BCC Minutes 09/08/1992 R Naples, Florida, September 8, 1992
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
APpeals and 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 9:00 A.M. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Michael $. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
Patricta A. Goodnight
Max A. Hasse, Jr.
Burr L. Saunders
aLSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Kathy Meyers and Ellie Hoffman, Deputy Clerks; Neil Dorrill,
County Manager; Jennifer Edwards, Assistant to the County Manager; Ken
Cuyler, County Attorney; David Weigel and Dennis Cronin, Assistant
County Attorneys; George Archibald, Transportation Services
Brutt, Community Development
Administrator;
Frank
Services
Administrator; William Lorenz, Environmental Services Administrator;
Ron N~no and Bob Mulhere, Planners; Barbara Cacchtone, Chief Planner;
Bob Fahey, Solid Waste Director; Reginald Boucher, Solid Waste Senior
Engineer; John MadaJewski, Project Review Services Manager; Sam
Saadeh, Project Planner; Sue Filson, Administrat~ve Assistant to the
Board; and Deputy Byron Tomlineon, Sheriff's Office.
Page
September 8, 1992
Commriaetoner Shanahan moved, oeconded t~ Conteotoner Saunders and
carried m~n~mouoly, ~o a~r~e the agenda w~th the ~ro~8ed ch~ge8
detatl~ on tho Agenda C~ge S~et ~d the
~t~ ~1~:
1. Item ~16(A)~ moved to ~8(A)6 - Reco~enda~ton that lhe Board
off Co~t~ Co~tsstoners a~rove the Communtt~ Develo~men~
Reorg~tzatton Plan and direct Staff to amend the tentative budget
accordance wSth the Reorganization P~an.
Page 2
COI[S~I~~ - LPPROVEDAI~D/ORADOPT~D
September 8, 1992
The motion for approval of the consent agenda ts noted under Item
#16.
(la0)
lt~4
24, 1992 ~X~RG~NC~ RURRZC&II~ HgL'fZNGS - APPROV~D
Co~lslloner Sh~n~h~n ~ov~d, seconded by Co~tsatoner H&ese and
c~rrled 4/0 (Co~tssloner Goo~tght ~t), to approve the minutes of
~ A~t 23, 1992 ~rgen~ H~rlc~e Meetings ~d lu~t 24, 1992
~r~ ~r/c~e Nestings.
(195)
Zt~5
~ ~Z~ ~ - ~S~D
Co~tsstoner Shanahan congratulated the following employee and
presented him with an Employee Service Award:
Anthony J. Sabers, Uttllties/Wastewater Operator - 5 years
(220)
Bolxt'r~~ 92-44? ADOPTED
Co~tsstor~er Sh~hn~n moved, seconded by Commtsstonsr Hasle and
cs--rtedummt~ou~l¥, to adopt ~dget ~en~nt 92-447.
(2~0)
It~6D
~ ~ ~O~D ~CO~ZZZRG ~ ~OCEEDS ~ ~PL~C~LE
~Z~ Z~ ~ 215 ~R ~ C~ZT~ Z~O~ ~~ ~ZNG
~, 5~l[~ 1992
John Yonkosky, Finance Director, reported that this Budget
Amendment will allow the County to receive and disburse funds from the
sale of the Capita/ Improvement Revenue Refunding Bonds, Series 1992.
Commlllionir Shanahan moved, seconded by Commissioner Ssundere and
carried un~ml~ousl¥, to approve the Budget A~end~ent recognizing the
bond proceed~ and applicable expenditures.
Page 3
September 8, 1992
!.: (SO2)
N~TEItJJI[D SE11~R F&CILZTIX$ &CCEPT~D FOR LgLY RESORT, PHASX 0NE-B
Commissioner Volpe clarified that he has a client with an interest
In Lely Resort, and therefore, he requested that this item be removed
from the consent agenda so he could abstain from voting.
Frank Brutt, Community DeveloPMent Services Administrator,
explained that th~s item ks normally 3~sted on the consent agenda.
CoBl~aatoner Sh~ moved, ~econded by Co~leetoner Hasee and
carried 4/0 (Commtlatoner Volpe at,stained), to accep~ the Water ~d
~'F~11tt~el for ~ly Relort, ~se ~e-B.
Page
¢oe=tsstoner Volpe clarified that he Is abstaining from voting on
this item as previously mentioned.
Cm~iuion~r S]~z~ban.~o~e~, seconded by Co--=issloner Ruse ~d
c~rt~ 4/0 (C~lssloner Vol~ abstained), that Resolution 92-498
~tt~prellat~ accept~ce of t~ roadway, draluge, ~ter ~d
~r ~~ts for the ft~l plat of '~ly Resort, ~e
Pa~ 5
(35s)
F~fITIOI ~P-90-13 SAR N~RCO P&R~ - DISCUSSTON OF COMPLTANC~ STATUS
&~D R~QU~ST FOR D/P~CTIOR - NOR REC:OURS~ NOT~ ACCEPTED AND
John MadaJeweki, Project Review Services Manager, noted that this
Item had been continued for one week for the County Attorney's Office
to review procedures as to the terltnation of the SMP and the
corresponding site development plans for this project.
County Attorney Cuyler noted that tn researching the bankruptcy
aspect he has found that there ts no action that the Board could do
that would impact the bankruptcy proceedings.
