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BCC Minutes 02/12/1980 W ;;. (, . I I. . '__ L3 ... .:.,,! ("'--. ..'1 ~ -: ',. ~.. !;~-- Naples, Florida, February 12, 1980 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 2:45 P.M. in Workshop Session in Bul1ding "F" of the Courthouse .complex with the fOllowing members present: CHAIRMAN: Clifford Wenzel VICE CHAIRMAN: Thomas P. Archer John Pistor C.R. "Russ" Wimer David C. Brown ALSO PRESENT: Harold Hall, Chief Deputy Clerk/Fiscal Officer (2:53 P.M.). Darlene Davidson. Deputy Clerk; C. William Norman, County Manager. Donald Pickworth. County Attorney. Clifford Barkdsale, Public Works Administrator/ County Engineer. Irving Berzon, Utility Director. Danny Crew, Planning Director; Mary Morgan. Administrative Aide to the Board. and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA 1. Golden Gate Estates Study Committee--Accomplishments, projections and evaluation. 2. Discus~io" of Planning Department report re Pine Ridge Restudy (Request'~ by the BCC on October 16, 1979) GOLDEN GATE ESTATES STUDY COMMITTEE DIRECTED TO CONTINUE WITH THEIR WORK REGARDING THE REDEVELOPMENT OF GOLDEN GATE ESTATES AREA l, Chairman William Walters, of the Golden Gate Estates Study Committee, presented a report which covered the work entered into by said Committee as well as several points that the Committee feels the BCC should consider for action regarding the canal systems and the general redevelopment of that area of Collier County known as the Golden Gate Estates. Along with Mr. Walters, was the entire membership of said Committee, as well as the G.G.E.S.C Consultant, Mr. Bill Vines. Mr. Walters explained that the Committee has been in existence for approximately 5 years, and has undertaken an indepth study of the area in question as well as initiating the "Interim Action Program" for the canal I \: ., 'j :~ I I (I , , '. '......-:.o..IU:-L...:,.,;.j<~_ ~.. .~:-:~~~~ '..~::::;:;;;;g-:;~.;,~ !_A~~~'.. ": ~. . . ." .-- _. .. . ~"' ~;-::--:-....,..~.~==>.~"'IIi:_""'. ......:-=:=..:..,...".,...,.....,.. ...,..., ....,.""....... ......... _.._..:.~ _,,_, .... h .. ... - . . .. ........ '.' <' . " , " ~ :;:;,::,.~:.::r"'~' . ... '-'-~>.-~~..-5 system in the area in question. He covered the studies that have been initiated and noted that the Committee has been working closely with repre- sentatives of related agencies, such as the EPA, DNR, etc., as well as Consultant Bill Vines, and will have expended some $350,000 to $375,000 when the "Interim Action Program" is actually implemented. Mr. Walters explained that he is seeking the support of the BCC as well as direction from the. Board regarding future study of the redevelopment of the subject area. He referred to the initial charge to the Committee from the Board as being formed to review and make appropriate determinations regarding long-term urban planning and natural resource planning needs within Golden Gate Estates and said these have been the aims of the Committee since its forma- tion in March of 1975. He recognized many of the problems related to the area including the high water in some areas, and the problems with septic tanks on the existing homes. Mr. Walters stated that it is clear that the area in question is not suitable for the "normal" kinds of developments in the County, and that it takes "special circumstances" to develop such lands. Mr. Walters also indicated that the follOWing are some of the 1engthy list of problems considered by the Committee; water table of the area: fires due to change in the water table level. diSCharges into estuarine zones; and loss of productive farm lands. Regarding accnm~~ishments, Mr. Walters referred to the Phase One Redevelopmelt Study, prepared in 1976 by Dean Maloney. Tropical Bio- Industries; and William Vines, who prepared the land planning aspect of same. He stated that the Report is a long-range, land planning and natural resources management plan. Mr. Walters noted that as a supple- ment to the Report, the "Interim Action Program" has been developed, approved by the BCe, and is currently out for bids, which will subsequently be presented to the BCC along with a request for the needed appropriation of funds to imp1ement the Program. He said that this request will come from the Committee after t~e necessary permits are obtained from the Corps of Engineers. Mr. Walters mentioned the cooperation which the Committee received from the various County Departments such as Legal, Planning, Engineering. and Zoning, as well as the Consultant, together with various agencies involved in the overall project. He noted that it is this combined effort r'l .....