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BCC Minutes 11/06/1979 W !OOK U;JU rAGE J.o\U Naples. Florida, November 6, 1979 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 di~tricts as have been created according to law and having conducted bu::;ln€::.S herein, met on this date at 11:23 A.M. in Workshop Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE.CHAIRMAN: Clifford Wenzel John A. Plstor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT. C. William Norman, County Manager; Jeff Perry, Zoning Director; Danny Crew, Planning Director; Lee Layne, Planner; Clifford Barksdale, Public Works Administrator; Jay Harmic, Environ- mental Consultant; Neno Spagna, Planning Consultant, and Darlene Davidson, Deputy Clerk. AGENDA *1. Presentation by James F. Vensel, representing Deltona Corp. of modified plan for pending permit applications (Dept. of Environmental Regulations and the U.S. Army Corps of Engineers) for Marco Shores development. 2. Continued use of ST designation and TOR's (Board directive of 7/31/79); 3. Proposed revision to formula contolling multiple family density standards (BCe directive of 8/21/79); and 4. Revision to Comprehensive Plan to add industrially zoned lands to Work Study Area #4 (BCC directive 817179). * This item was deferred earlier at the Regular Meeting of BCC at the request of Deltona Corp. Date of Presentation to be determined. STAFF DIRECTED TO PREPARE DOCUMENTS FOR PRESENTATION AT PUBLIC HEARING RE AMENDMENT TO ZONING ORDINANCE REMOVING THE "ST" DESIG- NATION FROM ALL MANGROVE AREAS. Members of the Board discussed the removal of the "5TH desig- nation from all mangrove areas within the County. Commissioner Wimer had previously expressed his concern on the matter of "ST" November 6, 1979 designations on mangrove areas in a memo dated July 31, 1979. These concerns were reaffirmed, and the following points were brought out by ~ommissioner Wimer: 1. Federal and State Regu:ations now control the development of mangrove areas, thus, there is no apparent need to govern these mangrove areas wi th1'1 the County level. 2. "ST" designation on mangrove areas adds additional cost to local government, for no good purpose. 3. The physical characteristics of the mangrove areas limit the potential for development. 4. There is a possibility that the revenue from County taxes collected from these lands may be based on a higher valua- tion if the "ST" designation is removed. 5. If at some point in time, Federal and State regulations do not control the development of mangrove areas to the extent that the County feels they should be controlled, the County may designate the mangrove areas "ST". Dr. Neno Spagna, Planning Consultant, explained the position of the County Planning Department by making the following counter- points: 1. The designation of "ST" on mangrove areas will guarantee the perpetual control at the local level of the develop- ment of said lands in a proper way rather than halting development entirely. 2. Removal of "ST" from these mangrove islands and mangrove areas will eliminate local level control. 3. Ferl~r~' ~nd State criteria for determining control over mangrove areas are different than local level criteria. Consideration must be made to determine if the County wants to continue to control these lands in perspective to County environmental factors, and govern these areas according to community needs, or accept the control by the Federal and State agencies, according to the perspec- tives of national and state significance. 4. According to Mr. Colding, Tax Assessor, in talks with Dr. Spagna, there is little chance of the tax base changing because of the removal of "ST" from these areas. 5. There is no area that cannot be developed due to physical characteristics of the land if the developer wants to spend the money needed to do so. Dr. Spagna continued that he felt the designation of "ST" on mangrove areas has established a feeling of continuity by the people of Collier County and serves as a sort of reimbursement to them for their investments made on these wetlands. He said that the County has accumulated various parcels of land that are equal to over a square mile 800K 050 PAcf147 iOOK 050 rAcE148 November 6, 1979 through this "ST" designation process, and that this process has developed a psychological rapport with the developers within the County, in that they now trdat proposed P.U.D. Districts with the same perspectives as though they were developing a "ST" designated area. Dr. Spagna strongly urged the Board to continue to designate the mangrove areas as "ST". After a brief discussion of the proposed removal of the designation "ST" on mangroves, it was clarified by Commissioner Wimer that at no time did he refer to removal of "ST" from any other areas except the mangrove areas on the mainland and the mangrove islands within the County. He said he never mentioned