BCC Minutes 08/11/1981 W
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NlIpl('(I, Florida, lIuqunt 11, 19£11
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LET IT SF. RF.~F.MOF.RED, thnt tho Poftrd of County Commissionors In
and for the County of Collier, and also acting as tho governing
board(s) of such spacSal districts ns have been created according to
law and hðvSng conðucted husincss harein, mot on thin date at 1130 P.M.
in Workshop ~os810n in Building "F" of tne Courthouso Complex with tho
following members present:
CH1\I1<M1\NI
VICr. cn1\ IRM1\NI
John lI. pi stor
Clfford Wonzol
Mary-Franccs Kruse
T\BRENT:
C. R. "Russ" WSmer
DðVid C. Prown
T\LBO PRF.SF.NT: narlcno Davldnon, Doputy Clerk, Terry v1rt~,
CommunIty Develop~cnt 1\~rnInI8tratorl Lee Layne, planner, Jeffory Perry,
~ontnq Director, ~nd, Donald Pickworth, County ^ttorncy.
¡..
I\(,,;E~m1\
1. proronod chanqes In d.naIty restrSctIons.
OISCUSSION RF.G1\nOING PROPOSF.O DENSITY RESTRICTIONS REL1\Tr.D TO ZONING
DI~TnICT~ - NO ACTION T1\Kf.N
C\'~.~unSty Pcvt'loprnent MminSslrlltor Terry VSrta oxplainod thftt,
pursuant to Commssioner Wenzel's roquost laRt week, he and hS. otaff
are pr~pared to explaIn the proposed density restrictions 1n relation
to tho propos&d zoning districts that are a pðrt of the propoRed Zonin9
Ordinanco emondmcnt that is to come before the the Board for public
hear1n9 next month.
Pa9. 1
e!N~ 063 fACE 67
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~oo~ 06'3 PAGE 58
^uqust 11, 19A1
Planner Lee Layno referred to a comparloon chart ~hlch indicate.
the present zoning ~istricts ðnd thoir relntive donsity restrictions In
thp proposed zoning Ordinance. She said that soma areas have no
comparisons bocause tho proposcd zoning Ordinance will delete Bome ot
tho present districts nnd Bome will be combined because the new Zoning
Ordinnnce comhlnes the Immokalee nnd the Coastal ^rCð regulations.
Regðrd i ng the Bing 10 fðmlly "roðs, she said that presently there
is PS-l, wh 1 c h ðllow~ npproximntely one ~wp.11InCJ unit per acre ðnd that
will rN,1cJin the Dðme in the proposcc1 Zoning Ordinl'nce. She said that
this ðppllos to all single fðmily dIstrlct~, inclurlinCJ R5-1 through
RS-~. Mu. Lnync snId th...t ð new c1istrlct 10 prop09cd, known DS RSF-5,
which will tðkc care of platted nnd undcrnizcd lots in Immokalee,
Goodland, Naples park, and other nreð6 in the County. She Bðið that
this di9trIct's dcn~ity would be (¡ dwolling units por acr~. In an8w~r
to Commissioner W~n%cl, Ma. Layno expll'ined that these un~er81zod lots
are less than 7,500 sq. ft. in ðrcð. Commlsßioner Wenzol expressed
concern that tho County would "llow anyone to conntruct a homo on leas
thnn 7,500 sq. ft. of lnnd nnd ntðtod that he would not vote for
allowing moro thnn 4 dwelling unito per acro in the prorosed district.
Tho dI5cussIon cont.lnued rcqnrdInq t!¡eflo p,Qoontly platted lota, during
which ~s. L~yno ntntcd thðt the lnw, through the CourtB, hðs
estðbllGhed thnt these smðll lot~ ðrc qrnndfðth~red in and that the
own~r mu~t bo nllowed to unc them to con~trUCt ð slnqle family unit.·
She naid thðt thQ County hns, however, in tho past, required ðnyone who
wished to con9truct a duplðx on those smallftr lotll, to liS. two Iota
togother. fo4s. Layne said that Nðpl.s Pðrk hc!ls somo 4,000 sq. tt. Iota,
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^ugust 11, 19R1
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and Immokolce hðß soma 50 ft. X 135 ft. lots. Zoninq Oir.-ctor Joffory
Porry stated that thoDe lots woro platted l)nd recorded ye..,rs ago,
adding that tho County will juat havo to Ilvo with thém until ouch time
as they are all uDod. It waG polntcd out that thn Int~nt of the new
RSF-S distrIct that will be create~ Is to rocoqnlze thoso small lots
and, In nnswcr to Commissioner Wcnzpl, ~r. Perry stated that It would
bo up to tho dincrctlon of tho Bo~rd if any further lot~ of this slzo
were to be platted. Alna dlscusßcd wan thø mInimum dwelling unit ølzo
that may bo conutructed on thoso loto, which was explained by Ms. Layne
who said that the minimum nlngle C..,ml1y unit Is 750 sq. ft. ^lso
pointed out by Mr. Vlrt~ 15 the f~ct th..,t thn setback requirements are
what ðctcrmlne~ tho maxImum sq. ft. of buIldable space on those Iota.