-, r---~ -1 Ii , rl r: :/ .1 I :' ,.... ' ,1',\ , , I." "."', . f',.,. I .".., "~"I I _-:.1 ,.' l.. ! .....'i February 12, 1980 that has produced the results. thus far, and covered earlier in his report. Mr. Walters commented that all the problems cannot possibly be solved by Collier County alone, and added that the answers will probably enc~- pass the expenditure of several millions of dollars. He explained that he and the Committee member~ feel that involving Federal and State agencies in the project will aid in receiving loca~, state, and federal support in obtaining the answers to the many problems connected with the Golden Gate Estates area. Mr. Walters referred to proof of this involvement being important as witn~ssed by the recent Reconnaissance Study undertaken by the Corps. Regarding the direction in which the Committee will move in the future, Mr. Walters assured the Board that it i~ in this area where Board confir- mation and direction are needed. He stated that it is the Committee's request that the Board become actively involved in the planning, and regula- ting of the area in questio~ and listed the following items that were discussed and which the Committee feels need to be considered by the Board: 1. Certain areas are not suitable for development within the Golden Gates Estates. therefore, three catagories of land types may be needed as follows: Type One, generally suitable for low-level low-density development. Type Two, marginally suitable for low-density urban development; Type Three, wetlands, that are not suitable for development, at least. not in the "nonnal" t:ype of structures. 2. Thr. 80:. ,'d should consider adoption of an Ordinance that would mandate the necessary percolation tests for septic tanks, etc. be und~rtaken during the period July 15, to October 15, this being the wettest part of the year, possibly adding the stipulation that the results w~ll be valid only until the same period the following year. . 3. Consideration of limitation of building East of Everglades Blvd. subject to the provision that driveways, structures, septic tanks, etc. be raised a'minimum of four feet above the ground- water table. 4. Consideration of a policy that encourages property owners of Type 2 and Type 3 lands to donate the properties to the County, perhaps as a tax writeoff. 5. Consideration of abandoning road maintenance until such time as any given rUdd is 10% d~veloped. 6. Consideration of prOhibiting construction and/or reconstruction on Type 2, and Type 3 lands, and concentrate on suitable lands for development. 7. Consideration of ceasing the de-weeding and dredging of canals in the area until such time as the redevelopment plan is complete and the County is sure which ones should be cleaned. ~.'~~~~;~:r 4. l 8. In instances where Type 1 lands are located within Type 3 lands, perhaps consideration should be given to prohibiting maintenance of access roads, through the Type 3 lands. , Mr. Walters noted that these aforementioned considerations are not representative of any final decisions, but rather, represent questions the Committee feels the Board should consider in light of the fact that at the present time there is development going on in the area in question, and the Committee is working in the direction of an orderly, regulated, and planned redevelopment for the area. Therefore, Mr. Walters said, some action may be called for as soon as possible in order to be sure development is going in the right direction and also to protect the County from having to deal with even more complex problems in the future. He stated that the Committee is in favor of development in the area that should run west to east, and their concern is that if some safeguards are not considered in the near future, an opposite development of lands will take place and the County will find themselves in the position of having a large financial liability relative to providing services to this type of a development direction. Regarding the future of the Committee, Mr. Walters noted that it is their feeling that, due to the heavy workload of the County Staff and the needs of the area in question, the Committee should be continued. Mr. Walters "~.,ed the Board to review his report and make a deter- mination regarc.lfng the future of the Golden Gate Estates Committee. He added that it is the consensus of all the members of the Committee that they wish to belong to a productive, useful group serVing a known need that the community and the Board feel needs to be served. Chairman Wenzel questioned the Committee's spending over $200,000 and this figure representing only a "study" and no real "work". Mr. Walters explained that the figure was actually $213,381 to date, and that the total figure would be somewhere between $350,000 and $375,000 when the Interim Action Program is completed. Mr. Walters went on to say that he feels the studies, and the efforts of the members of the Committee in this regard, comprise what he would call "work", however, it may be considered non-productive wvrk. He said that when the InterimOAction rO, r--l r-O-, I .. ro" ,- L.3 I.. '~-.. ~;:..::.1 February 12, 1980 /. , !i i' ' 1J, \1 ~I l./ ~~<'..'.'