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BCC Minutes 04/02/1991 S Naples, Florida, April 2, 199! LET IT BE R~MEMBERED, 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 5:05 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 J. Volpe Richard S. Shanahah Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: Annette Guevin and Ellis Hoffman, Deputy Clerks; Nell Derrill, County Manager; Ron McLemore, Assistant County Manager; Jennifer Pike, Assistant to the County Manager; Marjorie Student, Assistant County Attorney; Oeorge Archibald, Transportation Services Ad~lnistrator~ Frank Brutt, Community Development Administrator; Jay Reardon, Emergency Services Administrator; Russell Shreeve, Housing ·nd Urban Improvement Director; Philip Schell, Planner; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomltnson, Sherlff's Office. Page 1 APRIL 2, 1991 PETITION ZO-89-13, COMMUNITY DEVELOPMENT SERVICES DIVISION ~UESTZNQ ~ ~ TO ~ COLLIER CO~ ZONING O~IN~C~ 82-2, ~ZNG V~Z~ 8E~ZO~ OF ~ ZONZNG 0RDZN~CE TO ALLO~ FOR GRO~ HOUSING ~ ~T CONG~GA~ LIVING FACILITIES AS A PEtITTED PRZNCZP~ USE OR A ~l~ ~O~SZON~ USE ~ TO DELETE CERTAIN TE~INOLOGY - FZN~ ~LIC ~IX~ TO BE HELD ON 4/~6/91 Legal notice having been published ~n the Naples Daily News on March 25, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-89-13, filed by Co~ty Development Services Division, requesting an amend- ment to various sections of the Zoning Ordinance to allow for Group Housing and Adult Congregate Living facilities. Planner 8cheff Informed that Petition Z0-89-13 was prev~ously heard by the Board In July, 1989. Since that time, he said, changes have been made to satisfy FlorIda's State requirements as well as retirements of the Federal Fair Housing Act. He no~ed the changes Include addition of ~F-~6 and RT zoning dtstr~cts to allow these t~es of facilities as permitted principal uses. He explained ~hese facilities are proposed for lesser ~ntene~ve residential group homes such as foster care facilities and adult congregate living facilities. He added residential treatment for the mentally retarded ~s proposed for the lower Intensity residential districts such as RSF zoning dtstr~cts. He noted ~n the Golden Gate Estates District, ~hese uses are proposed on a Provisional Use (PU) bas~s, based on the neigh- borhood activity nodes. He also mentioned that group homes of a h~gher ~nten~ty such as spouse abuse shelters, hospices and drug rehabilitation programs are being proposed as permitted uses ~n the co~erc~al zoning districts and as PU's in the higher ~n~enstty resi- dential zoning dtstr~cts. Co~eeloner Vo~pe ~est~oned what the break potn~ is between h~gh and low ~ntens~tles? Plier Scheff referred to pages ~6 and ~ of the ordinance which provides definitions of the proposed facilities, Including the numbers of residents and units allowed ~n each. Pags 2 APRIL 2, 1991 'In anm~er to Commissioner Hasse, Planner Schell explained the basic changes in the ordinance are the add/t/on of RMF-16 and RT zoning districts as well as separation requirements for group homes required by State statutes. He mentioned another change is the de/e- t~on of Category III. Commissioner Volpe asked what will be allowed as a permitted prin- c~pal use in single family residential neighborhoods? Planner Schell replied family care facilities composed of six residents or less will be allowed. Commissioner Volpe Inquired what will be allowed within PUD~s? Planner Schell responded that within a PUD any of the uses proposed will be allowed, subject to the separation requirements. He noted, however, there are no separation requirements for Care Units or nursing homes. In answer to Commissioner Shanahan, Planner Schell stated that it was felt that the changes to the ordinance are not significant enough to necessitate being reheard by the CCPC. Planner Schell explained In answer to a question posed by Commissioner Hasss, that Category I Group Care Facilities, consisting of seven to fourteen residents would only be allowed In a residential single family district as a PU, after approval by the Board of Zoning Appeals. He stated Category II Group Care Facilities, which are more ~ntsnslve, w~ll not be allowed tn those zoning districts. He added in the Estates d~strlct, both categories will be allowed as PUts, after Board approval. Co~aa~one~ Sh~n~ ~oved, seconded by Co~-issionsr H~se and ca~edunan~u~ly, to close the public hearing. Commissioner Goodnight noted the final public hearing for Petition Z0-89-13 will be held on April 16, 1991, at 5:05 P.M. F~A~]LK~LITYItEPORTAND I~COP~ENDATIONS ON ALTERNATE ACCESS IMI~tO~M~T~ BETN~EN THE GOLDEN 9ATE ESTATES AND THE NAPLES URBAN AR~A FOLLOWI~9 COMPLETION OF 1-75 - STAFF TO MAKE IMPROVEMENTS TO 52ND AVENU~ AND NILLEIt ROAD; URGE STATE TO KEEP JANES SCENIC DRIVE OPEN IN ~ Z~]~Mj CONDUCT STUDY AND RETURN RE FRONTAGE ROAD Transportation Services Administrator Archibald reminded the Board that Staff was directed to look Into the feasibility, cost and time to ~ ~ .... ~ Page 3 APRIL 2, 1991 construct an Interchange at I-?~ and Golden Gate Boulevard. He noted scarf has prepared a report and received information from the Florida Department of Transportation (FDOT) pursuant to that direction. In summary, he said, construction of that Interchange Is projected to take up to nine years based on reports from FDOT, and the cost is estimated at approximately $6.9 million. He advised Staff has concluded that the Interchange as a possible immediate solution is not feasible and has outlined other Improvements that Collier County has done and a few to be considered at this meeting. He reported In addi- tion to an alternate access, Staff has investigated extending roadways from the C.R. 951 corridor in an attempt to connect Golden Gate Estates to C.R. 951 via collector roads. He noted some of the optional routes looked into Include a frontage road concept extending on sither the north or south side of I-7~, extendin9 from Boulevard. He indicated that concept Is more feasible, however, the area Is environmentally sensitive and the Impacts of such a proposal would have to be mitigated, which will be costly. He mentioned another possible location for an east/west collector route Is Branticy-Keens Road if It were to be extended to the east. He stated there is the same concern for the environment and endangered species in that area. He reported