Ms. Lðync ntatp~ th..,t tho existIng regulatIons have a nM-I and a
RM-lA district, which r..,ngrR (rom S.A to (,.2 dwelling units por acro.
She saId th~t the new Zoning Ordlnanco will comblno those Into one
district, known nR RMF-~ dl~trict which will allow ~ dW9lling units per
acro. She s..,id that this Is b~sically the Napløs Park area where
approximately two lotn would bo requIred to construct ð duplex,
however, a 5inq10 fnml1y unit will otl11 bo allowed. Commisslonor
Wenzel asked why the RMf-f> ~iotrict 10 not lImited to one dwelling unit
per acre. the s~me ðS R5-4, adding thðt tho land ftize 18 thft samo. ~s.
Layne ~xplftlned thnt RS-4 reter~ to single f~Mlly ðnd RMf-~ refers to
multi-fðmllYI the Inttor Is basically a duplex/triplex aroa.
Mr. Jack Conroy, Presidont or Nðpl~8 1\ran P~ard o( Realtors, .poke
in oppositIon to arbitrary reduction in density a& a benefit In Collior
County. H. disaqreed with it statoment II1ado by C0ll1mJ8sSoner Wenzel that
P.98 3
aao~ 063 fACE 69
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~QO~ 063 PACE 70
^uguat 11, 1981
.people aro our problem", ðnd ho said that "peoplo are a solution,
too., oxplaining that thero aro certain things that the County cannot
~ave in an urban area without certain.numhers of people. He went on ~
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rccord as opposed to tho phl10Ðophy that arbitrary reduction in dcnoity
roquirements are of benofit to the County and said that the oppposlte
may be nccompl ished. Ho sa id that "urblln sprawl" could compound the
probloms of the County in that serviceo will still hllve to bo provided
to tho namo numhor of peoplo only they will spread out further across
tho County. He said thllt lIrbitrllry reðuction in density, whÐrever the
district lies, may not be n justifiðble solution becausc thero has beon
no evidenco presented that ð reduction from ~ dwelling u~its per ncre
to 4 dwal11ng unitß ~r ncre or nny other numbers mentioned thUD tðr,
would mðko thin n better community junt h~caUAO of th~ nUMbors uDod.
He 8~ggo~ted thðt n port of tho proc~RD hnD to be "d~,"onatration of
public benefit" prior to a reduction or any ~dju9tmont In the presont
density reatrlctions.
Ms. Lnyne continucd to oxpltl1n the proposed reductiono In density
ðnd stated that the prftßont RM-IA which allows 12 dwellinq units per'
ncre will be continued ns RMF-l? wIth 12 dwelling unit. per ncro. Sho
said that is mi~-lino botween low and high donslty multl-t~,"ily
dlstricts.
Ms. tayne s1'lc! that tho pronent TDR-l dlDtrict: Is proposed tor
dol et Ion.
Ms. Lðyne stlltod tt.nt the pronont PM-2, which ran94Pø froln 9.';8 to
30 dwellIng units par acr~ 18 proponad to bocome RHF-16, which will b.
red~ced to 16 dU.ðcra.
Chð Irmðn piator .aoked if the figure · Hi· va 8
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^Ug'ùRt 11, ll)R 1
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chosen arbltrðrl1y? Ms. tnyno ßai~ that, or1qinally, tho '~tar! had
decided on 18, becauso thoy wished to keep the numbers ae ~, l~, and
19, however, the C^PC recommon~ed that this numbor be reducod to 1(,.
Mr. Virta Bald that th. amount of work thnt had gon~.lnto tho Wentry
lovol housing" Is a part of tho reason for the C^PC'a recommp.nd~tlon.
CommiDoloner Wenzcl asked if tho numhcr "1r,~ was "just taken out of the
air. or was th~ro a reason for u~inq th~t numbcr? Mr. Vlrta said that
thore wcre ð number of rensons thDt the nu~hcr ftl~" WðS choRcn, all of
which led the staff to believe that it W~5 a good number for
development purposcs, especially for entry level hou~lng.