.I ~ ,. o t Program is completed, the expenditure will include engineering work, as well as the actual manual and physical work, of implementing the Program, including the installation of flashboards, earth plugs, etc. He added that the latter represents physical "work" and represents one-third of the funds to be expended. Discussion followed regarding the need or lack of need for the studies, with Chairman Wenzel stating that it was his opinion that the County was aware of the problems some 15 years ago, in the subject area, with nothing ever done about it. Mr. Walters noted that many people claim to know the problems of the area, but that they do not have the factual data needed to base a decision on for resolving them. He pointed out that such factual data is being prepared by the Committee. Chairman Wenzel stated that after conferring with the County Engineer during the recess, he understood Mr. Barksdale to say that there is presently a regulation in the Building COde of Collier County which stipulates that everything must be built 48 inches above the water table in the Golden Gate Estates area. He added that the regulation also stipulates that the related tests, such as percolation, must be done during the "wet" season. He observed that there were two persons in the audience who built, with Building Department approval, lower than the 48" regulations, speCifically, 18 inches a[love th~ crown of the road. He asked Mr. Gary Hancotte, homeowner in the are~, if he was ever told he had to build 48 inches above the ground- water level, and the gentleman stated that he was not. Mr. Hancotte said that he was told to build 18 inches above the crown of the road. Chairman Wenzel asked who was responsible for enforcing the provision for building 48 inches above water level, if such regulation is on the books, and, also, who is responsible for making the land owners knowledgeable regarding the proper regulations? There was a discussion regarding measures that a homeowner might take in order to guarantee that their septic tanks continued to function, including the fact that frame homes could be jacked up and fill could be brought in and installed under the houses and septic tanks. Chairman Wenzel noted that this cannot be done with CBS homes. t '~ existing Building Code regulation which would have guaranteed the people who built according to Code, a continual problem-free septic tank system if it had been enforced. Mrs. Paul Kruse, a homeowner in the area in question, said that she was told that they had to conform to the County Building and Zoning regulations that included building 18 inches above the crown of the road; however, she said that she, on her own, built somewhat higher than that. Continuing Chainman Wenzel stated that he favored some of Mr. Walter's recommendations becoming effective as soon as possible, and commented that because of the continual building in the area in question, certain of the items Mr. Walters mentioned needs Board consideration. Mr. Walters con- curred, adding that the Committee will make recommendations for implementa- tion as soon as possible. Commissioner Brown stated that he has confidence in the work that the Committee has put forth, and in the Committee itself, and moved that the work of the Committee continue. Commissioner Pistor seconded the motion. Chairman Wenzel observed that nothing further can be done until the Corps gives approval of the Interim Action Program with Commissioner Wimer com- menting that whatever the Corps' findings are, the Golden Gate Estates Study Committ,ee nee(;; to continue. COMmissioner Wimer expressed his concurrence with Commissioner Brown's sentiments regarding the need for the continuing efforts of the Committee. He added that the funds mentioned are "a drop in the bucket" compared to the funds that would have to be spent if the area in question were allowed to develop in the manner in which it was first designed. He stated that originally the area was to house some 175.000 people and detailed the many services the County would have to provide for that amount of people, adding the viewpoint that the County has a responsibility to those who have already moved into the area. . Commissioner Archer endorsed the earlier comments made regarding the work of the Committee and expressed appreciation to the staff for aiding the Committee. However, he raised the issue of developing ~ r ~. t 1 rU'-'l r-"l ,-0.,\ "." .', ~ ~~. .,."""k;,..!...: ,'..j , ;""':' . ..' ':)' .:'~". :'''. ;.p.~">r~::'. : ,', ("'r~(:i:l .,.\.:n:il . L..:J February 12, 1980 "standards" for the area and suggested that the proposed regulation that would mandate building 36 inches above ground level would put the buildings in excess of the discussed 48 inches above the water table. He questioned the need to make any formal decisions at this time regarding these regula- tions because of the lack of recommendations from the staff and stated that more facts need to be presented. Chairman Wenzel stated that the County staff should study the matter and come back with recommendations regarding the matter of building eleva- tions. Chairman Wenzel asked if the County could prevent building in the area in question with County Attorney Pickworth responding in the negative providing the existing building requirements are met. Mr. Louis Capek, former member of the Golden Gate Estates Study Committee, explained that in regards to an earlier inquiry about the flood plain in the Golden Gate Estates area, the area is approximately 15 to 17 feet above the mean high tide line. He attested to ~lr. Walters' statements and added that it was suggested that the Building Department have a rubber stamp made that could be used on all