BCC Minutes 05/08/1991 S Naples, Florida, May 8, 1991
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also aclin($ 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 6:30 P.M. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Patricia Anne Goodnight
VICE-CHAIRMAN: Michael 3. Volpe
Richard S. Shanahan
Max A. Hasse, Jr.
Burr L. Saunders
ALSO PRESENT: Annette Guevtn and Wanda Arrighi, Deputy Clerks;
Netl Dotrill, County Manager; Tom Olliff, Assistant to the County
Manager; Ken Cuyler, County Attorney; Mark Lawson, Assistant County
Attorney; Marjorie Student, Assistant County Attorney; Frank Brutt,
O0~munity Development Administrator; Mike Arnold, Utilities
Administrator; Fred Bloetscher, Assistant Utilities Administrator;
Mike Newman, Water Director; Martha Skinner, Social Services Director;
Chahram Badamtchian and Michelle Edwards, Planners; and Deputy Byron
Toml~nson, Sheriff's Office.
Page
May 8, 1991
Ite~a#$B
PETITION Z0-90-21, R~COMMENDATION TO AMEND ORDINANCE 82-2, SECTION
9.9, TO PROVIDE HEIGHT, LIGHTING AND NOISE REGULATIONS FOR N~W
D~ELOFMENT ANOUND COLLIER COUNTY AIRPORTS AND TO PROVIDE NOTICE OF
POTENTIAL NOISE IMPACTS FOR PROPERTIES WITHIN THE ESTABLISHED NAPLES
AIRPORT NOISE ZONES - CONTINUED TO MAY 22, 1991, FOR SECOND PUBLIC
HEARING
Legal notice having been published in the Naples Dally News on
April 30, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition ZO-90-1, a
recommendation to amend Ordinance 82-2, Section 9.9, regarding
Airports.
Michelle Edwards, Planning Services, presented Petition Z0-90-21,
a recommendation to amend Section 9.9 of the Collier County Zoning
Ordlnance, which affects the height and lighting limitations on land
uses around airports in Collier County. She said this ordinance is
also introducing a new section which establishes a noise zone around
the Naples Municipal Airport and sets forth sound-proofing require-
ments for residences developing within the established noise zone.
She stated the first part of the ordinance contains definitions of
aviation terms not included in the current Zoning Ordinance. She men-
tioned airspace height limitations which are being required for
building heights in and around the airports in Collier County, as well
as maps which depict the actual boundaries of the various zones. She
stated the ordinance also requires all development proposals within
the unincorporated part of Collier County around the Naples Municipal
Airport which includes construction over 200 feet above ground level,
be submitted to the Naples Airport Authority for review and input.
In answer to Commissioner Volpe, Planner Edwards stated the zones
restrict landfills or anything that might produce glare or smoke which
would interfere with incoming aircrafts.
Planner Edwards continued, stating the second part of the ordi-
nance deals with establishing an airport noise zone, as required by
the FLUE of the Growth Management Plan. She said Staff has worked
wlth the City of Naples, the Naples Airport Authority, the Florida
Page 2
May 8, 1991
Department of Transportation's (FDOT) Aviation Bureau and various
ordinances from other communities to develop this section of the ordi-
nance.
Commissioner Volpe questioned who will monitor enforcement of the
ordinance? Ms. Edwards responded Community Development Services will
review proposals for development within the noise zone to ensure they
will meet the sound level reduction requirements specified in the
ordinance. She added that a notice will be recorded in the public
records stating there is potential noise impact within the established
noise zones. She said the maps will also be recorded identifying the
zones, as well as the legal descriptions of the zones. As a courtesy,
she said, Staff will provide the maps and legal description of the
zones to the Bar Association and the Board of Realtors.
Commissioner Hasse asked what impact will the new regulations have
on existing buildings which may not be sufficiently insulated against
noise? Ms. Edwards replied this amendment provides an update to the
height requirements which have already been established. With regard
to noise, she said the regulations will be imposed only on residential
properties requesting improvements, and only the improvements must
meet the sound-proofing requirements.
Ms. Edwards explained changes to the amendment recommended by the
COPC at its May 2, 1991, hearing, stating the changes were made for
clarification of the language.
John Reed, Florida Regional Representative for Aircraft Owners
and Pilots Association and Chairman of the Florida Airspace
Utilization Committee, stated both groups have thoroughly reviewed the
proposed ordinance and wholeheartedly support it.
