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BCC Minutes 05/21/1985 R &;;J c¡w ;:;:J Naples, Florida, May 21, 1985' " ' LET IT BE REMEMBERED, that the Board of County Commissioner. in and for the County of Collier', and also IIcting liS the Board of zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conductud business herein, met on this date at 9100 A.M. in Regular s...lon in Building "F" of the Courthouse Complex, East Naples, Florid~, with the following members pre.ent: CHAIRMAN. Frederick J. Voss VICE CHAIRMAN: John A. Pistor Max Hause C. C. "Red" Holland 'Anne Goodnight hLSO PRESENT: William J. Reagan, Clerk: James C. Giles, Fiscal Offlcer: Elinor M Skinner and Maureen Kenyon (2:30 P.M.), Deputy Clerks: Burt L. Saunders, County Attorney: Donald B. Lusk, County Manager: Neil Dorrill. Assistant County Mdnager: Pam Brangaccio. Deputy As.istant County Managerl Vickie Mullins. Acting Community Development Administrator: Ann McKim, Acting Zoning Director: Tom Crandall, Utili- tie. Administratorl Nancy Isrnelson, Administrative Assistant to the Board! Jeff Pðrry. MPO Director: Dr. Edwdrd Proffitt. Natural Resources Director: Don Norton, Public Services Administrator and Deputy Chief Raymond Barnett. Sheriff's Departm~nt. aO~K 087 m~ 211 Page 1 ~'W!UWod ..........__~~;~~_'.........................,__~~w-'"'" .----, .. ,.....,' ',"---. ~I':I' I ~MT"<!' '.__.....~ . ..... "._...i_. .--~~.'.,-. """..,.,""~"".-...~""....-_.,-_...........,.,_..",--- ~,~ ~r;~ 087 ~1;~ 218 ;;;: Tape '1 ,. Ite. '1 " . _nO ___..------ -- ..---.---.... .d ~.......... ~ -...-. ... ~;. ~~~~\~"f; ...~ , ...~ ..t,..... ..-....... ......', ... May 21, 1c}85 AGDDA APPROVED AS AMENDED Coaal..ioner Pl.tor .oved, .econded by Coaal..ioner Ha..e and carried unani.ou.ly, that t~e agenda be approved with the followlng a.end.ent.1 A. Item 13E - Add - Recommendation to reconsider Pet. R-84-45C at Commissioner Pistor's requ~st. B. Itom lOC3 - Re~ove 16C2 from Consent Agenda re Staff deter- mination of individual social services ca8~S assiotance for hospitalizdtion at County Manager's request, C. Item lOC4 - Remove 16C3 from Cons_nt ^ge~da re purchase of photocopy equipment for Agricul........re Dppt.. at County Manager's request. D. Item lODl - Remove 16D4 from Consunt Agunda ru accept^nc~ of water and sewer facilitie~ for Bp-ntley village at County Manager'ß request. E. Item 10A3 - Remove l6ElO from Consent Agenda re modification of Community Development Administrator position description and salary grade at County Manager's request. F. Item 6C2 - Ordinanc~ amanding Building Code - Continued to 6/4/85 at County Manager's request. G. Item l6Al - Legal advertisement for Planning & Zoning Director - Withdrawn at County Manager's request. H. It~m l6C9 - Approvül of legal advertisements for Paramedics and Emergency Medical Technicians - Withdrawn at County Mandger's request. 1. Item 16D3 - Purchase ~ole source fabricated splash guards for Utility Division - Withdrawn at County Manager's reauest. J. Item l6E2 - Authotize sole source purchase of parts to Trane Air ConcHtioning Chiller, Building "F" - Withdrawn at County Manager's request. K. Item 16E4 - Authorize sole source purchase of 1985 City Directories - Withdrawn at County Manð~er's request. Ite. '2 MINUTES O~ APRIL 25, 29 and 30, 1985 SPECIAL MEETINOS - APPROVED Coawl..ioner Pl.tor .oved, .econded by Coaal..ioner Ha.se and carried unaniaou.ly, that the .inute. of Special Meeting April 25, 1985, be approved. Co..i..loner Goodnight .oved, .econded by Co..i..ioner Pi.tor and carried unaniaou.ly, that the .inute. of ,Speclal Meeting April 29, I 1985, be approved. / Co..l..ioner Ha... aoved, second.d by Co..l..loner Pi.tor and carried unani.ou.1y, that the .inute. of Special Meeting April 30, 1985, be approved. Page 2 t::::1 ~ c::::= "" ~--_.----...-.-..-....-.'........ .......------ -----.---- .}i'..''10< "" þ'"J,-.,lo4<t ¡¡¡¡ .. c:;;; "¿'$;'> ",", Hay 21, 1995 " .-' COMaissioner Voss presented Employee Service Award. to tho following peop1u. Charles Carli.to - Parks & Recreation Willia. Edgar - Building Maintenance John Hall - Building Mdintennnce Jacinto Blanco - Road & Bridge Lazaro Blanco - Road & Bridge 10 Yrs. S 5 5 S Ite. t4 PROCLAMATION DESIGNATING THE WEE~ or JUNE 2-9, 1985, AS -RATIONAL SAFE BOATIIIIO WB.~- - ADOP'l'BD After readin9 the Proola..tion, co..is.ioner Pi.tor aoved, ..conded by Coaai..ioner Goodnight and carried unaniaou.1y, that the Proc1aaation designating the week of June 2-9, 1995, as -Natlona1 Safe Boating Wee~· be adopted. Mr. Jack Eden, of the Marco Island Coast Guard Auxiliary, Hr. Robert Molton, of the Naples Coast Guard Auxiliary, Mr. J. Gordon Henry, of the Marco Island Power Squadron, and Mr. Robcrt M. Golfried, of the Naples Power Squadron accepted the Proclamation with than~s. 100( 087 pm 219 Page 3 .... " v.. .... w-~ " , , '.. "-:". ___M' == ,.,/,;; ""'I ~; '.:V . "'f'.,¡;. ,:,.!-.'!' r;:¡¡; r;;;œ - M:!y 21. 19~~ Ite. t5 PItOCtNlATIOII DB8IGIlATUtO 'l'BK WEEIt or MAY 23-30, 1995, AS -.u.t, AMZRIC.Nf auaa...-up un- - ADOPTBD After reacSin9 the procla.ation, eo..i..ioner VO.. aoveð, .ecoocSeð by co.a1..ioner pi.tor ancS carrieð unani~u.ly, that the Proc1aaation cSeø1g'nat1n9 the veet of May 23-30, 1985, a. -All AIIedcan Buctle-Up Weet- be adopted. '..' lOOK 087 p~r,t 221 -, ,.~_......_.,.. . ~_..- Page <4 ""--""--''''''~'~'''-~-''' .. ':'~. s;;I ~ ~ May 21, 1985 Ite. t6 OaDIIIAIICE 85-17 U PETITIOJl -a"'4-2OC. tfILSOJl. MILLER. BARTO., BOLL , PRIt. UPUSDTIIIG LELY ESTATES. IJlC.. RB RBZOHIIIG rRJjH A-2 AJID A-2 .ST. 'l"O PUD. LOCAT'BT> ßETWKD US-oUS 1Jm RA1'TLESHAKE HAMMOCIt ROAD, WEST or CR-951 FOR 2,892.5 ACRES - ADOPTED, SUBJECT TO STIPULATIONS Legal notice having been published in the Naples D~ily News on March l5, 1985, aa evidenced by Attidavit of publication tiled with the Clerk, public hearing was opened to consider Petition R-84-20C, filed by Wilson, Miller, Barton, 5011 , Peek, represe~ting Lely Estates, Inc.. re rezoning fro~ A-2 and A-2 "ST" to PUD, located between US-4l and Rattlesnake Hammock Road, weat of CR-851 for 2,892 acres. Acting zoning Director McKim ~eferred to the Executive Summary dated S/l4/85, and explainp.d the ooject of this petition is to develop 2,892 acres into 10,150 residential units, Ii SO-acre resort center, 3 golf courses, 820,000 square feet of retail/office space on 84 acres, a SO-acre cultural center aite and a 22-acre school site. She atated Staff and all COunty agencies revidwed this petition and recommend approval subject to am~ndment of the PUD document and revision of the Master Plan per Staff report. Mrs. McKim said tho CAPC held their first public hearing on 4/4/85, and the major area of concern was compliance with the Compre- hensive Plan, adding that Staff stated originally the petition did not comply because of the amount and type of commerci~l. She said CAPe held a second public hearing on tha revised r~zone on 5/2/B5, at which time the r.APC recommended 5/2, for appru~al with the revised PUD as outlined ln the Executive Summary. Sh said the new languagft that was added to the PUD document prior to the CAPC second public hearing was in regard to payment for the transportation improvements as outlined in the memo from MPO Director Perry in the Executive Summary. &~e said the petitioner is requ~sting credit towðrd any future payments related to transportation improvements for dedication of the right-of-way for CR-864 and CR-951 which is not consistent to past Roard of County Commiasion action and should be deleted. She said Staff recommends approval of Petition R-84-20C subject to CAPC's recommendation with the deletion of the above mentioned language. She stated that Acting Planning Director Clark was present to address any qUðstions r~qarding the Comprehensive Plan and that Mr. Perry was present to address any of the traffic concerns. Mrs. McKim said this is a companion item to Petition DRI-84-3C, which could be conaidered simultaneously. She explained there are two lO;K 087 rA~! 223 Page 5 ", :1" "~. '..t,r'l- ,..""';. . 7'~ í, 41""" '·~~M:1o""·"'~·;~'~ç" "~1.".1;,¡;;"'~. ' ;."'..... ¡-. 1.',.- ;". .. ;.t, ,.." ''';;./~''.; .:.;. 087 f'\,.!.224 May 21, 1985 corrections to that Development Order and referreù to Pnq. 9 of the Development Order under No.3 Transportation, the SWFRPC's r~commenda- tlons Alternatives, "a", 5th line "recipient of the revenues this fee or a.seag..nt" chang. th~ word may to!b!!l' She said the second change 1. on Page 24, Section 7. change the period of years from lS years to 40 y~ar.. Commissioner pistor expressed his opinion that the County has to thin~ ahead about the County's water supply. He said he would liKe to .ee every future developer install secondary water supply lines, whether or not thli County i. ready to supply Ine effluent from the sewer plants, because th. will have to b~ ¿~ne in the future and this provision would cut down by a large percentage on the potable water use. He requested this provision be inçluded in the PUD document, in writing, and said he did not see any place where fire hydtants are mentioned. He said, ~ven though this m~y be under the safety factor, he wanted to make sure fire hydrants are put in the proper places with the proper size water lines installed that will accommodate them. Mr. William Barton, of Wilson, Miller. Barton, Soll & Peel<, Inc. representing the petitioner, stated that Mr. Dick Klaas and Mr. F.~rl Clare, of Lely Estates, Mr. Alan Reynold., Project Planner: Mr. Jack Barr, Traffic Enginl!er; Dr. Durbll1 'T'abb, Environmental Consultant: and Dr. Dall!' Frlln"on, F'i8C1I1 Anolyet, were present to respond to t'1]~stions. Mr. Barton said the density for lO,l50 proposed dwelling units is 3.5 units per acre with a proposed build-out of 40 years which will be approximately 250 dwelling units constructed per yrar, adding this is a type of project that should be developed slowly and absorbed into the community. He said the project will create approximately 90 permanent jobs per year throughout the 40 year period. He explained that a detailed fi8cal analysis has been done and submitted to Staff. the SWFRPC Staff, the Collier County School Board and the Eant Naples Fire Department. HI! said the fiscal analysis shows this project will have a substantial positive impact over the life of the project in each of those entities. He s.)id the develop~r h,~. dedicated a 50-acre cultural center site, a 50-acre Edison CommunitY¡Coll~ge site, and is prepared to dedicatd a 22-acrc school site, in spite of the fact that the fiscal analysis show. 'that the school impact will be positive. Mr. Barton sðid the developer has recognized that a project of this type will have an impact on off-site roads and has agreed through- out the documentation to pay hls fair share of th~ additional costa for Page 6 c:::::J ~ _. ..:.......':J ~ ~..,.,...~~~M.-::-:-'-::t,.,...-:.::;~~~~:F~~;::;,~__,:...~·~-::..,~.;';'~-::--·,r";'I~"::--' - " " . . . .~.__ ,."''''''''"'_''_ "....~.",.«_,,"_.._'_.......M'~'_._ !!II f'-J.I ~ May 21, 19B5 improving those off-site ro~d= that ar~ cr~ated by the project"s illpact. Mr. Barton said the existing drainage outfall for th~ site will continue to be its primary outfall after development And it goes through an area referred to as Price Street. He explained that Price Street, cur.antly, floods about every two years and, although this proj~ct will not increase the runoff, the project's stormwater man- agement plan is ò.signed to retain, on-site, any excesS waters created by the dev~lopment and the off-site runoff will not be increAsed. He said the developers have agreed, if Collier County will secure the rights-of-way and/or easements necessarf, the project will bear the cost of constructing those off-site improvement. to Price Street. Mr. Barton pointed out that t~e project has adequately addressed the environment and the developer has agreed to preserve those areas of .nvironm~ntal nature that are worth preserving. He said the developer has ~reated a stormwater management system which will have the poten- tial of significantly enhancing existing wetland areas that have been severely stressed by over-drainage of the area, created predominantly by the canal on the east sida of SR-951. He said the stormwater management system will step the water throughout the project, will hold higher water tables throughuut the dry period, thus enhancing the wetland areas. Mr. Barto~ referred to Commisøioncr Pistor'. question regarding a dual water system and said the developer agrees with him on this matter. He said the non-potable water needs ~re proposed to be met using three sources which include sewage effluent for golf course irrigation And surf~ce water augmented by groundwater for landscape irrigation which will be pumped from the lake system into a secondary non-potable pipeline for distribution throughout the development. He said the developer is committed to the crcation of a dual potable and non-potable water system, and to the use of sewage effluent as a source of irrigation water. County Attornoy Saunders as1<:ed if Mr. Barton would have any problem putting this language in the PUD document and Mr. Barton said he would not, adding it was his under£tanding that the developer is bound by the ADA. Mr. Barton referred to Commissioner Pistor's concern regarding fire flows And lIinimum pipe siz.. and said that this matter is not included in the PUD becAuse the developer is obliged to comply with the Collier County Subdivision Regulations. which requires a potable water lOOK 087 wt 225 PAg. 7 " ~f~..ihJt~,w.",~ -:'1,,;: ,'i',.· . ,..".,"..... ;'. "",-'~." "''-'---''''--=------' ¡viii. 087r;~,~226 M"'y '1 r 1 QR" system, .that ~inimu~ pipe si~es for fire flows is ðictated as six inches anð th%lt hydr.e.nt IIpacing throughout the proj"~t is dict60tAcL Mr. Barton referred to a question raised at the 5/20/85 BCC work- shop regarding commercial and Mr. ~eynolds ðistributed Exhibits "A" and "B" regarding this item. Mr. Barton explained these two charts show a comparison of commercially zoned property as a function of total land area and a comparison of commercially ~o"ed property as a function of dwelling units and pointed out that the charts have typical areas on the left aide to which this developmen~ is compared. He said the chart regarding total land area includes infl:>rmation taken from the COmpre- hensive Plan for thft first four items ~n the left side, North Naples, Central Naples, East Naples and South Naples which are Planning Dis- tricts as defined in the Collier County Comprehensive Plan. He said the commercial ~oned property in the North Naples District is 5' of the total land area and he explained that agriculturally zoned land was r~moved from that area which causes the first four areas to compare with the remaining four developments. He r~viewed th~ figures which show that the commercially zoned property in th~ vÐrious areas are all higher than the 2.9\ for the first Lely Resort development and 3.9\ for the second Lely Resort development with the exception of The vineyards which has 3.8\ co~mercially zoned property. He explained there are two items for Lely Resort because Lely has a resort centcr of 50 acres within its confineø ~nà that is shown as commercial because there is no other appropriate designation in the Comprehensive Plan for it. He said this area will not be commercial as is Ilsually understood since it will be a hotel with hotel features inherent in the hotel, b~t will not have any commercial properties designed to serve the residents of that area. 'I'.~ '2 Mr. Barton said the d~veloper does not believe designating this property as commercial ie appropriate, pointing out that the Pelican Bay commercial of 5\ does not include the: hotel in that development. He said, therefore, Lely Resort has the ,Jowest percentage of com~ercial property of any of the developments on fhe chart. He referred to Exhibit "A" which compares commercially zoned property as a function of dwelling units 'and said ~ly is at the bottom of the list of other areas. He said, since the developer has negotiated out commercial property, the devel~pçr feels that this project has insufficient commercial, but Staff disagrees. Page B ~ ~ ~~"f~:J.4rl ~ ~ Yi.~~ 1'-:~-;;~;:~; ",,;.<11r;:;,~~,r·~.i,:íf:.-~,';~1oilt};~~~,~;J.(~~.. (.;-, ~", ,~.':.:';~t,~:',r:,1~'~~~·~~,,,':""~':>:A~~~ ,~ ,.....__.......-'".~"- - == ~ ..... Hay 21, l')8S Hr. Barton said the isšue of right-of-way as a credit toward c)'t:-ait.e rO<àð construction hë.\a b6ðn allalyzðd tnoroüg1-.1y. H~ ;.:d.d ::ince the submission of the DRI application one year ago, all m^tters have been negotiated dxcept this issue, and he said he could not agree with Staff regarding the matter. He indicated the two and one-half to three .dles of frof,;:age of this development on CR-951 and said there may be a need for an additional 25 feet of right-of-way along the west side of that roadway. He said it is not illogical to presume that sometime in the future the property on the east side of CR-951 will ba before the BoArd of County Commissioners for rezoni~g of Dome type and he asked them to presume that this developllent w~, 1 be a Developa1ent of Regional Impact similar to the Lely Estates Resort. He laid there is a canal along this section and that no additional right-of-way will be required by those properties east of that lin~, consequently, he said it is unfair for his client to sustain the cost of the impact of this development on off-site roads and, at the same time, be requested to dedicate 10-1/2 acres of property when other developments that do not happen to be in ^ location where right-of-way is needed are not asked to do the same thing. Com~issioner Pistor asked how much right-of-way the developer will donate in this area, and Mr. Harton answer~d 25 feet, the full length of the section. Commissioner Pistor said that CR-95l is eventually to be four-lan~t1 ...nd HI! County ~It:eds a minimum of l20 feet. Mr. Barton pointed out that, currently, the County has a lOO foot road right-of- way and a 100 foot canal right-of-way and, wi t?