~'..,,__""'__.' '<II'" __",,'_ -_...........--"..."""'.,,~"""'=...~..."''''...,".,^''~- June 17, 198' adopted and entered into Ordinance Book No. 23, incorporatinq the late.t Flood Insurance Rat.. Hap.. ORDIKANCII 86-28 AN ORD;~CE RELATINa TO FLOOD DAMAGE PREVENTION; PROVIDI~G FOR STATUTORY AUTHORIZATION: PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF PURPOSE; PROVIDING METHODS OP REDUCING PLOOD LOSSES; PROVIDING FOR DEFINITIONS; SETTING FORTH LANDS TO WHICH THIS ORDINANCE APPLIES: PROVIDING FOR EXEMPTIONS: PROVIDING FOR A BASIS FOR ESTABLISHING THE AREAS OP SPECIAL PLOOD HAZARD; SETTING PORTH A DEVELOPMENT PERMIT REQUIREMENT; PROVIDING PERMIT REQUIREMENTS; PROVIDING GENERAL STANDARDS POR FLOOD HAZARD REDUCTION; PROVIDING SPECIFIC STANDARDS FOR "V" ZONES: PROVIDING REGULATIONS WITHIN THE FLOODWAYS: PROVIDING REGULATIONS FOR MOBILE HOMES: PROVIDING STANDARDS FOR SUBDIVISION PLATS; PROVIDING FOR ADMINISTRA- ~ION AND DESIGNATION OF THE CHIEF ADMINISTRATIVE OFPICIAL; PROVIDING AN APPEAL PROCEDURE; PROVIDING A VARIANCE PROCEDURE; PROVIDING INTENT AS TO ABROGATION OF EXISTING RESTRICTIONS AND INTERPRETATION OF RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 79-'2 AND 85-54. Item 110 ORDINANCB "-29, AMENDING SECTIOK 2 or ORDINANCE 78-'7 TO AMEND THE BOUNDARIES OF THE PELICAN BAY LIGHTING MUNICIPAL SERVICE TAXING UNIT BY ADDING PELICAN BAY UNIT SIX - ADOPTED .~, , ).-.: . >'~" Legal notice having been published in the Naples Daily News on May 29, 1986, as evidenced by Affidavit of Publication filed with the Clerk, pUblic hearing was opened to consider an Ordinance amending ..1 ~ . ! Section 2 of Ordinance No. 78-67 to amend the boundaries of the Pelican Bay Lighting Municipal Service Taxing Unit by adding those certain recorded subdivisions ,known as Pelican Bay Unit Six; providing an effective date. ,.,.' Page 22 am 095 PJr,r 296 ry".",.."~-,,,,-,;,,,...;;..~.,,,,,,,,.....,,,.,,,...,,.~;.,,.;,,,,.,.....,,""-".....""'.".....".."",,,,_..." ,- .) , ,) If (~~~~ 't,;' :~;~ ~~t '~f'~ ~ ~he purpose of this amendment. ~~ "'0" ,Mr. Boleaky atoted that this Is juat addln. additlonsl aeotiona to ~;" the Street Lighting District, specifically Section 6, which the deve- ,~,(, {oper has, indice.ted they will start developing in the very near ft'1" " y ~' .' ¡ " , ., " future, and the District is planning ahead to install street lights ,...,',',.. '~, ~~~.t ~.: ~ ~. !, ~:' ~, ,,,, , eDO~ 095PJr,£297 I; ;' ; ~: June 17, 1986 County Attorney Cuyler stated that Attorney Tracy BOlesky, legal counsel to the Pelican Bay Improvement District, is present to explain when that particular area is developed, Commissioner Pis tor asked Mr. Bolesky if he understood that this will not effect the taxes in the 1986-87 budget? Mr. BOlesky answered affirmatively, and said that is why they work a year in advance. Commissioner Voss moved, sacon4ed by Commissioner Holland and carried unanimously, that the public hearing be closed. Commissioner Voss moved, s.con4ed by Commissioner Hollan4 and carried unanimously, that tü~ Ordinance as numbered and entitled below be adopted and entered into Or4inance Book No. 23: ORDINANCE 86-29 AN ORDINANCE AMENDING SECTION TWO OF ORDINANCE NO. 78-67 TO AMEND THE BOUNDARIES OF THE PELICAN BAY LIGHTING MUNICIPAL SERVICE TAXING DISTRICT BY ADDING THOSE CERTAIN RECORDED SUBDIVISIONS KNOWN AS PELICAN BAY UNIT SIX' PROVIDING FOR AN EFFECTIvø DATE. Item III RESOLUTION 86-111 RE PETITION CCCL-aS-2C, HOLE, MONTES , ASSOCIATES, REPRESENTING COASTAL BEACH FRONT JOINT VENTURE, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE FOR PROPERTY LOCATED SOUTH OF CLAM PASS PARK ON SEAGATE DRIvø - ADOPTED Legal notice having been p~blished in the Naples ryaily News on June 1, 1986, as evidenced by Affidavit of Publication filed with the , , ; " 1;' Page 23 :'-1:': ~.. . .. .. " y", . ,~\: " 'i~"~:'~"i'~"': ..' ." h": June l7, 1986 Clerk, public hearing was opened to hear Petition CCCL-86-2C, filed by Hole, Montes & Associates representing Coastal Beach Front Joint Venture, requesting a variance from the Coastal Construction Control Line (CCCL) for property located just south of Clam Pass Park on Seagate Drive (f~ction 16, Township 49, Range 25). Community Development Administrator Mullins stated that the peti- tioner is requesting a variance for the construction of a wooden beach access walkway, removal of Australian pines, landscaping with native vegetation, and temporary use of the dune zone for equipment required for construction of condominium buildings. She indicated that the Executive Summary contains the stipulations which the staff has placed upon the issuance of the permit, and the recommendation is for the Board to approve the petition with the recommendations. Commissioner Pistor asked if it is absolutely necessary to use the dune area for equipment during construction? He added that it prac- tically ruins the dune area and sometimes it is rebuilt, but it is not always satisfactory. Dr. Brandt Henningsen answered that the peti- tioner has said there is undue hardship, so they have requested that a 25 foot corridor which will be narrowed to 14 feet for the southern half of the property line; they are required to restore any damage ';'~';;'dó¡'e to the dune and to replant'naÙvJdune ~egetatio~:.· .;'",:";' Commissioner Pistor asked if this' can be done succ~~sfuliy? Dr. Henningsen answered "Yes." Mr. Michael Zewalk representing the North Naples r.ivic Association asked what is different about this setback of the dune line and the Page 24 &DDK 095 p~r,! 298 &DDK 095 PI(,[ 299 " June l7, 1986 construction line versus what was turned down for Naples Cay? Commissioner Voss answered that this is just for a boardwalk over the dune. Deputy Assistant County Manager Brangaccio stated that this is just a variance so that a boardwalk can be constructed, and that is all that will be seen on the Coastal Construction Line. commissioner Voss moved, seconded by Commissioner Holland and 'carried unanimG~.ly, that the public hearing be clos.d. commissioner Voss moved, seconded by Commissioner Holland and carried unanimously, that R.solution 8&-111 re Petition CCCL-8&-2C, Coastal Beach Pront Joint Venture requestinq a variance from the Coastal Construction Control Line for property located just south of Clam Pass on Se.qate Drive, be adopted subject to staff recommen- dations. ,', (-;\r Page 25 .- - - , " I , ',F, -.;, ;~ ...'..' .'....,..j , , June 17, 198' It.. 112 ORDINANCB "-30 RE CREATION OF THE IKMO~LEB AIRPORT ADVISORY BOARD OF COLLIER COUNTY - ADOPTED Legal notice having been published in the Naples Daily News on May 29, 1986, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider creation of the Immokalee Airport Advisory Board of Collier County. Public Work~ Administrator Kuck stated he would like the Board to also consider Item 9B4 as a companion item, which is a resolution creating the Technical Advisory Committee. He said that the objective 1s for the Board to adopt an ordinance and resolution, allowing lease holders at the Immokalee Airport and residents in the surrounding areas to participate in the Immokalee Airport Advisory Board and Immokalee Airport Technical Advisory Committee. Their purpose, he indicated, is to advise the Board of County Commissioners and the Airport Manager in the operation and proper development of the Immokalee Airport and its effect on the Immokalee area and Collier County. He said that the Advisory Board will be a long-term organiza- tion while the Technical Advisory Committee will be in existence only until the Immokalee Master Plan is accepted. He said that the Board .1~~. of County Commissioners wil~ choose members among applicants for both .