Commisalon~r Wenzel roiterated ~ story of two co~munltins, one on
the en5t coast and ono on the went coast 1 both were on the wr.tcr, both
had the same popuL'tlon. fie said that, in 19f:O, one limited th.ir
bulldlngc to throe storien and ð mðxlmum of 15 dwellIng units per acre
density, one dId not I ðnd~ todny, the com~unity that estahl1Rhcd the
density limitations does not have half the prohlems that the other
does, nor Is their popul~tlon ono h~lf as lnrgo. Com~IB81oner wenzel
saId that that same community 10 not considerIng exp~nditures of
millions of dollara for wl)tor/ccwIHJO (lxpnn!51on and Court;,ouso ~)(pan8ton
as is _ iller County and that this is becauso of good planning and
limitations on denalty. Ao said th~t he fee1ø that this proves that
-limiting donsity will limit thO number of poopl. in a community·,
adding that thiR wIll .p~y off In ton or twonty years". Referring to
the tax incroase this yeðr, he Baid that Collier County ia just
bO<]lnnlng to -feol th. pain of growth".
Mr. Vlrta said that it i. not an iøaue that can be anftvored thl.
paq. 5
eco~ 063 fACE 11
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BOO~ 063 PACE 12
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^ ug us t 11, 19 fll
simply, i.e. if th~ ~ounty wore to arhitrarily hold th~ density down to
1 dwolling unit por acre It could not afford that development, duo to
tho cost of providing servicos. Ho Baid that a community of 80 litl.
ðenoity would load to n tax structur. "00 far out of Bight-, as to to
proclude ar.tunl ðevelopmont. Commissioner Wenzel disagreed, statlnq
that, if there were only one unit per acre, thoro would not be a need
for sewage plðnto ~n~ that septic tanks would be sufficient. Mr. virta
8grce~, adding that thern would, however, still bo ð need for other
services. such os police, school buning, etc. Commißsloner Wenzol s~id
thnt the population would bo 00 much 8m~llcr that fewor schoolø, buseR,
etc. would be need~~. The discussion continuert, during which Chairman
plstor s~id that, realistically, the Boord must realize that the
-damage is do new and Wtho County cnnnot go backwarðo", propertleo have
been p1ðtte~, ~nd, past Oonrds have approved these omðll sized lots,
high densities, ctc. Commisalonor Wenzcl n~ld thnt he still thinks the
highost number of dennlty in Collier county should be 15 dwelling units
per nero. Ms. LDync ~l1id thnt the stn!f Is proposing that tho maximum
bo 1~ dwellin~ units per nere.
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Co~missloncr Kru~e ~tcpped out of the room during tho a(oromentloned
~lausslon ðt 1:45 P.~. and roturned to the m~etlnq at 1:S0 P.M.
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Ms. Lnyne etated that, currently, tho mulltfðmily RT district
allo~ß 20 dwelling unite por acre end 30 for hotols/~ot.lo. r.he sði~
that it In proposed to roduce this to 1(, and 2';, res¡'ectively. This
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wnB discusnnd brlo(ly, during which CommieslQner.Wenzel said that
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^UCJust 11, 19~1
hotoln/motcla ahould be limited to '0 dwelling unitø
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per acro.
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the FVR, MH~O or
Ms. Layne stated thðt no chlHI<Je Is proposed for
MHnp dllHrlcts.
The reasons for having certðin frnctions of a whole numbor as
density restrictlono was dlscuBsed, during which MesÐr. Porry and Vlrta
explalnod thnt the5n n~mbors aro arrived at by dividing tho minimum
0120 of tho lots by the number of oqunre foot In an ðcro. Ms. Layne
added thðt thin numb~r 10 not evcn bccðuse an nero h~s 43,~~O sq. ft.
Mr. Vlrta stated thðt the density figure Is ð max!mum figure and In the
cðse of owncrnhip of only one ðcro wIth ~ density restrIction or ~.2
dwellIng unIts per acro, only six units could be conotructed.
CollIer Count~ 5 po~tlon r~gnrdlng the pr~Rently plattod ~mnll
lots was dlscusse~ further, durIng whIch CommissIoner Kruse raId that
if the County does not r~cognlze thc~û s~all lots 09 ð Zoning disrict,
then, thero would he ð prolIferation of non-conforming lots for whIch
the flo ð r d '.0'0 U 1 d h ,'IV e to hell r pc tIt Ion n for va r I ð n c It sin 0 r d err 0 r t hit
rospectlvo ownors to he able to uso them for constructing dwelling
units. Commiss!on~r Wenzel Gtllted that ð person should be requlrcd to
huIld on two lots if they are small and ~ vðrl~nco should be required
if they ~~hed to build ð hone on only one of theß~ 8mðll lots.