Dennis P. Cronln, Assistant County Attorney, noted that the Board
must decide if they are willing to accept a non-recourse mortgage, as
presented by Mr. Bastk's bankruptcy attorney.
In response to Commissioner Volpe, Mr. Bastk confirmed that he is
looking to a plan for reorganization.
ann Webster affirmed that Mr. Bastk has signed a promissory note'
and submitted it to'the County.
County Attorney Cuyler advised the Board that the property is
worth more if Mr. Bastk ts allowed a continuation through the process.
Commissioner Saunders expressed that the amount owed by Mr. Basik
should be considered a separate issue; Commissioner Saunders
questioned if this project should be continued and go forward, based
on 1ts own merits.
Mr. MadaJewskt stated that from an engineering standpoint the pro-
Ject t8 not workable, and referred ~o an existing ease=eat that
overlays the easterly thirty feet of the property which w~11 have to
be vacated. Mr. MadaJewski verified that his recommendation Ls that
it ~s not a feasible pro~ect at this time, based on its location.
Barbara Cacchtone, Chief Planner, maintained that tn terms of con-
eistency with the Growth Management Plan:
a. the Industrial and 0-5 parcels are consistent;
b. the travel trailer parcel Ls currently Inconsistent, but the
amendments proposed to the ULDC will make it consistent;
Page 6
September 8, 1992
Co the C-4 parcel ~s ~nconststent.
Mrs. Cacchione noted that Staff recommends that the C-4 parcel be
rezoned to travel trailer, making it consistent and enabling it to be
integrated into a new subdivision master plan.
Mr. Bastk commented that his future plans for this property are
to develop It.
Commissioner Volpe suggested that the current zoning remain tn
place to protect the value of the property.
Mr. Mada]ewski pointed out that if the subject easement cannot be
vacated the project will have to be redesigned.
Assistant County Attorney Crontn exp1ained that if the property ts
valued at 1.4 mt/lion dollars with 800,000 dollars worth of secured
creditors and 100,000 do//are worth of unsecured creditors, the County
will probably realize the repayment of that debt. He reaffirmed that
because it is non-recourse, it is tied to the value of the land and
the Countyts only recourse will be against the property.
Mr. Mada~ewskl confirmed that the SMP extension will date back to
June, 1992.
Co.missioner Sh~ ~oved, aaconded h~ Co~aiss~onsr Saunders and
carr~edun~nl~l¥, to accept the non-recourse ~ortgmge, and approve
ese Receemed at 10:30 A.M. - Rsconvened mt 10:45 A.M.
R~COt~4ENDATION THAT THE COLLIER COUNTY BOARD OF COMMISSIONERS UPHOLD
THE INTERPRETATION OF TH]~ GROWTH MANAGEMENT PLAN REGARDING THE
REQUII~EM~NT THAT NEW CONDITIONAL USES BE REQUIRED TO M~ET THE
LOCATION CRITERIA OF TH~ GOLDEN GATE MASTER PLAN (INTERPRETATION
GP-3T-I) - STAFF'S RECOMMENDATION MODIFIED TO BE SUBJECT TO PROVISIONS
OF SECTION 5.9
Mrs. Cacchione explained that there are over 40 conditional uses tn
the Estates designation and this will limit their expansion tn most of
those cases. She further noted 4 or 5 of those conditional uses where
the original plan indicated expansion will be permitted to expand.
Tape ~
Page 7
September 8, A992
Mrs. Cacchione distributed a handout to the Board (copy not pro-
vided to the Clerk to the Board).
Mrs. Cacchtone summarized that Staff recommends that the Interpre-
tation of the Growth Management Plan be upheld.
In response to Comm/ssioner Volpe, Mrs. Cacchione explained that
the broader interpretation of Policy 5.9 would allow a petitioner to
apply for a conditional use and under 5.9 would be considered con-
slstent with the Plan. She noted that this would allow review of the
conditional use and determine whether the intensification is
appropriate and compatible with surrounding properties. She sum-
marized that Staff's interpretation would not allow for expansion to
be consistent An any way.
Pamela Mac'Kie and George Keller spoke to this item.
Cotlnty Attorney Cuyler advised that in some cases the churches may
have future expansion in mind but for the time being they Just pro-
vided their site development plan. He further advised that the
appropriate motion would be to modify S~aff's recommended interpreta-
tion.
=i~ ~~ly, to ~tfy Staff's recomn~tton to pr~tde
~ ~t ~ltional ~ ~d t~ four provision1 ~es In Golden
~ate ~tat~ ~bJect to the Golden Gate ~ster PI~ ~uld ~ ~bJect
~o ~ ~isi~ of Sec~t~ 5.9 re~dlng the tnte~re~atto~ of
c~1t1~1 ~ m~llcatton to
Zt~12C~
~O~ZO~ 92-499 ~ZRG ~I~ZOR 5]~-92-1
~~ ~ ~Z~" ~ ~0 ~ "~ZO~ C~ DRZ~
~1~1~ DR~~ - ~D
Legal notice having been published in the Naples Daily News on
August 23, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Page 8
September 8, 1992
Hr, Brutt explained that essentially the Narrtott ts requesting
that the two roadways swap names.
He noted that ad~Jacent property o~mers have been contacted and
they have no ob~ect~on.
Mr. Brutt s~ar~zed that S~aff reco~ends approva~ of the
Petition.
c~ ~~IF, to close the ~b]~c he. Lng.
