The URL can be used to link to this page

BCC Minutes 04/13/1993 R Naples, Florida, April 23, 1993 LET IT BE RBMBMBERED, that.the Board of County Commissioners tn and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) Gr..such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "Fa of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saundera VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: John Yonkosky, Finance Director; Annette Guevtn and Sandy Hurley Recording Secretaries; Nell Dorrill, County Manager; Ken Cuyler, County Attorney; Dave Weigel, Hetdl Aehton and Martha Howell, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services '~Admi~l~Trator; Ken BagfnskI, Current Planning Manager; Tom Conrecode, Office 'Capital Pro,eot Management Director; Dick Clark, Code Enforcement Director; Russ Muller, Transportation Capital Projects Engineer; Greg Mlhalic, Housing Urban Improvement Director; Ronald Ntno, Sam Saadeh and Chahram Badamtchlan, PlannersI Lowell Ratnes, Building Maintenance Superintendent; Sue Fllson, Administrative Assistant to the Board; and Deputies Fred Schoenrock and Gary Young, Sheriff t s Office. Page T~p~ #1 April 13, 1993 Cosmlssioner Volpe ~oved, seconded by Con-Isotoner Norris ~nd c~rrted unant~rul¥, to approve the agenda with the chants u detailed on the Agenda Change Sheet. Page 2 · (Is0) Item ~3& COIS~]IT AGZ]rDA - AP?ROVeD &ND/OR &DOPT~D Commissioner Norris moved, seconded tr~ Conlsetone~ Voll~ ~nd carried v,.r~lmou~l¥, to el~rove the con~ent egend~ noted under'Item ,16. (~60) PROCTMt)ULTZON R~COGXZZZRG TH~ I(X~CH OF DZM~S wWALE &X~RZCA" ~ OF JLPRZL 11-17, 1993 -JLDOPTZD Upon reading and presenting the proclamation to Wanda Hall and Mary Havener, ColltlStO~er Vo1pe loved, leco'z~:]e~ ~ C~llllltO~e~ I(atthiml ~ c~rl~ ~l~ly, tht the proclmtl~ de~l~t/ng April 11-17, 1993, u ~ ~ch of DIMs "Walk Mr/ca" ~k ~ ~t~. Page 3 ApFI1 13, 1993 PIt0C~AJIAt'Z0~RECC)G]I~Z~XG PRO~SSZOXA~ S~Z~ ~~ZL 29-25, ~993 -~ Upon Reading and presentLng the proclamatLon to Skip Lepola, cL-TLedun~nL~mS~¥, that the proclmtLon deeAgnat~ng SecretLv~ee ~k u April 19-25, 1993, ~ ~tld. Page 4 Apr// 13, 1993 (393) Zte~#SB ~ SgRVZCZ 7JI,ICRDS - Comm/ss/oner Norr/s congratulated the following employees and presented their servtce awards: WLlsa g. Moyer Emergency Management 15 years Robert W. Lord Community Development 5 years Nancy g. O/son Museum 5 years (449) Item ~A1 & ~J2 BUDGEt--S 93-227/22~ &)~D 93-220/222 - ~~ Comm/aston~r Voll~ ~v~d, seconded by Co~iss/one~ Norris ~nd c~iedm~ni~ou~l¥, that ]bidet A~en~wnte 93-217/218 ~nd 93-220/222 ~ adopts. BUDG~ ~ R~SOLUTZON 93-23 - ADOI~ED Co~/as/oner Volpe ~ovad, seconded by Co~/ssloner Rorr/e and c~rLedun~ni~l¥, that Budget Amendment Resolution 93-23 be adopted. Page April 13, 1993 (slo) R/SOLUTXON 93-156 II'OR THE ROLL OVeR OF TH~ S~P,]'ES D-2 AND D-3 ROT~S INTO A N~ SKRXE$ D.-4 NOT*g, DR&WN ON TH*~ LINg OF CR.~DTT M/TH TH~ SUN B&NX FOR TH~ PXNg RIDGE INDUSTRIAL PARK - &DOPTED Finance Director Yonkosk¥ stated to the Board that the D series As the borrowing of the line of credit which will provide for the financing for the Pine Ridge Industrial Park. He said on August 21, 1990, the Board of County Commissioners approved six m/llion dollars as a draw (Series D-2) and on November 24, 1992, they approved another draw (Series D-3) increasing the amount up to $8,920,850. He indi- cated the notes will mature on April 23, 1993, and staff is requesting authorization to issue a D-4 series for the total of the two notes. He said the draws need to be rolled over until September 30, 1993, and at that time it is anticipated that the Board will take the notes out with permitted bond financing. Commissioner Matthews questioned if the interest will be included in the bond, to which Mr. Yonkosky replied in the affirmative. Commissioner Matthews moved, seconded by Coemlemtoner Norris and carr/ed unanimously, to accept the D-4 set/es notes tn replacement of D-2 ~rle~ and I:)-3 series, thereby adopting Resolution 93-156. Page 6 April 13, ~993 RKCOi~ENDATION TO APPROVE A RIGHT-OF-WAY PURCHASE AGREB~4ENT FOR PARCEL ALONG lllTH AVENUE TO FULFILL REQUIREMENTS FOR I~OEALEE ROAD FOUR LANING IMPROVEMENTS, CIE PROJECT NO. 006 (COMPANION TO COVENTRY SQUARE REZONE PETITION 92-12} - APPROVED WITH ADDITIONAL LANGUAGE Transportation Services Administrator George Archibald stated that this Item ts a companion to Item #12B2 and is contingent upon approval of that PUD. He said the right-of-way along lllth Avenue, west of ~unctton U.S. 41, is necessary to construct a four lane divided roadway, as part of the Immokalee Road construction contract currently tn progress. He said the incentive to consider this expen- diture is the estimated construction cost, which ts approximately $?5,000, to convert the turn lane improvement to a four lane segment from U.S.41, narrowing to two lanes Immediately to the west of 8th Street. He indicated of the four ma3or parcels necessary for this right-of-way, only the sub3ect parcel remains to be acquired. He described the parent tract as more than 1,O00 feet in length but only 250 feet tn depth. Because of the configuration, he said, concerns