~ . . . ~. , t' ¡ 1~"1 organizations and staff will be responsible to monitor meetings for the two organizations, to keep informed of the organizations' con- cerns, ideas and solutions. He said that the Advisory Board is pro- &ODK 095par,r304 Page 26 l- I"'·· "" 095..,,305 ¡{i -.;,', ~,"~."; , I' ) , I,! . f' ~ 'J June 17, 1986 posed to be five members appointed by this Commission and the Technical Advisory Committee, will have a maximum of l2 members. Mr. Kuck stated that at this time the Board is requested to the attached Ordinance creating the Immokalee Airport Advisory commissioner Voss moved, seconded by commissioner Holla~d and oarried unanimo\'ely, that the public hearing be closed. Commissione~ Holland moved, seconded by Commissioner Hasse and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into ordinance Book No. 23: ORDINANCE 841-30 AN ORDINANCB CREATING THE IMHOXALEB AIRPORT ADVISORY BOARD OP COLLIER COUNTY' PROVIDING FOR APPOINTMENT AND REMOVAL 01 MEMBERSs PROVIDING lOR OFFICERS; PROVIDING FOR MEETINGS; PROVIDING lOR ADVISORY BOARD RESPONSIBILI - TIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EPPECTIVE DATE. Item 113 RESOLUTION .6-112, CREATING THE IMMOXALEB AIRPORT TECHNICAL ADVISORY COUNCIL - ADOPTED t- ~;: )~¿d I~~Y-~ -I)';', ~\ ~1!/;';' ,: 1\ ~1~.j "'~i,""i'; ~~~.;.. t't):l": .,¡t:~" lif' ii:.. "~ ... t·' I 'iE,'" Ø;!: . ..... commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that Resolution .6-112 creatinq the Immokalee Airport Technical Advisory Council be adopted. " ~' , ,j,J ." \ 1_'; " \;;: i,- ~j"'; <:;'('1'\" ·1."¡~ ,t';;P~.! O:;"¡~,':""LC;' :!(?-},,~ J,Uf: .t¡;ur)nn,:, " }i. '- : :,L(Jl',': f'¡;;:l,; ;)b, .I ,-:.!) ~ f":, :'., Page 27 - - - :'>":(' í.;;.~~~'~, ..:·.::,t~;~ . '.of' June 17, 1986 ***** Rece..s 10s20 A.M. - Reoonveneds lOS30 A.M. with Deputy Clerk Kenyon replaoinq Deputy Clerk Ruil ***** Itell 114 REPORT ACCEPTED AND STAFF AUTHORIZED TO ADVERTISB FOR P~BLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCB TO CREATE THE NORTH NAPLES ROADWAY ASSESSMENT DISTRICT ON JULY 22, 1986 Public Works Administrator Kuck stated that the objective of this is to afford review and comments from the Board with respect to the preliminary engÍl'eer ing report and receive author ization for the Staff to schedule a public hearing to create the North Naples Roadway Assessment District. He stated that on March 19, 1985, the Board adopted Ordinance 8S-l3 creating the North Naples Roadway MSTU to pro- vide funds to prepare the preliminary engineering report which was a result of a petition being received from 60\ of the property owners in the district. He noted that subsequently, on August 20, 1985, a contract was awarded to Hole, Montes & Associates to prepare the pre- liminary engineering report for the subject project. He noted that the consultant has substantially completed their task and presented the results to the property owners at a public meeting on June 11, 1986. He reported that the same information along with Comments from the property owners will be presented to the Board by the consultant ~ as part of this request. , '}~'1~); u' ' . ¡.. , ~...~;" '" .j~,,,~' ,::~-. .' :' &OOK 095mt308 Page 28 -, r, i:, r':"'~: :~' r.m 095 P.~t 309 ;¡:~ ' June 17, 1986 Mr. Scott Glaubitz, Consultant with Hole, Montes & Associates, þt. .i" ' ~: ' ,~1' . Immoka!ee Road. 't' " ;1. ,; .\,1 t.,.. I ~.f\- > ~": ~'~ ,:~:::n:~:t u:::r n::::::~c::::t t:o:e::: stated that a draft report has been submitted on the MSTU, adding that the boundaries are I-75, the County Line, Old 4l, New 4l, and He noted that the roadway alignment is semi-fixed at four points I and that the western point will tie into Old 4l and is the Imperial Lakes PUD. He roadway alignment falls in line with Imperial Street in Lee County, which will be improved. He stated that the southern point is aligned with the section line and the future northern extension of Livingston Road. He stated that the eastern terminus aligns with a future plan to provide an overpass over 1-75 along easements that have been acquired through the rezoning pro- cess with the Parklands. Tape f4 . , Mr. Glaubitz indicated that the alternates are in Section 13, adding that there is an area of property that contains a lot of environmentally sensitive lands. He stated that this area was reviewed in detail with DER, the Army Corp of Engineers, and South Florida Water Management District, and they have indicated to him that the two best alignments have been selected. He stated that the corri- dor location shows two alternates and his recommendation is the use of the western alignment because it impacts a fewer number of small par- cel owners and due to the ownership in the area, it will lend itself to better-future intersections along the arterial. He stated that Page 29 - - - ,'¡ .~. ~;~ , June l7, 1986 with regard to the assessment method, generally it is done on a front footage basis, adding that in this case there are property owners that lie on the future corridor and some that lie further away from that corridor. He stated that the assesament formula that was deemed to be acceptable was based on 40' of the assessment by acreage, 20' by fron- tage, 20' by proximity to new roads, and 20' by proximity to existing roads. He stat~1 that a point system was uaed from zero to six, indi- cating that the property owners that were assigned zero had less than 330 feet of frontage, therefore, in the formula they have no assessment attributed to their parcel. He stated that with reference to proximity to existing roads, the point system runs from zero to five and those that touch an existing road get assigned a point value of zero and therefore, they drop out. He noted that people on Immokalee Road have access or potential access and their portion of the assessment on that increment is much less. Commissioner Pistor questioned when the decision will be made on the alternates, to which Mr. Glaubitz stated that during the public hearings this will be decided, adding that they are requesting that the first hearing be held on July 22, 1986. Mr. Jerome Smith, representing the property owners that are in , . '~~: favor of this ~istrict, indica~ed that he was simply available for questions. Mr. Joseph Weinfeld stated that he is a Trustee of one of, the pro- perties in the District and is in favor of the establishment of the road district. "I..' r .' ~ r.OD( 095 PJr.[ 310 Page 30 _..·_..'".......·"""""__,_".,,,,,.,,~,,._,ò··...."·..~,..·..^ '-"'""'''''--';-_.~.", . ., r.DD~ 095 par.{ 311 June l7, 1986 Commissioner Holland moved, seconde4 by Commissioner Voss an4 oarri.d unanimou.ly, that the pr.liminary engin.ering report be accepted and staff authorized to advertise for a public hearing to be held on July 22, 1986, to con.id.r the adoption of an or4inance to oreat. the North Naples Road A.....m.nt District. Item US SHORT LIST OF CONSULTANTS RB RESOURCE RECOVERY FACILITY - APPROVED. ROY P. WESTON, INC. DELETED FROM LIST. SARGENT , LUNDY ADDED AS THIRD CONSULTANT. STAPP AUTHORIZED TO NEGOTIATE A CONTRACT FOR PHASE ONE ENGINEERING SERVICES. COUNTY MANAGER, COUNTY ATTORNEY, AND CHAIRMAN EMPOWERED TO EXECUTE CONTRACT IP ACCEPTABLB Assistant County Manager Dorrill stated that this item was added to the agenda this date as a result of the selection process that County Staff has been engaged in related to resource recovery. He noted that as part of the resource recovery effort, in order to break escrow, there is a requirement to hire an independent engineer, adding that the engineers proposed scope of services is in two phases. He stated that the first phase is to provide and undertake a technical and economical fea.ibility report that will be done primarily for the Trustee for the bondholders to satisfy the requirements in both the prospectus and the security that is being prepared for this project by the "Letter of Credit" Bank. He stated that the first phase will allow them to review the process that is proposed from a technical feasibi- lity standpoint and to determine if the economics and the power generating capabilities, as well as the resale of the RDF materials, are reasonable as proposed. He stated that this would protect the Page 31 - - - e _'~_~.