County Manager Dotrill noted the greatest impacted area for the
Naples Municipal Airport seems to be in unincorporated Collier County,
and it seems that the County is more worried about heights in predo-
minantly industrial and commercial areas as opposed to the City areas.
A1 Roberts, Aviation Specialist with FDOT, explained the
"footprint" design is a product of the compute~ and is a combination
Page 3
May 8, 1991
of number of operations programmed in the future, the prevailing
weather which generates where the traffic will take off and land to,
and to a certain extent with Naples Municipal Airport, the operational
restrictions that noise problems have caused. Therefore, he said,
since aircraft operations generally flow in one direction, the sound
product will also flow in that direct/on.
David Borden stated he is representing the Halstart Partnership
who are the developers of the Grey Oaks project. He indicated the
Grey Oaks project has a quadrant which is affected by this ordinance.
He explained that any parcels that fall partly within the noise zone
are considered as being completely within that zone. He communicated
his understanding that if a building permit or a subdivision master
plan is requested, application of this ordinance will not occur on the
areas and buildings that are placed outside of the legally described
area, to which Ms. Edwards concurred.
In answer to Mr. Borden, Ms. Edwards stated the suggestions made
by him at the CCPC meeting with regard to clarification of interior
walls have been incorporated into the proposed amendment.
Co~/sltoner Shanahan moved, seconded by Commissioner Hasse and
c~ri~ unanilousl~, to close the public hearing.
It was noted that the second public hearing for this item will
held on May 22, 1991, at 6:30 P.M.
R~SOLI2TION 91-S74 R~ PETITION PU-90-33, MICHAEL ARNOLD OF COLLIER
¢OUNT~ ~TILITIES DIVISION, REPRESENTING COLLIER COUNTY BOARD OF
COUNT~ COMMISSIONERS, REQUESTING PROVISIONAL USE "b" OF SECTION 8.10,
ESSE]ITIAL SERVICES, TO ALLOW CONSTRUCTION OF A WATER TREATMENT PLANT
ON THE NORTH SIDE OF 8TH A~ENUE N.W., EAST OF C.R. 951 AND VANDERBILT
BKA~ ROAD - ADOPTED
County Attorney Cuyler noted that this public hearing is a con-
tinuation of the item begun on April 23, 1991.
Chahram Badamtchtan, Planning Services, presented Petition
PU-90-33, Michael Arnold of Collier County Utilities Division, repre-
senting Collier County Board of County Commissioners, requesting
Provisional Use "b" of Section 8.10, Essential Services, to allow
Page 4
May 8, 199~
construction of a water treatment plant for property located on the
north side of 8th Avenue N.W. approximately 3,000 feet east of the
C.R. 951 and Vanderbilt Beach Road intersection, in Section 35,
Township 48 South, Range 26 East, cons/sting of 20.3 acres. He
concluded the CCPC recommended approval of Petition PU-90-33.
Mike Arnold, Utilities Administrator, mentioned this is the fourth
public hearing on this item. He pointed out that Staff is attempting
to do everything possible to make the proposed plant as unobtrusive a
neighbor as possible. He indicated his hope that his presentation
will provide assurances to the residents about their concerns and
complaints. He summarized the key issues, including location of the
plant, as well as noise, odor control, aesthetics, buffering, access
for construction and safety issues. He highlighted the concern of
neighbors that the deep well, which is used for in3ection of the
reject water from the plant, may possibly contaminate surrounding
domestic and agricultural wells. He stated that is not the case,
explaining the wells are drilled to a depth of 3,000 feet, which is
far below any other existing users in the area. He also noted the
construction standards for those types of wells are among the most
stringent he has ever seen, and the permitting process itself takes
almost one year before the State environmental regulations can be
satisfied to ensure there is no opportunity whatsoever for any adverse
affects to happen to the well.
Mr. Arnold continued, stating Staff is proposing the plant to be
held to 55 decibels, measured at the property lines. He informed that
Mr. Tanner, a sound expert, took measurements and found the highest
dectbel at any per/meter of the site to be approximately 51 decibels.
He noted those decibel readings did not take into account additional
steps which have been taken in terms of sound-proofing. He explained
the design proposes to house all noise generating equipment in noise-
suppressed buildings.
In answer to Commissioner Saunders, Mr. Arnold explained that an
average air conditioner outside of a home runs in the range of the
Page 5
May 8, 1991
60-65 decibels.