have been raised regarding the affect of this acquisition on required setbacks and buffers. He said staff does not recommend acquiring the parcel through eminent domain because of the possibility of severance damages as a result of the acquisition impacting those setbacks. He remarked those issues will be addressed tn the companion Item. He said that staff has been negotiating with the Property Commercial Development Company in regards to minimizing what the County needs by developing the right-of-way Into three parcels. He described Properties "A", "B", and "C". He said the developer has agreed to donate 4,128 square feet of additional right-of-way at no cost to Collier County. He reviewed the stipulations tn the agreement, noting the buffers and the building setbacks are the major concern. He referred to a reduction of the buffer from 20 feet to l0 feet along portions of the right-of-way being acquired, noting that the developer and staff feel it ts necessary and ~good compromise. Page 7 April 13, 1993 Commissioner Matthews questioned paragraph five of the Purchase Agreement regarding the median being closed in event of traffic acci- dents. Mr. Archibald replied that if there is a public safety concern, the County has the right to change, modify or close the median opening. He said he does not see a problem, because the County has completed a four lane design of 111th Avenue, and the agreement con- rains language giving the County the options to make changes ~n the future. In answer to Comm~ssioner Matthews, Mr. Archibald replied that the subject property will have access to the south and to the east adding the County is not affecting access to the parent tract, only attempting to control the median opening. Responding to Commissioner Matthews, Mr. Archibald replied that agreements between Banc Florida and Coventry Square contain provi- sions for continued shared access. Commissioner Volpe questioned if the median will be signalized ~n the future? Mr. Archibald stated the spacing requirements will not allow for a signal. Commissioner Saunders stated that he would like to see clarifica- tions on paragraph five before the Board approves this item. This item was continued and heard later during th~s meeting. (2o~o) R~COJ~(~NDATION THAT THE BOARD AUTHORIZE WORK ORDKR-14 UNDER THE ANNOAL KNGINEI3qING SERVICES A(3REEM~NT WITH WILSON, MILLER, BARTON & PERK, INC. FOR WORK IN THE VICTORIA PARK M.S.T.U. - APPROVED Office of Capital Projects Management Director Tom Conrecode approached the Board and stated that staff requested this item to be removed from the consent agenda for clarification of the fiscal impact statement. He noted in discussions with the Victoria Park Drainage Advisory Committee (M.S.T.U.) and ~n consideration with the funds available in Fund 134, staff concluded that it would be effective for Page 8 Aprl! 13, 1993 the M.S.T.U. to borrow from itself to fund the engineering work; however, staff has been advised that is not allowed under Florida Law. He said as a result, staff is asking that the Board float a loan in the amount of $9,200 from Fund 341 which has a $400,000 balance for this purpose, and that the loan be repaid from Fund 134 after October 1, 1993. ~sslo~er ¥olpe loved, seconded by Coutsalonsr M~tthe~ end carried un~nllousl¥, that Work Order-14 in the a]lount of $9,200 under the Annual Engineering Services Contract with Wllaon, Miller, Barton & Peek, Inc., for work tn the Victoria Park M.$.T.U. be approved. Page 9 April 13, 1993 (209O) Ite~ ~& DISCUSSION ARD UI'DATE R~GARDING NEGOTIATIONS ON THE SOUTH MARCO PAREIIG LOT EMINI.~T DONAIN CASE - CONTINUED TO 4/2?/93 County Attorney Cuyler referred to a letter from Marco Island Civic Association (MICA) stating that they have declined the proposed settlement negotiations that have been taking place. (Copy not pro- vided to Clerk to the Board). He said he has not advertised as part of the agenda, any further discussions on the developers latest propo- sal in terms of construction and operational related items as opposed to condemnation for compensation. He stated he feels that this needs to be brought back to the Board once again, and this should be an advertised Item. The following people spoke regarding this Item: George Keller George Carse In answer to Commissioner Volpe, County Attorney Guy/er stated that an eminent domain case was fi/ed by the County Attorney's Office last year against the developer and MICA and an answer has been received. He explained MICA was included because they are a successor in interest on another item namely deed restrictions on Marco Island. He also noted that they have claimed an ownership interest and, crossed claimed against the developer saying the developer has a contractual obligation to transfer the property to them. It was the consensus that County Attorney Cuyler will bring this Item back to the Board in two weeks. PUBLIC COll~NTON GENERAL TOPICS Richard Laymon presented the Board with a poster for display In the lobby of Building "F", announcing the 1993 second annual Great Political Race. He applauded the Board of County Co.missioners for their 100 percent participation in