~~r S~ ~d, second ~ Co~Loner Sanders ~d
c~ ~ly, To a~r~e Petition 5~-92-1, there~ adopting
~lutl~ 92-499,
Paga 9
September 8, 1992
(g20)
~CO~IgDATIONTRATTHE BOARD OF COUITTY CONNZSSIONERS APPROV~ TH~
CO~UNXT~ IFgV~LOP~lgT SERVICES D[VX~ZON~S REORGANIZATION PLAN AND
DII~ECT ~TA~F TO AMEND THE TENTATIV~ BUDGET IN ACCORDANCE WITH TH~
KEOR~A3~ZATION PLAN - YINAL ACTION TO BE TAKEN AT BUDGET HPM~RING
Mr. Bruit explained that the structure of the organization is
changing and Job duties and responsibilities are being revised, as
well as elimination of two supervisory levels and consolidation of
several positions,
Mr. Bruit summarized that the ~nd 113 Budget will be decreased
$335,000.
Commissioner Saunders commented that this will be discussed at the
· Budget Hearing and final action will be taken at the conclusion of the
Budget Hearings
(229o)
Ite~ ~o2
STATU~ ltKPORT ON TKE PILOT YARD WAS~'~ PROGRAM PRESENTED - PILOT
FRO~e~N TO CO~TINUg ~ WOP~SHOP TO Bg $CHF, DULKD
Reginald Boucher, Senior Engineer with the Solid Waste Department,
reported that the current pilot program which has been In place for
eight months has effectively achieved compliance with State /aw.
Mr. Boucher acknowledged that there have been complaints received
as to not enough yard waste collections or that the service ts not
needed and a garbage collection Is h,eing lost.
Hr. Boucher noted that one option Is to obtain a green card which
allows a resident to utilize three disposals per month, which can be
household garbage or yard waste.
Mr. Boucher also noted that another complaint Is the confusion
over which day ia the actual collection day. Mr. Boucher referred to
Attachment C of the Executive Summary and pointed out that funds have
been estimated for advertising.
Bob Fahey, Solid Waste Department Director, suggested that a
workshop session be scheduled to discuss these issues.
The following people spoke to this Item:
Page 10
September 8, 1992
Bud Kornse
Mike Kennedy
Douglas McGilvra
Commissioner Volpe recommended that the current pilot yard waste
: program continue and a workshop is to be scheduled at a future date.
The Board concurred.
County Manager Dorrill explained that this Budget Amendment will
create a separate budget in order to identify individual costs asso-
ciated with Hurricane Andrew.
In response to Commissioner Volpe, Mr. McNees confirmed that It
could be as long as three years before funds are totally reimbursed.
County Manager Dorrill confirmed that reimbursement ts contingent
upon the State of Florida because the U.S. Treasury will wire transfer
money to the State of Florida and in turn the State will reimburse
local government for eligible costs.
C~ieetoner Shanahan ~oved, seconded by Commissioner Hasae and
carriedunani~ously, to authorize the ~dget ~en~nt to allocate
Z~ f~ ~t of e~es related to H~rlc~e ~.
Xta~A
O~X~ ~X~ COLLX~ CO~ ORDXN~CE ~O. 92-33, ~ ~DUCATXON~
FACILXTX~ ~ X~A~ ~E O~I~CE, BY ~D~G A ~OVXS~ON TO
sz~ 2.02 ~DING ~T ~ BUILDING PE~ITS ~ICH ~ ISS~D
~~ ~ A C~~D BUILDING PE~IT ~PLICATION FILED ~IOR TO
S~~ ~0, ~992, S~L BE ~ ~OM ~ PA~ OF E~CATION~
FACILITI~ ~ I~A~ ~E - ~PTED
Assistant County Attorney Cronin advised the Board that this ts an
Emergency Ordinance amending the School Impact Fee Ordinance that Is
scheduled to be effective September 10, 1992.
~io~er S~re ~oved, seconded by Conteeloner Sl~n~d~mn ~nd
carried m~i~ou~ly, to declare an e'aergency for purposes of con-
Page
September 8~ 1992
ducttn~ · public heartn~ on the proposed Ordinance.
Com~/ssioner Hames ~ed. seceded ~ Conissioner G~lght ~d
~1. ~lnly, to cloH tb ~bltc hearing.
Co~tsstoner Volpe noted that this will allow anyone who applies
for a ~lldtng permit prior to September 10, 1992 with a completed
application to be exempt from paying school impact fees.
~l~i~ S~ ~ed, seconded ~ Co--Isotoner Oo~tght
~ ~t~ ~tmly, t~t the E~rgen~ Ordtn~ce ~ndtng Collier
C~ ~di~co No. 92-33, the Educational Facilities System I~ct
Fa ~tmce ~ ~ddlng a pr~tston to Section 1.02 pr~tdtng that
~tltt~ ~ntts ~tch are isled purer to a collated ~lldtng
~ntt a~ltcation filed prior to 8epten~r 10, 1992, s~ll ~ exert
frn t~ ~t of l~cattonal laciltttes Synton I~act Fee ~
~tg u Ordt~ce ~o. 92-65 ~d entered Into Ordt~ce ~ok No. 55.
~IC ~ - B~HI~ ~$ D~INAGE ISS~ TO BE P~CED ON
S~ 22, 1992, AG~A ~ ~T NO MO~ ~ 10 CO~S BE ISS~D
~I~ ~ ~OD
Sam Paxton requested that a six month temporary certificate of
occupancy be Issued for his VFW Pos~ from September 15, 1992 to March
15, 1993.