ChaIrman Plotor and CommIssioner Kruse pointed out tho amount of time
ðnd money for staff ti~o that thlø would ent^ll and County ^ttorney
Plckvorth stated that ther~ ðre alrea~y a lot of variances belnq
considered on a roqul~r basis, for tho PM-l^ district, partly because
the County has this kinð of problem, i.e. non-conforming lots.
Tho propoøed dintrIct cnlled TTRVC wae oxplained by Ms. Layno aa a
paqe 7
~OOK 063 fAt{ 73
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eCOK OS3 fACE 74
August 11, 1901
combination of the present travQl trailer ~nd recroðtionðl vohicles and
tho campground districta. She said thðt the density will bo 36
dwelling units per acre for the recreational vehicles, and the
campgrounds will be I? lots per acre.
Referring to the ·E~ estates distrIct, Ms. Layne said that this i.
not proposed for chango ðnd will remain at 1 dwelling unit per 2-l/4
ac r ð a .
Propooc~ Agriculturr. dintricts wore explained by Ms. Lðyne who
Baid th~t, prosontly, In the Coastol T\rea th, ·A" district's density Is
I d',..oIllng unit por 5 lIcres and, in ðn effort to prese(vo tho true
agrlcluturc UDC, tho propoßðl is to have two dlatrlcts un~er
"'lr1culture. Sho 8tdd thðt 1\-1 will bl) 1 ("'..ol11n'7 unit ~r 10 ðcre..
Dnd 1\-2 wIll be 1 dwelling unit p~r 5 ðcrcs. This was ~iocussed at
length, durIng which CommlAsioner Kruse stnt~d thnt she was concerned
that tho agricultural dlatrict that allows for one dw~lllnq unit to he
conotructed en 5 ncrc~ would encourag~ developcrs to buy nqrlcultural
land and split It up Into five lIcre parcels. Ms. Lðyno said that it it
werc zonod unr1~r curr('nt 20nln'J thla would be permiRsableo, however, It
it 18 zoncrl under tho propost"" A-I it would not. roml'llsslonor I<rune
a~.,.d ....hy tht're 10 ð need for two agricultural donsltl,cR lInd Buqqcsted
thnt all agriculture landn have tho 1 dw~111ng unit per 10 acrel
inateod. This was dlscuss~d !urthrr ðnd Ms. Layne said th^t tho 10
acre minImum would ðpply to ðOY arcð prosontly being used prim~rily ðS
formland nnrl tho 5 ncro minimuM Would apply to thone area. that are
being dcv"lopcd primarIly ðS homo øltes. ~s. Layno stated that the
fact that tho land us.d to be In the Imnokftlce lIr~a Plðnnln9 ^gency
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^ U'J U R t 11, 19 n 1
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doos not hðve ðny boaring on tha proposerl zonlng. ~r. Vlr~n stated
that, historic~lly, ~qricultural land hðR been vieworl ðD a -holding
zono- ðn~~ that thore are cort~in areas which are close in that will
rightfully be dcv~lopad, th~ge arc the 8rCðD where the ^-2 will apply.
Co~mißslon('r Kruse lIGked \o.'hero th~ line wIll be drawn nnd Mr. Virtð
said thllt thlR hns not bc~n d~cld('~ lit thin point.
Durln~ tho ongulng dIscussion, romminaloner Wenzel asked if the
now densl ty had been nl rClH1y cstabllshed liB proposed, would the
problems reg~rding the c~~e tl1at WDS conEldcred by tho ~oard this
mornlng durIng negular SC~Rlon hoen lIvoldod, In thilt the developer
would not have hnd the opportunity to choone b~tween ~.21 and 30
dwollln'.) unltß per ~cre for hln p~rtlcular ~~vcl~rmr.nt? Mr. Vlrt~ Baid
that it would, c'ld<l1ng that \o.'hat the qent.le"\lIn WI'IS requcGtinq would hðve
fit perfectly In the RMF-)~ diatrlct and he would hnvc heen rentricted
to no more th1!n Hi dwellIng unIt!! per ðcro.
Mr. virtð said thllt the Comprohensive Plan hae ~ definIte problem
with the varIed densIty from fi." to JO dwclllnq unlt~ per acre, adðinq
that the :\0 h.':Is bccon reducf'd to I*', however, there Is stIll a problf"m
regðrdinq the apreðd froM -6.22- to the ")~", i.e. thla still lacks
su!tlclc~t delln~ðtlon. commissioner Wenzol I'Iskeð why there needs to
be ð minImum d~n51ty nnd ~u~qestoð that tho maximum ~ensity Is all that
iø necesRory.