~ this development' s donation of 25 feet, the County has l25 fep.t of road right-of-way. He said that the canal does not take up the entire lOa foot right-of-way. He said that his firm is designing Airport Road North with the same type of condition of lOO feet of road right-of-way and 100 feet of canal right-of-way, and he stated this road will be designed for a four-lane rOAd with no additional right-of-way. He said he did not understand why the developer is not to receive credit toward off-site capital improve~ents since he is donating the extra 25 feet. MPO Director Perry said the roquest for t~e additional 25 feet is a recommendation from the Transportation Department and it was his opinion that was made because the road design will be a rural section. Public Works Administrator Kuck said the Transportation Department will be willing to meet with Wilson, Miller, Barton, Soll ~ Peek to see what the fir~ is proposing for a future roadway section that could be built &OOK 087 PA~l227 Page 9 j·\.:.~,,~'..t¿: JG..'~\I.·.". . ~ ,-;Ü'¡J ',. v':'>-;-*' 'M ;:+10 .' ~.n\:~~ "" -------"'-'..._~..~~.".,,' -~._.._-"....".'~,~"_._..- ;;~ 087"',1228 May 21, 1985 wlthin the 100 foot existing right-of-way, adding that he has not been involved in this matter, thus far. Mr. Perry said that most of the align.ents Staff i. looking at in the Comprehensive Plan call for alSO foot right-of-way. He .aid there is a possibility, in the long range plan, that this may be a six-lane section of road as the north/.outh arterial at the fringe of the urban area. Responding to Com.issioner Has.e, Mr. J<UCK said the median width of this road would be approximately 20 feet. M~. Barton said that the Airport Road lIedian is 28 feet. He said that, he has not suggested that, ultimately, the 25 feet right-of-way mhY not be required, but has simply compared it with other projects cur.ently underway. He eaid the developer has stated p~ will reserve the 25 feet it it is needed and, when it is dedicated, the developer thinke it ia appropriate for this to be cons~dered whcn he is nskvd to pay capital coats to i~prove roads otf-e! te. Mr. Barton snid it was hill 1Jnd~retð.nding that there' has been a discussion of the existing drainage condition of Lely High School and he pointed out this project, by virtue of its stormwater management design, cannot and will not have any negative impact on Lely High School. He said Lely High School is served by the Naples Manor outfall canal which this project does not use. He said drainage from this project 90ee south under U5-41 through the Price Street urea Ðnd even- tually through Eagle Creek into Henderson Creek. He said his firm has not been involved in the Lcly High School drain~ge which does not drain well, now. He suggested that significant portions of the problems are on-site as well as off-sitt!. lie said the Loly Estates Resort givee the potential for both a short term and long term solution to the outfall problem but the project cannot be a panAcea th~t will cause Lely High School to start draining properly, since that site will have to be reviewed and the improvements on-site will h~ve to be made. Hp. said there is an existing railroad ditch on Lely Estates Resort which the developer can leave in place, because it is not in Phase 1., and he said it was his opinion that ditch could be u7ilized to improve the out-fall condition for Lely High School between now and th~ following SUmmEr. He said, long-term, this project's stormwater management plan can integrate and a'ccept the stormWl1ter run-off from Lely Hiqh School which will be a distinct improvement. Commissioner Voss said he has asked the School Board to survey the situation and he asked if Lely Estates gives an easement to go 3cros. Page lO ~.'" ~ 0~ _~.J ~ ('/ " ',.. ~~,. ,~., . ,~:~\1;~ ~'.~'",¡~:~~~:~~:~ '.roo' " ,,'-' -,,-, ~---,;_.~---,-- ~ ...... ~=J iiIi May 21, 1985 that area, if it ie advi.able after that hna been done, to conn@ct a swale into the railroad right-of-way? Mr. Barton said the developer wit) give a te~porary ~asem.nt, ~dding th~t tho railroad ditch runs up to the north ~nd of the Lely High School proper~y. Mr. Barton referred to the potential for a Lely High School east entry And said the development's current plan provides for that road to be built, howev~r, the problem is timing since it ls hi. understanding the High School would like this entry to be built, imminently. He said that area is not where the development will begin as it will start, logically, on US-41. He said the construction of the above m~ntioned entry would not facilitate this project and, when ð road is built, the utilities and storm drainage must also be bl'~lt because the road will be destroyed if they are not done at the beginning. He said the cost to put in the entry road, at this timer would be well in excess of $l,OOO,OOO and would he a burden the developer cannot bear. He said the entry road will be built as the project progresses but it cannot be constructed at this t\me. Tape '3 The fQllowing persons spoke in opposition of this petition, citing the possibility of flooding problems: n~gative impact of traffic: school Ðnd fire services: the project is so large it should be divided into eeveral smaller PUD's: that ~he development should be required to supply its own sewer and water plants and fire department due to its size: and questioning whether this developer is paying his f~ir sharel Mr. Harrison Lane, re6ident of the Lely area. Mr. George Keller, President, Collier County Civic Federation. Anne Kinsman, resident of Lely Estates. Commissioner Voss suggested that, following this meeting, a time would be arranged for Mr. Lane to meet with Staff in the Public Works ~epartment regarding his concerns with possible flooding in the area. Commissioner Voss said that impact fees are collected at the time building permits are issued and, if there nre impact fees to be levied at some future date, the fact that this project is a PUD has nothing to do with whether or not impact fees are collectable. Ms. Bettie Gulacsik, representing the League of Women Voters, expre.~~d her concern about the right-of-way since giving credit to a developer like this has never been done before. She said, if the dedication of this right-of-way is ten years in the future, the County taxpayers may be paying a large amount for 25 feet of right-of-way compared to the cost at this time. She referred to Page 78 of the PUD aoo~ (J~j(p~~~2~IJ pag. 11 } :' i~ i 'e"','" ._. ..\,.'~~.¡?~A;:;":r/ "," """,,,"'::'~I~x; ~1'·i. ,->;1, . 4,', . ",.' ,-. -,........--,..-........-'''''''''.- , . . '. . .. .. r::::::J ! '.,.: ,.. I ~ ..:-,"1"''':.0'* J;¡~' 0('\7 ",....... o 'Aí~~JU May 21, 1985 document And noted on U5-41 going west from CR-95l the developer recom- mend. that there be five acc... points in le8s than one mile, and she .u9gested that three access points would be better with regard to traffic conditions. Commis.ioner Voss expres.ed hi. opinion that there is merit to long-range planning, pointing out that he was not speaking as An advo- cate for this project. He said long-range planning was not done on the East Coast of Florida and that has Áesulted in the problems experienced there. Responding to Commissioner Gor'''Inight regarding the dedication of 25 feet of right-of-way, Mr. Barton said t,\at the documentation speaks to the value of the property at the time of dedication and, if that is now, the value would be the current value and it the dedication is made in fifteen years, the propcrty would be valued ^t the price applicable in fifteen years. He said that the developer has agreed to pay the project'o fair share of future off-site construction costs for roads which is not based on today's dollar, either. Mr. Barton referred to Mr. Keller's statement that the development should have its own sewer and water plants and explained that provi- sions have )jet1n m~de to I~O juot that unless Collier County wants to use the impact fees that will be gene~ated by this project to build that off-site facility. lie said, if there are impact fees iDlposed by the State of Florida, the fact that this is a DRr mnkes no difference and the developer will pay just as everyone elne wilL Commissioner Holland asked if the matter of the development paying the fair share of off-site road expense is in the DRI a~d Mr. Barton said it is in thp. Development Order. Commissioner Pistor said this matter is Dlentioned on Pages 14-3 and l4-4. Mr. Barton requested that the Development Order be ~pproved as written with the two corrections requested by Mrs. McKim previously. Responding to Commissioner Voss, Mr. Perry uaid in the past it has been the practice for the County to obta~n right-of-way dedications at the time of razoning. He said there is ~ significant benefit gained by the County and the petitioner when he is dedicating a right-of-way and the road is expanded to improve his property as well as others. He said this siludtion refers to right-of-way along the northern bo~ndary of Rattlesnake Hammock Road and on the eastern boundary of CR-951. He said the particular langudge being questioned, in the event that the County asks for dedication and the developer does dedicate it, deal. Page 12 t "., ~'.:.....,....-:~'.::-'''~- ...,"-' .~~~~' .~~'"~:'J::1T:;iii''' ,', .....'P.'.."', "-:.~ ,'I"'; _·~··_·.·~·W· _ . .., ,. ~.-- -" t"" ;.-; e¡:;a - O!"W-1.J/a - May 21, 19B5 with the fnir market value determined at that time, which woulc\ be credited toward any commitmentA the developer makes in tho Development Oxùer for improvements to Rattlesnake HammOCK Road, US-41, or CR-951 or any other roadway construction. He said that does ~eem to be too unfair. He eXfohined the Infrastructure Impact ^dvisory Board is close to completing its recommendations and, in the event that impact fees or some other method of collecting revenues are imposed, this language says that the developer would dedicate right-of-way, would be credited for that right-of-way and each individual property owner would have to be credited, who would pay impact foes, with a portion of the cost of that right-of-way. Therefore, th~ credit would qo t)ck to a future homeowner. He said any development that has dedicated right-of-way that still has buildinqs to be constructed would also be paying any impact fees, special assessments or funding formula mechanism created by the County and there is no credit going to be given to them towards any right-of-way they might have dedicated. He said that has never been done in the past, and he stated there are several large DRI's on the books, presently, that have committed to dedicating right-of-way and to the fair share contributions, whatever mechanism is finally determined and they would contTit'cte to both. He said that Marco Shores contributed significant portions of right-of-way to CR-951, yet they are committed to signific~nt improvements along US-41, and he added it would only be fair, if the County will give credit to ono, that credit be given to all in the past and those in the future. He said it is too large ð,n issue to go unrellolved. Commissioner Pistor said that he did not understand why the 17-1/2 feet on Rattlesnake Hammock Road would involve any credit because, if the County needs 17-l/2 feet on one side of that road, the County will need 17-1/2 feet dedicated on the other side and everyone will pay. Mr. Barton said that the other side of nattlesnake Hammock Road is already developed and there will not be any donation and the County will have to purchase that right-of-way, unless someone does elect to donate it. He indicated the location of that section of Rattlesnake Hammock Road on a map. Commissioner Holland referred to "The Vineyards" approved at the 5/7/B5 BCC meeting and aSKed if the same formula f.or credit ~or right- of-way dedication was used for that project? Mr. Perry said it was not because the developer did not request credit for future improvoments, although there are significant roadway obligations to which the lonK 087 p~r,t231 Page 13 ¡,' 'J ".~' ~ ."".I;'~ .,~._.,-,~",.,.,.,.".,._-,.",- .. . ~. - , 'f.~..._--f""'t_ ~~.(J'tI"-"""''''-'_J.. ..... ,~ ,4,', ...~·_---""t~p~1f~;;ì',."'IMJf:. , , ..., '* 087-..?i1? May 21, 19f5 ,~,~¡..,v¡.., developl!r agreed. H. said that the developers of The Vineyards were required to agree to a fair ahare ot off-aite development as well as dedicating right-of-way. Mr. Barton explained, as this project is developed, each parcel of land in this project that is sold to a third party will have language that .tat~s any future coat of roadway iMprovements that ia obligated of the land will be paid by that person. He said he feels it is fair for that thi rd party to pc.y only once, because t).., developer will pass the obligation along to the consumer. Commis.ioner Voss aaid he did not aee why the CO:lnty should make an exception for this development ain~~ a precedent haa been estab- lished in the case of "The Vineyards" and other developmel'ts r.egarding this iaaue. Mr. ""'underll II/dd. if th.. C'.ommillllionprll ",,.("inp th...t th., ....."..In!".... should receive a credit for the right-of-way, the CommiB8ioT,ers may want to suggest that the right-of-way be dedicated immedi~'ely so that the all10unt of the credit would be fixed at the value of t.he land now. He said, in the futurt:, if it is determined that the Co.mty does not need that right-of-way, the COunty could dedicate the ~and bacK to the developer and rescind the credit based on the curren~ value and this would allow the Commissioners to Know what the cr~dit would be. co..i.sioner HOlland aovod, .econded by Cr,..issioner Pistor and carri.d unaniaously, that the public hearing o. closed. Mr. Saunders stated for the record that this is also the public hearing on DRI-84-3C so both public hearings ~ould be closed, but an extra motion would not be necessary. Responding to Commissioner Hasse, Mr. Saunders elaborated on hia suggestion regarding dedicating the right-of-way immediately and establishing the value of that land at the current value. Commissioner Holland pointed out that there hav~ been efforts directed to four-laning CR-9S1 for years and he did not think this i. tho same situation as other developments.: Commissioner Pistor said he felt it was the same principle as ~The Vfneyards" because Livingston Road is in the long-range plan to be co~structed and the right-of-way has to be obtained so that whoever owns the land in that nrea will have to contribute their fair share of development of Livingston Road. Commissioner Holland said that there is a difference because Rattle- snake HammocK and CF-9S1 are substandard roads now and they are in existence and being uS9d by people from Marco Island and everywhere Page 14 í~7;. :. ] ["'" ,. :d r:::J - -.....---.----.--.. .~.-~-~''''"''':':.~...,....''''.,.,~ ",.,", ...~. J,'~"::...., ..:I.;,..~'·,j.''7'''':'''Eo;r;r.,:¡::~. . - . ~- :r - r:=a - =:I t::::J Hay 21, 1985 else. He said, if the land is taken from the Lely Estates Resort development, the developer should b~ given credit. Mr. Barton said, in order to expedite this problem, his client has stated he will concede the right-of-way credit. Ha implored the Board of County Commissioners to look at this iSlu~ carefully, adding that the reason he hal been so concerned is bec~u8e the consumers will be the ones who pðy the extra costs and n"ot the developer. H& said it is inappropriate for certain consumers to pay more than their fair shar~. Co..i..ioner Pistor .eved, .econded ~2 Co..i.sioner Has.e, that the Ordinanc. a. nu.bered and entitled below be adopted, subject to CAPe reco...ndations with the deletion-of language regarding credit. towArd any future pay.ents by the d.veloper r.lated to tran.portation i.prove.ent. for dedication of the right-of-way for CR-B64 and CR-951, and entered into Ordinanc. Book No. 20. Mr. Saun~ers said that the motion should include the mention in the PUD that there would be a secondary water reuse line as contained in the Development Order and a temporary e~sement to help the drainage .ituation with Lely High School. Mr. Barton said the developer would not have any objection to there baing language in the PUD that reflects that temporary easement dedication. Co..i..ioner pi.tor .oved to a..nd hi. .otion, .econded by Co..i.- .ioner Has.. and carri.d unani.ously, to include the 2ention in the ~~D that th.re be a ..condary water re-use line .. Lontained in ~he D.vel- op.ent Order and that th.re be a te.porary ea....nt to h.lp the drainage .ituation with L.ly High School. Upon call for the original Dation, the .otion carried unanisou.ly. ORDIBAlfCE 85-17 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS POR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS HAP NUMBERS 50-26-5, 50-26-9 AND 5l-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY PROM A-2 AND A-2-ST- TO -PUD- PLAtlNED UNIT DEVELOPMENT FOR LELY, A RESORT COMMUNITY LOCATED BETWEEN US-41 AND RATTLESNAU 8AHMQCft ROAD HEST OF CR-951 AND PROVIDING AN BFFECTIVE DATE. &ODK 087 w'~ 233 Page l5 ". , ~',.,. '. ~;t· ,.,~ . ". ------- , , ....,.~ 11P7 r I..,.J........ ~ II IJI J _....iLl œ ,!WAit· ..~ ......., ... ... ~;$';:':'~' ~,~~ !~;-~. 17\... ~ ì!)~" .. ~¡\',aoO( 087n~'l236 May 21, 1985 ~,',tt." .7 .