-__"........._~~",.____.",_.._ ..,...."',....,,..~."'""'~""...,._.....__ .. ~ :~ " ...,., ~ :'. June l7, 1986 potential bondholders and the "Letter of Credit" Bank that acts as security for the bonds. He indicated that the second phase, if the project breaks escrow end the money is converted into construction funds, would be the construction monitoring and progress payment end approval of pay request to draws from the Trustee, adding th~t this engineer would a;tually watch over the money as it sits in the Trustee's hands to protect the interest of the bondholders again as the construction, the performance testing, the acceptance and start-up of the plant is done. He stated that he had solicited responses for the RFP at the end of May and 17 proposals were received by the deadline of May 30, 1986. He noted that there was a consultant selec- tion committee that was formed and five firms were invited to make oral presentations before the committee on June 12, 1986. He stated that as a result of that deadline and recognizing that the Board was going on vacation, this is the reason that this item was added this date. He noted that as a result of the presentations and the short list, the recommendations for the three top firms from the selection committee are R. W. Beck & Associates being rated number one; Metcalf and Eddy, Inc. was rated number two; and Roy F. Weston, Inc. was rated ~)' number three. He noted that the other two firms that were involved were Sargent & Lundy and PRC Consoer Townsend. He steted that the recommendetion is that the Board approve the selection committee shortlist, euthorize Staff to negotiete the contrect for services identified in Phese One only at this time, end to empower the County" &DOK 095pm312 Page 32 '011( 095PAGt313 June 17, 1986 Manager to execute that contract in the Board's absence with a report back to the Board for concurrence. Commissioner Pistor questioned why the contract has to be executed before July 22, 1986, when the Board comes back from vacation, to which Mr. Dorrill stated that it does not need to be executed, but Staff does need to proceed with their work which will take approxima- tely 4 to 6 weeks to do the technical and economic feasibility in order to close 0;\ the escrow bonds by October l, 1986. Commissioner Pistor stated that there is lO weeks between July 22, 1986, and October 1, 1986, and he does not understand why it has to be negotiated while the Board is on vacation. Mr. Dorrill stated that in addition to the requirements to break the escrow and financing, Staff is also pursuing the necessary permits that are required for air quality, solid waste, wastewater, and con- sumptive use of water permits. He stated that the~e are also the issues involving the financing, which is a very complicated procedure, adding that Staff is desirous of being able to save those four to five weeks that the Board is on vacation. Commissioner Pistor questioned if Staff is preparing the permits I to which Mr. Dorrill stated that the permitting is already underway and has been filed, noting that Staff is in a review and comment period for DER and South Florida Water Management District. He stated that they have 30 to 4S days to look at the permits and ask for addi- tional information if it is necessary. i. Page 33 .. - - _,,__<q_.~....,"~_,·....^o"',,",",,·"""_"'_ ~""""".,,-,,"~...,"o,.,,, . ~ ,1- . : f.~ .',~ , ,:i: " June l7, 1986 Mr. Lusk questioned if there is an estimated cost for the con- sultant, to which Mr. Dorrill replied negatively, adding that the Board could authorize Staff to incur cost up to a certain point and hold the actual execution of the contract until the return of the Board. In answer to Commissioner Hasse, Mr. Dorrill stated that the per- mits have been ¡iled by Westinghouse, but for obvious reasons Staff has more than just a casual interest but the most important is for Staff to continue to strive to meet the October lst date. He stated that if that date is not met, the County will be involved in a process to revise the Indentures of Trust to extend the date. He noted that it would be a further delay if the County had to prepare all the necessary documents in order to enter into an extension beyond October 1, 1986. In answer to Commissioner Pistor, Mr. Dorrill stated that Collier County is incurring cor.ts as there is a long list of conditions that must be met and in the event that this project does not go, Collier County will have to repay those costs which will amount to about a half million dollars. ~,:f. Commissioner Voss stated that he spent his whole working life in, power plants with engineering firms and to him, this project is a power plant, adding that he would have been much happier if a power plant engineer had been selected other than the ones that were short-listed. J ~: t.', Page 34 aDDK 095p£G[314 ,II.,.",. ,..',', ,-,._---^ aOOK 095 p~r,{ 315 June l7, 1986 Mr. Lusk stated that the first hurdle that has to be cleared with the engineers is that this is a feasible project, adding that the bank " . ',will be looking at whether the RDF goes along with the fluidized bed. .." He stated that this company has to be acceptable to a bank and a lot ,,, of the acceptability is going to be the new technology of the RDF with t.., the fluidized bed. He stated that R. W. Beck and Associates was a unanimous firs, place choice as far as the committee was concerned. He stated that Westinghouse is doing a project in Erie, Pennsylvania and they ysed Weston Engineer for this report on the feasibility and IJ· the bank turned Weston down and it took another three months before another engineer was hired. He noted that the bank hired R. W. Beck & Associates to finish the project. He stated that it is almost guaranteed that this company will be acceptable to the bank. He reported that R. W. Beck & Associates has good experience in Resource Recovery and that is very important in this project, adding that they have experience in the fluidized bed. Mr. Dorrill stated that there is no doubt that this project is a power plant but it is also a garbage plant and a recycling plant as well and it is important that the County :ecognizes that power genera- tion is a major activity of the plant and, therefore, the concerns and anxieties of the financial and bonding interest in the "Letter of Credit" Bank must also be resolved. He stated that the experience list of R. W. Beck and Associates shows numerous projects from 50 tons a day to 3,OOO,tons a days for resource recovery facilities. He Page 3S - .. .. , .. .;~ June 17, 1986 stated that they have performed identical services to what the County requested with regards to the technical and economical feasibility and evaluation, as well as the construction monitoring progress report and start up of the plant facilities, which is why they are being recom- mended as the first choice of the Committee. Mr. John Keschl questioned what type of rating this engineering firm has, to wlach Mr. Dorrill stated that engineering companies in general are not publicly held and traded business activities, adding that in most instances if there is stock, it is privately owned and held or in many cases, they are held in partnership and as a result of that, they do not have a credit rating. Mr. Doriill stated that he checked the representative list of experience, adding that their pre- sentation and the understanding of the scope of work was excellent. Mr. tusk stated that on the Erie, Pa. project, the Bank contacted R. W. Beck & Associates, adding that neither Westinghouse or Erie hired them. He stated that the County is looking for a company for Phase One that is going to be acceptable to the bank. He stated that he knows they can do the project because they have already done the same feasibility report for the Erie project. He stated that this company will not be working for the County, they will be working for " the Trustee as an independent engineer who represents the bondholders. He stated that they will not necessarily represent the County or Westinghouse. Commissioner Pistor questioned what the County's financial obliga- tion will be with respect to R. W. Beck & Associates, to which Mr. tusk that the financial obligation will come out of the bond proceeds. Page 36 am 093 PM 316 """~""."'''''