this annual charity event. .s$ Receese~: 10:20 A.M. - Recolzvened: I:05 P.M. at which time ~ecordtng Secretary Guevtn replaced Recording Secretary Hurley see Tape ~2 O00P, [ 25 Item e13A3 Page 10 April 13, 1993 RESOLUTZON 93-157 RE PETITION CU-93-1, FACILITIES MANAGEMENT ~QUE~TING A CONDITIONAL USE OF SECTION 2.6.9 (ESSENTIAL SERVICES) FOR QOVE~TA~ FACILITIES IN R~SIDENTIAL ARKAS FOR ~ ~OP~ ~A~D ON ~ ~ST CO~R OF ~ I~KRSKCTION OF OIL ~LL ~K RO~ ~ ~0~ A~ N.E. - ~D ~ STI~TIONS Legal notice having been published in the Naples Daily News on March 28, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Sam Saadeh presented Petition CU-93-1, which is a request by the Facilities Management Department under the County Manager to allow the construction of a multi-purpose training facility on a 6.77 acre site. He said undeveloped Estates zoning lies to the north, south and west, while properties to the east consist of A-MH zoning with existing farm labor housing. He advised a Provisional Use (PU) for the subject property was approved by the Board of Zoning Appeals on September 24, 1991, for the same use; however, the PU expired prior to the petitioner's submittal for an extension, which triggered this request. He indicated all reviewing agencies have recommended appro- val, subject to the stipulations contained in the resolution of adop- tion. He noted Staff has received four letters of opposition to the proposed request from owners of surrounding properties. He concluded the CCPC reviewed this petition on March 18, 1993, and by a vote of 4/3, recommended their approval, subject to the st~pulations. Me concluded with Staff's recommendation for approval of Petition CU-93-1 . Answering Commissioner Volpe, Planner Saadeh replied the CCPC added a stipulation providing for the berming of the southern boundary line, to buffer noise to surrounding properties. In response to Commissioner Volpe, Lee Layne, representing the CCPC, explained three members were tn opposition to this petition because they felt the requested use will not be compatible with future residences. Commissioner Volpe questioned ~why the PU was allowed to expire? Gary Young, representing the Sheriff's Office, explained the Page 11 April 13, 1993 expiration was inadvertent due to a miscommunication between his agency and Facilities Managemen~ and was not because of a lack of funding. The following people spoke regarding this item: Chuck Stephan DouG McGilvra Responding to Commissioner Matthews, Planner Saadeh said the nor- ma~ noticing procedure is to send notices to all property owners within a 300-foot area and in this case, 20 letters were sent. Commissioner Saunders stated the public hearing is closed. Co~aelo~tr Constantine moved, seconded by Co~mteatoner Norris mhd Cm~T~ed unanimously, to approve Petition ~-93-~ w~th m finding Staff's 8tt~latto~, there~ adopting Resolution 93-157. Page 12 April 13, 1993 (42g) OR:DINA)ICE 93-17 R~ FETITIOR R-93-2, K~NN~TH K. ~ R~QU~STING A R~ZO~I~ FRO~ I~lIP-6 TO C-4 FOR PROPERTY LOCATED ON TH~ SOUT~ SIDE OF -q.R. 92, 125 I~T W~ST OF HARCOCK STRKKT IN /I~OF. ALKK - &DOPT~D Legal notice having been published in the Naples Dally News on March 25, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Sam Saadeh explained the subject property, consisting of 1.55~ acres, is located within the Commerce Center Mixed Use District of the Immokalee Area Master Plan, which allows for employment generated uses including shopping centers. Me said the owner 'of the subject property also owns the property immediately to the north, zoned C-4, with an approved SDP, and construction is almost completed for commercial/office type uses. He advised thts rezone petition is an extension to the commercial zoning owned by the petitioner, and is encouraged by the Immokalee Area Master Plan. He mentioned all reviewing agencies have recommended their approval, addinG Staff has received five letters from adjacent property owners, all recommending approval of this petition. He concluded that the CCPC has forwarded Petition R-93-2 to the Board of County Commissioners with a unanimous recommendation for approval. Mark Lamoureux, representing the petitioner, referred to a Graphic display and detailed the proposed project. In response to Commissioner Volpe, Mr. Lamoureux advised that his client's adJaceHt project, Kemp Plaza, ts almost complete and it is his intention that this rezone be developed in such a way as to expand those uses. He said there is no intention to put in heavy industrial uses. Commissioner Saunders stated the public hearing ls closed. Commissioner Yelps moved, seconded by Comuisstoner M~tthem8 and carried unanimously, that Petition R-93-2 be approved, thereb~ 8dopt/ng Or~/nfmce 93-17 u entered Into .Ordinance Book ~o. 60. (647) ~teu ,12B2 40 Page 13 April 13, 1993 0RDZNA]IC~ 93-18 RE PETITION PUD-92-12, CO~D~ERCIAL DEVELOPMENT COMPANY, REQUESTI]I~ I~EZONING FROM PUD (DAYS INN) TO PUD (COVENTRY SQUARe) FOR MIXED C(~ERCIAL USES TO INCLUDE RETAIL, OFFICE AND SENFXCZS FOR PROPERTY LOCATED ON THE CORNER OF U.S. 41 NORTH AND 111TH AV~NU~ NORTH Legal notice having been published in the Naples Daily News on February 