~. i¡o¡\\'. ~I, DRt-85-3 U PETITIOR DIlI-84-3C, WILSOR, MILLER, BARTOli, SOLL , P.zEIt, ~f::\l,,': UPUSD'l'IICG LELY E8'1'ATEI, nc., u: DBVBLOPMD1T 0.. REGIOiiAL IIotFACT J'Oft . PROPSIlTY LOCA'l'&D BJ:'nfEJ:1I US-41 , IlAT'l'LJ:SIIAKJI: HAMMOCIt ROAD, WEST or CR-951 - ADOPTED, SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on February 14, 19B5, a. evid.nced by Affidðvit of Puh1ic3tion filed with the Clerk, public heaing was continued from April 16, 1985, to consider Petition DRI-84-3C, filed by Wil80n, Miller, Barton, Soll & Peek repre.enting Lely Estates, Inc., re Development of Regional Impact 'for property located between US-41 & Rattlp.snake Hammock Road, west of CR-951. Since this ite. was di.cu..ed at the sa.e ti.e the previous ....~li.lûli ... ül...:u...ü, ':u~l...i.un.i rÃis.û;; ÎlÎÌliiv~, ..,;:¡vïu:.~ ~:ï C.:ï":".- .ioner Goodnight and carried unaniaoualy, that DRI-85-3 re Petition DRI-84-3C be adopted with the changes of the two wordn in the docuaent of 40 year. inatead of 15 years and on Page 9 change the word ~ay to shall. I I / I Page l6 .' , :::::= !i!!!1 iiii ___.._........__.._.___ ..M_--_~ y-----r- ..' 1. ..~·.t 1',~~,..,..... ... ~ , " 087n~t262 'Ô!f' May 21, 1985 RECOHVENEDI 10135 A.M. U. .*.RECBSSI 10125 A.M. Ite. '8 O~I:A:C: 05-10 RE PETITION R-B4-3BC, JOHN PORZIO, RB RBZOYING PROM A-2 . A-2-ST- TO A1 AND A-1-ST- !'OR 20 ACRES LOCATBD APPROXIMATELY 3/4 MILE SOU'I'B OP DAVID C. BROWN HIGHWAY AND 1-1/2 MILES WEST OF AIRPORT ROAD ADOPTED, SUBJBCT TO STI PULAT I 01!JS , PETITIONER' S AGREEMEJIT ACCEPTED Legal notice hðving belln pubUshf!d in the Naples Daily News on April 19, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing waS opened to consider Petition R-84-38C, filed by John Porzio, requesting rezoning from A-2 and A-2"S~" to A-l and A-l"ST" for 20 acres located approximately 3/4 mile south of Oavid C. Brown Highway and 1-1/2 miles west of Airport Road in Section 38, T48S, R26E. Acliu':l zUlli",:! DiLt:clut rk.:Kiu, 1'",1:..1'1'....1 lû lh.. EXê:cut1ve SU¡¡Uiiary dated 5/17/85, and explained that the objective of this petition is to rezone the property to A-l and A-l"ST" to continue farming the prop- erty. She snid Stnff and all County agencies revlew~d this petition and that Staff and the EAC recommended denial because the petitioner illegally cleared a "ST" area on the property. She said the CAPC held their first public hearing on 12/20/84, and continued the ~~tition and directed the County Attorney's office to resolve the violation. She said the County Attorney's office and Staff held numerous meetings with Mr. Porzio who agreed to replant the fIST" area. On 3/7/85, she explained, the CAPe continued the petition again, when Mr. Porzio arrived late after the petition had been continup1 to 4/4/85. She said, since Mr. Porzio did not fully agree ",':'th E,taff reL'_¡~ -,dat:'Jn1, Staff met with him and worked out an agreement as ind1cah'd on 't', Executive Summary and in the Petitioner's Agreement. She said on 4/4/85 the CAPC recommended approval subject to Staff stipulations and Staff recommends approval subject to same. She said the petitioner was present to respond to questions. In response to Commissioner Pistor, Mr. Porzio stateå he had a permit to clear the land. Mrs. McKim clarified that the permit was to build a house on the property and not to clear the land. Commissioner Pistor referred to the stipulations regarding maple and cypress saplings that are to be planted and that 80% survival shall be guaranteed for the first year and 60% survival shall be guaranteed for the second year ofter planting. He said he did not know why the survival rate should not be 100\. Mrs. McKim said the 80\ and 60\ Page 17 ~~i:::.ì ~J ~ c:J .._.-___ _____<v~_._.' '..:.>. ....r',.:¡,..;';:',··,· ¡. H'_,,', "/~'f:""':':-~-·I::':1':~:'·~ .' .4".'_j.'..'_ . ~ '.". .. ~ ._, "",...-.""..<0>'.-' w_.. ..... _ow ~ ~.. - r;:a ~ ~ May 21, 1985 figures were agreed upon between Staff ^nd the County Environmentalist and are typical survival rates for such projects, adding that 60\ sur- vival should replicate what was originallY on thJ land. Natural Resources Management Dir.ctor Profitt said those figures w.re recommendfld by the Division of Forestry. n. 5<1id, ðftcr discus- sions held at the Wetland Conference last week, Staff might recommend i high.r survival figures for fu~óre projects similar to this on.. Commission~r Voss pointed out that the trep.8 are to be planted five feet apart. Commissioner Hasse asked if there was any penalty involved in this matter and Mrs. McKim advised that the ordinance does provide for a penalty, however. ill this CD,:;C the petitinnpr has aqreed to replant the trees and Staff has not pursued any legal action. Coaaission.r Holland aov.d, ..conðad ~ Co..i..loner Pistor and carri.d unaniaously, that the public hearing b. closed. Tape '4 eo..ission.r Bass. aov.d, s.conded by co..ission.r Holland and carri.d 4/l, Coaaission.r Pistor oppos.d, that the p.tition.r's Agr....nt be acc.pt.d and that the ordinanc. as nu.b.r.d and .ntit1ed below be adopted subjrct to Staff stipulations and .nt.r.d into Ordinanc. Book No. 201 ORDINANCE 85-l8 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHØS:IVE 2;ONINC REGULATIONS FOR THE UNINCORPORATED AREA OF COLL1~R COt-TrY., FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAf MAP NL~BE~ 48-26 BY CHANGING THE ZONING CLASSIPICATION OF TH~ ~E~IN DESCRIBED PROPERTY LOCATED SOUTH OP DAVID C. BROWN HIGHWAY FROM A-2 AND A-2-ST- TO A-l AND A-l-ST- FO~ 20 ACRES, AND BY PROVIDING FOR AN EPPECTIVE DATE. 087 '~r,t 263 &OO~ Page 18 ". .." ... ....~ "~i. ,..~* -"... -~.,,~~-- -.-.... ._~1tt'"~. t~~~ Ü;K 087 rm 266 It.. U ... PJrl'ITIOM PDA-85-1C. WILLIAM VINER, REPRESEMTIMO LELY ESTATES, RE AMEJ!I:tœII'l' TO BA!ŒPOO'l' BEACH pun - COL'l'l'IW~D '1'0 6/4/65 FOR STM'1' TO STUDY PJrl'ITIOIBR' S PROPOSAL FURTHER May 21, 1985 Legal notice having been published in the Naples Daily News on April 19, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-85-1C, filed by William Vines, representing Lely Estates, requesting amendment to Lely Barefoot Beach PUD. Acting Zoning Director McKim explained the objective of this peti- tion is to amend the Lely Barefoot Beach PUD to allow a mix of single family, cluster and multi-family uses) to enlarge the project area by 176.65 acres consisting ~ainly of open watcr and ~angrove areas~ and to increase the maximum number of dwelling units from 499 to 713. She sald Staft and all County agencies reviewed this request and that the Utilities Division and the Subdivision Review Committee had no objection subject to their stipulations outlined on the Executive Summary dated 5/14/85. She said the project lies in the Little HicKory-Bonita Shores Fire District and the North Naples Fire District and both have indicated a problem as far as water volume and pressure problems. She said that North Naples has an additional problem of serving the area. She sta~~d the EAC recommended denial for the reasons indicated on the Executive Summary, referring to concerns regarding possible affect of a hurricane to the property and the request for an increase in density. She said the Planninq aòd Zoning Staff reviewp~ this request and their comMents are outl.rd .~ th~ Staff report. She said the comments pcrtclning to ·.t,e speciílcc (~, :..he PUD document were relatively minor but they have not been incorporated into a revised PUD document and they are substantial and need to be considered. She said Staff had 8everal major stioulations for approval to which the petitioner did not aqree, therefore, Staff recommends that no residential development occur on Tracts "F" and "G" on the 80uthern half of the project: that 110 of the requested additional 214 units be approved but located on Tract "H", ,which/is an interior upland tract, plus what could have been developed und:r the original PUD. Mrs. McKim said the CApe held their public hearing on 5/2/85 and the petitioner 'argu"d against Staff's recommendation8 stating it would not be economically feasible to allow residential development on the southern half of the project. She explained after a lengthy discussion the CApe voted unanimously to forward this request to the Board for Page 19 ~ ~ t:::J ~.'..".' ~ . :1'....·f·..:r~~.::·~7r~·~t::·~...·~ ,;·~,:~7:~~~....hn'. ~'..;.. :..";o:,'.:,'Þ'",",:.T.t.~,,,ær..;:¡·-. I '¡"~.i"~,", ··~~...Y.. - - -Di r::¡;) Ma y 2 1, 1 98 5 approval .ub1~ct to the foliowing stipulationsl l. Relatively minor changes to the PUD document as recommended by Staff. 2. The maximum number of units in the southern l/2 of th~ project not exceed what could be developed under the current PUD (l44 units) and that those units could be cluster and/or multi-family residences. 3. The requested additional 214 units be pl~c~~ on Tract "A" plus what could be developed under the PUD (355 units) resulting in a maximum number of 713 units. Mrs. McKim said that Staff met briefly on 5/8/85 with the peti- tioner and he indicated he could not agree with the CAPC stipulations. She said the petitioner agreed to devo!op footprints of various scenarios for Tracts "E", "f", and "0", however, those have not been submitted. She said they were neceÐsa~y prior to any negotiations on Stðff'. pùint. of vi~w, t.11..r~fure, Staff recommends that the Board of County Commissioner approve this petition subject to CAPe stipulations. She said the only area that has been developed is th~ platted area, originally approved for l32 units, and she said the projected build-out is 91 units. She said the reason for the difference is because people have purchased one and one-half or two lots which decreased the total number of units. She said the platted area will not change, however, the units on the beach side tracts are increased with the exception of Tract "D" which is a small tract. She said thA number of units on Tracts "E", "F", and "0" èlre being significantly increased. She laid Tract "F" is proposed to be increased from 98 uni ts ".0 308 and Tract "G" is propoaed to go from 46 units to 100 u¡¡its with tile' t. "1 nl"lb~'r of units to be 713 units. She said Staff r(~ccmmends moving U11!' '''I!~,J from Tracts "F" and "G" to Tract "H", increasing Tr~c· "H's" nu~ber of units. She said the reason is because Tract "H" is an interior tract and it is a better location for development. She explained CAPe's recommendation which maintains the number of units along the beach-side tracts, increases the units on Tract "H" and allows the proposed 713 units. Mrs. McKim explained the gross density for Petition PDA-85-1C is approximately 2.15 units. She stated that ~ developer cannot build seaward of the Coastal Construction Control Line. She explained how density is calculated on a property with 6 units per acre being the multi-family range and 3 units per acre is closer to the single family range. She referred to the calculations she did for the current Barefoot Boach Master Plan and said that the density ranges from 1.9 units per acre to a high of 8.2, which is mUlti-family type of density &~; 087 ~~r·E 267 Page 20 '~ ~"!:' .",,' ~... : - ""''''..... - --....., . .', \OOf. .._'---.'~" -,.,..........'......,,-"',.,.' -~ ...~,.-,.--. r;.;':ij~r"~,,.... 081 w'.26B ~ay 21, 1985 but not extremely high. She sai~ the propoœed rezone plan density ranges from a low of 1.5 units in Tract "H" to a high of 23.7 units per acre, which is an extremely high ðensity on this land and added that is Staff's major concern. She reiterated that the petitioner indicated that he needed to develop building envelopes for the tracts of land which concern Staff, but those have not been submitted to Staff. She said prior to further input from Staff that information is needed aa well as the comments of the petitioner to see if the proposed unit. can be developet'!o Utilities Director Crandall said on this item, as well as the next item, Petition PDA-85-2C, the Utility Division submitted the normal language stipulations about ownership of utilities. He said the Division has not received approvals from the developer that he would agree to those stipulations and he said he was concerned for that reason that the Board of County Commissioners' approval be contingent upon the CAPC stipulati~n" as they are stated with regard to the utilities. Natural R~sources Management Director Proffitt said, because of current State and Federal philosophies that discourage construction on barrier beaches, Staff of th~ Planning and Natural Resources Management Departments felt they WOI~l,d be remiss if they did not consider the new proposals in light of the 1985 kn?wledge, rather than the knowledge available in the mid-'70's when the original proposal was approved. He said because of the high storm hazard potential of the coastal barriers in general the original project woulò root be permitt~~ if judged ~y current st~ndards. He said that statement 16 based on tÞh C~~Pt~) Barrier Resourcen Act of 1982 which Wo'1l1J pas£":!d '.:Jy the U.S. cOI.~r('ss and signed into law by President Reagan which precludes certain federal subsidies, including flood insurance, for construction on undeveloped barrier b~acheG. He gdve each Commissioner a copy of the Coastal Barrier Resources Act of 1982 and said he recently received a letter regarding that law which states that the ,l,'1W cov('rs coastal areas that are undeveloped that are defined as beaches that contain fewer than one I structure for five acres that is roofed~ walled and covers 200 square feet or more. He said when the law waS drafted and passed in the early 1980's, Lely Barefoot Beach was not included probably because it was already zoned P~D, which means that it was, and currently is, eligible for Federal subsidies for flood insurance. He said the document he gave the Commissioners includes a letter from the Department of Page 21 r.. .,1 [~'>~~.~ c::= ",.~4<,~~ .' . ,,- -..-.-..-.. .~--- ",,"'~"'\"'i -.':.~:..;Jo". 'I'"..~ '"'~:...,.. 'C~"'j~ -,!,,'ù" :''''':'1',..,,~.¡..,~;.:.~:. .. ,.' ..... - ¡¡¡¡e ~ May 21, 1 9 B 5 Co~munity Affairs dated 2/l5/85 that states the U.S. Department of the Interior has included a large portion of this particular coastal barrier, includinç much of tho Lcly Ðnrcfoot B~ach PUD, as a propo,ed addition to the list of areas that are not eligible for Federal .ubsidie.. He referred to the final pa9~ of the information he had distributed and said that shows a map on which he outlined the portion the Department of the Interior is r~comm~nding be added to areas not eligible. He said this me~ns thðt a coastal barricr stu~y group for the Department of the Interior will recommend to the Secretary of the Interior who would recommend to Congrcss that Lely Barefoot Beach not have Federal subsidip.s unless thðy ^re convinced otherwise by 6/30/85. Dr. Proffitt said his next concern is the potential storm and erosion hazar~s on coastal beaches which relates to the above point because it is lnrgely due to storm hazards and erosion potential that laws restricting construction on bnrrier beaches were developed in the first place. He cited ptatements from Coastal Geomorphological Experts found in the book entitled Living with the West Florida Shore publishcd in 1984 by the Duke University Press and is authored by eight persons noted for their expcrtise in barrier island geology, geomorphology, coastal construction and coastal ecology. He listed the authors who he explained ara recognized as foremost authorities on coastal barriers. lie said in the book the beach is referred to as a river of sand because of the shifting and dynamic nature it can have. He said an important factor to consider regarding this petit.ion is storm beach recession and he read a statement from the book tÌìat indicated durf, ... ..torms, ~":')ss of sand can be rapid and extensive, hO\'oleVeT, low energy wö','elt L.'· '!..!" storm events will start to build the beach ';.,ad, up and a bigç;l.Ir ì'roblem arises when there is d hurricane or 100 year storm that occurc or when two or more storms occur in a short time span when net erosion of sand ~ay be extensive and may result in loss of the foredune and a consid- erable landward movement of the mean waterline. Dr. Proffitt said that the second point of ~oncern is inlet forma- tion and explained thnt barrier islands or peninsulas, such as Le1y Barefoot Beach, may suffer over-wash and subsequent formation of inlets during storms. He used a diagram to demonstrate what happens when storm rainr and storm surges push a wall of water that goes into the estuarine area and the water then see)c:s an outlet as it runs back to the ocean resul~ing in a pass in the land. He said there are many examples of beach erosion and storm destruction includðd in the aD; 087 ~C,! 269 Page 22 ~, .4. ._~ ....~.,...........""'I"'-, ...~ -4 ..~ "1"...... .. "'!.. ._.0'.1......