building permits in the area in question for the purpose of establishing proof that the County has explained to the permitees that there are certain problems in the area and that such f''"Ob'''_~ns have been explained to them prior to the issuance of building permits. Mrs. Kruse asked that more study be done in the area and some sort of standardization be developed with regard to e1e~ations. She rebuked the idea of forest fires being halted by raising the water table with Mr. Bernie Yokel explaining the theory behind this premise as well as the theory that raising the water table will benefit the related acquifers, forests, and estuarine areas as well. Mrs. Hancotte stated that she was told to come back to today's work- shop meeting to present her findings that she claims will rebuke findings ~:!~.~"":~.". _~~.'~.:~~~-.:~~~~fr.~f.~Bl~~~~!'1~~~~~:f?~.;ib:~.~~'~.': j;:.J:",--,~~;..~~j'i"-'~~~_. ~ ~-----~-_.---..~...,..--_~_..,_.:h':_._ -. -.' ~"_',_...... ______. -......,=c ", _" ~......,..:uv'-.'~~':'_~'T.""...'~~.._...__..._......., _~_'_.' .. .'::.............. .'._ ___ _~.._'. _ . type up her findings and present them to the members of the Board for their consideration. She agreed to d~.so. Commissioner Brown stated that the aim of the Board is to protect the citizens in the area as well as the entire County. He pointed out that this development of the area would not be approved with the regulatIons of the present time, and that the problems it has created must now be dealt with. He stated that the people in the area should be proud of the fact that the Commission is concerned with their problems and is trying to deal with them. Commissioner Wimer concluded the discussion by stating that the County wants to preserve the "rural way of 1 ife" chosen by the residents in the area, and in doing so, must protect them from improper development. He said that the e'1tire County must be protected when it comes to the "precious" water resources and this is the primary aim of the studies and the Committee': work. Upon call for the question by Chairman Wenzel the motion to continue the Golden Gate Estates Study Committee and direct them to move forward with their work as outlined by Mr. Walters earlier carried unanimously. PINE f,IDGE ROAD AREA FROM US 41 TO FRANK ROAD TO REMAIN ZONED AS PRESENTLY DESIGNATED 1': ZONING ORDINANCE AND LAND USE OF SAME AREA TO REMAIN AS DEFINED !,iTH1~ THE COMPREHENSIVE PLAN AT THE PRESENT TIME Planning Director Danny Crew presented the results of a recent study that includes the Pine Ridge Road area from U.S. 41 to Frank Road. He stated that pursuant to Board direction he has studied this area care- fully and the following determinations were made regarding the possible changing of zoning and land use of the area for commercial or semi- commercial uses: 1. This section of Pine Ridge Road is a vital east-west link to the interior portions of the County and with the exception of one corner of Goodlette Road (Frank Road) it is primarily residential oriented. 2. Actual traffic count summaries have indicated that the present design capacity of said road actually exceed standards for use regarding the volume of traffic presently using said road, nine out of eleven hours per day. . ~ r......~ ~ .I: ~=- t-_ ,. ."~'.'. , ......r , 'e,,'"~" -, .', - n~, . I~::=:J. . Q . '. February 12, 1980 3. Commercial uses will add traffic volume to said road. 4. Fire Department operation, in the area in question have already been hampered by the traffic at its present level. 5. Said road is scheduled to become a major entrance/exit way for Interstate Highway 75 and will become much more conjested than at present. 6. The present road is two-laned and is not scheduled for four-laning until 1982 or 1983. r 7. At the present time, the primary use of this road is for residential traffic in and out of housing developments along the area. 8. GRC zoning will not be compatible with the present use of lands in the area and will add to traffic on Pine Ridge Road. 9. A summary of rate table of various commercial/retail uses that show approximate trip ends for corresponding commercial uses indicate a large generation of traffic for this area for any of such uses. After presenting the above-mentioned facts Mr. Crew recommended that until such time as Pine Ridge Road is four-laned, and a need is shm~n far restudy of the matter, the land use should remain as it is presently designated with the Comprehensive Plan for the area along Pine Ridge Road between U.S. 41 and Frank Road, and the zoning should remain as designated in the present Zoning Ordinance, thereby, not allowing any commercial use in said area. Commissioner Pistor so moved to accept Mr. Crew's recommendation as outlined above and Commissioner Archer seconded the motion. Upon call for the question the motion carried unanimously. There bei .g nu further business to be brought forth for the good of the County, the workshop was adjourned at 3:47 P.M. by order of Chairman Wenzel. a~Gx.. 051 PAGE4S9 . . ... ".," " ... , ... . ~...... . "'.-.... , . .... . ','. ,~_.. , . ....:..~: t. ~,t:~. ~~. ': : .....::..7::::... ...~~.,:. : :';.......:.... .::';."!"~. ;;~.:; .,"~..