18, 1993, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Commissioner Saunders noted this Item is a companion petition to Item #BBl. Planner Ron Nlno presented Petition PUD-92-12, requesting to rezone a current PUD, Days Inn, to a new PUD to be known as Coventry Square. He recalled the Days Inn PUD was a development order that restricted two-thirds of the site to a hotel use and certain accessory and customarily incidental commercial activities. He said on the remaining one-th/rd of the PUD, general retail, service and office functions were allowed. He reported the petitioner has now determined with the marketing conditions in today's environment, that his project will be more economically feasible without the above stated restric- tions, therefore, has requested a rezone that would allow general retail, service and office uses over the entire site. He noted the uses being requested are those found in the C-3 zoning district, with the exception of boat sales, repair and storage. In reviewing this petition for consistency with the Growth Management Plan, he said, Staff believes the proposal is consistent with the FLUE and other ele- ments of the Growth Management Plan. He mentioned this property is a small portion of an activity center, which encourages mixed use deve- lopment. In conclusion, he reported the CCPG has forwarded Petition PUD-92-12 to the Board of County Commissioners with a 6/3 recommen- dation for approval, including the additional activity of boat sales, storage and repair. In answer to Commissioner Norris, Attorney Bruce Anderson, ret, re- sentlng the petitioner, explained his client believes the boat activi- ty is a reasonable use because of the public boat ramp the County is Page 14 April 13, 1993 constructing in close proximity to this site. Commissioner Volpe inquired if the rezone will eliminate the hotel/motel use from the PUD, to which Planner Ntno replied in the negative, adding that is an allowed use tn the C-3 zoning district. He said the rezone will open the entire site to allow the petitioner the opportunity to decide what to develop. Commissioner Norris commented this request seems to be an open ended proposal. He asked if a specific plan has yet been developed? Attorney Anderson stated his client is willing to eliminate the hotel use. He sald other than inquiries from a national drug chain, nothing else has been considered at this point in tame. Commissioner Matthews mentioned her concern with a boat yard in the same vicinity as a residential community. In response to Commissioner Norris, Attorney Anderson indicated the petitioner would be willing to eliminate the boat activities if necessary for this approval. Mark Lamoureux, also representing the petitioner, explained other planned developments tn the area and displayed a graphic design of the proposed boat yard. He stressed that the petitioner has agreed to add a substantial buffer with a wall to completely screen that area from nearby residences. Commissioner Volpe remarked as this pet~tlon As proposed, there As the presumption that the entire site can be developed as a boat yard. Commissioner Saunders stated the public hearing is closed. C~tastoner Volpe moved, seconded by Comissioner Matthews and carrie4 unanimously, to approve Petition PUD-92-12, subject to the elimA~tton of hotel/motel uses and boat activities from the PUD Doc~mm~t, thereb~ adopting Ordinance 9S-18, am entered Into Ordinance Book lo. 60. (206~) ~tell #12CA ORD.]lANCE 93-~9 PURSUANT TO THE S?AT~ HOUSZNG ZNZT~&~V~S PROGRiJII (SHIP), CR~,.ATZNG ~ LOCA~ HOUSIN~ ASSISTANCE PROGRAH, T~E LOCAL HOUSING ASSZSTAN'CE TRUST FUND, ~ LOCAL HOUSING ADVZSORY COI~IZTTEE, A]TD PR~¥~DING ]FOR DESiGNATiON 0F P, ZSPO~SZBZL~TY FOR ZHPLE)~NTATZON OF THE LOCAL HOUSING ASSISTANCE PROG~]~[; RESOLUTZON 93-~58 APPOZNTZNG I.~MBERS TO THE LOCAL HOUS~NG ADVISORY COHHITTEE; RESOLUT~0N 93-159 Aprtl 13, 1993 DIR~CTINQ TI~ CHAI~ TO SIGN THE CERTIFICATIONS REQUIRED UNDER TH~ SHIP PROGRAm: AND RESOLUTION 93-160 INCREASING ADMINISTRATIVE COSTS OF THE LOCAL HOUSINa ASSISTANCE PROGRAM TO A MAXIMUM OF 10~ OF THE SHIP FUNI~ - ADOPTED; AND INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES A~D COLLIER COUNTY TO JOINTLY RECEIVE A~D ADMINISTER FUNDING UNDER THE SHIP PROGRA~ - APPROVED 'Legal notice having been published in the Naples Daily News on March 25, 1993, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened. Greg Mlhalic, Affordable Housing Director, presented a request to implement the requirements necessary to receive funding under the State Housing Initiatives Program (SHIP), which is baslcally documen- tary stamp taxes that will come back to the Gounty to use for affor- dable housing. He said he anticipates receiving approximately $900,000 over the next three years, and the Houslng Assistance Plan shows how those funds will be expended. He briefed the Board on the requirements of the SHIP program and the previously adopted City and County development regulations for affordable housing. Mr. Mlhaltc requested that a few minor changes be incorporated into the proposed ordinance. He specified on page 6, Section IV, paragraph B, the correct Rule