Mr. Conroy Interjected thnt he hnllcv~8 the Po~rd i. confusinq the
Zoning Ordinance ðnd tho Comprchons!ve Plnn. Commissioner Wen%el .ald
that it is the combinntlon of tho two, And M~. Layne added that the
t
.land UftO Is what stoers one towards the approprlatoness or the type of
paq. 9
~co~ 063 PACE 75
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BOOK 063 FACE 76
^uguat 11, 19111
development, thus, the need for zoning classifications of a specific
nature. She said thot if thla wore not true, tho County could just
st~to that nowhore in the County could thoro be a higher donsity than
l6 dwollinq units per acro. Sho said that thero needs to be an
intorconnection betw~on zoning and land une and that is why the minimum
density 19 outlined for the multi-family ðistricta. ~r. virta Boid
that, while thore ðrc problema with the numb~rs ranges, the use of a
minimum and a maximum DlloW5 for better planning, i.e. utilities
exp¡msion, etc.
Comrnisnionor Wenzel asked wh~re co~~crlcal zoning is outlined on
the chart and Mo. Lnyno sold thnt this 1~ not, bocause only that zoning
which hos correlnting densIty requlrrncnts Is being discussed. She did
say thoro will be threo ~1(fcrpnt rli8triets for what ia pro~tntly zoned
ðS CRC. She also ßal~ thnt rðngrs for hotels/motels will be opplied,
os per C1\PC r~commendations, ~t 1~ unlt~ per nere.
The 1\grlcultural dlstrlctn wns ðincUGRCd agaIn, as ~aft the Intent
of the staff to cncour~ryc tho non-rlnvclo~cnt of aqrtculurol U8e lands,
and at the S6m~ time prc9crvin~ tho theory or smaller ~rcols for
primary homcaltos, as outlinrd hy ~r. rrrry. Also dlscuoneð wa. tho
rogulðt~ùn thnt ðll0~g ð trniler on ð nininuM of 10 acres for tho
period of three YCArs the numhcr of Mohl1e homos ~llowed pcr acre tor
a tr~ilor ~'rk, and, the method of ~oternlnlnq density, Includln9 the
fact that thi~ ia b^9~d on the l^nrl aro^9 ^fter deducting sotbacks,
ronda, utilities, eðÐcments, wnter mnnagement areas etc.
Commlssionor Won:;:el IIske<' if the proposed dcnAlty "'Ill he appl1ctd
to all new dcvolo~ont and ~eSArn. Porry IInd Vlrtð atatrò that they
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"lI<JUst 11, 19P.l
fir
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would.
Chðlrmðn r1otor ot~ted th~t he holieve8 that tho stat! 18 heading
in the right ~ircction,.~nð ho askod Mr. Conroy if ho had ðny furthcr
commenta?
Mr. Conroy statrd thðt he ia opposed to changing the dcnolty of
the RM-2 district. He referrcd to tho pr~ß()nt dcnslty formuh as
·creative- and Bð1d thllt to ðrrlve lit Dny numher, ....hether It 11'1 fi, 7,
or 0 unito per acro If! IIrhttrðry. Ho 5ðlr1 that this 18 one of the' few
zono!J thn t docs not rcr¡ulro th i 5 1 whðt It requlrcs lnstoad, is basic
Innd UBe roL,tcd to a c1r.nlqn. 11(\ sl'dr1 thl'lt thiR Is one %ono WhlHO the
Inrqer the nize of the unit the More unIt" thðt cðn be constructod pcr
acre ðnd it Is hns ð tcndency townrda hcnp.!itlng tho ~oro expenolvc and
the lcHge unIts and pen.n)izing thf' srnð1]C'r units. Mr. Perry explldned
that In the P.M-2 dIstrIct the dp.nalty of ncro is a function of lllnd
nrea and IIP.utment. 110 sl'lld thl!t tho tOUll or the IIpðrtmento ðnl'i the
lðnd together equl'lla tho total ~enßlty "ren to be uned In the denøity
unit per IIcrc. 110 .,180 Boir1 that thp mðrket entllbl1sheR thli Rlze of
apartmenta that clln be hullt. This expll'1natlon WIIB discuo~ed in length
and led to n dlßcunslon on blll1cilng haIght, lInd whether or not the
County ~as goIng to limit the heIght of bul1ðlnqs in an attempt to
reduce donaity. ~r. rorry explained thllt the calculation method of
determIning ðennity ....111 bft ultim~tely done ðway with it the proposed
dennlty reotrictionn as outlined by ~~. L~yne ftre adopt~ð. Therefore,
th~r. would be no need to attempt to limit denoity by l1mitinq height.
Co~m18sloner wenzel concurred that there would not bft a need to li~tt
h.l~ht If density 1. reduced. Mr. Conroy respectfully ~i8a9re.ð.