In response to a question by Commissioner Hasse concerning access
to the site for construction purposes, Mr. Arnold indicated the pro-
posed Weber Boulevard access was reviewed by Transportation Services
Administrator Archibald who feels that route Is appropriate. He said
once construction is finished, the plant will have a minimal impact in
terms of the trips generated per day. He communicated that the
Sheriff has agreed to Staff's proposal of a contract to employ off-
duty deputies during those times of the day when school children will
be walking along the road. He also mentioned that construction of a
temporary road to avoid use of Weber Boulevard would cost an estimated
$50,000-100,000, however, there is no existing legal access or right-
of-way for the County to construct such a road.
In answer to Commissioner Shanahah, Mr. Arnold stated the CCPC
suggested the noise levels at any point around the perimeter of the
s~te be l~mited to 25 decibels, which is virtually impossible to
achieve. He referred to Mr. Tanner's report, which he entered into
the record. (Copy on file with the Clerk to the Board.)
In response to a question by Commissioner Saunders, Mr. Paul
Bowden w~th Boyle Engineering, stated the sound levels at the peri-
meter of the property line, with the plant in operation, will not be
~n excess of the current background levels without the plant. He
explained that Mr. Tanner took readings at a similar plant in Cape
Coral and estimated the numbers at the plant boundary.
Mr. Arnold continued with the next issue, odor control. He
informed that Staff is proposing to install a hydrogen sulfide control
system to be equipped with state-of-the-art scrubbers. He said upon
completion of construction of that system, and concurrent with plant
start-up, Staff will take measurements at the property lines to test
the effectiveness of the equipment. He stated if the equipment is not
sufficient, the County would be required to take remedial steps to
meet a recommended threshold at the property line of one tenth of a
part per mill/on of concentration in the air. He said they also pro-
Page 6
May 8, 1991
pose to incorporate a continuous monitoring of the odor control system
into the plant's computerized control system, so that any malfunction
would be immediately known to the operators for repair.
Mr. Bowden answered Commissioner Shanahan by explaining that
according to the Environmental Protection Agency (EPA) manual, there
will be no discernible odor at the threshold being recommended. He
also called attention to the safety procedures which will be insti-
tuted with regard to the necessary chemica]s at the plant site, indi-
cating they will be stored in a bulk storage tank inside a containment
area consisting of concrete walls and slab. He said there will also
be leak detection equipment, consisting of a vacuum system which will
not allow gas to escape.
Mr. Arnold stated another issue is the height of the storage tanks
which are proposed to be approximately 160 feet in diameter and 65
fe.t high at the top of domes. He said the tanks will be located at
the center of the site to take advantage of buffering provided by
surrounding trees which reach 50-60 feet in height. He also noted
the future expansion of the plant to its 20-milllon gallon per day
capacity will not result in the building being expanded, as the only
additional construction will be the second tank. He referred to an
exhibit which he stated showed what the proposed plant will look like
from 8th Avenue N.W. He said a wall matching the architectural treat-
ment of the building will be constructed surrounded by landscape buf-
fering. He noted there must be security fencing around the remainder
. of the plant site for liability reasons as well as for the safety of
the plant operators.
In answer to Commissioner Shanahah, Mr. Arnold stated the chain
link fencing will be located far enough back on the site so as not to
be visible from 8th Avenue N.W.
Mr. Bender spoke for area residents in opposition to the petition
for the following reasons: their desire to have the plant relocated;
safety issues regarding children walking on Weber Boulevard during
healy construction traffic; safety and health concerns associated with
May 8, 1991
hazardous chemicals being transported through a residential area;
there will be no buffering between the plant site and the reslden-
ttally zoned area; and trees and shrubs have little or no affect on
noise abatement.
Tim Curran, Managing Engineer for the Ft. Myers Office of Boyle
Engineering, addressed the concerns regarding the use of chlorine at
the plant. He stated the plant will be operated 24-hours per day and
will have state-of-the-art safety features. He noted all requirements
by regulatory agencies have been met or exceeded. He informed that
accidents Involving chlorine gas were historically operational and
have virtually been eliminated by the advent of the all vacuum system,
which this plant will be utilizing. He mentioned the Environmental
Protection Agency (EPA) draft report which Mr. Bender provided to the
Board regarding the Cape Coral plant. (Copy on file with the Clerk to
the Board. ) He said EPA's concern was not to dispute the safety of
the design of the gas feeding equipment or the facilities in place,
rather it addressed concerns with the potential of 21 such facilities
within the city of Cape Coral. He stated that alone increases the
potential for an accident. He advised the EPA did not recommend that
the city retrofit their existing water plant and wastewater plants,
which are located in residential areas and next to schools.