cypress heads, wetlands, retention areas, etc. in reference to his suggesting the removal of the liST" designation, because only the County itself, controls these areas, and that control comes through the designation of "ST" on these areas. Commissioner Wenzel asked Dr. Spagna if he felt the developers mi9ht push to develop the mangrove areas in question if the Board was to approve removal of ~ST" designation from the mangrove areas. Dr. Spagna replied that this could take place in the future, because govern- mental control comes from the people and things may change. Commissioner Wimer reminded the Board that in this event, the County could redesignate the mangrove areas as "ST". Commissioner Wimer moved, seconded by Commissioner Pistor and carried with a 4/1 vote, that staff be directed to prepare an Ordinance that reflects the removal of the "ST" designation from the mangrove areas within the County. Commissioner Wenzel dissented, saying that he had reservations concerning the need to remove the "ST" from the mangrove areas. Mike Zewalk, resident of North Naples, asked if this proposed Ordinance would be brought back before the Board ^t ^ public hearing and Commissioner Wimer answered affirmatively. Commissioner Archer added that public input on the matter will be taken into consideration at the publt:: hearing. November 6, 1979 STAFF DIRECTED TO DRAFT AN AMF.tlD~IENT TO COASTAL AREA ZONING ORDINANCE REFLECTING THE LIMITATION OF TI:E TOR I S TO CONTIGUOUS LANDS ONLY During the discJ,sion on the transfer of TOR's, Dr. Harmic, Environ- mental Consultant, was asked to give his opinion on the matter. He said that it was his feeling ~hat the transfer of TDR's and the designation of "ST" to certain lands should go together. He pointed out that if the Board feels there is validity in the aspects of economic incentive, and a resulting inc.reased tax base, then the transfer of TDR's and the "ST" overlay on certain lands is valid. He did say, however, that he concurred with Commissioner Wimer as to the Federal and State control of mangrove areas being sufficient, at this point in time. Commissioner Archer said that all these aspects will be taken into consideration at a public hearing. and this was his reason for agreeing to the staff's preparation of the aforementioned Ordinance Amendment. Commissioner Wimer stateQ he was in favor of limiting any transfer of TOR's to contiguous lands only. Chairman Brown called for discussion from the public to which there was no response. Commissioner Wimer then moved, seconded by Commissioner Wenzel and carried 3/2, with Commissioners Archer and Pistor di~~pnting. thAt thp StAff hp directed to prepare an amendment to the Coastal Area Zoning Ordinance reflecting the limitation of the transfer of TOR's to contiguous lands only. The proposed Ordinance is to be brought before the Board for public hearing so as to facilitate consid- eration of the public input on the matter. DISCUSSION OF PROPOSED REVISION TO FORMULA CONTROLLING MULTIPLE FAMILY DENSITY STANDARDS - NO ACTIONS TAKEN - FORMULA REMAINS SAME Commissioner Wenzel said that he had requested a reduction in the density within Collier County because he felt that lower limits in the number of units per acre had worked in other areas in the country, and developers had been successful in these ventures, so it could work 800K 050 PACF 149 MOl( 050 PACE 150 November 6, 1979 here in Collier County as well. He said he was in favor of no more than five units per acre, stating th~t Collier County is far too liberal in its limitation~ regarding dens~ty and height. Commissioner Arcnp.r pointed out that while Collier County has the potential of high density on the books, most developers have con- formed to a lower density. He said he sees no problem with density at this time. Commissioner Wenzel reaffirmed his position by stating that carrying such potential high density figure limitations on the books is a dangerous position. Commissioner Archer responded that the County needs the latitude, whereby, lower housing costs may be initiated. He continued, that the County needs to provide for different price ranges of housing and the zoning regulations are the tools for doing that. He added that if a developer wants to provide lower cost housing by increas- ing the density per acre, he would have to bring those proposed plans before the Board, and at that time, the,Board could decide the merit of the higher density. In order to promote this type of development, the County needs the higher density on the books, thus, giving the option to the developers, Commissioner Archer concluded. STAFF DIRECTED TO DRAFT AN ORDINANCE LIMITING HEIGHT OF FUTURE BUILDINGS WITHIN THE COUNTY TO 100 FEET. Commissioner Archer stated that he agrees with Commissioner Wenzel's proposal to limit the height of buildings t.o 100 feet within the County. Commissioner Wenzel said because Collier County is allowing high- rise building to be constructed along the shorelines, the County is headed for the same category as Fort Lauderdale - that being one of a mass of towering buildings. He stated that the County should not allow this to continue as it was his understanding that 100 feet of construction is the maximum height the Fire Departments can handle adequately and for this reason, among others, he was in favor of limiting the height of future buildings to 100 feet. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/1, with Chairman Brown dissenting, that Staff be directed to draft an ordinance limiting the height of future buildings within Collier County to 100 feet with the proposed Ordinance to be brought back to the Board for public hearing. November 6, 1979 Chairman Brown gave his reason ~l.il" dissenting as being the scarcity of land and even though he was not lmdorsing "unlimited heightM. he did not fE:c!~ that a maximum Ilei!:~t of 10 ltories was adequate. STAFF DIRECTED TO STUDY NEED FOR ADDITIONAL INDUSTRIAL ZONED LAND WITHIN THE COUNTY & DRAFT AMENDMENT TO COMPREHENSIVE PLAN RE SAME Dr. Neno Spagna, Planning Consultant. reported that pursuant to Commissioner Wimer's memo dated July 31, 1979, the Planning Department had studied the possibility of adding more "industrial" zoned lands within the County. He explained that although Commissioner Wimer specifically mentioned Work Study Area 14. these Work Study Areas were only initiated for the ease of identifying small areas within the County, to be used for the benefit of the department doing these studies, preparatory to the drafting of the Comprehensive Plan. He further explained that the need for Industrial Areas within the County was arrived at by looking at the County as a whole, rather than a Work Study Area basis. Planner Lee Layne indicated on a display map Dr. Spagna's identi- fication of the only other available area that could support more industrial zoning as being in the U.S. 41 area, East of 951. Dr. Spagna explained that the other areas around Work Study Area #4, were env1ronmPntally sensitive, in addition to containing the Island of Marco proper. He concluded that if the Board feels more industry is needed in that area, the best way to handle it would be to direct the Planning Staff to make a study of the location. prepare an amendment to the Comprehensive Plan reflecting such an addition and present the proposed amendment for public hearing. Commissioner Wimer clarified several points for the record as follows: 1. It had never been his intention to place industrial zoning along C.R. 951, or on Harco Island proper. 2. He requested that the land around this general area be studied and the determination made as to where a logical and reasonable area might be that could support additional industrial and commercial ventures. 3. He stated some residents of Marco have expressed to him, the need for additional industrial and commercial ventures to be located closer to them due to the increase in high transportation costs. He added that the cost of transporta- tion was not a determining factor when this area was zoned, or when the Comprehensive Plan was developed. nl':'n '. ... t' !Oo~ 050 rACE152, November 6. 1979 Mr. Richard J. Fink, resident of Goodland, and representing Marco Woods. Inc., presented his ,'irm's plans for developing an industrial site. located ~outh of Auto Ranch Road near the Collier Semin~le State Park. He ~o1nted out the features of same. and enum- erated his firm's reasons for developing this property. The Board requested Mr. Fink to work with the Planning staff in their study of the area in question, and to offer his firm's plans to them for consideration. Danny Crew, Planning Director, concurred. and requested the Board allow his ~taff time to prepare the proper study. and to draft an amendment reflecting their expressed wishes on the matter of possible additions to "industrial" zoned lands within the County. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously, 5/0, that the Staff be directed to make a study of the County as a whole, including the Work Study Areas 4 and 5, and to prepare the necessary amendment to the Comprehensive Plan that reflects the adding of more "Industrial" zoning within the County. This proposed amendment will be brought back to the Board for public hearing. UTILITY DIRECTOR BERZON ANNOUNCED PUBLIC INFORMATION MEETING RE EAST NAPLES SEWER PROJECT-ll/I9179-7:30 P.M. - BUILDING "F" OF COURTHOUSE Irving Berzon, Utilities Director, announced a Public Information Meeting regarding the East Naples Sewer project to be held in Building .. F" of the Courthouse Comp 1 ex, at 7: 30 P. M. on November 19, 1979. He invited all of the Commissioners to be present. WORKSHOP ADJOURNED - 11:50 A.M. Chainman Brown adjourned the Workshop meeting of the BOurd of County Commissioners at 11:50 A.M.