of the Florida Administrative Code is "91-37.008"; and on page ?, paragraph D, the first sentence should be amended to read, "Amounts on deposit in the Local Housing Assistance Trust Fund shall be ~nvested 'according to Collier County's Investment policies and procedures.'" The followlng person spoke regarding this item: Jane Varner Commissioner Saunders stated the public hearing is closed. Co~Ase~oner Volpe moved, seconded by Commiaa~oner Constantine and carried unani~ou~ly, that Ordinance 93-19, as entered into Ordinance Book No. 60, be adopted as amended pursuant to the SHIP program, creating the Local Housing Assistance Program, the Local Housing Assistance Tx-u~t Fund, the Local Housing Advtsox~ Committee ~nd pro- viding for designation of responsibility for laplsaentation of the Local ~ing A~eletance Program~ Page April 13, 1993 ~ieeloner Yelps ~oved, seconded by Co~aissioner Norris ~nd carried unani~ousl¥, to &dopt Resolution 93-158 appointing membero to the Local Housing Advisory Coatttes; to adopt Resolution 93-159 directing the Chairman to st~n the certifications required under the SHIP Program; to adopt Resolution 93-160 increasing Administrative costs of the Local Housing Assistance Progra~ to a ~axt~n~ of 10~ of the SHIP i~ds; and to approve the Interlocal A~reeaent between the City of Naples and Collier County to Jointly receive and ad~tnieter fu~din~ under the SHIP Program. Page 17 April 13, 1993 (2gB~) FETITIOII &-g3-1, NAPLES GYM, INC., D/B/A GOLDtS GYM, APPEALXNG THE DET~]~IIUTXOR OF THE SITE DEVELOPMENT REVIEW DIRECTOR THAT TH~ PROIK)~D EXPANSION OF GOLD'S (FYM BY 240 SQUARE FEET WOULD REQUIR~ TH~ PROVISION OF AN ADDITIONAL TWO PARKING SPACES - APPEAL DENIED; STAFF TO FA~T TRACK APPLICATION FOR HARDSHIP VARIANCE Legal notice having been published in the Naples Dally News on March 28, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Ken Baginski, Current Planning Manager, explained Gold's Gym was originally constructed in 1990 with an addition being completed in February of 1991. He said when the addition was constructed, the site plan provided for four additional parking spaces than required under the existing Code. Subsequently, he noted, ma~or changes were made to the zoning ordinance that required facilities such as this to provide additional parking. Ne said those changes then made this pro~ect non- conforming based on parking. He reported an application was made in 1992 to expand the facility by approximately 240 square feet to create a loft area. He stated a permit was denied based on the fact that the applicant was requested and required to provide two additional parking spaces, which he was unable to do. He concluded the denial resulted in a request for interpretation and this administrative appeal. Commissioner Saunders questioned if this facility is vested under the old ordinance, to which Mr. Baginski replied in the affirmative. Commissioner Saunders wondered if the petitioner digs up the four additional parking spaces that were installed in 1991, which were in excess of what was required under the old ordinance, and puts in a water fountain, would he still be in compliance? Mr. Bagtnski indicated that is not a situation he has come across. He said he does not believe Staff would condone that action based on the fact that the facility is currently not conforming, because they are approximately 43 parking spaces below the minimum required under the current Land Development Code (LDC). Commissioner Volpe reminded Mr. B~ginski of his remarks that upon Page 18 April 13, 1993 his recommendation, the Board subsequently adopted LDC language which provides that only the expansion would require additional parking in cases where a facility has existed for some time before the LDC was adopted. Attorney Charles Lehman, representing the petitioner, cited a hypothetical situation identical to that of his client. He asked the Board to make an interpretation giving credit for the excess parking at today's rate of one parking space per 100 square feet. Commissioner Volpe questioned if there has been a parking problem at this facility? Phil Brady, owner of Gold's Gym, responded ~n the negative, to which Code Enforcement Director Dick Clark concurred. The following person spoke regarding this item: Anthony Pires Commissioner Volpe remarked with regard to Mr. Pires' client and h~s similar case, that he is not prepared to address any other existing situations, and will only consider the facts concerning this administrative appeal. County Attorney Cuyler suggested Staff must develop an operating procedure, because they may not be able to differentiate solely based on differences in location as to the basis of the Board's ~nterpreta- tion. Mr. Baginski commented he does not believe these are isolated situations, and what the Board decides in this case will determine the direction of Staff on other cases. He stressed that this administra- tive appeal concerns whether the Board finds Staff's interpretation of the LDC correct, not whether it is fair. He pointed out other avenues are available to the petitioner, such as requesting a hardship variance. Commissioner Saunders