Mr. Gutran next addressed the options of alternative chemicals to
chlorine, stating it would cost approximately five times the gas feed
system. He explained the sodium hypochlortde which is commercially
available in this part of the country is only 10~ active chemical,
therefore, the County would be paying for the transportation of nine
times the volume of liquid that will actually be used.
$s De1~uty Clerk Arright replaced Deputy Clerk auevtn at this time ~=
Water Director Mike Newman advised that every operator working for
the County in the Water or Waste Water Departments are trained to
handle any type of chlorine leak.
Commissioner Hasse expressed concern regarding the comment made
Page 8
Nay 8, 1991
' that there is a danger zone within ten miles of the plant. Mr. Newman
.;.~ explained that this would be true if no one responded to a leak;
however, the County's facilities are manned 24 hours a day and ? days
-, a week with qualified personnel who are prepared at all time to deal
;:~. with this kind of emergency.
.:~F In response to Commissioner Shanahan, Mr. Newman described that
the chlorine cylinders are transported to the plant on a flatbed truck
from Tampa and are removed from the truck by special equipment and
~ . placed in a chalk block area. He explained to Commissioner Hasse that
the cylinders are kept shaded because gas will expand if left in the
heat; however, there are fusable plugs which will prevent a complete
rupture and allow time to make necessary repairs to the cylinder and
have it removed.
The following speakers spoke in opposition to Petition No.
PU~90.33:
Tell Ann Gatdiner
Carol Mastno
Teresa Semcer
Gary Ttedemann
Maria M. Tledeman
Barbara Gatdiner
Jeanne M. Dake
Joan D. Mazzocchl
Pete Mazzocchi
Sandra Jurek
John Latal
Margaret Bender
Aaron Gardiner
Toni L. Martin-Williams
Ed Semcer
Lanette K. Ohm
Ronald Bender
Carol Fell
Georgia L. McKtnney, representing the Golden Gate Estates
Area Civic Assoclation
Ed Carlson
George Keller, President of C~11~er County Civic Federation
Jerry Prtmus
Robert Walker, Jr.
Anne Ross
The following reasons were given by the above speakers who spoke
in opposition: The dangerous chemicals and toxic gases involved in
the operation of the plant; the possibility of local water con-
tamination from chemical spills; air pollution; the bad odor and noise
OOOP~¢-'~ 11 Page 9
May 8, 1991
produced by the plant; residents of the area where the plant will be
constructed will not benefit from the water; the plant should be
located in the area that benefits from it; the treatment plant is too
close to the res~dential property lines; alternate sites that are less
residential in nature and larger in acreage should be considered; con-
cerns about the increase in truck traffic and overall traffic during
the construction period of the plant which poses a danger to the
children walking along the road to school as' well as the deterioration
of the roads; the traffic impact on Weber Avenue which is a no-outlet
street and the potential safety hazard; the danger to the children
during the installation of the pipes to the plant; the danger of
potential fire resulting from the plant; potential personal health
problems the plant will cause; the detriment to the land; safety for
the people living behind where the proposed plant is to be constructed
because in the case of a chlorine leak there would be no way for these
people to evacuate without having to go directly by the plant; how
will the people be notified in case of a chlorine leak; an industrial
operation is being imposed on a residential neighborhood which is
wrong; the residents of this area should have been notified and
informed that the Oounty was planning for this treatment plant to be
located on the subject site before the condemnation of land was made;
and there are no guarantees that something will not go wrong as it did
at the Lely treatment facility.
The following speaker spoke in favor of Petition No. PU-90-33:
Don Pickworth, representing the owners of the property
condemned for the treatment plant
Bill Barton
Chester Dobeck
John Keschl
The following reasons were given by the above speakers who spoke
in favor of Petition No. PU-90-33: The plant should be built wlth the
proper stipulations and conditions imposed on it in regards to noise,
odor, landscaping, etc. so it will be a good neighbor (stipulations
presented to the Board, not provided for the record); the treatment
plante are not as they are perceived in that they are not noisy nor do
Page 10
Hay 8,
they produce an odor, and chlorine gas is used all over the County;
chlorine gas is a safe, efficient, economical mechanism for disinfec-
ting; another treatment plant built in the County approximately nine
years ago, which was also strongly opposed to by the residents of the
area, has experienced no problems nor have there been any complaints;
and the Collier County government plans for only the best facilities
in the County.