4)
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Mr. Conroy sft!d that this discussion would only take place it
~. every"no ðdmitted thl\t, in overy case, denaity is an evil. n. adðed
that, in some cases, density might not be an ovil. He referred to Unit
4 or Park Shore, which he termed liS one of the most impressive living
environmonts in the Country. Ho said that his entire argument ia not
thnt overywhere 18 good, however, it hOB to relate to th~ way that tho
community 1R planned. tie ðl~o atated thnt he. objects to tho ftrbitrary
ftllm1nntion of the RM-2 denGlty formula. Commissioner Wen7.cl stated
that he can only ace onft Qr~ð in the County where hiqh density is
jUBtlflod and thðt 18 the w<"Itnr!ront tlreo. 110 stile! that this io
justified bocnuse thero ~rc qovcrnmont raBtrictionn on mðkinq ony moro
wlIterrront prop(!rty. lIowcvf'!r, he ~aid thllt there If> no roason to crowd
anyono in the inland I'Irea~ wherf'! there are hundro~9 of thousands of
lIcrQa ðval1nblo.
~r. Conroy dlncuGßcd whl'lt ho thinks wIll happcn whcn tho
watorfront property In CollIer County i~ uned up, I.e. the dovelopors
will hðve to croðte thelr own ðmenltieB, i.o. golf courao~. Chairman
Wenzol suggosted that the otaff crento another zoning cl'ltøgory for
waterfront lotn. Thla WðS rll~cunged, durlnq which Mr. Conroy ftald that
he favoLs u~lnq cre~tlvc dcnl1n ~nd 11'1n~ use pll'lnnlnq to ðet~rmine
den~lty. COMmlsnloner ristor 5t~ted that the propooed R~F-l~ district
would stIll ðllow for design fle~ðbillty ~nd would elimlnðte 20 story
buildings ðt tho came time. Mr. Conroy sold that he connidera that
this Is based on the theory th3t ð11 hiqhrls~ bu~ldinqs ðro a aocial
dinvðlue, ðnd h~ Is not willIng to tldmlt thnt this io a (ðCt. He said
that tho COMmlsßlonor~ should not blðme peoplo rot inðppropriðte
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,planning in the past. Commissioner ~ruse ðokod for clnrification as to
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whethor Mr. Conroy in objecting to lowor density or tho method by which
the figures were decidcð? Mr. Conroy 9~ld that density ~8 an iOBue
cannot be looked at excopt within th~ frnmowork of ð maRter plan. He
said that the ~rbitrðry detrrmlnðtlon to'lownr dp.nslty would be
objoctionl'll. 110 f>l\ld that the P01.lrd hao to look lit ""her" the land h,
what the bont us~ of th~t lond is for tho ontlro community, and, then
determIne what kinds of d~nßlty OU1ht to cxlat on that p~rtlculnr piece
of land. 110 aa 1<1 thðt he dOOR "'Jroe that thero ne~ds to bo less
density In certnin ðr~as, however, thIn needn to bo considered on an
lIrea by aroa b~nin whon th~t land io boing consldorcd for devolopment.
CommIssioner rlator ey.plnlnc~ th~t the mðjorlty of the public is
oppo9cd to buIldIngs of rxccßGlve h~lght arod thnt thin io the ~ajor
complðint m~do to hIm. Mr. ronroy ßald thot he hellevos this stema
trom past experlonces of those mombers of tho publIc, wheroin crime and
violenco ðr~ rolated to bIg hul1dingn nnð crowds in the areao from
which they liv~d bofore comIng to Collier County. He sôid that this
does not have to be tho ca~o. Comml~Aloncr riator 8~ld that oxcessive
traffic Is anothor reason, arldlng thðt he ~lno shnreR ð np.gative
response relat~d to heðvy tr~f!lc. Commisslonor ~rueo Bðld that she
alao 18 conccrncrl about crowdod communltlcs ðnð sh~ th!nko that the
thoory that -loGO density ~can~ l~øB people" id Vhat ~otiv~t.s the
proponent8 of the "low dc.-nslty· !(lSU(!. Sho øaid thltt she can
und~r8tðnd the faction In Collier County thðt is oppoøed to high-rises
and high denolty bocause oho also ðgre~s that the poac_ and quiet of
Collier County iø a quality of lito that brings people her_ cnd ia what
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thoy are trying to preserve.