~... . ~, ~ ;.; 087rs"-!Z7t) May 21, 1985 pr.viou~ly mentioned book and in newspaper report. and that book states the cro:icn potential of the Lely B:rcfcot Beach region is cited as h1~h to extreme. He addressed beach recession in the area and said the book states there was 180 foot beach recession from 1885 to 1970 in the northern and middle regi~ns of the Barefoot Beach Peninsula an~ that there is a 90 foot be^cÞ recession in the southern areas, including the Barefoot Reach Par); over the same time span. He said that data gathered and analy~ed durl~g the COllier County Coastal Zone Management Study suggests that has bee~ a slowly receding shoreline for the mid And southern regions of the Lely Barefoot Beach areas considered in this PUD. Dr. Proffitt said there are aerial photographs thðt show the exiatenc<! of an inlet in 1952 in whAt are now pl!rtø of 'T'rðctfl "F." and -F" and he pointed out those regions indicated by blac); dotted lines on the posted Master Plan. He saið in 1962 the aerial photographs show that the pass is no longer there and suggested it may ha',e been closed by storms. He said that topographical USGS maps refer to the pass existing back to the turn of the century. He said the pass exicted in the area that is now proposed to have a reasonably high number of dwelling units. Dr. Proffitt said, because of the stated philosophy adopted by the Federal Government about construction on bar.rier beaches, the storm ha~ard potential of the entire Lely Barefoot Beach area as noted in the book he ci ted and the County Coastal Zone Man.:JgeI:1ent Study and ''''':'Iuse of the possibility that the inlet thl1t W38 in Tracts "E" and uP" c<.",....:' reopen during a major storm, Staff felt it could not :lupp,:)rt the proposed change in the existing PUD that would increase the number of units of people on the beach over that already permitted in the 1977 plan. He said, based on these fnctors and the discussion held during their meeting, the EAC concurred by voting unanimously, with one member absent, to deny this petition. Attorney George Vega, representing the petitioner, sl1id that Mr. William Vines: Mr. Dave Tackney, former ~oastal Engineer for the State of Florida for the DNR: Dr. Andrew zuri¿k, involved in teaching environmental and cOdstal planning And water resources: and Mr. Stanley Hole, Project Engineer were present to respond to questions. He said the developers were also present. Mr. William Vines explained he filed this application on behalf of the owner. He said he was puzzled by Mr. Crandall's indic~ti~~ that Page 23 ~..'." ~ [:. J r:::= . .' __, _ .~.h~_~". .~, . ~...;,=- ....;.~ ..~ ..-" '- ....~... _.-._--..._--~..._...., "'~ ~_." ,,". ,. ....~. ,..-'...._~__..w__~.,,'~_ -.-- ... œa ~ May 21, 1985 the petitioner has not committÐd to tho Utility conditions because that commitment was provided, along with a number of other requeats from Staff, on 4/26/8S. He said there are two applications being consiðered this date, one involving the main Barefoot ßeðch project which was approved by this Board in 1~77 and the second involving the northern- most beachfront tract in the project, which was approved in 19B1. lie explained those tracts are in the same ownership and, collectively, are known ðS Barefoot Beach. He said the development plan approved eight years ago has not worked out well and this plan modification is being proposed with the purpose of diverBifyin9 the types of dwelling units to be built, to increase the total number of units over the two-mile long stretch of land by 104 units and to provide some shifting and changing in the location of: the dwelli~9 Ullli.." lo ù.. O:;OiliiilLu",i...Ü wi~hin tho project. H~ said the required State and Federal Permits involving wetland. and coastal construction control were obtained in y~arB past and remain valid and no changeR are proposed which will affect thoae mattera. He said the previously approved roadway, which runs the length of the project, is not to be chang~d, adding permits have been obtained for conltructing that road, a portion of the road has been constructed and the permit for constructing the remainder of the road remains valid. He stated this road will provide access to development which will occur within the Barefoot Beach project and will, ultimately, connect to the State-o~~ed mile of beachfront lðnd which lies south of the Barefoot Beach project. Ij,a sald that .1\, "realS previously committed in the existing FUD to b~ preserved ~~ n~~~r~~ wetlands are not to be changed and the preservation commitments remain valid. He explained that the previously approved water management strategy is not to be changed. Mr. Vines said the grQss project area is 46l acres, which includes 28S acres of uplands and l76 acres of water and mangrove wetland area. He said no portion of the project extends into the water or the man- grove wetland area. He said the County Comprehensive Plan designates this area as urban and the previously approved and currently planned project complies with the Comprehensive Plan with respect to land use and dwelling unit density. He stated, utilizing the formula for density calculation provided by Staff, the overall Barefoot Beach project consisting of the two PUD's being considered this date will be 2.1 dwelling units per acre. He said Staff changed the calculation method which resulted in 2.9 dwelling units per acre. He stated the aDD( 087 mr 271 Page 24 '....--. I_;~;~.~.. ""............... .. ..."""'"'..........~ 4 1. ~ J" ,~ .. ,I n I. ~.....,~ ......_......".__,¡;J~__~ ~... J/ ~1.L......-... 087 272 May 21, 1985 ;¡; "'r-l' Zoning 9rdinance does not set forth specific information on how ðensity i. calculated but whatever formula is us~d for Barefoot Beach results in exceed1ngly low density when compared to conventional gulf-front development elsewhere in Collier County and the State. He pointed out an important factor is that this property is not a vacant, uncommitted, unzoned ~ract of land being planned for th~ first time, sincp. Barefoot Beach is a PUD, partially developed, permits-in-hand project for which an application has been made to ma~e mid-course construction modifications. He said native vegetation existing in the approved development area is unimpressive since it is sparse and intermixed with much Australian Pine and Brazilian Pepper. He explained native vegetation suited to the beach front environment will be installed as ~.:.·..·;::'~~=__;.t vC~ür,¡ wl.ich w111 .car CA\.OC:U":: ;"jaG UQ;"':'VG vc:yr:rtai..iuu. Mr. Vines said that required approval for this project will occur in two steps, the initial t·,:uJ.c plan approval being considered this date, and detailed site development plans for the various construction phases to be considcred ~t a later date. He said those plans cannot be submitted now because they will be prepared Inter by people not present this date. lie said when t:lose plans are prepared, all applicable State and Federal regulations and standards will have to be met, therefore, Mrs. McKim's request for footprints of exactly where the buildings will be cannot be provided. Mr. Vines said that many of the suggestions made, as these peti- tions have gone through the various AClviÐory Boards and Þ. ..{" '1een before Staff, have been contradictory with the ~asic expr.~8eù ~~~'.Ir~ having bcen that the beach to bay area ii I clati "ely narrow and t'~,at there is the potential for beach erosion, damage to structural improvements, and hazard to residents in the event of a break through of a new pass. He said it is prudent to take practical steps to minimize risk. Tape .5 Mr. Vines pointed out that the Comprehensive Plan designates this area as urban and, therefore, it i. elig~ble for residential develop- ment. He said the State has adopted Coistal Construction Control Lines which determine how far back from the water's edge buildings should be. He explained that the previously approved plan and this plan complies completely with the applicable standards. He maintained th~t at the EAC meeting and this meeting there have been recommendationa that the applicable coastal construction control standards be ignored and that Page 25 ~. ~~ ~.';~~~;:,:.;; ~ ~ . ,_~.,'~.> __="c_. ..,...., ,,-~ ~---- --------- .:1,¡ ~ ."", . ,'f'i~- - "/0'. #r.,' 1 ",. c;.;! ~ .', ---..., May 21, 1995 the County should enfo~ce more restrictive, but non-existent, regula- tions. He said statementa have been made that there is a possibility the State may adopt some future chanq.a to the Conotal Construction Control Line and that such proapective future changes might prohibit development or cauae some type of change in the way development occurs in the Barefoot Beach area. He aaid the developer is at a loss as to how he could comply with unwritten, un adopted regulatory changes to existing rules. He said the developer has committed to engage qualified professionals in this field to shed as much light on this subject as possible. Mr. David Tackney, Consulting Coastal Engineer, explained that in the mid-l970's he worked with Mr, Stanley Hole on the initial project õpãci~ic~lly rela~~ñ to the coastal ha~ðrds and the construction standards. He noted that the coastal construction along the State of Florida is not wi~~out risK and a major problem is the erosion trend. He said the shoreline was evaluated in the 1970'ø and it was discovered that the general trend in recorded historic times has been one of accretion: that there have been periods of fluctuations, particularly in the center portion of this property which appeared to be related to the opening of the pass and changes that occurred after that opening, but'that the general area was not one of erosion. He r::-ferred to the book mentioned by Dr. Proffitt and the figures that wcre citad of the eroaion rate having been over lAO feet since l8BS. He contended those figures are fallacy. He saicJ that sl.,,1ies h'! conducted, as well as studies conducted by the Coastal Zone Managemc.,t, showed thu~ a, . in the long-term has been one of erosion. He ~aid conclusions bb~ed O~ erroneous erosion figure. can be incorr-.ct, in his opinion. He said many of the comments made in the aforementioned hook should take into consideration the perspective of the authors who he contended are, to his ~nowledge, the most controversial professionals involved in coastal zone development. He said the reason is because their position is that construction should not be undertaken along the coast and that no efforts should be done to protect against beach erosion. Mr. Tackney said there are unique risKs associated with this property and that the most significant and severe is the fact that in areas that are extremely narrow and low lying, during major storms breachea, under present condition, erosion should be expected. He said that breaches in the dune have major consequences aside from immediate destruction of property during a storm and severe damage cauaed by 1001; 087 r1',~ 273 Page 26 .' , ,"",' ...._-~ ~. ~-~,- . ~, _.~~ ... ,..... ....:: _',_'" '. ~ '...........,....--;-. "".n ..............~, _l. ~l.. 1 U ... ~ ",-..c.!'r~" 087 mt 274 May 21, 1985 channelized flow. He said breaches also establish areas of relatively high instability and small tidal ir.leta are prone toward dramatic .igration and sea.onal fluctuations and that the sand budget in the vicinity of inlets creates a ðeficit for the formation of inlet shoals. He said the fact that the area was breached and closed is a good illuatration that thia i8 not an area subject to a stable inlet forma- tion. He saið the questicns facing the developer are whether something can be done to minimize the risK involved in inlet formation and what the purpose would be on the protection scheme. He maid hiM r~asoning was that the paramount concerns should be the prevention of breach formation. He said in this area there are roads required for access and a road provides an effective means of creating a low-rise diKe to ....-......,-- &'\..-"- ---- --..,--... '-----'--- ,,- --,... .......- ---....--....... ....--- -.---- .~u.~¿......o ............. ......w. ...":Ju......."" U"'Ç...""'ICO' lie oa,¡,y "",a ,t-"J.VJç""...c;;:y ....v...." .....Ia.'::'... elevations on the west coast of FÁorida are generally 12' to 14' which means this site, .s well as other areas on the barrier islands of the west coast of Florida, are going to be totally inundated. He said it was his opinion that it would be wrong to try to prevent th^t inundation because this would enhance the risks to adjacent property. He said that the construction involved in building the road and revetting it is not unique and has been successfully done and can be in thiu case, which is the objective to afford the protection to this proporty and to minimize the risk. Mr. Tackney described discoverie& made by DNR studies in this area from 1973 to the present tlltle whici, hnve shown the erosion loss was 5' in the period from 1973 to 1984. He said all other areas ~i~hl remained stable or accreted and the accretion was ~p to 34'. He .a1~ this information means that the area is not subject to long-term erosion support by existing data. Dr. Andrew Zurich reviewed his professionðl teaching at Florida State University since 1969 in urban and reqional planning and a course in coastal zone planning. He said he is a registered professional engineer in Florida and related his work experience with Fish and Wildlife Service, tha Corps of Engineers, and the Office of Coastal i Zone Management at the federal level aSfa consultant. Dr. Zurich said planning is a balance of many different issues of conflicting çoa'ls and intentions and the role of the planner i. to try to find an appro~riate mix between sðving the environment in the "forever wild state" an1 building at the highest density as possible. He said this project, in his opinion, is an environmentally sound Page 27 [Uþ'J r-::-.:;1 ~ ~ - ---.-..- ~--¡~.....~ "" .~.""""".._._,.,",.".,,_..."_.-- - ~ .~.. ----. ~- .~-._." - .,~.~_..,._-,_...-.".~,--_.- . .. (;III ¡::;;¡J , M:::.y 21, 1985 proposal, adding the projec~ includes saving estuaries and m~nqroves. He said the project !s a low-density development and that the PUD concept is attractive. He confirm~ Mr. Tackney's comments on beach stability and erosion and that Barefoot Beach is an area of accretion. He said it is difficult to predict where a pass may cut through during a storm. He said he was familiar with the book mentioned by Dr. Proffitt ð"d that it identifies every barrier island as a potential for extreme or high concern with regard to erosion, which is true from a geologist'. perspective. H~ s~id the Coastal Darrier Act of the federal government was passed to minimize federal expenditure and liability in the r.ase of erosion loss, e~pecially from storm damage, and it identifies specific tracLs along the coast of the country which are not pronitn tee nom aeve.lopmont cut. tne ieat!Hd. guvt!rnment i IS stating it will not spend money to subsidize such development. Dr. Zurich referred to evacuation of the area with respect to a great storm and said that it is safe to say that it would be irrational not to leave the coastal area if a atorm is predicted. He said the proposed densities for Barefoot Beach do not pose any problems with regard to evacuation. He said the evacuation routes from Barefoot B~ach would feed into the Bonita Beach Road and in five or six miles meet I-75. He said with appropriate evacuation plans and traffic direction this could be accommodated readily. Commissioner Voss commented that there are Fort Myers Beach and Boni ta Beach residcnta in t;,,: area under c'4iscussion and if they start evacuating across Bonita Beach Road 8 tX:ð'.." ~^m will occur. ,'.r. Vega said that there are many culverts und~r the (OàC1 ·,¡nJ.cll wiil nelp prevent water from pooling behind it and forcing its way forward to create a breaK in the road. Commissioner Pistor aSKed for information regnrd~ng the safety quality between the construction of single family homes and the multi-family condominiums realizing that the first liveable floor must be at 14' above sea level? fir. Hole responded that there will be higher level of quality control in larger buildings than is in smaller buildings, because it is easier to enforce code requirement. with the available inspectors in a large building than in a single family residence. Commistiioner Pistor referred to the concerns eT-pressed by the Bonita Beach and North Naples Fire Departments and said that Bonita Beach Fire Department does not have the capability of fighting fires in am 087 P1~! 275 Page 28 .... ~~~~~:I ... ,H ~Á.. -, ., II ...........w...,4.4Ii, ...~ .,.~~....,K.. ~....... . I ~ I 1U....- .....---...-....-.---~~i~.....,..~ ... .... 'f' .J- "'.' (T,> \·f~lkr".. ¡ ..: . ...... ....!'............., ;0'; 087 n.~.! 276 M~,y 21, 1985 a multi-story building. He said a comment was made that the water pressure i. not sufficient to accommod~te a fire on a building higher than three stories and asked it anything is being done to addre.. this issue? Hr. Hole said if the project is approved so the developer can proceed with his plans to be submitted to Utilities Administrator Crandall, as well as other departments, he would expect that the County would require supplemental booster pumps and storage tanks at the south side of the property to provide supplemental pressures. Mr. Hole returned to the small building versus large buildings issue and said that he designed a number of small build\rgs in the Florida Keys which sustained Hurricane Do~na. He said '~e did not mean that small structures could not be designed and constructed that would be stable. He said, if a good level of quality control was available for small, single family buildings, they could be constructed ~roperly, but history has proven that the damages suffered during Hurricanes David, Donna and two other storms in the Dade County area were typi- cally in smaller family homes where details had not been caught and those details had been caught in the larger buildings. Mrs. McKim clarified that Staff did not request the aforementioned footprints, but the petitioner stated, at the CAPC meeting, that the footprints of their proposal would not increase over what had been previously. She said Staff questioned that and suggested that the petitioner show how that could be true. She said at a later meeting both Staff and the petitioner agreed that the footprints could Þelp in any ne«:; ~tiations that might take place regardir ~p.nsi ty and locat t"ln of the units. She said that :>taff reviewed the ¡"''1J ,~." umenl-, .