suggested whether the Board grants this appeal or approves a hardship variance,~the same precedential value has been set for any other petitioner in similar circumstances. Page April 13, 1993 Mr. Baginski explained he feels more comfortable dealing with a variance, because the facts are based on the merits of each case and not applied to all similar situations in the County. Frank Brutt, Community Development Services Administrator, reminded the Board that the petitioner has already stated he has the use of adjacent parking spaces, therefore, has the ability to present a shared use agreement for parking which will solve his problem. He cautioned the Board on approving the appeal rather than giving Staff the ability to investigate each case on an individual basis. Commissioner Matthews suggested the petitioner be asked to bring this situation back as a variance. Cm~atealonar Matthews moved, seconded by Co-~leeloner Norris and carried 3/2 (Co~mieetonara Constantine and Saunders opposed], to deny the appeal of the Site Development Review Director's deterlinatton that the proposed expansion of Gold's Giro by 240 square feet would require tbs provision of an additional two parking spaces. It was the consensus to direct Staff to fast track a variance request through the process tn this case. see ~: 3:05 P.M. - Reconvened: 3:15 P.M. at which ti~e Record~n~ Secretary Hurley replaced Recording Secretary ~uevin see (940) Iten ,10 BOARD OF COUNTY COMMISSIONERS Administrative Assistant to the Board Ftlson provided the Board a memorandum from staff on the Homeless Advisory Committee. (Copy not provided to the Clerk of the Board.) She noted as of May 15, 1993, there will be three vacancies on this committee. She said although letters were mailed to the members whose terms are expiring, no responses were received within the deadline; however, all three mem- bers have now requested reappointment. She reported five resumes were also received from citizens interested in appointment. She asked for Board direction on whether to extend the deadline in order to process the requests for reappointment, or only accept the five resumes Page 20 April 13, 1993 received within the deadline. It was the consensus to accept only the five resumes received within the deadline. Me. Filson next advised that a press release was issued for the Hispanic Advisory Board for the three vacancies, and she has only . received two resumes. She questioned the Board if she should process the two resumes before a press release is issued for additional appli- cations7 Commissioner Saunders replied to process the two applications and then advertise for the additional term. (~o2o) Item ~1~&2 PHTITIO~ &-93-2, DIANN~ DURANTE-HAGMAN, APPEALING ~ D~INATION OF T~ SI~ D~~ ~I~ DI~CTOR ~T A H~ ~C~ATiON BU~I~SS ~ ~ C~ING TO ~ ~SIDENCE IS NOT CONSIDE~D C~ON, ~G~ OR ~IC~ ~ IS IN UIO~TION OF SECTION 2.6.20.1.2 OF ~ ~ D~O~ CODE ~, ~P~ING ~E DENI~ OF ~P~ OF O~IN~CE VIO~TION CITATION - D~LO~ ~I~ DIRECTOR'S DECISION ~LD Legal notice having been published in the Naples Daily News on March 28, 1993 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Attorney L~nda Lawson, representing Ms. Dianne Durante-Hagman, explained the situation with regard to her client's home occupation business. She stated that Ms. Hagman relocated her family therapy practice to a commercial location. She noted that when she read the Ordinance it appeared that normal traffic to the residence generated by the owner or by the clients would be acceptable, however, staff's interpretation of normal traffic ts zero. Assistant County Attorney Martha Howell stated that she advised Ms. Lawson that a Land Development Code (LDC) amendment has been pre- pared and will go into the next amendment cycle. She noted currently, there is no provision tn the LDC, once an administrative decision or formal interpretation is made by Staff, for procedures to then be heard by the Board of County Commissioners. She noted the amendment that she prepared will carry the administrative decisions into the Page 21 April 13, 1993 procedure for appeal of interpretations. Mr. Baginski stated that in accordance with section 2.6.20, which is the home occupational section of the LDC in any Zoning District which permits residential dwelling, home occupation can be permitted but must be incidental and secondary to the use of the dwelling unit. He said the section contains nine criteria. Commissioner Constantine questioned Ms. Lawson if Ms. Hagman pro- rides group therapy, and how many vehicles would be at the residence at one time7 Ms. Lawson stated Ms. Hagman holds only individual sessions, such as a father and teenager, and at the most, two vehicles would be at the residence. Co~Ge~oner Vo~e stated he cannot s~o~t the motion. Xe ~est~oned ~f the ~et~t~oner Js s~ccess~ ~hat ~r~ter~a ~o~)~ the Code Enforcement staff be using to measure the types of activities that occur at this residence? He noted that this will have a great deal of impact in the co~unity. Co~issioner Matthews questioned if she is allowed to vote on this item since she holds an occupational license? County Attorney Cuyler replied he would feel more