Chairman pistor said that the propolled density figures aro re~11y
a compromise betwoon whllt somO people would like and ",hat the County t.
actually f'xperienc1nq. He said that ho consirlers thesa proposed
flgures as -ð rcco~nition of reðlity" as woll aB a tool towards
lIvolrling problems nS80ciatcd with high density in the pnst. Ho further
stated that he does not b~liove that the new figures will negðte nQW
subd:vlg1on~ from being constructed In much tho samo manner a8 they
hnvo been constructeð in r~ccnt yt.tðrß. fie saId that he believes that
tho staff hns Incorporated the feelinq of the qencrol public with what
tho Boðrd wants, 1.e. -pre~~rvlng the idoa that thinqs will not get any
worso ln Collier County duo to high density·.
The discuG~ion contInued regarding the pros~nt Comprehensive Plan,
the rolðtionnhip with th~t rlnn end hulk purchlloo of 111nð based on the
speculation that, one day, it will br. ðevcloperl accordinqlYI the (act
that the m~jorlty of tho Innd in thr. County Is prcsently %oned fer
those designated uses outlln~d In the ComprehensIve Plan, as eKplained
by Mr. Vlrla, ~nrl, tho fnet that benehfront prop~rty Is ncarco and may
need to be h~ndlcð Dep~ratoly. Commlosloner wonzol øtntcd that he
woul¿ .~rcfer to s~e recomnondntlons from the stntf r~~~rdlng a rezone
applicatIon, b1Jscd on justl(1c~tion accordlnq to nee<1 for the propolled
kind of use of th..,t pnrticular piOPfHty~' This was discussed brloCly,
during which Co~mlÐslon~r Wenzel said that jU8t becauso tho
comprehonnlve Plan OhOWÐ n plIrticulnr land uno plann~d for the future
for A pnrtlculnr areA It may not bft noe~èd at the point in time when
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the pe t 1 t1 0 n e r 1" r C' q u " s t1 n q t h" t kin dot use, s po c if 1 c 1111 Y if·
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8ufficlent numbers of pooplo are not locatod In that particular ðreð.
The discussion continued, Including the possible Inappropriðteneøl
of certain zoning In th6 City of aoldcn Gate, the beneCiclal features
of PUP (planned Unit Development) zonlnf]1 nnc1, Mr. Conroy's øtatom(!ont
that the Ooard of Reðltors hns hlrp.d an independent ~conomic study
group, led hy an Urb~n Economist from 1\lbnny, New York, rcqardinq
whether or not devclo~ent is "paying its own wny" which he offered to
submit to tho County CommlnRlon.
Plllnner tee L/lync ~dcireßEcd P'.r. Conroy': objection~ to the r~m()vnl
of the currcnt formula b~slß of detcrm!nlnq density from the proposed
RMF-l~ dIstrict, ntntinq th~t the flexibIlIty of ~eslgn Is still
~vailable nnd the only thing th~t is hcln~ done is dropping the maximum
donsity (rom 30 to l~ du/acre. .Shc nßI~ that, depending on how the
archItect ~eslqn5 ð project, the re5ultin1 dennity c~n stIll come out
the same ðS with the formula baß~d ~cnsity requlremcntR. Mr. Conroy
r-ald th~t he i8 not concerncd with the smnller units, bccauoð l' - l~
du/ncre m~kCR GCnSCI he is concerned ,.,ith the taIlor bllilc'llngs like
Park Shore which, when approprlatoly designed, can prnsently he
con~tructcd at 25 du/ncre and stIll offcr the amenitlcs of large open
spaces, approprIate Retback~, etc. Ms. Layne nald thðt pnrk Shorr was
developerl ðS a PUD ~nd It dirl not have the fle~lbiIity of which ~r.
Conroy Is speaking. She said that all the RM-' property that has been
developod In the County han b.en built at th~ 1(, du/acre or under. Rhe
laid th^t the hIgh densIty that one finds In Marco Is -RT- land and sho
eddeð th~t thIs ....1'13 not buIlt under tho subject formula. "'r. Conroy
stated that he mIght not ohjoct to thIs new density requirem.nt, If
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this io tho C~8Q.
PUD districts were discussod further, durlnq which
Commissioner Wonzol snid thot he fnvorod this kind of zoning as it
8e~ms to offer more control.