\ccordin':) to current standards and recommends that an amend",d PUD dC)Cument is needed that includes all of Staff's recommendations for amendments to the PUD. She explained some of those recommendations refer to the previous PUD document and that the utility approval has to be contained in the PUD document for the Commissioners to approve. She said that fir~ protection has not been addressed and there are still major concerns of whether fire protection can ~ supplied to this property. / Dr. Proffit~ referred to the ~ightþuthors of the previously mentioned bOOK and stated they ate respected geomorphologist. and geologists. H. said there are other barrier island experts present in the audience who could address the authors' qualifications. He refer- red to the comments made about the possibility of pass formation on this property and said the book that cited leO' of erosion averaged out Page 29 í'''';.J!:'';:' I ..-:" ':"... ~~ ~ ~I ~ - '~"'~1~''''''' ~'. -_.- .,""'1";1,,"'1";.1, ,..,..."""'''''' '."00-_-' .wi .. w;¡} May 21, 19B5 over a long period of time in the region he indicated on the map. He .dd t.h41:. t.h. Coaslðl ZOlle l-icSlHIgdUìtìl:. Sluùy previously liumtioncd W<1S done on several sections which he indicated. He said he did not dispute there are stable areas over the long term in the northern re9ion of the property. He said the most important point is the possibility of pas. formation and he <1grccd with Dr. Zurich that such ~ possibility could occur anywhere in the area. Tape '6 The following people spok~ in opposition to this petition citing possible positive alternatives for the project: new coastal guidelines issued by the Governor following this past ThanKsgiving Day storJII which prohibits structural armor on the beach beyond the CCCL that could p:'otcc~ b!':!!I-=hfrC'n': bId '(Hngs! thft possibility of pass formation: the increased risk to future residents of the area! the proposed increase in dwelling units will be in areas least suited to development: the current low water pressure in the area will be adversely affected by the project: difficulty in providing fire protection to the site: increased traffic problems: and that the original project should be developed 1 Dr. Michael F. Stephen, coastal engineer, related his experience viewing hurricane da~age ülong the Texa8 C03st which is similar to this area. Mr. Tolvo TammerK, President of the Conservancy, read into the record a letter he sent the Commissioners on 5/20/B5, opposing this development. Dr. Mark Benedict, representing the Consc..'fancy. Tap. '7 Mr. Andy A. Clements, resident of area undt;,C ..Il~·'" ~.~i"i., stlld the latest plans for four-laninc., Bonita Bl!ach Ro~d >IlI\;" )-Jeen moved to No 28 in priority, which wlll not happen ~ntil 1989-90. ...co..issioner Holland left the roo. at 12115 P.M. and returned at 12118 P.M.·.. Mr. George Keller, President of Collier County Civic Federation. Mr. A.T. Felsberg, closest resident to the area undor discussion, pointed out there are two petitions for two separ^te 7.ones that should be maintained. Mr. Richard Klaas, President of Lely Estates, Inc., assured the Commissioners that he would continue to work with Staff and the Conservancy to make this the best project possible. He said that the project will be completed in 1995 so there would be time for the four-laning of Bonita Beach Road to be completed. He said this request is for an increase in density of .36 units per acre and that the densi ty in the Gul fahore Boulevard/Vanderbilt Beach area is almost ;0; 087 rm 2TI Page 30 .. .-. .~; ,..:,~~;~~ ... ......,. ~._".. _.,. v.,,'._ _,...".._.,_....,"""_."...,'_~u"'__ ....:I-.........._.,,.~ .......,."....~--"':--._... ~... .~.,. ---~~- ----~ .,.......-- ;~ 087 mt278 identicÁl to the unit. per acre. of beach. Mr. Klaas said that Lely Estates, Inc. is deeding to the Conservancy between 115 and 190 acre. in this project. He said that the developers have kept th. Le1y Barefoot Beach property owners fully informed as the development plans have proceeded and only one area resident has appeared this date. He said, if the roads should wash out during a storm, there is no problem with putting into the documants that the roads would be replaced at the ~xpense of the future owners a. well as the developer. Mr. Klaas said that one way of resolving the fire protection issue would bl:J through taxes for that purpose frulII lh" propo¡¡ec1 ðwelling units. He said the real crux of this discussion is a difference in ideologies, one being that the beach should not be built on and the other being that construction can be carried out safely. He pointed out that the site plan for this project must be returned to the Commis- sion for approval and he requested that the Commissioners not deny Lely Estates, Inc. tne use of this property. Responding to Coml!\hsior.¡~r Holland, Mr. Hole said H.at the plans have not proceeded to the point where storage tanks and booster pumps would be included, however, he repeated it was his opinion that Collier County would require those of the developer. Mr. Vega said that the developer would agree to including those in t ' project. Commissioner Has!.'e asked from whl':r~ the wa,"l . i)l [)" obtained for May 21, 1985 property under discussion and the density t~ere ls 24 He said l32 units are proposed over a two ~ile stretch this project, and Mr. Hole stated that Barefoot 3each installed a waterline leading from the termination of the line on Bonita Beach Road which goes down that road over the bridges and into Barefoot Beach and comes out of the tanK at the north side of the County which is the City of Naples' water system. He said that a sewage line was constructed in the same way which is in the North Naples,area. He s3id this system is currently under stress and needs major i~provements upon which the / County has embarked for improvements in/the ponds around the North Naples Sewage Treatment Plant and to increase the tank and pump capac- ity and an inc~ease in the waterlines for a~ increase in water pressure to the Bonita Shores area. In response to Commissioner Hasse regarding the road into Barefoot Beach, Mr. Hole said that road was built to County standards. Mr. Klaas said the documents approved by the County state that it is to be Page 31 1'!5~.,:I1 -----. ~j f"""3 ~. r~~ -j[. 'Y.w.-:;'~--r-;'~- IT ..¡;....... ...,~: ;:-.....'".-:'~' . C"-- .._ -- ~ -".,.._-_.........._~~- ....._.. J ... .. r:;¡¡J May 21, 1985 ma1nt~inQd by the property owners Association after the association takes it over from the developer. Commissioner pistor commented that the largest proposed density is to be in Tract "F" and he asked why such density was proposed in that area? Mr. Klaas said it was because the property is widest in that area He said the road is built at an elevation of 9', the revetment will be reinforced with stone and the road is designed so the wat.r would go over it. He said if the back pressure of water occurs there are mAny culv~rts throughout that area so the water would go through the road. Mr. TammerK stated for the record, regarding the old M~ster Plan's issue of deeding some property to the Conservancy, that the Conserv~ncy disavows any interest in that property. He a~lÍù, unù",r previouli negotiations of the initial Master Plan, the Conservancy was to take title to some property And then convey it to the State or put that 1an~ into public domain in some manner, but this is not a f.actor now. Commissioner Voss said he did not see anything in this proposal that the developer is willing to give the people of Collier County because thw County might be willing to enhance its value of property of Lely Estates, Inc. Commis&loner Pistor agreed that was a good point and asked if there would be any possibility for the County to obtain morø beach access along with this plan? Mr. Vega said that Staff has asked to completely take away the l44 propo3ed units on Tract "F" which, in his opinion, is ignoring proper!;; ~qhts. He fII'I\ð the developer is willing to consider circumsta¡¡·::t!s ..... '.,: the dev<Jloper could give some property. Mr. S~und.rs referred to Mr. Klaas' comments and clarified for the record that the CAPC did not recommend approval of this petition. but did recommend a change in the PUD by moving the units on the narrow s~ndy area to another location. He said that there is a viable PUD for both sections of land under discussion and, by approving or not approv- ing this petition, the Commissioners would not be denying the peti- tioner the use of his property. Commissioner Hasse asked what objection the developer had to Staff's recommendation regarding this project? Mr. Klaas said that the additional 104 units requested by the developer is a matter of eco- nomics, adding that it seems reasonable to add a little extra units on this huge tract of land. Tape t8 lODK (J~~rAr,t~~.~ Page 32 ,~ .' "".. "~:'\..'" . . .~ ---"""'._.,----"...,~.._.._...-- 081r1:·t280 May 21, 1985 Commi.sioner Vo.. asked if Mr. Klaas would want to continue this petition for a couple of weeks While he considers what the developer .ight be willing to give the people of Collier County? Mr. Klaa. said that the developer i. prepared to make a commitment. Commissioner Holland said the County owns a piece of property at the ~ost northerly part of the property undør discussion. He said he could not ..e building a parking lot on that piece of property because it will be utilized by the majority of people from Lee County rathQr than Collier County, to which Mr. Klaas agreed. Commissioner Holland referred to the .outhernmost piece of property owned by Lely Estates, Inc. and asked if that adjoins the property owned by the State? Mr. Klaas responded in the affirmative. Commissioner Holland asked if it would not be more .ensible to have a parking lot in that area where adequate beach facilities currently are than to have one at the northern ~nd of th~ prop~rty wh~r~ th~re is only going to be development? Mr. Klaas said the County presently owns 600' at the very northern end of the property being discussed and if that property could be returned to Lely Estates, Inc. the developer would be willing to give 1,200' to Collier County at the very southern end, adjoining the State Park and move the 100 car park off the north end to the south end, at the developer's expense, assuming that approval is given for the petition as the developer has requested. He said that the value of 1,200' of beach at $5,000 a foot ic $6,000,000 and with the removal of the 600' owned by the County, this would ~pan that Collier County would gain the equivalent of $3,000,000. He sai~ ~t "G" is ~o~n' now. Commissioner Voss asked if t'his proposal Wb.. ,) :c:Çltable t.o the County would the PUD document~ have to be revised? Mr. Saunders said all the property being discussed for donation is contained in th~ two properties of this petition and the next petition and amendments to the PUD documents to reflect this proposal could be made this date and, if the hearing is continued, the amendments could be done without having a separate petition presented. Acting ComlTluni ty Development Admin4,.étrator Mullins said any time an alternative such as this is reached ~taff needs an opportunity to review it since other considerations are involved. She commented that the PUD has not been revised as the CAPC suggested, therefore, this is not available now. She said Staff has expressed a desire and intent to be flexible and to be fair with the petitioncr and they have been Page 33 f."i..·,·',:'" ,) .... '-,' hWE::~:~.'(~ c:::I ,. - ..-/ "~:'~,~I'::~~):':~'\J.,:.,.;J.."-j,"j~"';{Iy, ....",...,',' r-;';J'~....~~.,..~·~.:M+t-f,,~)~~·~}'ð)r~\'~~~~~~œ~1"'),.,. .....;"....'."..... -.....-- ' ' .;;-- -- - .. tr~ May 21, 1985 waiting for the petitioner ~ com8 h~r.k to Rtaff in order to hold n~otiðtions to reach some t.ype of a]ternative which would serve the developer's needs as well as the safety and welfare of the community. Mr. Vines said there would not be a problem if this hearing were continued for two weeks and that the originally submitted PUD document will have to be modified in a number of significant ways. He said if the Commi.sioners make a comm~nd decision with regard to t~e basic nature of the end result, the developer would have clear direction to write the appropriate changes to the submitted document to be returned to the Commission in finnl form. Mr. Sðunders said Staff's request is fçr a couplu of w,,:eks to r~view the proposition offered by the developer to see the impacts on the overall plan, as opposed to the Board outlining what the petition wi 11 be. A short diacuasion ensued during which Mr. Clements said the residents do not want to ddve three or four miles to get to the beach, which is a State beach. lie said that the residents fought for the parking lot in the northern end of the property for four years before the title w~s obtained anrl he contended that the proposal is no favor for the people of Collier County. Commissioner Voss said that the Staff will review all aspect~ of the proposal and decide whether or not it is feasible. Commisioner Hasse asked Mrs. Mullins and Staff to understand that th. proposed rezon~ was for 100 units for Tract "G" and, if only half of the property will now be utilized for t:,~ '~evelopment, he said that would lIIean there would only be 50 units. M::.... ":¡,'1' 1.1"1'> ~.ud Fdrhaps there are other alternatives which have not bee,~ ~ddroösed because Staff has not had adequate time to meet with the petitioner. She said if Staff could meet with the petitioner and see the aforementioned footprints it may be possible to find the means to protect the public in areas which seelll to be threatened by storms. Mr. Vega asked that clear direction be given to Staff as to what the COmmissioners want them to do to avoid confusion and expedite matter.. Co..i..ioner Ha.se .oved, .econded by Co..issioner Pistor, that Staff be directed to exa.ine the suggestion of Lely Estates, Inc. with respect to the shifting of the beach and the parking area and other consideration. they dee. nece.sary, all in line with the CAPC reco.- .endation., and that Petition PDA-85-1C be continued until 6/4/85. ;; 087 ~,! 281 Page 34 '\,' ~)~~/", . .,'~~ <.,/ ·.,;,.."·...:,1. ~~.'; .~!~~- ""tfo;f .,J..::.~' , .'. ,;j, , t·, ;',', .~...;, .¡z,..'''''' . , ,. .......... . ',~\:,~;\.:, . ,), , .' ' I~;~;.; ,t ;~ . .~.t'" ~~~I. -~-.-,,; , ";'::, :. ." ~'~; .iI ':fl.' {t...." , <i, ....':.... ¡ ." 'v"~", ~;;:' . f~' ...'......... ",,,,___..,""~~'r. .__...._... ....... . """"',*,,,-- '''~';¡'I:SI'.IIIIr'' . . ,;":..<' ' '~t,:'k'I'\.'i~·"'''', ~ ~ 087",~282 May 21, 1985 Mrs. Mullin. a.ked if Staff is only to look at the develóper'. new proposal, and Commi.sioner Vo.. .aid the mot.ion w~~ for oth~r ~onlið~r- ation.,·as well. Mr.. Mullins asked for clear direction to the pet i- tionQr becau.e if they are to come back with further information, two week. i. probably not an adequate amount of time unless it is furnished Staff immediately. Commissioner Voss asked Mr. Vega if the information could be furnished immediately, and Mr. Vega .aid that would be poøsi- ble. He again reque.ted that the Commissioners state what they will approve in ordor for Staff to have strong direction. Mrs. Mullins said Staff had clear direction. Mr. tu.k said that Staff will review this matter during two weeks and guaranteed to return the matter to the Commission at that time. Mr. Saunders said that the effect of this motion i. that Petitions PDA-85-1C and PDA-85-2C will be contiu\.Ied for public hearing until 6/4/85. Upon call for the que.tion, the action carried unanimously. Item no PETITION PDA-85-2C, WILLIAM VINES, REPRESENTING LELY ESTATES, RE AN AMENDMENT TO BAREFOOT BEACH CONDO PUD - CONTINUED TO 6/4/85 FOR STAFF TO STUDY pnITIONER I S PROPOSAL l'URTlfER A. reflrcted in the discussion held for the previous petition, Petition pnA-85-2C was continued until 6/4/85, for Staff to study the petitioner's proposal further. ***RECESSI 12155 P.M. - RECÒNVENEDI 2130 P.M. at which time Deputy Clerk ~enyon replace~ Deputy Clerk Skinner.*** Item III AN ORDINANCE AMENDING SECTION TMO OF ORDINANCE ~. '';~, ~. rJ'; SEAW".L1,S AJiTD RKVETHENTS - TO BE READVERTISED F()R JUNE 19, 1905 Acting Community Development Administrator Mullins stated that this item is to be continued to June 18, 1985, and would have to be re-advertised. The Board concurred. Item 112 ORDINANCE 85-19 REPEALING ORDINANCE NO. 76-71 RE REGULATIONS AND FRANCHISING 01" WATER AND SEWERAGE SYSTZM~' AND BUL~ WATER UTILITIES IN COLLIER COUNTY - ADOPTED .,. Legal notice having been published' in the Naples Daily News on May 2, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hUðring was opened to consider an ordinance repealing Ordinance 76-71 regarding regulations and franchising of water and se~'erage Page 35 r.i..l;;!ii.JI E~"""Lj ~i'';;'~r, 'lVc ~ .._,~.~..:.:.?~~~!I;~ , . ~·.~"J:i'''''''.:I\'''''''''i'''''''',),¡;· !~.;,,,,' ~,t1"t·t-Ti~ ,~T:-".... 7W" "II""'~~,r"'T·,'/-,·\1Fvi.~~"":;':.R~,*" .. . ~ _..~. . ;",~. '\'-"':" ,qKA-:~j!,··.~.1J:~··f.111.\"'t~ ---.-. .