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BCC Minutes 06/03/1992 SNaples, Florida, June 3, 1992 L~T iT BE RF. HEMBERED, 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) of such special districts as have been created according to law and having conducted business herein, met on this date at 5:05 P.M. in SPECX&L SESSXOI in Building "F" of the Ooverrment Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael 3. Volpe VICE-CHAIE~AN: Richard S. Shanahan Particle A. Goodnight Max A. Rases, Burr L. maunders ALSO PRI$1NT: Kathy Meyers. Ellis Hoffaan and Annette Ouevln. i Deputy Clerks; 3enntfar ~dwarda. Assistant to the County Manager; Ken Cu¥1er. County Attorney; MarJorte Student and Martha Howell. Assistant County Attorneys; Paul Brigham. Court Achatntstrator; John MadaJewski. Project Review Services Manager; Joe Magrt. Customer Services Manager; Barbara Cacchione. Chief Planner; Bryan Milk. Project Planner. Will,am ~oranz. Environmental Services Administrator; and Deputy 3im Waller. Page 1 J~ne 3, 1992 ~~]IIIATZON TO APPItOVg A~]IDI~NTS TO TI~ COLLIER COUJT~ LMID ~ COD~ - FXI~T PUBLIC HEARING COIITZNUED TO 6/17/92 The discussion regarding continuing this Item took place after the recess at ?:15 P.M., on Tape ,3. ComaA~loner Ha. as c~rl~ ~i~ly, to continue the ~te to the Collier C~W Legal notice having been published tn the Naples Daily News on Hay 28, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Hlllta~ Lorenz, Environmental Services Administrator, discussed that the Coastal Zone Management Plan is a response to various objectives and policies in the conservation of the Coastal Hanagement Element and is designed to provide further management and guidelines In the coastal area to protect and preserve our coastal resources. He Indi- cated that the current plan is not self-executing, but instead it pro- rides for a aeries of recommendations for programs and regulations that Staff will work on and bring back to the Board for separate approval and implementation. Hr. Lorenz referred to a memo dated June 2, 1992 and Its attach- =ants which relate to Issues arising from public conunent at the Nay 20, X992 public hearing. Hr. Lorenz discussed the two t~pes of costs: one for future moni- toring or operational programs, and the second for regnlationa for individual properties - which would be borne from Individual property o~ner8 or additional costs in terms of Staff to implement those regulations. He reiterated that these have not been drafted and will June 3, 1992 be brought back to the Board. He read from page one of the attach- ~ents and related the preliminary costs estimates. He noted on page two of the attachments that Staff recommends that these changes be specifically added to the Coastal Zone Management Plan. Mr. Lorenz noted that nowhere tn the Growth Management Plan does it state that there will be a Coastal Zone Management Plan, but it does provide for · number of objectives and policies that discuss an undeveloped coastal barrier beach management program, which the Coastal Zone Management Plan addresses. Mr. Lorenz referred to page 6 concerning changes tn sea level, and verified that the sea level has been rising, and the uncertainty how fast will it rise tn the future and by how much, and there ia no definite answer which is why it was not addressed In the Plan, ~ Other than, 'Staff will provide information to the public concerning ~,' . . this Issue." Mr. Lorenz asked that the Board recognize that the Plan serves as focal point for all the policies and regulations that the County and have concerning the development of the Coastal Zones. He stressed that certain policies are redundant, but they are required by · the State and confirm the State's position. Concerning shorebird protection, he confirmed that Staff's recom- mndation is to add a policy in that consideration should be given to ' the protection and preservation of bird feeding, nesting and resting areas that will be Impacted by dredge and fill activities, and that the tieing of dredge and fill activities shall be coordinated with bird and ssa turtle nesting behavior to mtntmlze Impacts, especially any threatened endangered species present. Mr. Lorenz noted that an additional component was added to Policy 3.13, which is 'E' on Page 9, as well as the following additions ~nd/or strikeouts: Page 9, Policy 3.23, Policy 3.24, and Policy 3.26. Referring to Page 11 concerning Hurricane Plans for Marinas, Mr. Lorenz reco~aended that the language be reviewed for the Conservation Page 3 June 3 lg92 thl Ooaetal Management Element and noted that Collier County :" Management Personnel are the individuals who will be reviewing these Plane. He recommended that an additional sentence be added to Policy 4.13 which would state: "The County shall adopt standards for the preparation of hurricane plans." Nr. Lorenz indicated that the standards would be adopted as part of an ordinance and provide the community with information. Referring to Page 12, Hr. Lorenz Indicated that a letter has been r®cetved from people In the Seagate Subdivision, concerning the Policy restricting their access to the Gulf of Mexico. Referring to Page 13, Mr. Lorenz suggested the language be removed and the following be inserted tn Its place tn ,3: "A no-wake ~arked passage shall be provided between Clam Pass and the Seagate Subdivision." Referring to Page 14 regarding Beach Access and Parking, Mr. ~°rens noted Recommend&eton 1.13. Concerning Page 16, regarding the 5~ limit of shore parallel Structures, Commissioner Shanahan co~nented that on Marco Island there have been problems with the number of structures, chlckee huts, etc. that clutter the beach, and mentioned that people cannot walk the b~&ch on any sort of straight line. He concurred that 5~ is not too ~eetrlcttve. Regarding Coamtal Habitat Protection as noted on Page 18. Mr. .Lorenz mentioned that the preservation standards for these particular able&ts ars addressed In the Orowth Hanagement Plan, and therefore the Coastal