comfortable if Commissioner Matthews did not vote on this item if she holds an occupation license. Co~issioner Matthews withdrew her second, stating she abstain from voting on this item. ~ to lack of m second, the motion ~tmsi~r Vo]~ m~ed, seconded ~ Conisstoner Norrtm c~r~ 3/1 (C~msioner htthM abstained ~d C~t~ti~ ~), to afft~ the dete~inatJon that b ~n nde ~ staff utt ~lates to hose oc~tion ~d that the ordlmce pro- v~b f~ ~ ~h~lar traffic, there~ upholding the ~lo~nt Page 22 April 13, 1993 (2302) ~n #13&4 I:'ETITIO~ V-93-2, HEIq~IAN J. AND CLOVER G. FOX, REOUKSTINO A 5.5 FOOT VARLMI~ ~ THE REQUIRED SIDE Y~D OF 7,5 ~ TO 2 ~T ~R ~0~ L~A~ AT 112 ~INO ST~ CAY, LOT 16 ~RT-OF-~-IS~S, ~ ~ - D~D Legal notice having been published tn the Naples Dally News on March 29, 1993 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Chahram Badamtchian approached the Board stating that the petitioner applied for a building permit, and the plan submitted with the application showed a privacy wall wlth decorative beams encroaching into the yard. He noted that prior to receiving a final inspection, a building inspector notified the applicant of the 5.5 foot encroachment; however several months after the inspection was completed and a Certificate of Occupancy was issued, the applicant erected the beams with enclosed screening. He said that staff recom- mends approval because of the minimum nature of the variance. He said the beams, and not the wall, are the problem. Herman Fox explained that the contractor was informed by the Inspector that the beams were in violation and within a half an hour the contractor removed the beams. Ne said the contractor advised that him to leave the beams down until a Certificate of Occupancy is issued. Attorney Joseph Locker with Paulich O'Hara and Slack, stated he is representing the Port-Of-The-Islands Association. He said enforcement of the deed restrictions has been very strict in the neighborhood. For example, he noted that a resident of Port-Of-The- Islands built two homes tn the neighborhood and requested side lot variances of 10 inches and 24 inches which were turned down. CoBmtsstoner Volpe moved, seconded by Co~aieeLoner Natthew~ End cmrriedu~mnt~ousl¥, that Petition V-93-2 be denied. (281a) It~ ,13&5 ]~.SOLGTIOX S3-161, /~ PETITION NO. Nuc-g3-I, ~PROVING T]~ CxL~qGE OF O~ ~ION-OOXflPO~4ING OS~ TO ~OTH~ NOM-CONFOI~ING ~SE O~ T~ SJLN~ ~~, ON PROPerTY LOC&TED AT ~ SOUT~T~ST CORNEX OF ~ April 13, 1993 I]ITEI~CTIO~ OF TAMZAMZ TRAIL (U.S. 41) WITH 5.R. 29 - ADOPTED Legal notice having been published tn the Naples Daily News on March 28, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened, Planner Chahram Badamtchian approached the Board and stated that Mr. Wayne Janes is requesting that the Board of Zoning Appeals approve the change of one non-conforming use, a gasoline station with minor auto repairs, to another non-conforming use, a gasoline station with a convenience store. Commissioner Matthews questioned if the station Is giving up the minor repair use for the convenience store, to which Planner Badamtchian replied in the affirmative. Commissioner Saunders stated that the public hearing ts closed. Commissioner Volpe communicated his concern with the change of use. Omssci~loner Constantine ~oved, seconded by Commissioner Norris ·nd c~-Tted 4/1 (Commissioner Volpe opposed) to approve Petition No. NUC-9~-I, ~md that Resolution 93-161 be adopted. 97 Page 24 April 13, 1993 UC011NI)II~TIOR ?O A~I~t0V~ A RIGHT-OF-WAY PURCH&SE AGRE~NE]IT FOR P&RCEL 144 ~ llllq~ AV~IUE TO FULFILL UQUI~M~T$ ~OR I~OIl~ll ROAD ]~UR-I. Mg~IG I~tOV~l~J~rs - APPROVED This item was previously discussed earlier in the meeting. In response to Commissioner Saunders, Mr. Archibald supplied the Board with the new additional language for paragraph five. He said the new language will clarify the intent and provide for traffic cir- culation movements. Commissioner Saunders questioned Assistant County Attorney We/ge/ if he has reviewed the new additional language. Mr. Weigel rep/ted that he was involved Jn the discussions. Comm/~loner Norr/s moved, Comm/sstoner Constant/ne and carrted mxantmousl¥, to al~rove a rlght-of-~ea¥ ~urcha~e a~ree~nt with the additional lance. O00- dO1 Page 25 April 13, 1993 BOARD OF COUNT~ COI~IlSS~ONERS* COI~qUNICATIONS Commissioner Volpe referenced the correspondence of the merchants concerned with the selling of Easter flowers along the roadways. County Manager Dorrlll indicated thac there are no current limita- tions. Be said that staff will Investigate and report back. Commissioner Saunders provided the Board with a draft of the agenda for the Environmental Workshop scheduled for April 21, 1993. sea Co~alaeloner Norris seconded by Co.missioner Volpe ~nd c~Tted un~ni~usly, that the foll~tng tte~ ~der the con- ~t ~ ~ appr~ ~d/or adoptS: *** Ita~l~l ~ ~ ~T OF =~S HOLL~ - WI~ ~ STI~TIONS ~ LIS~D See Pages Ira ~1%&2 RESOLUTION 9S-145 ACKNONLEDGING THE RESUBDIVISION OF TH~ NORTH 180 FE~T OF TRACT 139, A PORTION OF A PR~VIOUSLY RECORDED PLAT KNOWR AS GOLDEN ~ATH ESTATES UNIT NO. 11 - WITH THE STIPULATION AS LISTED IN TH~ ~C~TI~ SUt~t~RY See Pages II - Item ~16A3 RESOLUTION 93-146 ACKNOWLEDGING THE RESUBDIVISION OF ~CT 139, A ~IO~ ~ A ~OUSLY ~CO~ED P~T ~ AS GOLDEN ~ ~STA~S ~IT ~. 