--: --_._~_. - FBI all May 2l, 19A5· syste.s and bulk water utilities in Collier County. , County Attorney Saunders stated that Ordinance 76-71 is an old ordinance the County has not been using and was replaced by the CCURRB ordinance. He stated that since the Public Service Commission has jurisdiction over private water and sewer utilities and the County no longer has any authority to regulate utility rates or grant franchises, he is requesting that Ordinance 76-7l be r.pealed. COaai..ioner Pi.tor aoved. .econded by COaai..ioner Ras.e and carried unaniaously. that the publlc hearing be clo.ed. CO.Kis.ioner pistor aoved, seconded by CO..i..ioner Has.e and carried unaniaously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance ~k No. 201 ORDINANCZ 85-19 AN ORDINANCE REPEALING ORDINANCE NO. 76-71 WHICH RELATES TO THE REGULATION AND FRANCHISING OF WATER AND SEWERAGE SYSTEMS AND BULK WATER UTILITIES IN COLLIER COUNTY, FLORIDA, PROVIDING AM EFFECTIVE DATE. Ite. 113 ORDINANCE 85-20 AMENDING ORDINANCE 75-l6, PROVIDING FOR ELECTION OF CHAIRMAN AND VICB CHAIRMAN OF THE BCC - AOOPTED Legal notice having been published in the Naplea Daily News on Mðy 2, 1985, as evidenced by Affidavit of Pùblication fil~d with the Clerk, public hearing was opened to consider a proposed ordinance amending Ordinance 75-16, providing for election of ~he Chairman and Vice Chairman of the BCC. County Attorney Saunders stated that this pro}XJ,,'~'i ordinance provides that the Chairman and Vice Chairman are to be elected on the third Tuesday after the first Monday in November of each year and it also provides that the Chairman and Vice Chairman serve at the pleasure of the Board. COaai..ioner Pi.tor aoved, seconded by co..i..ioner Ra..e and carried un~niaou.ly, that the public hearing be closed. co..i..ioner Pi.tor .oved, .econdod by Coaai..ioner Ha..e and carried unaniaou.ly, that the ordinance a. nuabered and entitled below be adopted and entered into Ordinance Book No. 201 nD~ 087"~ 283 Page 36 " ':,t,".:.....;.. ..:..--.:....-1.~ þI..... .~ ,......._k.~_.. fT . ............ ...."'..",....,....~. "/ ~_....,-. ....\W'\... '''Ii ..._...,_"".,,_.............,,><~.........,. "~... .<,~, _'.' .. _""...._hP ."...-I\'~;' .~.. ~ ..',' ..'Io.1'~. ";. -...-- ---......... '.'. :,....~...7!'--:-.,. ," '~7" ... ":~.: ~~''''''1I;-;~'''~'I.~'''.-'-'''''- -- 087n~284 May 21, 1 985 ORDINANCB 85-20 ORDIRARCE AKBNDINO ORDINANCE NO. 75-l6 ELECT I 011 or THE CHAIRMAJIr AND VICE-CBAIRMnI COUNTY COMMISSIONERS. It.. 114 USOLUTI01Jl 85-114 APPROVIIItO COLLnR COU1JlTY INDUSTRIAL DEVELOPMERT AUTHORITY ISSUANCE or RETIREMENT RENTAL HOUSINO REVENUE BONDS (BEVERLY RETIREMDT - NAPLES, LTD. PROJECT) SERIES 1985 - ADOPTED TO PROVIDE or THE BOARD rOR or Clark Nichols, Attorney for the Collier County Industrial Development Authority, stated that InduJ~rial Develupment Authority's are creations of state law and are authorized by Chapter 159 of Florida Statutes. He stated that the Authority was established by a prior Commission, which is a five member authority and has the authority under state statutes to issue industrial development bonds for various purpose. set forth in Chapt~r 159 _of Florida Statutes. He stated that the authority's actions are impacted by the State Stl!ltute ~Ihich authorizes its existence and gives it authority under State law, and by the Internal Revenue Code, which spells out for what purposes these type of bonds CAn be issued. He noted that the Congress passed ð law in 1983, called TEFRA, w~ich ~equired that Industrial DevElopment Authority's had to go through a .~ries of steps and then once the Authority approved a bond issue, there approval would be subject to secondary approval by the County Commissioners. He stuted that this bond issue has been approved by the Ind~strl ' Development ~\thority ðnd he is asking for the approval of ti,a Comml ~en, ,HIding ':Í1l!t the purpose of these bonds is for a retirement facility, Beverly Retirement, Naples, Ltd. project, and the issue is for $15,500,000 which covers the refinant.;..."g of the bonds which was previously approved to build a nursing home, to refinancA. the bonds to çreate the apartment complex and to provide additional funding to construct villas. He stated that the Industrial Development Authority receives no appropri- ation of public funds whatsoever, adding/that everything that it does i. supported by fees paid for by people/that apply for the bonds. He noted that it cost tho citizens of Coliier County nothing in the way of expenditures of funds. He introduced Bob Wallace who is the executive secretary of the 1IIdustrial Development Authority. In answer to Commissioner Hasse, Mr. Nichols stated that the Naples Research Center, the Beverly Retirempnt Home, and the expansion of Naples Community Hospital were financed by these bonds. Page 37 l~";'1 WsE!i:t ~ '~._ ~);¡:I:iit,"'¡';: ~~:-",~,:¡::~;,_""."""~,,., . ~.AC',:. ~_ ~-"-~\,. '''" ,,:~ ....;....-.:r~~~IJ';:;.\I~r!It;,.;:~~-~·,.o,.;.~'~';,....,,· ·;·"':,<;if.I¡..~,t~r~·"..-:',~,"¡,' ".. ;~""'~ . .~ -,"" -.to ,'If, .f','.. ;ii1 ,";.;- -. ~~~;r~':~:.~·'·':>fj.:"'·i·i ~....,\....,¡"., - \$~?-;~s.~s),,:,!:':',· ~ ""::~i/:"~~':"~'~: ...' , ' ìi~-:-'~" ! ~,11~, AI:.. . '. '" ~"S· '~;(~*':. i\;~"1 ,.' .'qd .~. .,f,·,,~. .:_..t:¡"~'.;:~;:-,~'J_ :.,~";', .,:,1"- ',. rs'::k.~<'):·.¡.:::"¡~"''''\~:~ I·... ' (" May 21, '1985 ~,.~",~~,;:\;,;;~.~,-..,~,'..,,¡"'-~.. .."\-,"'--~ " . .. . "'::;~,~';:':l~'Mr~ '13ob Wallðc" .tat~d that without industrial rev.nue bonds, the ~ , ..- - "1 "~ !¿ono.ic'~ Developlient Council would not be able to at ford a ttuctive '~;~~incanti\t~. ..fÓf~·údneu.. .that come into the area. He stated that f~r, ~~i~hr~~r:t~b.;,COII\petÚive he neeth to have thi. type of tool to attract ·~~~~;Jsú'in...~.~'· adcHnq that lIoat of the iuun 'have gone into the !I\~dica1' :f~~:'/ '¡:"d'~îð'~" ~, t:t~i~' :', ':""'~_haioner phtor IIOved, ..conded by CO_iuioner Goodnight and ~'~,; 'caz'rb4 unanhloualy, that ~he public hearing be cl0.ed. ~_i..ioner pi.tor IIOved, seconded by Co_is.ioner Goodnight and carried unanillOusly, that ResOlution 85-114 approving Collier County Industrial Develo~ent Authority issuance of Retire.ent Rental Rousing Reyenue Bond. (Beverly Retire.ant - Maples, Ltd. Project),·Seri.. 1985, in an aaount not exceeding $15,500,000 be adopted. .. ,< SODK 087Ð~285 Page 38 ~., , . , , ') ~ . ....:.\, :',.',. ';"¡' '_M~d~'~f-~ ì·... ,._.,_,.""....__,,,.,,~,,,.~,,..,,,...,.,~'"____~*~..''',_".,_''''''' III'._"'__~""'__,·___··......._..,"·_·......--_____'__.."'··.._c._...,...,.." till !III (;,¡a May 2l, 1985 Tape '9 Ite. U5 RESOLUTION 85-115 RB PETITION rDPO-85-V-2, ROBERT M. POWELL, RE VARIAJlCE FROM MINIMUM BASE FLOOD ELEVATION ON PARCIU. 9, or UNRECORDED OZOROB RICHMOIID PLAT (3388 DOMINION DRIVB) - ADOPTED Legal notice having been pUblished in the Naples Daily News on May 5, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public"hearing was opened to consider petition FDPO-8S-V-2, Robert M. Powell, requesting a variance from the minimum base flood elev~tion required by the Flood Damage Preventior Ordinance OP property described as Parcel 9, of the unrecorñ~d George Richmond Plat at 33A8 Dominion Drive. Planner McDaniel 5tated that this is for ftn addition for his home which is an after-the-fact variance, adding that the addition has already been built. He st~ted that the petitioner is asking for a 2.93' variance from the required lO' variance. He noted that staff reviewed this petition as though it had not been built, adding that there are several factor8 that would have influenced a positive recommendation. He stated that the lot is very small and in a neighborho~d of grade-level n~mes. He stated that because of the addition, the owner would have had some construction problems making the connection between the structures and if the original home were somewhat smaller the addition would not be a substantial improvement and, therefore, not subject to the ordina~~, He noted that none of the reasons by themselves would just i fy ~ 'flu ..:;~P ton::' it! su". they do present sufficient justification and staff ia n"::ommcr.Jing approvaL Commissioner Pistor q~e8tioned, since this is an after-the-fact permit and the addition is almost complete, how the Building DepArtment will be able to make inspections? Planner McDaniel stated that they would have to do the best they can with the finished product. Commissioner Pistor stated that he would have to pay the after-the-fact fees and ~here should be a way to inspect this building to make sure that it is up to code. Acting Community Development Administrator Mullins stated that a building permit will be issued if the variance is granted and then inspections will be made to the best of the ability of the department. She atated that the after-the-fact permit would be four times the cost of the original permit. Mr. Robert Powell, petitioner, stated that the oxterior addition ia lOO' completed, the interior partitions are up and the wiring and aDo.; 087 par,: 287 Page 39 ".' ~ :.... , "",IJ.t,.. " -.. ...........-.. _.._....-_.._.....,'.,.~"_.~" .".ilt-' QIIiJ :1Jii'a ·tt'j/:"r' ---..-.- .----- , \. t. *,'.·'~~"~"\.'¡:f""t'.M-:~ :~}~ 1,!':.t.~'';'Ì!''~'' '';.. .,J;.sr,.. ~ ~.;'~_,',;)';.~,:..)'.\.~...('.;. .,",_ ~",~.t~f,~,~,.,:·:,\,','.~,:<· ".', -...,;."" ,", .,...,... .",'/1< .(.jJ. I ~ , . ".,\'. ,~. -.~flo~-'~' . (;~ ,..<.\_:~~;,';_';~. ' .' - , " ": ""-'...,.. rJ" "~, ~~~~\'I''':'*'''' ,. , '1'~':.'¿ ;..... . .'. (;,¡, '. ' :~ 1>:;' ' ~A~C:::;;~-'::; ,... "" \a;:itJ87!fw.~28B " M3Y 21, 1985 :.,:;~:~lullbing i~in and inspectable. He stated that he has not done any . 'y:',".,, . .,~ ..::\.tôtk~ ø1ñce: he, was i..u.ð a stop wor( order and all inspections 'can take !.¥,'.;.;J." ...,.. '. I I;\.r"~,la~..' e~cept.for the footings and the slab. ~~:J¡.r '..!.P' .,,<," -.' . '~:.~f''''''::'f..Couha1on.1' Holland IIOVed, .'conded by Co_hdoner H.... arid ),;jëâ~deð\1naniIlOUI1Y, that the publio bearing be olo..d. . .; , '~"~'. Coaabdoner Holland IIOved, .econded by CoII.i..ioner Goodnight, _.:.' .....~f~...·~.·:·.~h~t. ...olution 85-115 n Petition I'DPO-85-V-2, Itobert M. Powell, re ~-,::v.d.nce frOll the .inbu. ba.. flood elevation required by the Pl00d ~t~I~,Þa..ge Prevention Ordinance on property de.cribeð a. Parcel 9, of . ~~~Z) unrecorded aeorge Ri~haond Plat (3388 CO.inion Drive) be adopted. .~? Upon call for the que.tion, the .oti~n carried unaniaously. .',¡< . ~ , " ,.- ~",':"~~-~'.f!¡ . 'T·--' , "J~ '. '",' ".,1.., , il. -;:\;~~f ::--:; :""i} ,. :'~,:Jt: ";":'~~(,¡ > ;t.,~.~;~ !' ",~ . ',1:' .~iWJ; .':':~,' ¡ / f / I't;~" ,>, ,..- ,¡,,,'. , Ii,:' ' I~:: .' '. > , " . ." , a;;." ~ f;;I,; r,,¡ , . ..",¡, Pa g. 4o,~,~¡:J.,';¿¡;~t ""·,,,~,1'''''~ ... .;'-':,~'~~~ '.. ""NO"~~~'f '.', ',hI '}.: - I, r~ ~.~;:~~:.,:;t;.';þ:~ ¡¡¡¡¡;a " ,,,' ",. .. ),j '~. ., ':'::".:':}-:" ,r.. "',f . . --...u__,.__»<._.....__".,_....,."......,...,"_.""""',..._-,.......,,---'_.'"G,''''''.......~, .. ... ¡;;;¡;;J M~y 21, 1985 Ite. 116 PETITION V-84-28C, roRREST L. HARMON - CONTINUED TO AUG 6, 1985, AND '1'0 BE READVERTISED AT PETITIONER'S EXPENSE Acting zoning Director ~cKim stated that the petitioner is rttquesting that thia petition be continued until the August 6, 1985, meeting and said th~t it will have to be readvertised. eo..i..ioner pistor ~ved, .econded by Co..ls.ioner Holland and carrled unani~u.1y, that petltion V-84-28C, Forre.t L. Har.on be continued to August 6, 1985, and be readvertised at the Petitioner'. expense. Ite. 11 7 APPEAL OF NOTICE TO ABATE A NUISANCE BY WILLIAM E. BOLTZ OF UNATTENDED aROWTH OF WEEDS RE MARCO ISLAND, BLOC~ 348, LOT 13 - RESCINDED Acting Community Developmcnt Administrator Mullins stated that thiM appeal was continued from the lðst meeting eo that the appellant could contact the Sheriff's Department regarding this matter. Mr. William E. Boltz stated that he contacted the Sheriff's Department and they inspected tho nrea, adding that they contacted the owner of the Bavarian Inn and hp. indicated that the builder did put the debris on his property. He no~ed that the Sheriff gav~ the builder two weeks to clean up his property, adding that as of this date he filed a suit against Paoli Construction, the builder, to see that the debris is removed. He noterl that thp Sheriff indicated to him that there would be papers issued \;0 remove the material. I'k '''':'..cated thðt ":" soon as the debris is removed, he would mo",,' the prop.nl.y. Daputy Chief Barnett stated that Paoli COnstruction agreed to remove the debris. Co..i..ioner Pistor ~ved, seconded by Com.issioner Has.e and carried unaniaou.ly, that the appeal of Notice to Abate a Nuisance, dated 2/19/85, by Willia. E. Boltz of unattended growth of weeds anú vegetation re Marco Island, Block 34B, Lot l3, be rescinded. Ite. 118 ROC~ FESTIVAL PERMIT NO. RP-85-1 TO CONDUCT AN OUTDOOR MUSICAL FESTIVAL ON JULY 4, 1985, AT SWAMP BUOOY GROUNDS FOR Ftm SPORTS AJfD BSTUTAIN- MEIIT, INC. , - APPROVED SUBJ~CT TO STIPULATIONS Mr. Jim Shumake, Attorney for Fun Sports and Entertainment, Inc. stated that he ia requesting 11 permit to conduct an outdoor music festival on July 4, 1985, at the Swamp Buggy Grounds. He stated that he is working under Chapter 10 of the Collier County Code which calls ;0; 087 1':'~ 291 Page 41 .""/1' ~. ...) ....-.......... l .. ~ìL.. ~ :'. . '........... -~~......~~._............... '. am ß87n-·!292 May 21, 19B5 for certain conditions. He stated that provluions have been made for security with the Sheriff's Department as long as the festival does not exceed 6,000 people, adding that in the event that it does exceed 6,000 people, a private investigation firm will supply additional personnel. He noted that the East Naples Fire Department has been contacted and will be on call, the Health Department will approve the food conces- sions on-site: and that there have been provisions made for on-site sanitary toilets. He reported that he would like to have draft beer at the festival and would be willing to restrict the beer to the new L.A. beer which is the light alcohol. He stated that EMS will hold the necessary medical facilities for the event. He noted that parking has also been taken care of. Commissioner Hasse stated that he would be more comfortable if no alcohol was sold. In answer to Commissioner Hasse, Assistant County Manager Dorrill stated that EMS and the Sheriff's Department do charge for special private event.. lie stated thc'lt Mt', Shumake need. to have signed agreements, letters of intent for contracts with Sheriff's Department, EMS, portable John., and Swðmp Buggy Days to the Clerk of Court ðt least 72 hours prior to the Festival in order to receive a valid permit. He noted that with reference to serving alcohol, there could be a stipulðtion thðt prohibits the sale of alcoholic beverages two hours prior to the end of the event. Co..issloner Has.e .ov.d, .econded by Comais.ion.r pistor and carrieð unani.ou.ly, that Roc); F..tiv/"... Per.it RF-8S1 to conduct an out6oor Music Fe.tiva1 on July 4, 19a!~. a, ~"" ßwa,,¡:. i:)ug9Y 'Jrounds for Fun Sport. and Entertain..nt, Inc., b. approv~d ~abj.ct to r.c.ipt of all approvals, lea.e., contract. and agree.ent. 72 hour. in advance of the day of the event and that no alcoholic beverage. be .old two hour. prior to the end of the event. He. 119 UTILITY SERVICE AGUEMENT BE'lWEEN THE FOUNDATION FOR MENTAL HEALTH AND AVATAR UTILITIES, INC. - APPROVED / Utilities Administrator Crandall s~ated that this is an agreement betwecn Avatar and the Foundation for Mp.ntè\l Health as an option, adding that they hðve run out of options for domestic water service for their needs for their expansion. He stated that they have agreed to drill a w~ll for firc protection, but they need domestic water and their needs could be supplied by a 2" water main. Page 42 G:::J r"7I ~:~ G:J "'.-",";". .~"~'-"" -~,.., . .,..:~.,... .,.~ - I 'yrfít-,-~-' -.'"':~"'f1'--"""'~'"1!, .....,.". '.'. . ~,":."·;,i:,'t't·,··~·" . .....-_. .....-.. ~,,- iiii1 CIiII liD May 21, 1985 Co_i.sion.r Pi.tor 1IO'Atd" s.cond.d by co_isaion.r Ha... 'and carried unanillOusly, that th. Utility S.rvic. Agr....nt b.tw..n th. ,Foundation for M.ntal H.alth and Avatar Utiliti.., Inc. b. approv.d. ðD~ 087pm2!J3 Page 43 . .'. .,: ,..", '.";.. .~~>. ~'~. ~~4J1ba""I.,.. ---.-.. .-'-"'-'- .. t:a t:;;;;1 Ma y 2 1, 1 98 5 Ite. '20 CONTRACT RE INTERIM FUNDING REQUEST OF $6,735 FOR COLLIER SOIL AND WA~ER CONSERVA~ION DlS~RICT - APPROVED Deputy Assistant County Manager Brangaccio stated that the Board has received a request from the Collier Soil and Water Conservation District for interim funding fO! the remainder of this year for $6,735 i which would 1:-e for a secretary! for the district officE' in Immokalee. She øtated that their budget re~Uest for 1985-86 is $33,705. She stated that if the ßCC does approve the fU",r1~nq for the remainder of the y~ar, Staff would like to see it done on a contract basis and would like to have Staff directed to prepare the contract for the Chairman's signature. Mr. Henderlong, Vice Chairman of the Collier Soil and Water Conservation District, stated that since the District's creation and adoption in Hay, 1984, it has been working in dealing with technical assistance. He stated that long-range plans have been identified and in order to fulfill them it is necessary to have a district secretary. He noted that the supervisor's are voïuntary and are not in the office to attend to the telephone callL. He noted thnt the annual budget for next year is a little more detail and that will be discussed at budget time. Co..issioner Pistor .oved, .econded by co..is.ioner Holland and carrled unaniaou.1Y, that, a contrar::t n' i,,+,~- i""l fundinfJ cequ'u~' ,";If $6,735 for Collier S"il and Water Conservatil..'" L}l..~, ~-:t: be approvf\d. Ite. .21 PUBLIC HEARING SCHEDULED FOR AUGUST 27, 1985, FOR PE~ITION DRI-84-5C, PINE AIR LA~ES DEVELOPMENT OF REGIONAL IMPACT LOCA~!D NORTH OF PINE RIDGE ROAD, WES~ OF AIRPORT-PULLING ROAD AND WEST OF TALL PINES SUBDIVISION - APPROVED Co..i..loner Pi.tor .oved, .econded by co..i.sioner Goodnight and carried unaniaously, that the public hearing for Petition DRI-84-5C, Pine Air Lake. Develop.ent of Regional I.pact located north of Pine Ridge Road, we.t of Airport-Pulling Road and west of Tall Pine. Subdivision be scheduled for August 27, 1985. Tape U 0 Ite. .22 PETI~ION ~P-85-3C, US HOHE/RUTENBERG HOMES, RE VARIANCE TO REAR YARD SETBACIt FOR LOT 6, BLOCIt C, UNIT 1, FOXFIRE PUD - APPROVED Acting ~oning Director McKim stated that this reouest is t6 allow lOOP; 087 fA';£ 297 Page 44 1111"'- . - ~..........._... ,_~..__....~\o"_''''~'('' -,..".,., .~.,. ,- .",-<, ,...,^,,,...~_.,,.,,,,,,,-,.'- ---....--.~_...