Com~lutoner S~srs moved, seconded by Coutsstoner Huse and
c~rrtedun~nlmousl¥, to place this r~est on the next available
Hr. NadaJewskt discussed the Berkshire Lakes Drainage System,
noting that the Issue relates to the responsibility for the grading of
Individual lots within a project to drain to the master water manage-
ment system that ts constructed and approved to handle surface water
drainage for any Individual pro]ec~.
Mr. Mada]ewskt acknowledged tha~ Compliance Services Inspectors
determined that the grading of lo~s In the Berkshire Lakes pro~ect ts
not consistent with the overall approved master drainage plans.
in response to Commissioner Vol~e, Mr. Mada]ewskt noted that
~1d~ng ~rmtts are not being issued at ~hts time.
Page 12
September 8, 1992
in response to Com~issioner Volpe, Assistant County Attorney
Weigel expressed that lawsuits are not anticipated, however the modi-
fication of the original approved water drainage plan may put the
County in the position of co-defendant, since property owners may
not like the idea of re-grading or removal of natural vegetation from
their lots and the installation of catch basins with drainage piping,
and ultimately may create hardships.
Mr. Weigel noted that the developer is present to affirm that he
is working in good faith to work out the most efficient and best
suited drainage and impact as little as possible.
Mr. Weigel confirmed that the developer will provide a comprehen-
sive indemnification for the County as to incurred costs with
potential lawsuits. He discussed that Staff is working with the deve-
loper and the community to improve the situation.
Tom Maloney representing Coast Communities, discussed that the
developer is not liable for this situation, but instead is a situation
that involves a modification in County procedures. He noted that the
developer will enter into an indemnification agreement with the County
with certain conditions.
In response to Commissioner Volpe, Assistant County Attorney
'Wetgel confirmed that the indemnification would be essentially for
litigation.
Mr. MadaJewski requested that this item be placed on the September
23, 1992 agenda to review the inde~llficatfon document, and that Staff
be directed to issue no more than 10 certificates of occupancy in the
interim, based upon a revised plan and that the lots will have to be
in conformance with the revised plait before the c/o is Issued.
Commissioner Saunders explained that the Board has no backup
~aterial for this issue and when it is discussed in the future, he
would appreciate information on the implications to the existing pro-
perky owners and the negative impacts.
Commissioner Saunders requested that notice be given to the pro-
perty owners as to the discussion of this issue in the future. He
flO0 , 29
Page 13
r~~ September 8, 1992
re¢luested that a notice be posted In the Community Center.
John Yonkoek¥, addressing the Board as a homeowner tn Berkshire
~akes, spoke to this issue.
sea Deput~ Clerk Hoffaan replaced Deput~ Clerk Ne~ers at this tin
Mr. ¥onkosk~ suggested that the County obtain a commitment from
the developers indicating that they will correct the problems rather
than looking at it from an indemnification process.
Mr. Malone¥ reported that a new plan has been devised, incor-
porating the existing changes that have been made. He explained that
he feels this plan is workable and should take care of all future
development. He revealed that the nester declaration has been
amended, b¥ creating small easements along the property lines to allow
for the drainage.
Mr. Malone¥ stated that the revised plan ts the best plan for
draining the properties, however, the County has issued certificates
of occupancy which were not in compliance with the approved plan.
Mrs. Charlotte Westman spoke with regard to this Item.
Mr. MadaJewski advised that staff is recommending that this item
be placed on the September 22nd agenda to address the Issue of the
Indemnification documents; that staff be directed to issue no more
than ten certificates of occupan¥ during that two week period; cer-
tificates of occupancy must be in compliance with the revised plan;
and no additional building permits to be Issued during the two week
time period.
Mr. Paul reported that Berkshire ~akes has been developed for
3-1/2 years with 90X being completed without inspections to lot
drainage. He indicated that he does not believe it is Justified to
hold up CO's and/or Building permits for something that his firm has
mover been involved in ffrom the beginning. He related that the actual
lot grade drainage has not been an tosue for anyone.
Mr. Paul explained that the mastE~r drainage plan addresses the
entire Berkshire Lakes community. He noted that he has been assured
Page 14
September 8, 1992
by etaff that there would be flexibility tn the plan to allow, tn
situations similar to Mr. ¥onkosky's, to make engineering arrangements
to deviate water from that property if there ts a problem.
Commissioner Saunders questioned whether Mr. Mahoney would be ame-
nable to providing notice to the affected property owners. Mr.
Mahoney remarked that he would provide notice.
The Commission concurred with staff's recommendation as suggested
by Mr. Mada~ewski.
*** Recaps 1:45 P.M. - XeCO~ 2:00 P.N. ***
(2.50)
OP~Z]EA]IL~ 92-68, P~ Pr~ITZON R-92-6, SALVATOP~ SC~DERZ OF SCTTDE~I JUfD
C~ZLDS, X]Q~E31~ZiG M~. SALV&TOP~ C~3Z~O, ~Q~S~ZXG ~ZO~ ~
C-2 ~ ~-12 ~R ~OP~ L~A~D ON ~ ~ST SIDE OF ~ S~ET
N~ ~ ~~~ ~I~, ~CO IS~ - ~D S~ TO
Legal notice having been published Ln the Naples Dally News on
August 19, 1992, as evidenced by Affidavit of Publication fi/ed with
the Clerk.