that either of the aforementioned concepts would Involve a preliminary survey to determine the possible routes and an environmental audit to determine what the lapacts would be, along with some additional studies to determine costs and timeframes for construction and a determination of the ultimate use of that road. :He asserted none of the alternatives are short-term solutions, however, Staff has Identified two minor Improvements that can be done lm~ediately. He stated converting 62nd Avenue to a paved surface will provide a connection from Miller Boulevard to Everglades Boulevard. He cited upgrading Miller Road Extension, which ta an Important access between U.S. 41 and the southern Estates, is another Interim improve- ment to be considered. He noted both roadways can be Improved for approximately $95,500 and $70,000 respectively. He concluded If those APRIL 2, 1991 projects are approved, they should be started Immediately before the rainy season begins. Commissioner Goodnight commented on the various road extensions that have not been approved and the closing of Janes Scenic Drive, all due to environmental sensitivity. She declared her main concern is to enable people to have access to get out of their residences during an emergency. She said if a fire developed across I-?§, they will have no way to get out except through the fire. She said a compromise is needed between the concern for the environment and the health, safety and welfare of the residents living in that area. She also encouraged the Board to take action to use part of the sales tax to purchase environmentally sensitive lands. She suggested that the Board con- sider purchasing the part of the southern Estates that has been iden- tified for purchase by the State as environmentally sensitive lands so the o~ners wall not be held An limbo any further. Commissioner Volpe questioned if the proposed interim improvements to 52rid Avenue and Miller Boulevard will improve emergency access, to which Transportation Services Administrator Archibald replied in the affirmative. Commissioner Volpe inquired if the County has the ability to uti- lize GAC Land Trust funds for the Improvements? Mr. Archibald reported the trust monies have always been reserved for use on Improving existing roads. He informed since the extension of Miller Boulevard will be for a different purpose and serve a much larger area, it may give credence to using a gas tax revenue source for funding. He proposed deferring a portion of the C.R. 846 project east of Xmmokalee in order to gain access to gas tax revenues. Commissioner Volpe asked if there are statistics available to Indicate the number of residents in the affected area? ~ay Reardon, Emergency Services Administrator, advised the data available from the Forestr~ Division, the Sheriff's Office and the Ochopae Fire District indicates there are slightly over 100 residen- tial structures south of Alligator Alley, which may not Include some Page APRIL 2, 1991 of the bordering areas protected by the East Naples or Golden Gate Fire Districts. He stated the Ochopee Fire District. over the past three years, has received 156 emergency requests broken down into five structure fires, four auto accidents, two auto fires, 110 brush fires, The following people aired their concerns with the lack of access aea result of 1-75 expansion, stating: the proposed Miller Boulevard extension wll! create access to nowhere; the only productive alter- native is the 1-75 frontage road concept; any m~tigation requirements necessary because of that road may be resolved through restoration in the southern Golden Gate Estates area; an emergency services facility should be created along 1-75 due to the length of travel and response times to gain medical treatment= residents are asking for the same consideration given to animals in the area~ going to the beach and parks is a luxury due to the cost of gas for the extra miles that are traveled to town; the people in the Estates previously had access points but they have been taken away; federal fund8 have previously been set aside for this project and someone should look into where these funds went~ and the original deeds from Gulf Land to the State .of Florida reserved the right of access to that facility and there- fore, the quit claim deed has been violated: .Mike Slayton Dr. Robert Young David Addison Gary Beardsley Edward Brewer Kim Dryden Chris Durfey David Cutlibertson seeDep~t~ Olerk Hoffman replaced Deputy Clerk ~uevin at this ti~aesee Mr. Ken Norton, representing Digger Development Corporation, etated that the extension of Miller Road would be a viable solution to the problem, and noted that he is offering his services to clean up the trash at an extremely low cost; furnish the equipment for the pla- cement of the four culverts; and do the grader work to smooth off the pot holes. He stated that he is willing to use his trucks at an extremely reduced rate in order to cover his man hours and fuel. He Indicated that he believes that the project could be completed in ten weeks. He e~lained that his company is a small business but believes Page 6 APRIL 2, 1991 ' · .: tthts would be an excellent opportunity to establish his firm with the County and if he is the l~w bidder for future County projects, his track record would already be established. Coe~teeloner Saunders ~mved, seconded by Centseisner Goodnight, to dl~t St&££ to ~ake the inprovwnents to 52nd Avenue and Nlller Rosd, utilizing the services of [an Norton and others; urge the State to k~op Jgn~o S~enic Drive op~n in the interin; and that a study be L-oz~h~to determine what would be involved for a frontage road and z~p~ he~k to the Comalesion relative to es-e. Transportation Services Administrator Archibald related that the frontage road concept is one that staff looked into a number of years ago and one that is preferred. He pointed out that there is large construction dollars involved as well as large mitigation dollars. He :~:[;.';tndtcated that he believes that a feasibility study to address this issue is appropriate. Upon--cull for the question, the notion carried unanlBou~ly. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: ?:15 P.N. ..,. as presented BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/BX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL These hi te8 approved by the Board on ~// or as corrected o8 Page 7