In response to some of the accusations against the subject loca-
tion of the treatment plant, Mr. Arnold noted that the County is
taking all the steps possible to address the potential hazards which
are minimal, and the fire department in the subject area has planned
for this treatment plant and has prepared an evacuation route if the
need becomes necessary. He advised that in regards to the roads
affected, once the plant is completed both Weber and 8th Avenues will
be resurfaced. He cited that the Lely facility is being redesigned to
include the desi~ning of the proposed facility.
Commissioner Goodnight clarified that all associated costs
involved with the construction of the treatment plant including the
resurfacing of the road will be paid from the water and sewer district
users through impact fees.
Commissioner Hasse pointed out that should a resident in Golden
Gate Estates want to be connected to the treatment plant they could do
so, and added that they would pay the same impact fee and assessment
that the people are paying that are being connected in the northern
areas of the County.
County Attorney Cuyler explained that the County did a quick take
buy for the property and applied the good faith appraisal into the
court registry. He confirmed that the County does hold the title to
the property.
Commissioner Goodnight commented that she is concerned about the
traffic which will be generated by the construction of the facility
and stated that she does not feel this is a good location for the
facility, and it should be placed elsewhere.
ooo,,
Page 11
Nay 8, 1991
c~-~t~.~t~:nl~l¥, tl~t the public hearing be cloeed.
· s At thtl ti~ D~puty Clerk ~u~vin replaced Deputy Clerk Arright *'
Commissioner Volpe mentioned that much discussion has occurred
regarding the site location.
Mr. Arnold informed that the general looation of the plant site
was identified in 1989, after which a resolution was adopted approving
the investigation of several different sites with this one chosen as
.the best opportunity.
Commissioner Volpe ~ndicated his concern with the safety of
children in the area. He asked if Weber Boulevard will be built to
County standards when it is improved?
Mr. Arnold stated Weber Boulevard is currently 20 feet wide and
Cottnty standards call for a roadway to be 24 feet in Width. He
cautioned that when Vanderbilt Beach Road Extension is completed by
either the Olde Florida Golf Course or the County, Weber Boulevard
will tie into it which classifies it as a minor collector road. He
said that will generate traffic which may be perceived as detrimental
to the neighborhood. He suggested, therefore, that Weber Boulevard be
expanded to County standards and include a sidewalk along that corri-
dor for the safety of children.
Commissioner Saunders asked what provisions have been made for the
possibility of forest fires in that area and if there will be a
aprinkier system in the plant? Mr. Bowden advised that fire hydrants
have been sit%ated throughout the site. He said a sprinkler system is
not required inside the plant.
Commissioner Saunders questioned if this item is approved with the
condition that the only access to the plant for construction and
operations will be from the extension of Vanderbilt Beach Road, what
doea that do to the current plans? Mr. Arnold indicated that con-
dition will add cost to the proposal, however, it will go a long way
to alleviate the concerns of the residents in the area.
In answer to Commissioner Saunders, Mr. Bowden stated if the tank
14
Page 12
May 8, 1991
heights are lowered to 35 feet from §6 feet, the diameter will expand
to approximately 210 feet, and will result in many more trees removed
from the site.
Commissioner Shanahan inquired if the site were moved, what delay
will occur regarding the water availability to the regional water
system? Mr. Arnold advised that will put the County into a building
moratorium situation in some locations.
Commissioner Saunders communicated that one of the major concerns
of many people is the possibility of a chlorine leak resulting in
harm to animals and humans. He asked if it would be possible to place
a sprinkler system in and around the chlorine tanks and the facilities
where chlorine is being transferred, which can be triggered by the
alarm being installed to detect possible leaks? Mr. Bowden indicated
that would be possible.
Mike Newman, Water Director, clarified that the sprinkler system
cannot be inside the chlorine storage area because water cannot be put
directly on chlorine. He said spray devices can be installed outside,
which will create a water curtain around the exterior of the building
automatically when set off by the alarm. He stated as the chlorine
moved into the falling water, it would be dragged directly to the
ground.
In answer to Commissioner Shanahah, Mr. Arnold stated the drilling
process for the deep well will take approximately two weeks to 30
days.
Commissioner Shanahan asked for a response to one of the speaker's
comments concerning the violation of her constitutional rights.
County Attorney Cuyler advised the public purpose and necessity has to
be established for that parcel of property through the eminent domain
proceeding. He said since title has transferred, it was a Judicial
determination that in fact, the public purpose and necessity were pre-
sent in that parcel for this use.