.'"'"'-'-'''"''''''''''''''"~'-~'----'' ./ am 095 PAr,t 317 June 17, 1986 County Manager Lusk stated that he would like the Board to know how the top five firms were selected. He reported that Westinghouse had to be agreeable with the company selected by the County and paineWebber wanted to be sure that the company would be acceptable to the Bank, therefore, Westinghouse came up with a list that was acceptable to them from the 17 companies that submitted proposals and paineWebber submitted their list of companies that would be 'acceptable to them. He st~tcd that the two lists were combined which indicated that both firms had agreed on five companies that were acceptable which is how the short list was created. He stated that of the five companies, the Committee decided unanimously on R. W. Beck & Associates. In answer to Commissioner Hasse, Mr. Dorrill stated that R. W. Beck & Associates has not worked on this exact type of plant, as the Goteverkan boiler and the National Ecology RDF plant is new and it is proposed in Erie, Pa., adding that this company was retained by the "Letter of Credit" Bank to evaluate that system for them, therefore, they have experience in evaluating this exact system. He stated that what is needed is authorization to negotiate the contract, adding that if the Board has some concern about executing the contract until after vacation, it can be held until that time, but his concern is that Staff be allowed to get R. W. Beck & Associates started if the contract is satisfactory to the County Manager'. office and the County Attorney'. office, so that the four to five weeks is not lost while the Board is on ' vacation. I, Page 37 - - - ':,t: '''_"~_'''~~''''''---''_"'-''"''''''~'''O__'"''_~''''''·~-_'_~'__·_~'_~ · :,'. /f;; ;t.r ; June l7, 1986 Commissioner Pistor questioned how much the County is going to be financially obligated for, to which Mr. Dorrill stated that this acti- vity is paid for from the proceeds of the bonds and will be initially paid for by the Westinghouse people I but if the project does not go, then the County '~. an obligation to reimburse Westinghouse. 'tape f5, Commissioner Holland questioned if Staff could simply negotiate the contract with the approval of the County Attorney's office and bring it back to the Board at their first meeting in July, to which Mr. tusk stated that this could be done if the Board would approve R. w. Beck & Associates starting certain projects not to exceed $25,000. He stated that there is certain work that needs to be started imme- dietely. Commissioner Hasse questioned what would cause this project to not go forward, to which Mr. Dorrill stated if the County could not obtain the environmental permits, could not negotiate a power sales agreement with a utility company, could not accomplish the financing within the required time periods or other conditions, the project would not proceed. He stated that it is the County's desire to keep the project on track I which is why considerable amounts of staff time is being ~pent in assisting Westinghouse. J;' ç.~ ' Mr. Lusk stated that the County Manager, the Chairman, and the County Attorney could be authorized to execute the contract, which would mean that three people would have to be in agreen,ent. r :",.~ : (.1 ~. :' ,'I';, .\ r"' ~ . j my. 095 p~r,! 318 Page 38 ,->",-,.--.....-, ',~' ., ':.~~~:w , t, ·~~~!;~1It"\.,\.1 ';'r:,?;.i¡;~ .,:~". ~~j:l¡I'1' /,::"! ',,~~ r.Da~ 095 PAt;! 319 ;',. , ~ , . 1 ,. , , June 17, 1986 Commissioner Goodnight moved, seconded by Commissioner Voss, that the short list of oonsultants be approved and that the County Attorney, County Manager, and Chairman of the Board be authorized to ~ I'~'" .;}'_t:, ' " :;~J; ..;~f.;,. t f\ t,' negotiate, review, and execute the oontract for services identified in Phase One of the proposed resouro. recovery facility, on behalf of the Board while they are on vaoation. Commissioner Voss questioned why Roy F. Weston, Inc. is on the list if they were unacceptable for the Erie, Pa. job, to which Mr. Dorrill stated that Roy F. Weston, Inc. was acceptable to the parties involved, but when it came time for a "Letter of Credit" Bank to pro- vide the security, their response was that they wanted to reserve the right of backing the project to have their engineer look over the work that Roy F. Weston, Inc. was doing to be sure that it was satisfac- tory"and they at that time, hired R. W. Beck & Associates to review the wo~~ done by Roy F. Weston, Inc. C~mmissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that there be an amendment to the original motion deleting Roy F. Weston, Ino. from the consultant short list. Commissioner Voss moved, seconded by Commissioner Haase, that there be a second amendment to the original motion adðinq Sarqent , ~undy to the oonsultant short list in place of Roy F. Weston, Inc. as the third oonsultant. Upon call for the question of the original motion, it carried unanimously. Page 39 - .. .. .- .....__...."."...'-,..'~.,_.-.._-_."~.. ,." June 17, 1986 , ,r Item 11' COUNTY MANAGER AUTHORIZED TO EXECUTE A NEW ARCHITE~TURAL CONTRACT WITH WINSOR/lARICY TO DBSIGN A NEW COaRTHOaSB AND RENOVATE ~HE EXISTING ONE, NOT TO BXCEED $500,000 ' County Manager Lusk stated that he is presently negotiating an agreement with Winsor/Far icy, but the price has not been settled at this point. He st~ted that he is asking for authorization to sign the contract with Winsor/Far icy to design a new courthouse and renovate the existing one in an amount not to exceed $500,000, due to the time schedule. commissioner Voss aoved, seconded by Commissioner Goodnight and carried unanimously, that the County Manaqer be authorized to execute a new architectural contract with Winsor/laricy to design a new courthouse and renovate the existing one, not to exceed $500,000. Item 117 EMERGENCY DECLARED. ORDINANCE 86-31 CREATING THB MARCO ISLAND BEACH RENOURISHKENT AND PUBLIC ACCBSS KSTU AND PROVIDING lOR A RElERENDUM ELECTION lOR A TAX TO FUND THE UNIT - ADOPTBD Assistant County Attorney Weigel stated that on March 4, 1986, the Board directed that a referendum be placed on the November ballot regarding the question of creating the Marco Island Beach Renourishment and Public Access Municipal Service Taxing Unit up to ;~ 1/2 mill. He stated that the proposed ordinance creates that taxing ,~ unit which excludes Goodland, noting that the legal description is provided within the ordinance and it also provides that the Board designate an advisory committee composed of residents of the com- &(jQ( 095"mt3ZO Page 40 I' '.~'-~"-,,","''''> ... ...-..._ .·".·,'..........'w.',,¡"...,,...·"'...""""-·-....··, ,,: .J . r.DII( 095 PA(·t 321 .J '~".~J.~~ June l7, 1986 ~.