Planner Saadeh stated thai the petitioner proposes to rezone a
12.52 acre parcel from C-1 to RMF-12 with a density cap of six units
per acre. He explained that surrounding land uses to the north and
east are partially developed RSF-4 zoning; to the south is partially
developed C-1 zoning; to the west ts partially developed RSF-4 zoning
with existing single family homes and developed C-3 zoning with the
existing Mission de San Marco Plaza.
Mr. Saadeh indicated that staff has reviewed this petition for
consistency with all Elements of the Growth Management Plan and have
determined that this petition is consistent with same, subject to con-
ditional approval.
Mr. Saadeh explained that a compatibility exception application
was applied for and denied. He noted that an appeal to the com-
patibility exception submitted by the applicant was also denied. He
revealed that the applicant has a vested rights determination appltca-
Page 15
September 5, 1992
tion pending, which would allow the C-1 zoning to remain should a
positive deter~tnation be made. He reported if the property ts
rezoned under this application, the vested rights determination appli-
cation will then be withdrawn.
Mr. Saadeh remarked that preliminary SDP approval has been issued
for this site for a 240 unit Adult Congregate Living Facility, noting
that the proposed action, if approved, would allow up to 7§ multi-
family units which represents a significant reduction in impact on
essential services and roadways.
Mr. Saadeh divulged that nine letters of opposition and one
~nblased letter have been received.
Mr. Saadeh stated that the Planning Commission, at their August 6,
1992 ~eettng, unanimously recommended approval of this petition sub-
Mr. Salvatore Scuderi advised that his client has agreed to a 35'
height limitation.
There were no speakers.
~Ltm~on~ ~e ~d, eeconde~ by Coamissioner Goodn~ght and
c~t~r~ed~n~u~¥, to close the public hearing.
Co~tNtone~ Shanah~n ~oved, seconded by Co,missioner ~se and
CS~Tiedm~ani~ousl¥, that 0rdl~ce 92-66 ~ Idopt~ ~b3ect to the
~titl~s ~~nt ~d entered Into 0rdin~ce ~k No.
Page 16
September 8, ~992
(622)
RZSOLUTI011 92-500, RE PETITION V-92-12, M&RK MINOR OF q. GRADY MINOR &
ASSOCIATE~, I~ES"KNTING ~LLI~ 8~ICH, ~S~, INC.,
~~~ V~~S ~R S~ZLL C~ LOCATgD ON ~ SO~ SZD~ OF
~TA ~ ~ ~T OF ~ ~CE TO LELY ~FOOT B~ ~
- ~~ ~~ TO STI~TIONS AS ~ED
Legal notice having been published in the Naples Daily News on
August 23, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Nino requested that Companion Item 13B1 be heard in con-
Junctlon with this item.
Non Nlno, Project Planner, explained that staff and the Planning
Comm~sston are of the opinion that all the factors that impinge upon
this property suggest that this should be used for something of a den-
sity that would be higher than that which could be achieved by sing/e-
family housing. He indicated that the developer proposes to build
s~ngle family detached housing on the subject site.
Mr. Nino stated that the property qualifies for six dwelling units
per acre under the density rating system of the Growth Management
Plan, which would produce approximately 10+ units, however, the deve-
loper is requesting nine dwelling units under the cjuster development
provis~ona of RSF-5. He noted that the developer is unable to meet
the open space requirements and it should be recognized that this pro-
party is already being impacted by its environs in terms of high den-
Sit¥ relationships and the County is asking the property owner to
dedicate 25~ of what is already a very small piece of land. In addi-
t~on, he remarked that even though there ~s sufficient frontage for
the developer to front all h~s lots directly on Bonita Beach Road,
staff has indicated they would not approve a subdivision plan to al/ow
that.
Mr. Nino advised that this issue was presented to the Planning
Commission and it was felt that there are hardships as a result of the
application of public regulations and therefore, the granting of the
variances are Justified on the basis of hardship, i.e. reduction of
Page
September 8, 1992
open space, reduction in buffer setbacks and a reduction in terms of
rear yard requirements.
Mr. Nino affirmed that the subject petitions are consistent with
the Growth Management Plan subject to staff's stipulations to insure
that issues of environmental enhancement and traffic consistency are
met.
Mr. Nino urged the Commission to approve the Conditional Use as a
cjuster development for nine units per acre and to grant the variances
aa iljustrated on the maste~ plan.
Mr. Mark Minor, representing the petitioner, voiced concerns with
regard to the stipulations contained tn the executive summary. He
remarked that during the meeting of the Planning Commission, minor
changes were agreed upon, but noted the changes are not reflected in
the agenda packet.
Mr. Minor called attention to the first sentence of Conditional
Use Transportation Stipulation #2, noting that the language should
read: "Ingress and egress will be limited to right-in/right-out if no
provisions are made for a median crossing..." Mr. Nino indicated that
this language was discussed at the CCPC meeting, and cited no objec-
tion to the language as read by Mr. Minor.
Mr. Minor pointed out that Conditional Use Planning Stipulation ~3
and Variance Petition Stipulation #2 should read to reflect that the
~asonr¥ wal! may meander to produce a more pleasing viaual affect.
Mr. Nino concurred.
There were no speakers.