Co~sa/oller Volpe moved. seconded by Commissioner Shanahan and
C~ZTi~ 4/1 (Com~tssioner Goodnight opposed), to approve Petition
1991
1'~--90-3S-, subject to the stipulations submitted by Mr. Arnold dated
5/8/91 and with the additional stipulations that all traffic,
:? * ~lon amd operational, b~ brought from C.R. 951 along
V~ilt ~a~h ~d ~gtanston; that a sprinkler ~ystam in relation
to tla~.etera~ of chlorine be installed as described by Mr. Raw. an;
that etd~e~lk~ be constructed on the east side of Weber Boulevard froa
Gol~ ~te l$o~lev~rd through at leaat 7th Avenue N.W. In conjunction
thereby adopting Resolution 91-374.
Page 14
May 8, 1991
e$$ ~c~: 11:10 P.N. - Reconvened: 11:20 P.M. at which
t~ D~%~ Clerk Arrtghi replaced Deputy Clerk Guevin
~N~ ~~ es-96 - CO~I~.D T0 ~Y 22, 1991
Legal notice having been published in the Naples Daily Ne~s on
April 30, 1991, as evidenced by Affidavit o~ Publication flied with
the Olerk, public heartn~ was opened to consider an ordinance to be
~o~ as the Pa~ks and Recreational Facilities Impact Fee Ordinance
amending Ordinance 88-96.
~ounty Attorney Cuyler informed that this is the ~lrst of two
public hearings on this sub3ect.
Assist~t County Attorney Cronin informed that the two ma3or
items chan~ln~ O~dinance 88-96 are the merger of the districts and an
increase In ~ates. He explained that five of the seven districts will
be merged into one district, and pointed out on the display map the
bo~da~y of the combined districts. He advised that the current
impaot fee rate for the regional park impact fee is $144 per dwelling
~it which is scheduled to increase In October, 1991, to $146 per
dwellin~ unit, but at the time of adoption of the proposed amendment
the fee will Increase to $179 per dwellln~ unlt. He added that for
comity pa~ks the curment fee is $~78 per dwelling unit and the pro-
posed Increase will bring it to $399 per dwelltnu unit. He noted that
the Pl~nln~ Co~lssion did reco~ended their unanimous approval.
~esi~r S~ers ~ved, ~conded ~ Co~tssioner
c~ig mmly, that the ~bltc hearing ~ closed.
[tth t~ couems of the ~ard, the proceed Parks ~d
~N~tl~l l~ctllttes I~ct Fe~ Ordtn~ce ~endtng Ordtn~ce 88-96
S ~t/ ~ttl ~y 22, 1991.
~O~ 0~~ ~ING ~R ZONING ~OATION O~IN~C~,
~~ TO ~ STZ~D S~~ A~g~ BE~N T~ BO~ OF
C~~ ~. - CO~I~D TO ~Y 22, 1991
Legal notice having been published in the Naples Daily News on
April 30, 1991, as evidenced by Affidavit of Publication flied with
Page
May 8, 1991
the Clerk, public hearing was opened to consider an ordinance amending
Ordinance 90-23, the Zoning Reevaluatton Ordinance, pursuant to the
stipulated Settlement Agreement between the Board of County
Commissioners and James K. Kessler and the Ctttzen's Political
Gonunittee, Inc.
Commissioner Goodnight noted that this is the first of two public
hearing regarding this sub3ect.
Assistant County Attorney Student informed that the proposed
amendment to the Zoning Resvaluation Ordinance is the implementation
of the Settlement Agreement which the Board of County Commissioners
agreed upon in March, 1991. She informed that the proposed ordinance
will allow for expanded participation in the appeal to the Board of
County Commissioners for the compatibility exception determination of
the Growth Management Director as well as the hearing officer's deter-
mination of vested rights and the appeal of the decision of the Board
of County Commissioners to the Circuit Court. She added that the pro-
posed ordinance was approved unanimously by the Planning Commission.
Cos~tssionsr Shanahen sovsd, seconded by 0oamisstonsr Saunders and
¢~rte~d unani~o~sly, that the public hearing be closed.
Nith the consensus of the Board, the proposed ordinance amending
~ Zo~lz~ Ree~mluation Ordinance, pursuant to the stipulated
Settlement Aff~eemenT was continued until May 22, 1991.
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 11:30 P.M. /~.
..."¥: . .......
~ .~;. .','' ._.. ~ :, 6-
.. . .~t~t c'~: ' . . .',:,- .; ;~
~'. ~ .
as pre~nted or as corrected
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
PATR~CHAIRMAI;