Zone Management Plan addresses them as well, since they exist within the Coastal Zone. He added that Staff ts also working on ~;' · Habitat Protection Ordinance. Regarding Seagrase Protection on Page 20, Mr. Lorenz expressed ~;{h&t when the Ordinance is drafted, land activities will have to be "ePeciflcmll¥ regulated with regard to protection of seagrasses, as there wtl! be a cause and effect of a particular land activity that will cause negative Impact on seagrass beds. II 000:, 05 Page 4 Regarding Policy 4.83 concerning Beach Nourishment Monitoring, Mr. Lorenz noted that It has been amended, with the intent to conform with e l,ttng p,r, it req irs,ent, and State requirement,. Regarding Policy 4.68 within the gxecuttve Summary, Page 31, con- cernlng Docking Facilities, Mr. Lorenz Indicated that there was dif- ficulty tn determining what a commercial project is, and he recommended that the language be amended to read: "All docking facilities except for individual residential lots shall not be sited in seagrass areas." Mr. Lorenz noted that by doing this it removes all reference to a commercial project, and the intent la to protect the seagrass facili- ties in larger projects where there la opportunity to move dock~ng facilities and avoid the seagrass areas. Martha Howell, Assistant County Attorney, spoke concerning ter- linology within the Plan. She advised that 'shall' indicates ~ itel ~1 ~andatory and tha~ Staff will draft ~ ordinance or resolution to adopt the reco~endatAon. She advised that wherever 'will' or '~a¥' is used in a recommendation, It will be changed to 'shall' Jeff Fridkin, residing at 5057 Seashell Avenue, and Dave Caldwell spoke concerning Policy 4.25 and Policy 4.26. Mr. Frldkin clarified that water quality Is enhanced by the con- nection between Venetian Bay and Clam Bay if the Pass should close again, because it will allow for flushing. Deputy Clerk Hell.an replaced Deput~y Clerk Meyers a thAe time eeo The following persons spoke with regard to the Coastal Zone Management Plan: Mr. Oary Beardsley Mo. Chris Straton ,~, Mr. BAll Branan Ma, Nancy Anne Payton Ma. Kim Dryden Mrs. Emily Maggie Mr. Scott Fr&nke Mrs. Barbara Cawley Dr. Jon Stalger ~"~[ 06 Mr. Whit Ward Mr. Glenn Simpson Mr. Garr~ Beyrent Mr. Richard Henderlong Page 5 June 3, 2992 Hr. 3ohn Lea Hr. Gary Lytton Hr. Hike Davte Ne, Susan #arts {Tape #4) Hr. Toe Redd I~. Michael Stephen Commissioner Saundere stated that there will be 50 or more po/t- Clea and staff will need to come back to the Commission with ordinan- ces to implement same. In addition, he indicated that staff will be advising the Commission as to the costs associated with the drafting of these ordinances and this will give the Board the opportunity to evaluate the costs to the community in terms of compliance. The following person spoke regarding this item: Dudley Goodlette ·nd c~T~edunanL~n~lF, to clo~e the public hearing. County Attorney Cuyler commented Assistant County Attorney Martha Howell will amend the sections where it is appropriate to replace references to "wi/l", "might" and "should", with the word "shall". He advised those changes do not change the fact that it ia at the Board's discretion to adopt or not adopt the document. Commissioner Saunders suggested the document prepared by Staff be considered a directive to Staff to prepare the appropriate ordinances tO ~apleaent the types of policies outlined tn the document. He indi- cated the document itself will not be a mandate to Staff in terms of the specific percentages. He said Staff should be directed to priori- tize the policies in the document and prior to drafting ordinances to Implement those policies, Staff should determine the cost tn terms of i'i:i 'S~&f~ time and consultants to develop the ordinances and also work with the community to determine the impacts on property owners and the costs to the community to comply with the proposed re~ulatione. He proposed once Staff has received sufficient public information, the ordinances should be brought back to the Board of County Commissioners for approval. ' . Page 6 Suns 3, ].992 to ~ ]~lutto~ 92-319, with the changes outlined by Staff ~abJe~t t~ ~ ~tt~ ~ directive a~, ~ with tho Nr. Lorenz asked for clarification if the motion ts for Staff to ~scert~tn the cost of the ordinance development and the general Impact on the comity, and to bring that Information back to the Board to r.cetve direction on whether to go forward ~ith ~he development that ordin~ce? Coutsstoner Sanders replied tn the a~flrmattve. Coutsstoner Volpe co~ented the public speakers have raised legl- ttsats concerns about the percentages that appear tn dtfferen~ places In these ~ldeltnes. He indicated he ~tll support ~he sotlon if the p~rcent~ges are eliminated. He explained public input ~111 be allo~ed ~rtng the drafting of the ordinances ~htch ~ill accomplish the thing. He said the Board ts trying to emphasize that the percentages a~e not being adop~ed tn the context of these ~tdeltnes ~d this dec.eat ts ~o be a ~agement plan. ~ ~late ~rm at t~ tl~ the ord/~ce is pr~. Co~lestoner Shanahan communicated he Is not satisfied with the ~ach r~lng issue. Coatsstoner Volpe suggested the lan~age be nors flexible In all~lng r~lng to a depth of two Inches, while preferring It be kept at one Inch provided tt accomplishes the purpose. Nr. Lorenz agreed to the above compromise. County Attorney Cuvier stated for clarification that changes will be made to the resolution concerning the percentages, the depth of Wiggins Pass. the shore parallel and beach raking. Commissioner Volpe noted the motion Includes the amended language concerning Seagate Subdivision. U~maem/2 ~ th~ quemtton, tim motion carried unanimously. Page 7 June 3, 1992 There being no further buaineeo for the Good of the County, the nearing wee adjourned by Order of the Chair - TAme: 9:25 BOARD OF COUNTY COMNISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIA~ DISTRICTS UNDER ITS CONTROL approved by the Board on or as corrected Page 8