Co~Ltulone~ S~undars ~oved, ae¢ondad by Contealona= Shanahan and
c~zTtedu~nim~ml¥, to close the ~bltc hearing.
~~~ S~ ~ed, ~econded ~ Co~ss~er Hu~ ~d
~1~ ~2-5~, ~b~ect ~o the s~~ ~s ~nd~.
Page 28
September 8, ~992
(2sst)
Ztu~IJB1
ORDZIABCg 92--67, RE PETITION CU-92-4, MARK MINOR OF q. GRADY MINOR &
RE(~:~f11~ CO~DITZO~AL USE 5 (CjustER ROUSING) FOR SPOONBILL COVE
LOC&T~D O~ T~E ~ SIDE 0F BONITA BF~CH ROAD, EAST OF TH~ ~NTRARCE
TO L~LYB&~EFOOT BEACH PUD [CO~PARION TO ITE~ 13Al) - ADOPTED SUBJECT
TO S'fZFUL&TIOR~ ~ &I~q~DKD
Legal notice having been published In the Naples Dally News on
August 19, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
This petition was heard tn conjunction w~th Item 13A1.
There were no speakers.
Comm/utoner Saunder8 moved, seconded b~ Co,r~tsetoner Shanahan and
c&rrtedun~nlmou~ly, to close the public hearing.
Comm/utoner Sh~n~han moved, seconded b~ Com~ataetonar H~aee and
c~x'rled unmnt~ou~ly, that Ordinance 92-6? be adopted, ~ubJect to att-
pulatton~ u ~ended and entered 1nra 0~dtnance Book No. 55°
(1070)
R~.~:~FT~O~ 02-501, RE I~TITION V-92-18, 30~ L. S~ ~Q~STZNG A
0.6 ~V~ ~ ~ ~QUI~D ~0~ Y~ S~ OF 25 ~ TO
24.4 ~ ~ ~~ ~A~D AT ~400 ~ST ~S BL~. - ~D
Legal notice having been published in the Naples Daily News on
August 23, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Mulhere reported that th~s variance petition results from
two encroachments on the subject props=ry. He pointed ou~ that one
encroachment is along the garage area and has been ~n existence since
the home was built in 1982. He noted lhat the second encroachment
recently occurred as the result of an addltton to the single-family
home. He explained that the foundation was poured in line w~th the
existing carport and therefore, the same encroachment that exists at
the carport now exists at the addition.
Mr. Mulhere stated that the existing encroachment could be admt-
nistrat~vely approved since it has received a Certificate of
Page 19
September 8, 1992
Occupancy, however, the encroachment for the addition may not be admi-
nistratively approved. He requested ~hat the Commission grant
approval of the variances for both encroachments.
Mr. Mu/here advised that he has r~cetved one letter recommending
approval of the variances, noting that he has received no com-
~t~n~cations obJect~on.
There were no speakers.
C~mtonew ~ee ~c~ed, ~econde~ ~ Co.isotoner S~ ~d
~t~ ~IF, to c~ t~ ~bltc he~/ng.
~~t~r S~ ~, second ~ Co~tsstoner H~se ~d
~t~~~IF, to a~rm Petition V-92-18, there~ adopting
~l~tl~ 92-501.
Page 20
September 8, 1992
car~ledu~mlmoual¥, t~lt the following 1tm u~der the
approved ~nd/or adopted:
JI~C~FTJkN~3~ OF M&I'~R FACILITIES FOR ~IPElqIAL GOLF COURSE FIR~ LII~ -
S~z~CTTO~TZFUL&TZONS CONT&INND IN TH~ %:X~CUTIV~ SUI~I&RY
&CC~FT~ OF M&T~R FACILITIES FOR COt~fUNITY SCHOOL OF NAPLES -
· UB3~CT TO ~fZFUL&TIONS CONT&III~D IN TH~ gX~CUTIVE
OR Book
Itea#l~J~(a)
~3~,1~1~O~ 92-470 PROVIDING FOR &SSESSI~RT OF LIEN FOR TH~ COST OF ~
&~lkT~f OF FUBLIC NUISARC~ ON DOT 1, BLOC~ 12, EDEN PJkR~ - fIRST
~LDDIT"~O~, ~ OF I~CORD - ~FRIQU~ G. T~EVINO AND GUAD&LUI~ Tlq~TZNO
Item
F~OLUTZO~ 92-471 PROVIDING FOR ~SESS~ 0F
~~ OF ~LIC ~IS~CE ON L~ 15, N~LES ~OR ~, ~ OF
~ - ~ G. ~~, ~USTEE
See Pages __~_~~
Item
F. ESOLUTION 92-4?2 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF TH~
ABATIMEFf OF PUBIC NUISANCE BEING A PORTION OF SECTION 4, TOWNSHIP
SOUTH, JtAJ~E 29 EAST, OMNER OF RECORD - W. D. ROBERTS
Item elS&O (d)
J~FfXOg 02-473 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE
AB~TBSg~FT OF ~IC ~IS~CK ON LO~ 5 ~ 6, BL~K D, S~ T~I~I
September 8, 1992
HEIGHT~, Og~FKR OF RECORD - LAMRK~CK I:. JOYCE AND HELEN M. $OYCE
See Pages
Ite~
lq~SOLOT~OW 92-474 PROVIDINO FOR ASSKS~,MZRT OF LIEN FOR THE COST Or THE
'AB&TIMKIIT OF PUBLIC ROISA~CK ON LOT 18, PIRK GROVE SUBDIVISION,
IJ~JOKALKK, 0MNKR OF RXCORD - IMMOKALE~ LODGE NO. 59, F. & A.M.