¡;.,.' . ~t munity. He stated that this needs to be approved in order for this '~~ proposed ordinance to meet the necessary time constraints, adding that ; í?:-.' ,ø<;. ,it is required that this ordinance be sent to the U. S. Department of ~. ;~.':, tA.:.. 'tt.: ~.\»;; ~:'~~::;~e waived in order, to adopt the ordinance, so that the residents will ," be able to vot~ :10 this question in the November election. t Justice for approval. He noted that it is his recommendation that the Board determine that an emergency exists and that notice requirements \', . commi.sioner Voss moved, .econded by commissioner Hasse and carried unanimously, that the Board declare that an emergency exists and that notice requirement. be waived. Commis.ioner Voss moved, .econded by Commis.ioner Hasse and 'carried unanimously, that Ordinance 8'-31 creating the Marco Island Beach Renourishment and Public Access Municipal service Taxing Unit and providing for a referendum election for its qualified electors concerning a tax to fund the unit, be adopted. Ite. 118 RESOLUTION 86-113 ORDERING AND CALLING A REFERENDUM ELECTION TO BE HELD 11/4/86 IN THE MARCO ISLAND BEACH RENOURISHMENT AND PUBLIC ACCESS MSTU TO DETERMINE IP THE QUALIFIED BLECTORSRESIDING THEREIN, APPROVE A TAX LEVY NOT TO EXCEED 1/2 KILL - ADOPTED Assistant County Attorney Weigel stated that this is a resolution to determine if the qualified electors residing in the Marco Island Beach Renourishment and Public Access MSTU approve a tax levy not to exceed 1/2 mill to provide beach renourishment" improved stormwater protection and public access to beaches. He stated that this needs to ~: ", ~ { ',; ~ J 'c: i.. c' ! :. !J i .L; , . , J ',. ~ ¡'~! ., i~ :', : .~~;! ,..... 1 ¡ " ' . !,' Page 41 - - - .- '., . .' . ~ ''f . "~ ../. " ,~ ",' .\ ~(..; J. '" : , té :"'*: "..'. ;\ 4 June 17, 1986 be approved in order to hold the referendum election on November 4, 1986. Comai..loner Vo.. .oved, .eoonded by Commi..ioner Holland and oarried unanimou.ly, that Re.olution "-113 ordering and callinq a referendum election to be held November 4, 1986, in the Marco Island Beach Renouri.~~nt and Public Aoce.. MSTU to determine if the qualified elector. re.idinq therein, approve a tax levy not to exoeed 1/2 .ill, to provide beach renouri.hment, improved .tormwater protec- tion and public acce.. to beaches be adopted. .' I', ; I; ¡~. ~ 'I r' J ~ !.,L~\' !";'~" !1:~~~!:,;:1 '., 'f ~. . '"' f~ .' :.y; ¡-'-'¡::" . .'-, ~') .; 11;~'" ~~~7t~1~ t " . f! : ,'".;. fI'. ) , ,~ ,!, j_ ;'1':'.'41 ...';, ~':"1"~,~~ -'TJ (;'-~; ., " ; ~;c: r. '.. ;'... . ' , ,." ¡ ;" ¡j!,; ;'JI; .. . ,"'. ;1 , i.; I,~ I ... ,;;~ ¡.o'; , , ;. ~.! ~ I r:: 'l' f'¡- "I,{ Tt; I:' '1 T':'; i~' . " ~)': ,; j Il ~ :--;,")./ liD : t'~ , . ( ,~i.,~",<: ::"~~~;l;~; (. ..'.:'.J'r..;:;· ·~.::.:.:U~~ ;JL ¡- f 'o':1t H~'.';~:ìn,~; t.>-i< ;'.¡::) , , ":r ¡" ~ ! j &DD~ 095 PAr,t 3'22 Page 42 j I" ~:.- ~o~. Cd! :r;:~ '"._...._""""_~"....."~,....."""...r.",,....._...-,_'"., June l7, 1986 Ite. 11' '1'HIRD AMENDMENT TO THZ BBACH ACCBSS ~ACILITIES AGREBMENT BETWEBN COLLIBR COUNTY, THB ASSOCIATION OP UNIT OWNERS OP THE REGISTRY HOTEL AT PELICAN BAY, INC. AND WESTINGHOUSB COMMUNITIES OP NAPLES, INC. _ APPROVED WITH AMENDMENTS Assistant County Attorney Weigel stated that before the Board this past month was an agenda item concerning the approval of a construc- tion contract for the boardwalk to which this amendment pertains. He stated that this third amendment was reworked since that meeting with the Board, addi~; that this particular Third Amendment to the beach access facilities agreement provides at the present time that the AUO party shall be contributing $125,000 to be paid to the County on or before August l, 1986. He stated that it also provides for approval of the site plan for the beachside facilities and the public parking lot and they are referenced as exhibits to the Third Amendment. He stated that it further provides that there will be a contribution of $15,000 to be paid to the County on August l, 1986, in lieu of comple- tion by AUO of the parking lot, adding that an arrangement was reached wherein the parking lot is going to be used by the contractor as a staging area for part of the construction of the boardwalk and it would not be beneficial to the County to have the parking lot finished ~1 prior to the ,boardwalk being completed, therefore, AUO will contribute $15,000 for the County to complete the parking lot at the appropriate time that the boardwalk i. completeð. He noteð that there will be a contribution of $2,720 to be paid to the County on August 1, 1986, in J i .' . ; , '. . - ; ~"; ;¡, . . : f, : Page 43 BOOK 095 p~r 3'26 ...,.,..-,,-------...- r.DD~ 095 mE 327 3S(: June l7, 1986 lieu of AUO providing certain vegetative landscaping that will not be required because of the masonry wall that is being constructed around the parking lot facility, adding that this does not change the other \.0'.'. on-going obligation that AUO will have for the vegetative landscaping that would be required pursuant to zoning requirements around the , " ~ parking lot area. : I', Third Amendment for payment of $ll,OOO by AVO to the County in lieu of He indicated that there is also a provision in the AUO providing a gas generator for the power source at the beachside facilities, adding that if the County determines that they will uti- lize and provide some otner means of electrical service to the beachside facilities, AVO will make such payment by November l, 1986. He noted that the Agreement further provides that AUO shall have the right to connect to the boardwalk at such location as it may select at AVO's cost and their obligation is to obtain all necessary governmen- tal permits. He noted that AVO will have access to the beachside facilities by means of a motorized tram system or golf carts, the cost of which will be the sole responsibility of AVO. He stated that Article XXII was added, which references the original beachside facilities agreement, that clarifies the fact that the dock-boat-dock system previously addressed in the agreement is expressly deleted and further states that no boating or docking facilities is included within the agreement. He stated that ~here are a few clarifications that need to be made in the Third Amendment Agreement, noting that on Page 1 under the last "WHEREAS", it should read "AVO is responsible Page 44 _..~ ..- -.. WOO ..._---"'~-~.... _<__..."'....___.~_,....."'_".u. "~_»L"'....."._._.,""_~"'...,...,'._...,"'.,..,"'" .,t. . ~ ,'A r,.,~. ¡,-,.. '~"" , ;.....~ ",'I. ' ; ; , . ,.- June l7, 1986 for the performance of SHELTER SEAGATE CORPORATION'S obligations arising out of the Beach Access Facilities Agreement and is SHELTER'S designated successor to its rights and obligations pursuant to the Agreement. He noted that on Page 2 of the agreement the last sentence should read, "T~; parties hereto agree to an extension of the construction completion date for the Boardwalk, Parking Lot, and the Beachside facilities, to and including Apr.il 1, 1987. He stated that on Page 3 of the agreement the first sentence under (b) should read, "AUO shall have the right to connect to the Boardwalk at such location as it may select, subject to review and approval of weN." He stated that on the last page, the signature for Byron R. Koste states Executive Vice President, adding,that he is, in fact, President. Tape tel Mr. Richard Aaron, representing Shelter Seagate Corporation, 8tated that he has no problems or Óbjections to these changes. Commissioner Voss aoved, 8econded by Commissioner Hasse and carried unanimou.ly, that the Third Amendment to the Beach Acces. 