24 - ~ ~ STIP~TION AS LIS~D IN ~ ~I~ SeePages Item ,1%A4 I~OLUTIO~[ 93-147 ESTABLISHING AN ADMINISTRATIVE APPROVAL ~ ~~ ~ A~ORI~TIONS ~R FZN~ S~DIVISION I~~ See Pages / FINAL I~&T OF ~CN~STA~ ~ RV RESORT, PHASE FOU~~ - WITH TH~ STIP~.ATIO~ AS LISTED IR Tug KXECUTIV~ SUMMARY Page 26 April 13, 1993 P..~OLIF~ON 93-148 ACKNOI~EDGING TH~ RESUBDIVISION 0Y S~S 2 ~ 3, A ~ OF · ~IOUSLY ~CO~ P~T ~ AS PKLIC~ ~Y ~T ~ - It~ ~16A? RESOLUTION 93-149 ACKNOWLEDGING THE RESUBDIVISION OF SITES 627, 628, ~ ~29, A PORTION OF A PREVIOUSLY RECORDED PLAT KN091N AS EAGLE CREEK KHTATK~ AT EAGLE CREEK - MITE THE STIPULATION AS LISTED IN ~ See Pages Item 916&8 SEWER FACILITIES ACCEPTANCE FOR VINEYARDS BOULEVARD 4 INCH AND 16 INCH FORCE ,(&IN - M/TH T~ STI~mATICH AS LIS~D~ THE ~ECUTIV~ RESOLUTION 93-150 AUTHORIZING I JOINT PROJECT AORKKM]~NT WITH FDOT FOR A HIGHM&Y LIGHTING SYSTEM ON A PORTION OF C.R. 92; AND RESOLUTION 93-151 AUTHORIZING A JOINT PRO3ECT AGRKEKMENT WITH FDOT FOR ROAD M&INTENANC~ ON A PORTION OF C.R. 92 Item ~16B2 ~AL AGREEMENT MITH DAVID PLUPS(ER & &SSOCIATHS, INC., FOR ADDIT~G~J~ M&TER M&IN AND ROADMAY DESIGN SERVICHS FOR THE FOUR LANING ~ OF SANTA BARBARA BOULEVARD/LOGAN BOULEVARD Item #1~Cl ~ M/TH T~E DHPARTM~NT OF CO~B~UNITY AFFAIRS FOR BLOCE GRANT FUNDZ~ B~IHFITING THE PUBLIC HEALTH UNIT'S OBSTETRIC PROGRAM - IN THE AMOUNT OF 07,066 Item ,26C2 RESOLUTION 93-182 RE EXECUTION OF THE PERMANENT UTILITY E&SEMENT; KASB3(KIrT AGNK~(~NT AND UTILITY EASEMENT BETWEEN THE BOARD OF COUNTY CO~R~SSIONHRS AND THE VINEYARDS DEVELOPMENT CORPORATION See Pages /~--/-- / 7~ It~ ,16D1 ~ O~ ~]/~PI~GN COUNTY COt~FUTElt EQUIPMENT TO ~IS~ DATA ~, I~. -- ~ ~ ~ OF 017,255 BID ~03-2018 FOR ALUMINATE SULFATE FOR NORTH COUNTY REGIONAL ~TKR FACILITY - AMARDED TO ~KNERAL CHEMICAL CORPORATION ,oo, 000 , 103 Page 27 April 13, 1993 A(3RKIMEFf WITH JOE M. FI]EEL FOR LEGAL FEES RELATED TO SIT"g AcquIsITION FOR T~I NORTH COUNTY REGIONAL MATER TREATI(ERT FACILITY EMINENT DOtCqIN C~K - IN TH~ ESTIMATED NOT TO EXCEED AMOUNT OF $65,000 See Page, / Item ~16D4 SATXSFACTXONB OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND L~ATMI3IT OF ~ IMPACT FEES FOR ROBERT L. AND KATHLEKN M. TKTRAULT, HUSB&IID AID WIFE, AND MARY LOUISE COMIT0 See Page. Item d,16D8 NOTICE OF PROMISE TO PAY AND A~ ~ ~ PA~ OF S~ ~ ORDB3t NO. 3 TO THE CONSTRUCT/ON CONTRACT WITH T.A. FORSBKRG, INC., FOR THI RAM AND FINISHED WATER MAINS AT THE NORTH COUNTY REGIONAL MATKR TREATMENT PLANT SITE - IN TH~ AMOUNT OF 89,292 Item e16F1 & NEM LEASE AGREEMENT BETWEEN COLLIER COUNT~, A POLITICAL SUBDIVISION OF TH~ STATE OF FLORIDA, AND RICHARD B. T~LRSDALE, FOR THE CONTINU~D UTILIZATION OF OFFICE SPACE BY THE EMERGENCY S~RVICES DIVISION SeePage. I Zm- Itu e16F2 RKSOLUTZON ES-/53 AUTHORIZING AN AGREEMENT BKTW~EN COLLIER COUNTY AND FLOR/DA COUNT/ES AND MUNICIPALITIES FOR CATASTROPHIC B3q~RGENCY RKSPONS~/R~COVKRT Iq~ITUAL AID RESULTING FROM NATURR~, OR TECHNOLOGICAL See Pages /~7-- /~ RE~OL~T/O]I 9S-154 ADDING UNIT~ TO THE 1993 COLLIER COUNT~ MA~D&TOR~ SOLi~D ~ COTJ.~CTION SPECIAL ASSESSMENT ROLLS Item #16H1 STIFULATKD ORDER FOR DKFENDANT'S ATTORNEY FEES AND COSTS FOR Tu~ ACQUISITION ON PARCEL NUMBER 165 LOCATED IN THE PINK RIDGE INDUST~/AL PARK M.S.T.U. - IN THE AMOUNT OF $6,450.16 Page 28 April 13, 1993 lte~ ~A~2 ~ 0gID~R ilO. 2 TO T'HK CONTRACT tr/:TH SKM'FNOLB: HORTI'CULTURI'STS, ZIIC., FOR ~ GATE PAI~(MAT' IqKDZAN MATIITKlqANCK - TN THE AMOUNT OF $3,1~0 I~i~~T TO FLORIDA PO~ER AND LIOHT FOR RELOCATION OF UTILITT LINE~ ~ ~SANY B~ Th~ CONSTRUCTION OF IMPROVEMENTS FOR NAFLE~ F~OD~'fXON PARK MUNICIPAL SEI~VICE TAXING AND BEI~FIT UNIT THE ~q]NT OF $44,355 I~wm #16H4 ~TAFF TO ADVENTISE A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINA~ P~VXDXNG FOR THE DISSOLUTION OF THE WIGGINS PASS I~U~ICIPAL SEIWICK TAXING UNIT AND ITS ADVISORY C09~ITTKK Llff OF ~ ORD~ TO DATE ON CONTRACT NO. 91-1791WITR T.A. FOR~B~ INC., FOR CONSTRUCTION OF IgOV~]~f~S FOR ~ NAPLKS FRODq~CTXON PARE M.S.T. & B.U., AND AUTHORIZATION OF A NEW $50,000 F.~,~TX~ 93-155 ~%NTING A UTILXT~ EASEMENT TO FLORIDA POWER AND LI~T ~~HA~! OF EASEMENT FRO~ FLORIDA POWER AND LIGHT ¢(~PANY RE Itot ~lJN7 moved to Item #8H2 MI~CB~B~OOB COIq]~PONDKNCK -FILKD AND/OR REFERRED The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: Page 29 April 13, 1993 C~RTIFIC~T~ OF CORRECTION TO TH~ TAX ROLLS No. 1991 TAX ROLL D&te 232 4/6/93 1991TANGIBLK PERSONAL PROPKRTY 1991-136 4/6/93 129/131 1992 TAX ROLL 3/31/93-4/7/93 1992 TANGIBLK PERSONAL PROPERTY 1992-108/1992-114 4/1/93-4/7/93 Item KXT]~ (L~N TIPlZ FOR I~ No. 2479? Item ~16~S SATISF&CTI01~ OF LIEN FOR SERVICES OF TH~ PUBLIC See Pages ~/~' ~c~ USE OF CO~FI~&T~D TRUST IeUNDS TO PROVIDE I~]qDING FOR CONTINUED CRI~N~ PRNV~FflO~ ~D~C&TI~ON - l~R TH~ ~OUNT OF $1,000 There being no further business for the Good of the County, meeting was adjourned by Order of the Chair - Time: 4:30 p.m. BOARD OF COUNTY CO~fl~ISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN ..' ~?;.~. ;.>'~.~'.;',x. ~ ese'~ Pgroved by the-Board O~ ai.~r~'sen~ d.;x',.'~ or as corrected the Page 30