Mr. Ceorge Vornndoe, stated that he waS a proponent of the past
proposal thðt PUD'ø should ho taken from 5 ecres down to 1 ocre. He
6ald at thnt time he found out that the P-oard ðid not seem to eqree end
today tho dl5cus~lon seems to indicðte th~t ~'D's ðro good for
evcryt~dy. CommIssioner Kru~o sold that she hnB been speaking of largo
pun's ond Chðirman rlator stðtcd thdt he does not agree that ell PUD'a
arc neceasðrily good idcos. He soid th~t although they offÐr certðln
controls h~ ðoes not wðnt to Dce 8m~11 p~rcelß ~uch as one acre
d~velopcd ðS ð PUO hccnusc this offers too many options for development
on thl'lt acro. Ho stlld thnt he bellr.vp.s th/)t what he objects to is tho
perpetuðl floxlblllty of the pun and thnt thIs is not appropriately
plðced on smðll parcelo. Commisoioner Kruse saId thút a proliferation
of sma~l PUDlo could lead to ð proliferation of ncwogo trcðtm~nt
pðckage plants, etc., which would crcnte more problems. She øaid thðt
ð broad statement thðt -ruc's are good- is Inappropri~te, 8nd thnt It
rc~lly depends on the pnrtlculðr plans for ench rC5pectlve PUP,
reminding ~r. Vnrnndoo that the no~rd han elGo dcnled large PUD's In
t h 6 p.] st.
~s. Betty ~u:ßc~lk asked it the density requirements for tho amoll
lots d 1 BCU!Hled cðrll er would bo ðpp1icablo to future use of land of a
s1mi1br sIze? ~r. Virtð sðl~ thðt the Intent of the proposed RMF-5 18
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to identify and reco~nlzo tho prrsently platted emðl1 lots which equote
to fi du/acre. 110 s.,id thðt If this 70nlnq I'løtr1èt 18 ðpprov~d by the
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ace, someone may roquest that tholr property bo rezoned accordingly,
howðver, grnnting that zoning would be ð ~etermination of tho Poard.
Chairman plstor stated that the Intent of the Board is to try to negate
thIs kind of small lot from being created in the future, ~lthouqh there
are certain lcgnl technicalities that will have to be considered, I.e.
that denial of such zoning muot be justified. Mr. Perry stated that
tho Board Rhould not dIscount that district from ovor baing used ag~in
because if thore 19 a 20 acre parcel, and the developer Is wl1ling to
put a large omount of tha~ 20 acres in open spaco, he mIght ask to
develop 10 acros under RS-S which would allow ~o unlts1 however, on the
overall project thoro would only be ~o units on the 10 acre parcel.
County I\ttorney pickworth remlnd~d the Poard that thoro may he a caso
wh~re a small pocket of un~eveloped property lics In the midst of these
developod cmnll lots ond he sði~ that it would be h~rd to justify not
allowIng a person to dev~lop his property In tho sam~ mnnror. Chairman
plRtor saId that if thin 18 tho caso, perhaps It ~~uld be botter not to
have the RS-S district and tho Boðrd 11øton to variances for developing
non-conformIng lots instead.
The incorporatIon of the Immokaleo 7.oning and the Coastal ^rea
zoning dtstrlcts under one set of regulations was di~cussed, during
which it waR questioned whether this will b. acceptable to the people
in Im~okðlae. Hr. Vlrt~ a.1ted that, in January of 1981, tho Bo~rd
directed that one Zoning Orðinnnco be developed county-wide.
^lso discussed was whet may be done In order to insure continuity
ot land use within zoning distrlcts1 land uc.. related to .pecific
neighborhoods, and, the present situation wherein there I. an inability
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to Initiate a land use which is cHrectly related to Identical land use .: ~':.;::
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on adjacent or clòlQ1~ prox~mated lands within areas which are zoned
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for other thnn that particular kind of U80, ft8 was the recont ca..
where someone wished to construct a bnnk aerOBe the street fro~ another
bank on land that was not appropriately zoned.
Commissioner Wenzll
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Ðsked the 8t~ff to consider a metho~ of avoiding the -red tape-
involved in such ~n inst~nco.
Chairman pintar statod one d008 not -buy
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zoning- and that just becaune commercial land is acroes the otr.et,
thðt does not insure anyono that an additional commercial v.nturo on
the opposite sldo of tho otrect will be guarantoert.
^t tho conclusion of the ahove referenced topics, Chairman pistor
asked staff whcn the proposed Zoning Ordinanco will bo ready (or
considerðtion by the Board? Ms. L~yno explained that, according to
Col1ior County's Special ^ct ~nd Chapter 163 o~ State Statutes, there
muot first he a tentntivo report mndn by the CT\PC, then thore must be a
tentative report made by tho ~CC, which will be sent back to tho CAPe
for their consideration at a public hearing and the final report. She
snld that aftor tho C^PC preparos a final report, the BCC will have ,to
schedule ond advertise anothcr public hearing, thorefore, the tlnal
ðdo\ ;on will be dclayed until some timo in October. Sho said that
this Is tho samQ tlmetablo as was applied in 1~7..
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Thore bftlng no further bualnoss the meeting w~s ad10urneð by orðer
of the Chair at 3.0~ r.M.
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