See Pages ..____~ ~'~' &~
BJ:SOLUI~OII 92-475 PROVIDING FOR &SSKSSIqXNT OF LIEN FOR THE COST OF ~H~
&~IkTIBt~31T OIP PUBLIC NUISANCE OR LOT 88, THE CROSSINGS MILL RUN, OWRKR
See Pages
ZteuelSAS(g)
J~SOLUT~O~ 92-476 PROVIDING FOR ASSKSSMKNT or LIEN FOR THK COST or THE
ABATBIErr OF P~BLIC B~ISA~CE ON r~r 16, BL~ 32, ~CO B~
~, ~ ~ ~CO~ - ~-S~ CONS~U~IOR, INC.
See Pages
Xtmu #lmAS(h)
RR:SOLUTION 92-477 PROVIDING FOR &SSSS~f~T OF LIEN FOR TH~ COST OF THE
&B&TBMKIIT OF PUBLIC HUIS&NCK BKING A F~)RTION OF SKCTION 3, TOWNSHIP
47 SOUTH, IUI~GK 29 KA~T, OWRK~ OF R~CORD - ACHILLK FILS &ND RUBY FILS
See Pages ~.d ~
Item
RESOLUTIOBJ 92-478 ~ZDZIG ~R ~SKSS~ OF LZ~ FOR
~~ ~ ~C ~S~ ON L~ 21, BL~ 191, GOLD~
6, ~ ~ ~ - VIeR COSTA
See Pages
JI:I:SOLUTIOBI 92-479 PROVIDING FOR ASSKSSlqKRT OF LIEN FOR THE COST OF THE
ABA~OJ' FUBT.,ZC NUIS,LRCK 0N LOT 17, BLOCK 24, GOLDK~ GATE, UNIT 2,
OMMI:RO~RECO~D- C. M. B31TKJtPRIS~S OF NAPLKS, INC.
See Pages
Ite~ #16AS(k)
92-480 PROVIDIN~ FOR ASSESSMENT OF LIEN FOR THE COST OF TH~
OF FUBLIC NUISANCE ON LOT 18, BLOCK 24, GOLDEN GATE, UNIT
OF RECORD - C. M. ENTERPRISES OF NAPLES, INC.
See Pages
Page 22
September 8, 1992
PROVIDING FOR ASSES.%l~ENT OF LIEN FOR THE COST OF THE
AB~TI~FFO~FUBLIC NUISANC~ ON LOT 2, BLOCK 7, UNIT 1, NAPLES MANOR,
Eo R. BRUST AND MAR'! L. BRUST
See Pages
I~E~2FTI~ 92-482 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF TI~
AB~I1M~rI OF FUBLZC NUISANCE BEING A PORTION 0F SECTION 4, TONNSHIP 47
~KFrN, ~ 29 EAST, OWNER OF P~ECORD - MATEO AYALA AND NORA AYALA
SeePages_,
Itea #16~5(n)
92-483 PROVZDZNG FOR ASSESSMENT OF LZEN FOR THE COST OF THE
OF PUBLIC NUISANCE ON I,CFT 5, BLOC~ 54, NAPLES PA.R~
~BD~V~SIO~, UI~T NU. 4, ~ OF ~C0~ - NOEL M. ~LLI~
See Pages
xt~ple~a(o)
92-404 PROVIDING FOR ASSESSMENT OF LIEN FOR TI~ COST OF THE
PUBLIC NUISANCE ON LOT 10, BLOCK 40, UNIT 2, PART --
OWNER OF RECORD - NILKIN$ON-MEFFERT CONSTRUCTION COMPANY,
See Pages q/-- .~ ,
It~
~ESOE~T~O~ 92-485 PROVIDING FOR ASSESSI~NT OF LIEN FOR TH~ COST OF THE
AB~T~T OF PUBLIC NUISANCE ON LOT 9, BLOCK 40, UNIT 2, PART --
~ ~T~, ~ OF R~CORD - NILKINSON-MEFFERT CONSTRUCTION COMPANY,
INC.
See Pages .
Ires elSiO(q)
~t~OLUTIO~ 92-406 PROVIDING FOR ASSESSl~ENT OF LIEN FOR THE COST OF THE
AB~T~ENT OF PUBLZC NUISANCE ON LOT 8, BLOCK 40, UNIT 2, PART --
GOLD~ ~AT~, O~NER OF RECORD - WIL~INSON-MEFFERT CONSTRUCTION COMPANY,
INC.
Zt~#lSJLS(F)
ABAI'~T OF PUBLIC NUISANCE ON LOT 5, BLOCK 40, UNIT 2, PART --
~QT~, O~E]t OF RECORD - N~LEINSO~-MEF---~RT CONSTRUCTION COMPANY,
050P, . 52 Pag. 2.