7acilities Aqreement between Collier County, the Association of Unit OWners of the Registry Hotel at Pelican Bay, Inc. and Westinghouse Communities of Naples, Inc. be approved with the above-referenced ,'''-' :~'''·~~.¡:~;,_~.i4~¿~ ·>:,ø~j~ ,,,..;'~~'¡' :) t: "'>-::~J<:;'*~~ ';).~~i!Þ~~*~ê ¡ ::.., .:: ,·:t_" ""';,;.~:..: '",," amendment.. ;¡:- :' , , ". ~"': é"·.. "1.~ ., . ' .. ..~: , q--,)" ;,r ( . ~ I I; ,.', , ,I " ,~ ~) ;.i.f :. I.., r ~",. '1 !.-,\ c; Page 45 r.DD~ Q95 p~q 3'28 ":'.,1 : 'J::Q ~t';~;.~ .. . 'II' ~, ~. , .. ··)4c::~;~;~i . -~ "')" " {' 't' ,aD~ 095,ltt333 June l7, 1986 ***** Recesst 11t55 A.M. - Reconvenedt 2tOO P.M. with Commi..ioner Holland absent ***.. Item 120 I ALLIGATOR ALLEY ACCESS - NO DISCUSSION DUB to PENDING LAWSUIT commissioner Pistor stated that as of lO:23 A.M. this date, a civil action declaration was filed agairst Collier County a~d him as Chairman pertaining to Alligator Alley access and since there is now litigation in~olved, the least that is said about this issue I the better, therefore, this item was not discussed at all. Item '21 ¡ I DISCUSSION ON OVERALL DRAINAGE FOR PA~ILION~ 'BEACHWALX AND NAPLES TO BB BROUGHT BACX ON JULY 29, 1986 ' Publio Works Administrator Kuck stated that at the May 27, 1986, Board meeting, Staff was direc~ed to l~ok at the overall drainage for I ' ' , the Pavilion, Beachwalk and Naples Park and' to investigate if the pro- posed wall has any effect on the drainage for the area. He stated that he is available as well as Staff to answer any questions for the people that are present. I Mr. Redmond Jones, President of the Naples Park ~rea Association, read a letter stating that Gleaning out the swales is not going to be I I effective in the Naples Park area. He 'stated that since the addition of the Pavilion overflow, many residents have been flooded and never were before. He ooted that if t~e Beachwalk overflow is added, it will aggrev~t~the·situation further. He indicated that the drainage '0' . feetat ditch is 12 feet at the bottom and 2~ the top at 7th Street J t Page 4( .. - iii PARJI: June l7, 1986 and 92nd Avenue and as large as 40 feet at Bth Street between 9lst and 92nd Avenues. He noted that to widen it anymore than it is now would be infringing on the rights of the people that live in that area. He stated that the Beachwalk and Pavilion developments have been given the solution to their drainage that would take care of their 3-day 25-year storm by putting their run-off water into the Naples Park ðrainage canal~, but it increases the problems of Naples Park. He stated that Naples Park is entitled to a solution with a 3-day 25-year storm system. He noted that Naples Park represents 3,000 registered voters and they respectfully request that the County draw up a compre- hensive plan for Naples Park to bring this area up to the needed man- dated standards of the rest of the County. He stated that the study that is going to cost between $75,000 and $IOO,OOO should not cause any fu!ther damage, and proof should be submitted to that effect. Staff Engineer Mellen stated that with regards to the existing or pre-construction conditions of drainage in the Naples Park area, there were two crossings at 9lst Avenue North and one crossing near 8th Street which were existing prior to the Pavilion being built, which incorporated the drainage from a large cypress slough on the west side of U.S. 41 and extended east of u.s. 41. He stated that prior to the construc- , . ~.( tion of Naples Park, that slough flowed toward the Gulf of Mexico, b'u't>/t~::, '.... , , ....{ with the construction of Naples Park they had to provide an outlet for , it and in doing so, the culvert was put under 9lst Avenue and then incorporated the drainage system from Naples Park with that slough Page 47 r.DDK 095 PA(.[ 3'34 ._'~"'--'''''-''''''"",,,,.......,,,-..",~,......,, ,'. tOOK 095 PAr.r 335 ': I) June 17, 1986 outfall down to 9lst and 92nd Avenue to the Lagoon. He stated that the other existing outfall in the area is a few hundred feet east of Vanderbilt Drive, which cross connects the road swale from the south side of 9lst Avenue North to the north side, thence through the culvert beneath Vanderbilt Drive into the Lagoon. He reported that when the Pavilion was constructed, a lake was built on-site to collect ",'If'" ........ . all the on-sit~ ·un-off with a weir structure to regulate the quantity of discharge, anð through a conduit, they piped it to the existing culvert under 9Ist Avenue, adding that they also reworked the slough outfall so that the connection could still be made at that existing crossing so that they would not cause any flooding east of U.S. 41 or to their northeast corner. He indicated that the Beachwalk Development has a master drainage plan that has been presented and approved by South Florida Water Management District and Collier County. He stated that in their plan, they proved to the County Staff and the District's satisfaction that they could adequately handle the 25-year 3-day storm which everyone is concerned about. He stated that they are capable of handling on-site all the water generated by them, limiting the discharge from the site to .4 cubic feet per second per acre, which is a very small amount of water that is leaving the property even in a large storm. He noted that the Beachwalk total drainage area is 60 acres and the Naples Park drainage area is a little over 300 acres, adding that the Beachwalk is pro- viding 8.6 acres of retention and lakes and Naples Park does not have , , Page 48 .. - .. ~."."_.,,--,,'-'", "___M""'~"_''''"__'"'''''''_*''~';___~____'___ June l7, 1986 auch a aystem. He indicated that the Beachwalk is providing two weir structures and Naples Park only has culverts under the driveways. He noted that for the 2S-year storm event, the Beachwalk has a peak discharge of 24 cfs of water and if Naples Park were able to get all the water to Van~"rbilt Drive, it would have passed 496 cfs of water. He noted that the Beachwalk has 1/20 the amount of run-off leaving their property that Naples Park area is generating. He reported that the Beachwalk is storing 82' of the amount of run-off it is generating, and Naples Park is storing none by design except for the toad flooding. He stated that he ia worried about the flooding in Naples Park affecting the Beachwalk. He stated that in his opinion, the Beachwalk would have no impact on Naples Park nor has the Pavilion in the past. He noted that the Pavilion was designed under the same criteria as the Beachwalk. He noted that if there is any increase in flows, he feels that it is generated from the large cypress area east ì' I~ .~ . of U.S. 41, adding that the Pavilion and the Beachwalk are very well designed. In answer to Commissioner Pistor, Mr. Mellen stated that thc. flow from the Cypress area comes under U.S. 41 through a culvert. '~ff~'~' Commissioner Pistor questioned if the water in the lakes of the '~:'.:(pavilion and the proposed Beachwalk aeep downward at any known rate or .' is the bottom impervious, to which Mr. Mellen stðted that there were ,. aome areas in the Beachwalk area that were isolated low areas that became bogs that the water did not percolate at all anå they became tOOK 095 P~G[ 336 Page 49 _...r...'" -., ,.-- '",,,,,,,,,,,,,,,,.,·,,_·'''n , , r.oaK 095 pm 337 June l7, 1986 little swamps, but other than that, traditionally in the northern part . ~f ~,.¥! of Pelican Bay and the southern part of Naples Park, the soils are not ,t.~':" I¥;.. bad. , :,'" ..'