~". ~¿J ~~' __.II 'P"'" .1.4. . _...~._~ -. -_. b..,....... ~ ~ ~ ~...-...-"'"._.., "." , , - 087 ",,-;1.298 UK May 21, 1985 a 1.B' setback variance to the 30' required rear yard setback for'Lot 6, Block C, Unit 1, Foxfire PUD. She stated that CAPC reviewed this petition and unanimously recommended this variance for approval. eo.miaaioner Pistor moyed, aeconded by eommiaaioner Goodnight and carried unaniaously, that petition MP-85-3C, US Hoa~/Rut.nberg Hoae., r. v.ri~nce to rear yard aetbac~ for Lot 6, Bloc~ C, Unit 1, Foxfire PUD be approve<!. Item '23 MODIFICATION OF THE COMMUNITY DEVELOPMENT ADMINISTRATOR POSITION DESCRIPTION AND SALARY GRADE E-08 - APPR0VED Commiasioner Holland moved, .econded by co..i.sioner Piator and carried unaniaous1y, that the modification of the Co..unity Developaent Admlnistrator Position Description and Salary Grade E-OB be approved. Ite. .24 BID 'BOO, IU!: ANNUAL TIRE AND SERVICE BID - AWARDED TO AIRPORT TIRE AND SERV!CE CENTER IN THE ESTIMATED ~AL AMOUNT OF $lOO,OOO Legal notice having been published in the Naples Daily News on April l, 1985, as evidcnced by Affidùvit of Publication filed with the Clerk, bids were received for Bid #800 for annual tire and s~rvice bid until 2130 P.M., April 17, 1985. Public Works Administrator Kuck stated that four proposal~ worc received and based on tire and service prices, service capabilities and inventory, Ai~port Tire dnd Service Cent~r was ranked as number one being the most qualified biddtor and in '...,e ,'~'t' \nte't'~Rt_ of '_h~ County. He stated thnt the es~imated annual amount ot expcn~~ture is $100,000. Coaaisaioner Piator aoved, seconded by Co.missioner Goodnight and carried unani.ously, that Bid 'BOO be awarded to Airport Tire and Service Center, l271 Airport Road, Naples, Florid~, in the estimated annual amount of $100,000. Ite. '25 BID 'B08, IU!: K~DIAN CURBS, STORAGE LANE AND TRAFFIC SEPARATOR ON MARCO ISLAND - AWARDED TO H. W. BEAUDOIN' SONS IN THE AMOUNT OF $62,012.00 Legal notice having been published in the Naples Daily ~~ws on April 19, 1985, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for median curbs, storage lane and traffic ~cparator on Marco Island, until 2130 P.M., ~ay 8, 1985. Public WorKS Administrator KUCK stated that the EngineEring Department has reviewed the unit prices and total cost for the median pz.ge 45 :--'""''1 ..,J r:::::J c::::J . ...----...---...........~........ ,- -~.,-" ".'-...." .,..--.--.. .,,~->,-..'~._--._._- c= c;;J ~ Ma y 2 1, 1 9 A 5 curbs, storage lane and traffic separator on M^r~o Island and based upon acceptable experience and performance of the work of the kind proposed, the Engineering Dßp^rtment recommended that the contract be awarded to H. W. Beaudoin' Sons, as beinq the lowe~t and most reøpon~ive bidder. H~ not~~ tnMt tnø Marco Island Beautification Advisory Committee unanimously recommended tñis contr~ctor at thcir May 9, 1985, meeting. He stated that he is recommending approval of this contract in the base amount of $62,012.00. Commissioner Pistor questioned why the be~utification fund has to pay for this work, to which Public Works Administrator Kuck stated that this project lies within North Collier Blvd., which is for the DOT, and in order to obtain the permits to landscape inside the medians it was required that the concrete curbs and turn lanes be put in at this time. Mr. Phil Joøberger, rnsident of Marco Island, stated that the beautification committee should not be helð responsible by the DOT for traffic movement wi thin their project. He stated th.:lt he realizes that the median curbs have to be put in to protect the landscaping, but to require a storage lane and traffic separator to impr0ve the appearance of n state highway is ridiculous. He stated that this is not within the ~cope of the beautification dependent taxing district, adding that the people on Marco Island are paying twice for it. He stated that he objects to this. Publ\c Works Administrntor Kuck stated that there is nothing that he Cdn do as far as DOT is concerned but when t~c improvements are made cn the South Collier Blvd. 8et:\ \C" ;'" "here :'::1 ani' alterations to the median as a safety improvement, th;! County would be willing to cooperate. He stated that this does enhance the project, but it also adds expense to it. Commissioner Pistor stated that the DOT first indicated that nothing could be done as far as the landsca~ing, and then they agreed that it could be done with the provisions of thp. curbing. co..issloner Pi.tor .oved, .econded by co..issioner Has.e and carried unanimou.ly, that Bid '808 be awarded to H. W. Beaudoin' SOn., Route 39, Box 860-A, Fort Myer., Florida, in the &aDunt of $62,012.00. Ite. .26 STAl"l' DIRECTED TO INVESTIGATl!: LEASING OR LEASE/PURCHASE RE GOLP' COURSE Parks & Recreation Director Vanatta stated that an ad-hoc committee was formed to study the potential purchase of a County owned and operated municipal golf course, addin9 that they reviewed this ~~;K 087 r:'.! 299 Page 46 ....l':'· . ,.1.., "'II" ~';:;:~¥tt 087 r~,;! 300 IOU May 21, 1985 matter and voted on it. He noted that two members voted to purc~ase the golf course, one member voted not to purchase, and three members voteð "No~ unleas the County was in a position to subsidize any financial ahortfa11. He stated that after some debate the Parka. Recreation Advisory Board made the recommendation that no action be taken at this time with regards to purchasing a golf course, but to keep the ad-hoc committee active and possibly authorize an individual or group of individuals to explore/negotiat~ the Lely proposal and any other viable alternatives. He stated that they are sbying that the Committee and staff has only been able to review and debate the actual proposals that were submitted and they have not been able to negotiate and there are a lot of unknown factors at this time. He stated that they have not been able to looK into any other opportunities like a direct lease or a lease/purchase, adding that they have not received authorization to do this. Commissioner Voss stated that Lely has indicated that they would be willing to rent Hibiscus golf course, and it would be well to investigate that. Commissioner Hasse stated that it would also be wise to investigate leasing Golden Gate Golf Course. Commissioner Pistor stated that the 9reen fees in the report are high and they should be investigated further. Parks & Recreation Director Vanatta stated that there are unknown factors and weather is one factor, adding that there are no guarantees ana there is a certain amount of r ~, .~~ spe~ulat~~n 1nvolved in this. He noted that t~~ elements that were ditficult to deal with were the rounds of golf and the green fees. The following people spoke in opposition to purchasing Lely Hibiscus Golf Course citing high green fees, the lack of ò driving range, the lack of a habitable clubhouse, a deficit the County will have, the opportunity for the Lely people to purchase the golf course themselves, the lack of investigating th~ Golden Gate golf course proposal, and the need to hold a rcferen~um to determine if a qolf I ' course is wanted: James N. Graham Louie Dee Tape III Jeannli! Brooker Commissioner Voss stated that the real question is whether or not to investigate the economic feasibility of renting the course for a Page 47 ~ E':::J r:',"-~ -_.,,- ,~"_. .'-' ~,'.ï:~.:>;:::-: ~·I¡t~'t"T,~......,.. . . "",,',.., ,^ .~ :., ',..,'~' ;", ,~~i,;¡:';", .:.~,'J¡i~~.:...,..,,~í.,"""'-" ':~;"iP~,...,~(~~"",,;.¡,¡> ....,..~!1:-...~1¡~;~.! . .] . - (;;iiI ~ May 21, 19R5 year or two and see if it can becomo foasible or not. Commissioner pistor stated that it needs to be determined what it will coat to rent the course and what will be charged for rounds. Coaais.ioner pistor aoved, .econded by co..i..ioner Ha..e and carried unani-ou.ly, that Staff be directed to lnve.tigate a lea.e or leaso/purchase to deterain. the coat of a golf course. ne. '27 YEAR-ROUND PA~IHG FEES AT VANDERBILT BEACH PA~IHG FACILITY - APPROVED Coaais.ioner Pistor .eved, .econded by Coaai..ioner Hasse and carried unaniaously, that the ye&:-round parking fee. at Vanderbilt Beach parking faci11ty be approved. It.e. '2B RESOLUTION BS-ll6 AUTHORIZING STAF~ TO APPROVE INDIVIDUAL SOCIAL SERVICES CASES NOT ZXCE!DING $5,000 - ADOPTED Public Services Ad~inistrator Norton stated that this item is in regards to the hanèling of soci¡Ü service cases that have been coming to the Bec for approval for payment of hospitalizðtion and doctors bills. He noted that Staff feels th~t if there is no legal requirement involved in bringing these cases to the Bee, he would like authority for Staff to be able to approve these cases up to a limit of $5,000. He stated that anything over that amount would come to the Bee for approval. County Attorney Saunders stated that he prepaLed a resolution that wets forth the fact that the CoU,11 . ''''i...?er would ,ppr<Jve these or the County Manager':> designee as long as LOt: Cu¡,¡i: '~as less than $5,000. Commissioner Holland stated that he does not see any benefit by having the County Manager approve this rather than putting it on the consent agenda. Mr. Norton stated that there would be no time lag onc~ it is known that the case has to be paid, adding th~t it does not m~ke a lot of difference to Staff which way it is handled. Commissioner Holland stated that there is confidentiality involved, but he feels that it is something that the Board should be aware of and there is a certain amount budgeted for this every year and he would feel more comfortable if these cases keep coming before the Board. Coaai..ioner Has.e aoved, .econded by Co..is.ioner Holland, that the .ocial service ca.e. re.ain under the jurisdiction of the Board. aOOK 087 mt 3'01 Page 48 "';¡" 't ~'.~'.. "~':-'~'~'~,:/'_~!j;~:'}'i;\_.,~-~t . )l~~~ ~. """'J'\t,,:, ~~~.,~::: 2~'~'~"~ . ;;:¡>.::...:~, co, ~-;. ~~¡..!. ~t(.i' ., 1:~.~,087~~302 M.y 21, 19.5 :/~:~'. ':.' Upon call for the que.tion, the action faUecS 2/3, (Co_iuioneu I.'i ','¡,~~1Cj1it, phtor, ancS Vou oppoucS). ¡r..i." .' . ,cc:=iuionu Qooðniqht acvecS, ..concSecS by couhlioner Ph tor ancS ~;'.:~a~d·e4 3/2, (CÒ~'iuioneu BollancS ancS B.... oppo.ecS) that Resolution ~~;"85~1~~ authoddng Staff to approve in4ivicSual .ocial .ervice. ca... 5X: . not. .J:o..ð1nCj $ 5,000 be aðoptecS. "\.~ ~f ~,;~. 'j, .' ;' ! .' ~ ~ !!E '- p ":~"·¡I\o\·_tl.",, . ,T_,,', t'.-, -- Page 49 ~'fi~ .. ~... ., ,:1: ' > .~I, ~ ..~ . ._ 'e "..!n". .-, c, "þ Bto!( 087~:! 201 Ite. .29 May 21, 191?5 PURCBASB OF PHOTOCOPY BQUI PMENT FOR THE AGRICULTURE DEPARTMENT MD TRANSFER OF OLD PHOTOCOPY MACHINE TO MEDICAL EXAMINER' S OFPICK - APPROVED Public Services Administrator Norton stated that there is an additional recommendation that does not appear ~n the Executive Summary, adding that he is asking that the ^gri~ulture Department be authorized to transfer funds from within their o~~ department for the purchase of some new photocopying equipment and that the machine that they currently have be transferrœd to the Medical Examinor's office. co..is.ioner Pi.tor moved, .econded by Co..i..ioner 8a.ae and carried 4/1, (eo..issioner Holland opposed) that the purchase of the photocopy equipment for the Agriculture Depart.ent be approved and that the old photocopy machine be tranaferred to the Medical ~xa.iner'. office. Ite. .30 WATER AND SEWER FACILITIES FOR BENTLEY VILLAGE - ACCEPTED. AGREEMENT RE BENTLEY VILT~GE CONTRIBUTION TO OFF-SET COST OF WATER LINES AND RIGHT TO HOOK UP TO SYSTEM - APPROVED Utilities Administrator Crandall stated that this is acc~ptancQ of approximately 3,500 !eet of water main and 2,800 feet of sewer main within the Bentley Village projec~. County ~~nager Lusk Htated that in working with the people at Bentley Village there has been an agreement reached, adding that Ben~'oy Village haf> made an offer to pay alr."!5t lOt of t!",~ L:(ISt "0 run ti,e lines to Imperial Golf Couree for the eft.. _¡,.. J-Je c;~Qted tnat he would like the BCC to authorize permission for Bentley Village to tie onto the sewer plant, adding that they can tie Phase I on until November, 1985, but he is recommending that the BCC authorize the agreement which would allow them to stay on in consideration of the almost $100,000 that will h~lp the County build a line to Imperial Golf. He stat~d that the application is in with DER for an additional 300,000 gallons ~nd he does not see any problem with receiving a permit. Utilities Administrator Crandall stated that the DER still maintains the ability to stop any further expansion of the plant or the customer base of that plant and/or a fine of up to $lO,OOO a day for being in violation of the permit. He noted that Bentley Village knew from the very beginning that the project may have limitations =egarding Page SO ~ L,....:...,:..:...J CJ t::!::J :\~''',~'. ,\.<.,..":,,~;::;:;,~, " . . . . "",.....~.~~J-~.'.; J¡i;""'!"'''J(¡'' ,.è ..-/ :- .L-,--:)"'" :,<~,.~":;.,~~,,,~ u-.l';~ .. ~. ~ , "J..~_~ .~,. ,.:; ~ . . .~., . ~ ;III rail' ~ I"ðy 21, 19B5 the hook up. He noted that ~here Are other developers that have paid system development charges and they have not been allowed to hoo~ up yet. Coaai.sioner Pistor DOVed, ..cond.d by eo..i..ioner Goodnight and carri.d unaniaously, that the wat.r and ..w.r facilitie. for B.ntley Village be acc.pted. County Attorney Saunders questioned if Bentley Villaqe has agree~ to provide a waivsr of any claims they may have, to which Attorney D. C. Nichols stated th~t there will need to be an agreement worK~d out between Staff and Bentley Village setting forth the fact of their hooking up, the fact of the County providing service and the fact that thi. ia a contribution to the County and that Bentley village will not au.. the Coun ty because of all of thi s. . County Manager Lusk s.tated that he would like authorization for the Chairman of the BCC to sign the agreement that the County Attorney prepares based on discu.sions that were held this date. eo..i.sioner Pi.tor .oved, ..conded by Co..i..ioner Goodnight and carried 4/1, (Co..is.ioner Holland opposed) that the Agr....nt regarding the B.ntl.y Village contribution to off-set the coat- of water lin.. and the right to hook up to the .yst.. be approved and th.~ the Chair.an b. authorized to sign said agree..nt. HOTEs Agr....nt not r.c.iv.d in Clerk of Board office aa of 6/3/85. lOOK 087 pm 305 Page 51 " , ...... .~. ;.., ···_·c;~:;:···;; ':.,:"~"'- ~ __._"_......",.,.,...,..~,,......, """~"".'''"''''''","'·r···'"''''~'__'''·'·'~'_ ---. , r:III S3ZI r.;;;;¡J May 21, 1985 U.. 131 BUDGET AMENDMENTS 85-276/277r 85-279/281r AND 85-285 - ADOPTED Comal..ioner Ha..e and Co..issioner Pi.tor .oved, seconded by carried unani.oua1y, that Buùgel Aaenðmenta 85-285 b. adopted. U.. .32 85-276/277r 85-279/281r and , I ! ROUTINE BILLS - APPROVED FOR PAYMENT Pursu;lOt to Resolution 81-150 the following checks were issued through Friday, May l7, 1985, in paym~nt of routine bills: CHECK DESCRIPTION CHECK NOS. A~OUNT Vofndor BÇC Payroll 128356 - l288l8 l3971 - 14636 $3,l05,082.44 $248,006.35 It.. 133 COLLIER COUNTY HISTORICAL COMMISSION - REACTIVATED Commissioner Voss stated that due to a Centennial in the City of Naples, he thought that it would be a good idea to have the Collier County Historical Commission reactivated. Deputy Assistant County Manager Brangaccio stat~d t~at the Museum Director reviewed this proposal and has no problems, adding that it would be a good format. She stated that he recommends that the membership be made up of the total community rather than just the City of Naples and that they report to the Eoard " "qù'\ls and a ",urr;Jse. She stated that one goal may be the development or th~ hlstorical preservation ordinanc~. Co.missioner Pislor aoved, seconded by Com~i..ioner Has.e and carried unaniaou.1y, that the Collier County Hiatorica1 Comaisaion be reactivated. Tape 112 It.. 134 PALMER CABLEVISION AUTHORIZED TO PROCEED WITH EXPANSION OF CABLEVISION FACILITIES ON SR-951 AND AT THE SAME TIME, FILE FOR A COMPREHENSIVE PLAN CHANGE AND A ZONING CHANGE Attorney Donald Pickworth, representing Palmer Cablevision, stated that he wrote a letter on May 13, 1985, explaining the situation of the cablevision facilities on SR-951 and he would like the BCC to adjudi- cate this matter. He stated that obviously there are two conflicting opinions and Palmer Cablevi.ion needs to know what their direction is. à~~K 087 rl~,311 Page 52 ~ . ~ ''¡,) /').... '. , ,:..';(~ - 'IfíI~; ··'f·" ..........- . .', ~ 087f'J".1318 May 21, 1985 In answer to Commi.sioner Hasse, ^cting Community Development Að~inislrator Mullins stated that it is within the province of lhe administrator to ~ake a docision as to whether a petition 'is in conformance with the Compr~hensive Plan or the zoning Ordinance. She stated th~t in this particular situation, there were three member. of staff that stated that it did not conform with either the Comprehensive Plan or the Zoning Ordinance, adding that a decision was ~ade contrary to that opinion. She stated that in her position she does not have the authority to give approval on something that is not in compliance with the Comprehensive Plan, especially since it 10 state regulated and she does not have the authority to oKay 80metning that does not comply with the ZQning Ordinance. Commissioner Pistor stated that the zoning allows what is being done, but it is not in compliance with the Comprehensive Plan. He questioned if this could be resolved by indicating that a mistake had bp-en made and asking that tlle petitioner apply for a zoning change and a comprehensive plan change? Mrs. Mullins stated that procedures are established to amend the Comprehensive Plan and rezones may be requested. Commissioner Voss stated that a person on the Staff authorized to make such an opinion approved it and the petitioner went ahead with their plans and now they are told that it cannot be done, adding that he does not see how this decision can be reversed. Mrs. Mullins stated that the previous administrator exceeded his author! ty. Commissioner Hollund stated ~1lat the l"~c"c., ::>n .,tatt was a person that was schooled and trained in this type of bURiness, adding that it would be wise for this Commission to stick to the original 'recom- mendation. County Attorney Saunders stated that if t~e Hoard wishes to go ahead with the matter, Staff and the petitioner should be directed to make the nppropriate change in the Comprehensive Plan and the zoning. He noted that legally the Commission can go either way on this matter. Attorney Pickworth stated that as far as a reQuest for a compre- hensive plan change or a rezone, his client has already started the project but they would have no objection to file for this but he would like to know if it should be done now or at a later date. County Manager Lusk stated that he does not understand why the administrative appeal process could not be handled over agnin. . 