September 8, 1992
92-488 PROVIDING FOR ASSESSM~XT OF LIEN FOR TH~ COST OF TH~
OF FUBLIC NUISANC~ ON LOT 5, BLOCK 239, MARCO BEACH UNIT 6,
PROVIDING FOX ASSES:3M~ OF LI~N FOR ~ COST OF ~
~IC ~IS~ ON L~ 54, BILL TOP ~DI~SION, ~ OF
~0~, ~. ~ DEB~ M. NI~O~S
See Pages /~/-- /~ A
/tZ~3LUTIO~I 92-4~ ~IDING ~R ~SKS~ OF LI~ ~R ~ COST OF ~
~~ ~ ~IC ~S~ ON L~ 80, ~ ~OSSIN~S, MILL R~, ~R
OF ~ - ~ ~Y ~ILD~, INC.
It~ #38AS(v)
J~SOLUTIOJf 92-491 PROVIDING FOR ASSESb"MXNT OF LIKN FOR THE COST OF THX
ABATe)lENT OF PUBLIC NUISANCE ON LOT lS, AND TH~ EAST ONE-HALF OF LOT
19, BLOCE ?, UNIT 1, NAPLES MANOR, OWNER OF RECORD - JOSE VINCENT
R~SOMrfION 92-492 PROVIDING FOR ASSESZMENT OF LIEN FOR TH~ COST OF THE
ABAT~NEBT OF FUBLIC NUISANCE ON LOT 227, PALMETTO DUNES GARDENS, LELY
COUIlTNYCLUB, OWl~3t OF RECORD - A. PAUL GREGG
lteu#lliS(x)
RES~LUTZ0~ 92-493 PROVIDING FOR ASSESZ14~NT OF LIKN FOR THE COST OF THE
ABATB~T OF PUBLIC NUISANCE BEING A PORTION OF SECTION 3, TOWNSHIP
47 SOUTI, RANG~ 29 EAST, 014NER OF RECORD - ACBILLE FILS AND RUBY FILS
See Pages /~)' ///
Item ~'16~(y)
KESOLUTION g2-494 ~IDIN~ ~R ~SKS~ OF LI~ ~R ~ COST OF ~
~~ ~ ~IC ~IS~CE ON L~ 6, BL~ 252, GOLD~ GA~, ~IT
~. T, ~ OF ~CO~ - ~ILL~ FI~OA ~ ~IA E. FI~OA
See Page. //_~ - / 13
It~B
KESOLUTIC~ 92-495 ~IDIN~ ~R ASSESS~ OF LI~ ~R ~ COST OF ~E
~~ ~ ~IC ~IS~CE ON L~ 8, BLOCK 122, ~CO B~ ~IT
1992
· OOJt, ~ O~ ~ - A~BZO)I-COL~ L&XD & LEASING, /NC,
Item ffl6Jk7 -- ~ To ~8A6
Item ~16B1 - Dlletld
Item ~2
~3OTZO~I OF ~ A~ ~R P~CEL 127 · T228 ~ ~~Cg
~lO ~ (~ATZON ~0~ R0. 65031)
~ C~ OLI~R JU(ERIC&R~ ACT COX~IULCT AJ(gRD~]IT
See Page~
137-
BUIX3ET ~ /~) COVER ~X~KCT~D ~XPEXDTTUR~S UNDER IrURD 17,
B~&LI~ AXD l~I~ I~Sq~lt&XCg, /q]~O~TGH SKPT~dBER 30, 1992
GROUP
~ ~~~, INC.
Zt~m ~lm
~ZD~ ~:~--1~:~0 ~ J~92-1946 AMARDED TO THE R~COt~D~END~D VEIIDORS ZR
UIIZT' ~MOO~T~ JL~D ~ ~fATED l~l' ~ EX~CUTZVE SUN~UtRY
Bl'D~-l~25 F~E T~E FROVZ$IO~ OF )~DICATZON8 FOR TI~ COU]~'~I' ~
~1'~'~~ TO S'UIlBL'LT H~DICAL SUPPLY IN TH~ ANOURT OY $15,439.50
September 8, 1992
ACCKFTAICE OF FORD MOTOR COMPANY'S DONATION OF $7,000 FOR TH~ PURCHASE
0FROBOTRIF~CS 'AMBULANCE A{rDY"
Item ,16H1 - Continued to 9/15/92
BID d~2-1928 FOR SEAMALL REPAIR ON THE RIGHT-OF-HAY OF NORTH BARFIWLD
DRIll, MARCO ISLAND, AMARDWD TO GARY~k]~ & GARLAND, INC. IN THK AMOUNT
OF $11,225.50
AFFROVAL 0Y CHAH~K 0RDKR #3 TO COWT]~CT NO. 91-2757 FOR TH~ MARCO
BEAUTIFICATION N.S.T.U. IN ~ AMOUNT OF $15,000
BID d~2-1927 FOR THK INSTALLATION OF BRICK PAVKRS AT VAWDKRBILT BKACH
PAI~AJiI~DKD TO ~T0~ I~~NG PAVING, INC. IN ~ ~ 0F
07,308
Item#l$I1
RESOLUTION NO. 92-497 RE-APFOIHTING CRAIG HOtL~ND AFD MICHAEL
TO THI DISTRICT WIGHT HEALTH COUNCIL, INC.
MISCKLLAIKOUS CORRESPONDENCE - YILED AND/OR REFEP,.RKD
The following miscellaneous correspondence as presented by the
Board of County Commissioners was filed and/or referred to the various
departments.
Page 26
September 8, 1992
There being no further busines~ for the Good of the County, the
meeting was adjourned by Order of ~he Chair - Time: 3:45 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S} OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
MICHAEL ~)VOLI~E, CHAIRMAN
or as corrected
Page 27