-'~ Commissioner Pistor questioned how this matter will be relieved, ~~;,' to which Public Works Administrator Kuck stated that the Board ~,. directed him at the June l6, 1986, meeting to hold a public hearing on ~"i~-t'juiy 29th and ;:. that time, a decision will be made whether 'to go for- ward or not with a preliminary design feasibility report on Naples Park area. He stated that this district would be bounded on the east by u.s. 4l, on the north by lllth Avenue, on the west by the Bay, and on the south by Vanderbilt Beach Road which would include the Pavilion a8 well as the Beachwalk. He stated that there are 4,435 platted lots in the district, noting that the property owners would be assessed for the preliminary engineering report which would be $20 to $25 per lot cost. Commissioner Voss stated that the whole area was poorly done in the first place and the only way to fix this problem is to study the whole area and then come up with options and decide what can or cannot be afforded, but until that is done, the flooding problems will never be corrected. He stated that a part of this study might be whether or not to eliminate all the swales and put pipe in instead, but this will be very expensive, but at this point; it is not known how much it is going to cost, and the decision will be up to the people if they want it. Page SO .. - - ,'. I.. .:, .' "~ :..; , ~";'.. ., ' ... . .~ ,!~ ' June l7, 1986 Mr. Jon.s stated that 1985 had a very dry summer, but since the Pavilion has been piping their overflow to Naples Park swale, there has been flooding that has never occurred before. Transportation Director Archibald stated that he has kept track of that drainage system closely for more than five years and each year the problem has progressively gotten worse, adding that there is a lot of growth and ~"ery time one of thoø. vacant lots is built on, that lot becomes an impervious area and the run-off increases. He noted that over the last few years, the run-off has increased drastically in Naples Park area from the growth. He stated that there are at least three different areas in Naples Park that are inundated on a regular basis and those areas are not impacted at all by the discharge or the flow-wayø provided through the Pavilion, adding that it mayor may not have an affect on some of the areas in Naples Park that are being inundated on an annual basi.. Mr. Jones stated that the flow from the Pavilion and the Beachwalk is being turned north which is against the natural flow, and when those systemø meet, there is violent churning of ~he water. Mr. Archibald stated that he has seen areas inundated in Naples Park and the flow from the 9lst-92nd Avenue ditch being rapid and no ,'~ flow at all coming out of the Pavilion Shopping Center~ Mrs. Dolores Seacline stated that the drainage ditch has been widened by erosion and has also caused the power pole in the area to become extremely loose. She stated that she has seen a lot of water '.. " r.DD( 095 pm 338 Page Sl ':,\ .P ' , ,,¡ '.' , 1 ,~,.:~:~."t , ,:' ,"'j;, , ,",,·/f,:tif .. .. " ' ,,,..."s .',' ~.......';:p' .{,,,..:¡.tiJj': 'DD~ 095 PAGE 339 (I' ,., \ ( /,1 ,'), I _ ,),: f' June 17, 1986 .. coming out of the Pavilion, adding that the reeidents want to have Beachwalk development is not going to them any further flooding., issue in having a study would be would reach after a certain event, which would help indicate what areas are subject to flooding and what the solutions may be. Mrs. Seacline stated that the ditch fills up to the top because 'once it gets down to Vanderbilt it meets the high tide and then it backs up and has no place to go. ' Mr. Archibald stated that almost every system that there is in the t''"'- r' ~,~". , :'~~( County is somewhat dependent upon an outfall in tidal waters which is !~["" a factor to be considered in redesigning the system. W.,!"ji~·/" l\~:r 4," . ì-' Mr. Jones stated that due to the growth in Naples Park, it has been indicated that this has caused a lot of run-off, noting that when the Beachwalk is developed this will cause a tremendous amount of run- off. , ' Mr. Archibald stated that the Beachwalk run-off is being contained in a lake system so that while their run-off may occur, discharge does not occur immediately. He stated that one of the problems in Naples Park is that when rainfall occurs, discharge is started immediately, as there is no retention capability. He stated that there could be a situation that would occur where the water coming out of Naples Park ~ ,~l ,,'" ¡'I¡I' ,1_)' í; , \ í: -: .' Page 52 .. - - ;,,':' June 17, 1986 would be impacted by the water coming from the Beachwalk development and that situation could be addressed by the weirs and the throttling down of any discharge from the area south of 9lst Avenue. He stated that this would come out in the study. Public Works Administrator Kuck stated that there has been drainage probl~s for years and years according to the history of Naples Park, adding that the Pavilion and the Beachwalk development are putting water into the system, but by their design, they are not putting in anymore than they did prior to development. He stated that they should share in the cost of the study along with the Naples Park area. He stated that prior to any development, there was a cypress slough and all of Naples Park drained into that area. He stated that with drainage laws, water has to be accepted from an upstream project. Mrs. Theresa Imery stated that in the last three years, there has been water sitting on 97th Avenue, but it also backs up from Bth Street. Mr. Kuck stated that this is the reason that he is recommending that this study be done, so that it can be determined what the ,'. ' problems are' in order to correct them. He stated that the ;; cost of the preliminary design is very affordable, adding that until . , he has a better tool to work with, he is limited as to what can be done to correct the situation. Commissioner Voss stated that the problems have to be determined or an effective solution to the problem cannot be reached. He stated bOOK 095mt34ü Page 53 . ~ ! '.¡ '" "'''''011, W"-'WII ~...~ June 17, 1986 that hopefully, if the study is done, by next year when the dry season arrives, they will be in a position to make some decisions as to what to do with the area. He stated that if Naples Park was designed now, 'there would be retention ponds throughout Naples Park, but it cannot be done now as there are homes there and there is no place left for 'the ponds. He noted that there has to be another way to best accom- I' ,1',,_ modate it, noting that there will never be a perfect solution, but the j 'idea is to minimize the effect during heavy storms, and this cannot be ~> done until the study is made. ;J~;~~(: M;. Dennis. ill stated that he feels that the study is needed, but ~" "duri~9 the last few years there has been numerous changes. He stated that last year, he and other residents were told that the drainage pipes in front of their homes were too high and needed to be lowered, which they did. He noted that the County excavated the area and covered it over after he had the pipe installed, adding that after a rainfall the water now stands there. He stated that he never had standing water prior to changing the level of the pipe. He stated that it makes him skeptical when people try to change the flow of the water. Mr. Archibald stated that Naples Park does not have a master drainage plan and every time a culvert has to be installed, it requires a survey party to go out and survey the upstream and downstream location to determine the elevation and the size of the pipe. He stated that one item that would result from this overall Page 54 - .. .. .,".' "'- ·iI'.. June 17, 1986 ,r study would be a master plan that would address for each lot the ðrainage for that lot, the slope, the pipe size, and the direction of flow. Mr. Bob Krasowski questioned why the area east of U. S. 41 has not been included in the study and also questioned how it effects the overall drainage