'OO~ ~ ~···t_è.'(~,Ùi..: \ [:"<..,,,..j t··'<!o'¡'::'::J . ...... ;'T......,'~--~v·,· "".~,...,~.""..,- . _.._!!I!'!._ ";'-"~'~~"-.1.",~(":,,,¡~v"""J~-,Jj, ,.....1.. _'}'¡'l.~_,.føl',:J.'1"··~'h...,·..~'~· .'.'T"'- " '. ~¡'~~;¡d:';.... " Page S3 .. &WI c;.;;¡ May 21, l'J85 Commissioner Goodnight stated that this mistaKe should be corrected and she would 11k'3 to recommend that they receive permission to go ahead and make whatever changeø ~re needed to clear up the whole matter. County Attorney G~unders stated Lhat the Commi3Dion, would be better off in requiring the zoni,hg change as opposed to saying that the previous administrator was corrJct in his opinion. I ' co_issioner Pi.tor aoved', seconded by Coaai..ioner lias.. and carried unani.oualy, that Pal.er Cableviaion b. authorized to proce.d with the .xpanaion of the cablevi.ion facilities on SR-951 and at the sa.e tim., file for a co.prehen.ive plan change and a zoning change. Ite. .35 COUNTY MANAGER TO DETERMINE BEST POSSIBLE WAY TO HAVE A PUBLIC MANAGEHE1fT PROGRAM AND BRING THB MATTER BACK TO THE BCC FOR APPROVAL County Manager Lusk stated that the Florida C~nter for Public Management is a group of consultants that work with the Commission on setting goals and evaluate the management and the Commission roles, adding that this is not the only sroup that is available. He stated that it will cost between $2-3,000 but he would recommend that the Commission have the program. Co.mi.sioner ~i.tor moved, .econded by Commissioner Has.e, that the Manager deter.ine the best w~y to have .uch a program and schedule it for the appropriate time. Commissioner Holland sto'lted tha L 'Î"mmiS5\c:'! sho'Jld be the ones to make the decision on the consultants. County Manager LU9k stated th~t he would come back to the Commission with proposals and a recommendation and the Commission would make the decision. co..is.ioner Pistor a.ended his motion to have the Manager bring back propo.al. and his reco_endation to the BCC for a final decision. Coa.l.sioner Ha..e amended his second. Upon call for the que.tion of the à.end.ent to the aotion, it carried unanimously. Upon call for the question of the original motion as amended, it carried unanimously. aOOK 087 PJ':: 319 Page S4 '¥.'J' ,.'1'" .~ ~ --.....-...- -'" , "M~ '. , '"^,..«.",...,._~-....... 1":"1 ~¡~,. t-Jllo< ~_., \'^':. ' :'.':01', 1"'" ~rJ:~~ ifi1. " -~~~> ~~:_ 087rm320 "~~ It.. 136 ,i+:i' ¡¡;.o;l ¡.,~';. :\,..,1, tl 'VI' ...:" ... ~ , , May 2l, 19A5 RESOLUTION 85-l17 APPROVING EXCHANGE OF DELTONA'S TRACTS -D- AND -E-, MARCO BEACH UNIT 7, FOR COLLIER COUNTY'S ACCEPTANCE or CONSTRUCTION OF ROADS IN MARCO BEACH UNITS 1-15 AND 21-23 AND REL1~SZ OF DELTONA'S BOND OBLIGATIONS WI'l'H REGARD TO TRANSPORTATION RELATED TO CONSTRUCTION IN SAID UNITS AND AGREEMENT TO BE EXECUTED BY BCC CHAIRMAN - ADOPTED Commissioner P1stor stated that this a möller whereby the County receives approximately 10 acres of land for the library and lhe County agrees to bring the roads on Marco Island to the minimum County requirements. County Attorney Saunders slated lhat the resolution provides what the substance of the agreement will be, adding that in Paragraph 3, there are four provisions that are being inserted but none are substitive. He stated that he Goes not believe that Deltona has any problems with those four provisions, adding that he would suggest that the Board approve the resolution and he will finalize the agreement for the Chairman's signature without bringing it back to the BCC. Coaai..ioner Pistor aoved, seconded by Co..i.sioner Holland and carried unanimou.ly, that Re.olution 85-117 approving the exchange of Deltona'. Tract. -D- and -E-, Marco Beach Unit 7, for Collier County's acceptance of construction of road. in Marco Beach Units l-15 and 21-23 and relea.. of Deltona'. bond obligation. with regard to transportation r.lated to the construction in saið unit. be adopted anù thal the Agr....nt b. executed by BCC chair.an. Page 55 ~~g ,- ~"':-t'/ ~. Œ!J c:::t ,., .~t·,""I";"'",:,,,~·,;,:,,',''''':'·''~;·'·''' ·'.1.",' ;''''_''.''J.'..'',.:r _.f..n___..... ,a.,,, ''''_,~¡...,''',:r ,\.~ " ',dh"'. ,'¡',r"CO;. ',I";!;, .-, ,. "....,,,...... .~¡·,:1-'\. ~,_, .".~.....')~,.. ,:'P"~J '\.;: ~"'I"I!' --, ,.,,' ~.,~..,._ ,;~ó.._ .._..,;.~,~~~,"" ~.""~'....~__~.,.-__ -: "-'.1 V .. - GiZ) May 21,1985 Ite. '37 RECONSIDERATION OF PETITION R-84-45C, bRUCE GREEN' ASSOCIATES, REfRESENTINQ MICHEL FORTIN, JOHN GOBEIL AND REMl GOBEIL R2QUESTING REZOHIHG FOR PROP£RTY LOCATED BETWEEN DAVIS BLVD. AND RADIO ROAD - APPROVED Commissioner Pistor stated that this rezone was discussed at the 5/7/85 meeting, adding that there was question irt his mind that only half the land was goinq to be used for an automobile dealership to start with and the other half w~Gl~ be used for something else if there was no need for expansion. He,~tated that C-4 zoning gav~ them a multitude of things that could/be done. He noted that he talked with the petitioner and he yould be glad to put a restrictive covenant on the land which would indicate that it could only be used for an autombile dealership. He stated that he would like to have the matter brought up again with the restrictive covenant put on with the understanding that trey will put in a request to rezone this piece of property to PUD limiting it to a use for a new car dealership. Co.missioner Pistor moved, seconded by eo.missioner Holland and carried unanimously, that Petition R-84-45C, be .echeduled for recon.ideration. ..... Co.mi.sioner Pistor ~Qved, seconded by Commissioner Holl~nd and carried unanimously, that the fOllowing ite.. under the Consent Agenda b. adopted and/or approved ..... Ite. .38 QUIT CLAIM DEED FOR ADDITIONAL RIGHT-01"-1,;; , RE RUGATr: DRI'''!.: }..,¡AD WIDENING PROJECT -,_.....~--- See Page 3.30 -.33~ It.. ,3S PURCHASE OF A TRAFFIC SIGNAL CONTROLLER FOR INTERSECTION OF GOLDEN GATE PA~AY AND SANTA BARBARA BLVD. IN THE AMOUNT OF $5,317 Ite. 140 PURCnASE OF TRAFFIC SIGNAL POLES FOR INTERSECTION OF SR-84 (DAVIS BLVD.) AND LAJ(EWOOD BLVD. IN THE AMOUNT OF $2,745 It e. '41 PURCHASE OF A NUCLEAR DENSITY/MOISTURE METER FOR PUDLIC WORXS DIV. AND RELATED BUDGET AMENDMENT &OOK 087f'm323 Page 56 ...-.~~,~..:::,~.~. :.:~ . .~_. .'--~--'-"'-'--"- .---- ..~",."""--~ - -', -..-,.--.......---'........,- --.....-,.--...,...- . -,*,'" "-'-'~ -"'--"'~'-""'~ ~-_.".......... ~. A4 . , -:",<I'~~~ ' '.- . ':! '~~, ..: ... .~ < , ~¡ t,·... 087n'.t324 {~.." Ite" '42 j'7t"" Ma y 2 1, 19 E\ 5 ~B TRAFFORD MEMORIAL GARDENS DEED NOS. 410, 4l4, 415, 416, 417, 4lB See Pages .3.3.3 -3.38' It.. '43 EXCAVATION PERMIT NO. 59.214 -RICOEPORT LAXES· (RIDGEPORT PLAZA SHOPPING CENTER) AIRPORT , PINE RIDGE RD. - SUBJECT TO STIPULATIONS 1. The lake excavations shall be performed in ðccord~ncc with Collicr County Ordinance No. 80-26, as ~mended by Ordinance No. 83-3, and as may be amended in the future excepting that side yard setbacks may be waived adjacent to the shopping center parcel, subject to the approval of the Water Management Directur. 2. No excavated material shall be removed from the project site. 3. Off-site discharge of groundwater during construction shall be only th~ough approved discharqe structures after water auality treatment approved by the County Engineer. Ite. 144 BID '806 AWARDED TO NEFF MACHINERY, INC. $33,230 FOR DOZER AND FRONT END LOADER FOR PUBLIC WORKS Legal notice having beer published in the Naples Daily News on April 11, 1985, as evidenced ~y Affidavit of Publication filed with the Clerk, bids were received for Bid ~806 for Public Works Vehicles until 2130 P.M. May 1, 1985. Itell '45 RESOLUTION 85-118 REQUESTING SOUTH FLORIUA ~ATF.~ ~~~AGEMENT DISTRICT TO ESTABLISH A POSITION OF DISTRICT FIELD ENGINEER IN COLLIER COUNTY, FL. See Pdge .3 3 9 Ite. '46 FINAL ACCEPTANCE OF KINGS LAKE UNIT FOUR, PHASE TKO - RELEASE OF IRREVOCABLE LETTER OF CREDIT NO. 31/FCH/JW/B4/121 CLYDP.SDALE BANK Itell '47 CONSTRUCTJON AGREEMENT WITH UNITED TELEPHONE CO. FOR UNDERGROUND CONFLICT RESOLUTION ON BAYGHORE DRIVE IMPROVEMENTS PROJECT See Pages 3,,;Lt') -3'-1-/ Page 57 - r::::J ~ . ______.___..._. "P--- ....- ,-'"~--'-<-_. ._~- .... ~ - --_._'-- - - =at ¡;¡;¡;;¡ '. May 21, 1985 Ite. US ACQUISITION OF RIGwr-oP-WAY FOR THE EXTENSION OF SANTA BARBARA BLVD. BETWEU RADIO ROAD AND DAVIS BOULEVARD - RECORDING AU'l'HORIZED WHEN REClUVBD - EXECUTE STALLINGS RIGHT-OF-WAY AGRJ!:!MEN'i' 53. Paqe' ...:¡p Ite. 149 RETAIN CONSULTING FIRM OF FLOOD/AND ASSOCIATES FOR APPROXIMATELY $3,000 FOR UOINBERING ANALYSIS RELATIVE TOCONDEKNATION ACTION ON PARCEL 15, PINE RIDGE ROAD EXTENSION ! Ite. .50 RENTAL OF CASB LOADER TRACTOR FOR ROAD " BRIDGE DEPT. FROM COASTLINE EQUIPMENT CORPORATION FOR $2,700 It.. '51 ATTENDANCE AT CONSTRUCTION PROJECT MANAGEMENT SEMINAR, BOCA RATON, FL. JUNE 11-12, 1985 BY CHIEF, SECONDARY ROADS SECT. APRROX. COST OF $695 Itea '52 BUDGET AMENDMENT IN AMOUNT OF $24,500 TO CONSTRUCT A REPLACEMENT KENNEL AT THB IHMOKALEE ANIMAL CONTROL CENTER Ite. '53 CONTRACT WITH HRS FOR GRPo.)T FUNDS FOR DISABLED ADULTS PROGRAM See Pages ..:3,£J -3# It.. '54 PURCHASE OF FIRE EQUIPMENT IN AMOUNT OF .;:';,~_;) FROM BISCAYNE FIRE EQUIPMENT CO. FOR OCHOPEE FIRE CONTROL DI8"l'RI~T (LIMITED SOURCE) Ite. .55 BID '80S AWARDED TO FRONT LINE EMERGENCY VEHICLES IN AMOUNT OF $27,150 FOR REPI.J\CEMENT AMBULANCE FOR PRIMARY SERVICE ARU OF IHMOKALEE Legal notice having been published in the Naples Daily News on April 11, 1985, as evidenced by Affidavit of Publication filed with the Clerk, bids were received for Bid _80S for a van type II rescue ambulance until 2130 P.M., May 1, 1985. Ite. J56 ASSISTANT PARXS " RECREATION DIRECTOR RECLASSIFIED TO PARXS SUPERINTENDENT AT PAY GRADE P-l1. RECREATION ASSISTANT POSITION RECLASSIPIED TO PARXS AND RECREATION COORDINATOR AT PAY GRADE P-6 aDaK (J~~p~~r~'~~ Page 58 4.. ", ,'. , ~r~,:.~""""~ "'I. "~".,,,.-, .---,-- .............. . .'1', . ~- ~'_. -........-.....,...,..,.-.............. ,..--..........'-~,OO(~~...,..T r~~'t:t.a:~ " ',..,i,~, '",' ',/"' '.. . . ',' . &IH 087 n~-! 326 Ite. 157 YOUTH GUIDANCE SUPERVISOR RETITLED TO YOtrrH GUIDANCE DIRECTOR Ma y 2 1, 1 9 P 5 Ite. '59 ~R!EMENT WITH DBVELOPZR OP WINDSTAR RE CONSTRUCTION OF INTERIM ON-SITG SEMAGE TREATMENT FACILITIES - SUBJECT TO STIPULATION 1. The Agreement document is found to be legally sufficient by the County Attorney for acceptance by the Board. See Pages 347 - 3/f-f It.. '59 PURCHASE OF UTILITY DIVISION PERCOLATION POND FILTER SAND FROM FLORIDA ROC~ INDUSTRIES, INC. AT COST OF $4.1S/TON PLUS $3.25/TON DELIVERY Ite. '60 IBM EOUIPHENT UPGRADE IN THE COMMUNITY DEVELOPMENT DIVISION It.. '61 PURCHASE OF 2 VHF RADIOS FOR EMS IN AMOUNT OF $3,388.75 FROM MOTOROLA. Ite. '62 SOLE SOURCE FIREHOUSE VIDEO TRAINING SYSTEM FOR ISLE OF CAPRI FIRE DEPT. FROM FIREHOUSE MAGAZINE PRO~CTION CO., N.Y. IN AMOUNT OF $2,430 IU. '63 PAYMENT OF OUTSTANDING INVOICE IN AMOUNT OF $2, 59l FOR REPLACEMENT OF TWO-W¡a.y TELE-COMHUNICATIONS RADIO EOUIP. FOR COUNTY MANAGER'S VEHIt:L! Ite. '64 PAYMENT OF OUTSTANDING INVOICE IN AMOUNT OF $2,SOO TO SUNNYGROVE LANDSCAPING CO. FOR SODDING ~ SPRIN~ER SYSTEM AT IHHO~EE COURTHOUSE Ite. '65 PAYMENT OF OUTSTANDING INVOICE IN AMOUNT OF $4,376 FOR HOSPITAL BEDS AND ACCESSORIES FOR MEDICAL WING OF THE NEW JAIL It.. '66 PAYMENT OF OUTSTANDING INVOICE IN AMOUNT OF $15,575 FOR CCTV CAMERAS ~ RELATED EOUIPMENT FOR THE SECURITY SYSTEM IN THE NEW JAIL Iu. '67 REPAIR OF PUBLIC ADDRESS/RECORDINO SYSTEM IN BOARDROOM AWARDED TO NAPLES SOUND IN AMOUNT OF $8,005 Pa<;te 59 ~,""'.' ~ ~ L..:.:!2. .1 r::::!J - ~~....... " "~ """''''''.'J...~~';';:~'''';'''' ....-'~'..., ',I, .' -~ ----.....~. - .....-- 0·" ""--- I"~~,. ~ , :.;;a ... ~~ MltY '1, lqA5 Ite. '68 CERTIFICATES 01" CORRECTION TO THE TAX ROLL AS PRESENTED BY' PROPERTY APPRAISER'S Ol"l"ICE 19AO '{'II.X RnT,r, 625 4/29/85 1981 TAX ROLL 634 4/29/85 1982 TAX ROLL 69l 1~3 4/29/85 TAX ROLL 373 ! 4/29/85 1984 TAX ROLL 200-204 4/29/85 l,)84 TANG InLE PERSONAL PROPERTY 1984-136/139 4/29/85 - 5/9/85 Ite. '69 EXTRA OAIN TIME FOR INMATE NOS. 33026, 25689, 45896, 36634, 46817, 34895 AND 39401 It.. '70 MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated belowl l. Letter dated ~/3/B5, from Lynne E. ^llar, Human Services Program Anal~'""t, Dept. of Health and Rehabilitative Services, Alcohol, Drug Abuse and Mental Health Progrðm Office, enclosing notice of annual mee!'n9. Poste~ as rC"~~9ted. Filed. 2. Notice of Sale ðnd Summary of Final Judqment of Foreclosure received 5/l/n5, Ie Case No. 84-2036-CA:Ol. xc: Mr. Saunders. Filed. 3. Letter dated 5/7/85 from John M. DeGrove, Secretary, Dept. of Community Affairs, enclosing copy of DCA rule, Chapter 9J-l, which affects governments lying within Areas of Critical State Concern. XCI Mr. Lusk and Mrs. ßrangaccio. Filed. 4. Letter dated 5/3/85, from Douglas L. Fry, Environ. Sup'v., DER, enclosing short form application File No. lll034305 for dredge and fill activities. XCI Mrs. Mullins. Filed. 5. Letter dated 5/8/85, from Douglas L. Fry, Environ. Sup'v., DER, enclosing short form application File No. 111036835 for dredge and fill activities. XCI Mrs. Mullins. Filed. aoDK 087 PI';! 327 Page fiO r' ·~·'f'~ -.........., . ,.."""~...." <.--..-- '·..r,,';':-, ~~. ,.. 087 ,,-::328 ~.)y 2l, 1985 6. CQPY of l.Ll~r dated 4/30/85, from Ralph L. Stanley, U.S. Dept. of Transportation, re conferenc~ on ~us Transit in the Suburbs. XCI Mr. Perry. ~iled. 7. Copy of letter dated 5/7/85, from Daniel W. Sheppard, of Henderson, Franklin, Starnes & Holt, re claim for lost wages and/or personal injury and request for employment records plus A copy of Affidavit. XCI Hr. !=:aunders and Mr. Luntz. Filed. 8. Letter dated 4/22/85, from Ruth Calder Trulson, President, Lely Civic Association, Inc., advising that their Board has approved plans for Lely Square. xc: Mrs. McKim. Filed. 9. Letter dated 4/30/85, from William H. Davis, Attorney, re damage to Mingo Road during recent Golden Gate fires and requesting assistance in repair of the road pluß copy of Resolution 84-73 naming Mingo Road and copy of survey of property. XCI Mr. Lusk, Mr. Kuck and Mr. Archibald. Filed. 10. Copies of minutes: Filed. A. CAPe 4/18/85 & Agenda for 5/2/85. B. Contractor's Licensing Board, 4/17/85. C. EMSAC, 4/10/85. D. Golden Gate Community Center Advisory Committep., 2/26/85 & 3/26/85. E. Ochopee Fire Control District Advisory Committee, 5/1/85. F. City of Naples, 4/17/85. ll. Memorandum dated 5/6/85, from Sheriff Roqers re First Quarterly Report of activity within the Confiscation Trust Fund plus cory of Report. xc: Mr. Giles. Filed. l2. Letter date~ 4/24/85, from John R. Wodraska, Exec. Dir., SFWMD, 'enclol>ing copy of "Order Rescinding Water Shortage Declaration in Collier and Lee Counties anù Declaring Water Shortage Warning", plus copy of News Releap~ rc ~~~p.. xc: Sheriff Rogers, Mr. Saunders, > Lu!,.".<: and Mr. J:o.tð\:.. Filed. 13. Letter dated 5/1/85, from Wilma B. ~8rtln advising that arrangements have been made to clear lot on Marco Island. xc: Mr. Woodcock. Filed. 14. Letter dated 5/3/85, from Richard I. Cervelli, Attorney, re Claim No. 391-28-3551, Maximino DeLeon, pllJS copy of Petition for Lump Sum Advance of Permanent Total Disability Benefits. xc: Mr. Luntz and Mrs. Rynders. Filed. Page 61 I ~';'·"'I ' ',......"(, c::::IJ ~ ~ .~ '. """"'-"---"':':-;*.---" ",.~ ..-.,~~..,~~~.~.... - .-.- ~,- -...... )" :'¡,tI~":''r.; ~~C:," M~·',....··" . iJ~':' ~~1~'ì:t~;~' : ~::ífi.'~;~ !t','!hi' \. "" . ~;;.,' . ;~' . --- -"'-'- -.. _.~._..~.. .. c::;J Eiiïi ,15. May 21, 1985 Letter 'dated 4/30/85, trom Rondd H. Hart, advising he is personal representative of Mr. and Mrs. Roy Hart and " inquiring a."to 1984 water and sewer asses*ment fot property in \'lilloughby Acres, p~us copy of letter from p.oger P. Conley dated 12/6/A3, to Sam J. Colding, copy of chec~ in a~ount of $473.74. and copies of ðft8A8ftmpnt. noti~~,. xc: Mr. Ledergerber. Filed. . * * * * There being no further bu¡{nesø for the Good of the County, the meeting was adjourned by Order.' of the Chair - Timel 4145 P.,M. BOARD OF COUNTY COMMISSIONERS/ ~OARD OF ~ONING APPEI\LS/EX- OFFICIO GOVERNING ßOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL "'"'R~~SS' CHAIRMAR ~~\fðIHf,ú ~/ ATTES'T.t ·t· " 'ê wrIit;lAI!! J'.' REAGAl'tJ CLERK .... /' r - ." ~,,¿. :. . ~~,..~~~ /1 ThU~:~i~t..~r-:'ð'ppr:.oved by the BCC on (~/er:/.I'/3- present~d ~ or as corrected t7 . as "OK 087 PA~,r 329 Pl1ge 62 . :~, '..iI'· :;::_,...;-...;..b.\I:~,¡.1'!.~} I;þ ._....................." - _WI' .,' ".--- ...:-.~.:..:::;:...;.--:--~-=.::....";...~:.;;.~--_.--~'-_......-*.--'--..._._.. ,-, . ':~ 'èl~ 'l:~ .,,:.'.~~ r:::"¿~ . ,?;~ , _..':'~~, .,1,,< ,~. *