problem? ;, ' Mr. Mellen stated that any district has flexible boundaries and as the study is generated, the actual area that contributed to the situation that is being studied would be included in the district and some areas that are included initially may be deleted. He stated that for the discussion this date, they are talking Naples Park area, but it may be determined that the property to the North and t~ the East may be included. Mr. Krasowski stated that everyone agrees that there is ~ problem " end it has to be determined as to who affects what and to what degree, " adðing that he is concerned with the price of the study, noting instead of a consulting engineer, the County could do the work. Mr. Kuck stated that he is of the opinion that the County should get a full fledged preliminary engineering design and feasibility report because there is a major drainage problem in the area and the ','; County does 'not have enough personnel in the Public Works or " ~ngineerin9 Department to undertake this project. He stated that time is of the essence and if it was done by County staff, it would take , several years. He stated that the report,may include other areas and r;J. Page 55 &DDK 095 ?~r,E 3'42 "-",.~u..~;·.~._."_",__"~..__~",...."",,·,.-.-.,,,,,.''''''''''''~.""_='""''''''''''_'.''''"'''' ·-,1". r.DDIt 095pl(.(343 June 17, 19B6 the District may need to be expanded, which would reduce the indivi- dual expense. Mrs. Diane Geisler stated that the various storm events cannot be -;f( used as they have not proven accurate in the past few years, as there was Tropical Storm Bob and the No-Name Storm. She stated that u.s. 41 ,. is high and 7th Street is high so al~ the water goes to Bth ,Street, '..'.,,"" , ~' f" , : ~¡'..~:.¡..'..,.'.: . ..:,. '<~~, ~tf r,';'" adding that la.~ year was the highest she has ever seen the water. In answer to Mrs. Geisler regarding the drainage for the Beachwalk development, Mr. Mellen stated that there is a two-directional system that has been designed and will be constructed for the Beachwalk which has Lake "A" on the eastern portion of the property which will discharge at 7th Street and Lakes "B" and "C" are interoonnècted to the west and will go into the wetland area east of the property, which will be controlled by a weir between 9lst and 92nd Avenue. Mrs. Geisler stated that there is a problem with the drainage bet- ween 8th Street and 7th Street because there is always a lot of water there, but between 7th Street and 6th Street, there is very little water. She stated that the canals should be cleaned out every year. Mr. Archibald stated that Bth Street receives almost all the drainage from 7th Street and U.S. 41 as it Is a low area and there is only one outfall on 8th Street, which ends up going down Bth Street to the 91st-92nd Avenue ditch. He stated that in one area in the last few years the pipes have been doubled and tripled jn an attempt to carry more water to the 9lst-92nd Avenue ditch. , Page 56 .. '., - - H.""...·.-~.....__.'tI ,", June 17, 1986 Mrs. Geisler questioned if the Beachwalk development is going to continue while this study is going on, to which Mr. Archibald stated that the Beachwalk has its permits and will go forward. Commissioner Pistor stated that the maps from the Beachwalk development shows elevations and waterflows, but there are no maps for " the Naples Park area, which will be developed during the study. He stated that the .,'!achwalk development cannot be held up during this study as they have met all the necessary requirements. Tape 18 Mr. Redmond questioned if there is any information on the proposed wall for the Beachwalk development, to which Mr. Kuck stated that the proposed wall will not have any detrimental effect on the drainage. Commissioner Pistor questioned it the water from Lakes "A", "B", and "C", of the Beachwalk development could be directed to the west end of the Development into the Lagoon, to which Bruce Green of Bruce Green & Associates, design engine~r for Beachwalk development, stated that the SFWMD's conceptual plan was followed. He stated that what goes into Lake "A" is the water that naturally flows there. He stated that tryin~ to run all this water to the west may create a larger ".( . problem than there is now. He indicated that the plan that the He reported that in ' , '~, ~ .' f.i~..",¡ç":.~.,> ~~~eec~wa~k d~velopment has ia:;h~;,~e~,;(.solution. .!;~ ~~e initial design, he looked :i~~o ~~m.missioner "P' Pistor's suggestion ,',; .'J·r,', and it did not seem feasible as it would overload the lagoon and still , . ,. ~ ~'; t . come back up. He noted that pa~t of the approval for this project is ," f '-.~ :". ~ "fn Page 57 t.DO~ 095 Pi',{ 34.4. ,'0 'J (. ., ,. '" ___""'...,.,._....__'.._'''',.~.,. .~.,..,...".,~,,""..'""'..,.,'~_.. _ ........-_~_o,_......__._..·_ 'DD( 095m,t345 C,U .'d ~ ~ ) " ... June l7, 1986 I!I;!: ;:::~~:~;:~:~~' :;:~;:i;;;;:;:;e;:;o:;;:::~;~::;;; ~;~:~;~;;i;;:;ill t:'~., \' i;~',' ~~licl!lln Bay, to which Commissioner Voss stated that Pelican Bay is ~~4 ~igher ground than Naples Park and you cannot make the water. go up the hill. t~:·¡,' '; ," : ,.~.: " í·~J,:" ~~t permit water to be taken from one drainage shed into another, ,1-, ~..~. ~ ~~. adding that if the water was taken sou~h into Pelican Bay, it would be ~~.' tak~n from one drainage shed and put in another. .,t.i~ ~. " fY . Commissioner Pistor stated that the County should proceed with the I: ¡iVß tudy in o,de< to de te<mine whet neede to he done, eddi n9 thet mo," ~; information will be obtained and this matter will be brought back to :c the Board on July 29, 1986. ~!1~'" ' M:: J~nes questioned what the design of the proposed wall for the t~ Beachwalk developm~nt is going to look like, to which Mr. Grover ~' Erickson, representing the Beachwalk development, stated that the wall t/:' will be built to code and will be a 6 foot high masonry wall. He Mr. Kuck stated that one of the problems is that drainage law does noted that it will be on the property line and will be built 6' above ground level. He reported that the wall zigzags, adding that it goes about 60' and then recesses in about 3' all the way along. He stated that where it recesses, shrubs and trees will be added. He stated that as far as the drainage is concer~ed, the Beachwalk development I··',.,:,,",'; , .-\ ~:': $ ~."Þ" , t;: ~f ,~ ' r~( :;0, <4 . ~<f Œt. ~..,;, ~,:' " ¡.:. Page 58 - - - ~" , " '.. ., June 17, 1986 will cooperate. 'I , commissioner Pistor stated that this aatter will be brought back on July 29, 1985, for further discussion. *** There being no further business for the Good of the County, the meeting was adjourned at 3s15 P.M. by Order of the Chair. BOARD OF COUNTY COMMISSIONERS/ . "BOARD OF ZONING APPEALS/EX ('~~ 'OFFICIO GOVERNING BOARD(S) OF " .." SPECIAL DISTRICTS UNDER ITS CONTROL .. .."'....,.,,{ -',1 . ~~'" ~~~!:If..o~;'". Air 'it ," ~". (! " _ ~,~. GI~.S\C~RK , "!:: :,::,,:, 'I, ",~~~.' ."'.£ ~.....~ j)/' ;" *"".t"~ J~'-- 'f¡/~ ·~R'\:,;\i~~'tes a~proved by the Board '. .. '! ¡¡ (). ß~' or as corrected onff~"" /tfi.a "eae?ted C . ¡.ó;Jf".'~J::~r.'I--~ ~·"I;:i ì: ;¡ ": ; "'j , , ";"; ~" 'I'" t, : ':;~ ! , J 0- ~ ¡' :' (;,t¡ ¡¡¡ '!.J¡ 1,;r.H'·", , , ' . r q.'. ' '~~ I. ( £'~:';' , , ' ." t i'; -, ~ 141, 'J', ~ j , ' . J. ~- i 1 : : ç' .., .'f'lfJ] .; " . 'I II'; 1';1 ,..1 ~(>' r: f j r, ì; . ,;;,":~':f'Ìi~;: ,; . ...,;; ... i .t-, '-"1 t ~ t r '...': ;:¡ : ,f', '.l ,t>lt L 1,'1 Or? 'pn "" t· :,.; ;,\~ t:" Ii (~!'~11 hííiJ;:' ,~ .: '~!, .¿' J ~¡.' ~j .. !ljlj. (':1; 1 ; 4 < ' I' ' '~ ; ~,! Page 59 &DDK 095 m,£ 346 .C~t (}(ì' r' ~'.:J'''~:' ,~,/ ;~:-.~~'h¡,' . ',1.; ',t, ',¡ ','<i;~' ~ /1';:1.:. :1' ~/~;~1' , >'Y~', >~f:'f,< ':.íitij¡,',' ,,~~ " ·,:¡¡:'!~t:~ , ,:+.,,~ ; \ \ ::<;