Loading...
BCC Minutes 03/26/1991 R Naples, Florida, March 26, Z99~ LET IT BE REMEMBERED, that the Board of County Commissioners in ~tnd for the County of Collier, and also acting as the Board of Zoning Appee/i and as the governlag board{s) of such special districts as 'hive bien created according to law and having conducted business hert~, iet on this date at 9:00 A.M. in R~GULAR SISSION in Building WF" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Patricia Anne Goodn~ght VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahen Mu A. Hesse, Jr. Burr L. Saunders ALSO PRESENT: Jaaes C. Q~les. Clerk; John Yonkosk¥. F~nance Director; Wanda Arrlgh~, Annette Guevtn, and Ellis Hoffman, Deputy C~e=ke; Nell Dor=~ll, Coun~ Manage=; Ron HoLsters, Ass~s~an~ County M~age=; Tom Oll~ff. Asetstan~ to the County Manager; Ken Cuy]er, Co~y A~torne~; B~enda W~lson, Assistant Coun~ A~o~ney; Marjorie S~udent, Aee~t,n~ County A~torne~ Leo Orbs. Administrative Services A~n~st=a~o=; Russell Shreeve, Housing · Urban Improvemen~ Dire=tot; Barba=~ Cacch~one. Pro~ect Planner~ Barbara Prynosk~. Env~ronmen~a~ D~ck Clark, Code Enforcement Supervisor= Dave Per,row, Development ~e=v~cl. D~e=~o== John Madamewake. Pro]ec~ Review Services Manager ~ K~ BagSnike, Plying Services Manager= Bob Mu~here, Bob Lord, Bryan N~k, Wa~e Arnold, and Ray Bellows, Planners: Ca~he~lne Dah~s~rom, Sen~o~ Secreta~y~ and DepuTy B~ron Tomltneon, Shertff~s Off~ce. Page March 26, 1991 AI~:~IID&~ CONSENT AGENDA - APPROVED WITH CHANGES Commissioner $hanahan ~oved, seconded by Commissioner H~se and cazTAedunant~ousl¥, that the agenda and consent agenda be approved wit. h't,..~ folioacing changes: Item #6C2 - Petition SMP-90-39, Dwight Nadeau of William C. McAnly and Associates, Inc., representing John N. Brugger, Trustee, requesting Subdivision Master Plan approval for Wilshire Lakes for property located on the north side of Vanderbilt Beach Road - Continued to 4/23/91. (Requested by Petitioner). Item S8B - Robert Davenport regarding adequate public facili- ties - Withdrawn. (Requested by County Attorney). Item S9A1 - Recommendation for design review procedure within the Golden Gate Parkway Professional Office Commercial District - Continued to 4/2/91. (Requested by Staff). Item #9H4 - Recommendation that the Board of County Commissioners consider the use of Fund 00! Reserves for the advance funding to the Chamber of Commerce for the Naples By Days Program - Added. (Requested by Staff). 5e Item SlOA - Report to the Board concerning the use of an Independent Board of Zoning Appeals or a hearing officer for zoning and land use matters - To be heard at 1:00 P.M. 6e Item SlID - Resolution authorizing participation in the Florida local government finance commission pooled commercial paper loan program and authorizing a loan agreement to pro- vide interim financing for selected County road improvements' - To be heard at 3:30 P.M. Item #12B - Proposed Settlement of Case Nos. 90-8101GM and 90-4545GM - Added and to be heard at ll:00 A.M. (Requested by Commissioner Saunders). 8e Item #16D5 - Recommendation to increase the contract sum for Bid ~89-1385 - Withdrawn. (Requested by Staff}. 9e Item S16E1 Moved to S9E1 - Recommendation to have the Board of County Commissioners authorize the Chairman to execute a contract for architectural services with Wtnsor/Faricy Architects Inc., for the renovation of Building "B". Xram #3A CON~EMTAeEMDA - APPRO.VED AND/OR ADOpTeD The motion for approval of the Consent Agenda is noted under Item The motions for approval of ~he Clerk's Report are noted under Items #11Ai, #11A2, SLID, and Page 2 March 26~ 1991 Zte~ ~.',~ ~ Nl:~r'f~ 01~' ~ R~(iULA~ !,mrr'rNG~ O~ ~Y 22 ~ 29, 1991; ~P~CZ~ ~S 0~ J~Y 23 ~d 29, 1991; ~ ~ C~/CO~ NO~SHOP OF · ~ ~3r 1991 - ~O~D AS ~ESE~D Cmlsslone; 8h~ =oved, seconded by Co~isaloner Hasse ~d cvrt~ ~t=sly, thlt the ainutee of the re~lar .eetlngs of ~~ 22 ~ 29, 1991~ s~clal ~etin~. o~ ~ua~ 23 ~d 29, 1991~ ~ ~ CI~/C~ Not.hop of ~ua~ 23, 1991; ~ approval ~ pre- A~._~is ti~ Co~is~ioner ~oo~ight Introduced the first reining ~l~-~o Collier Co~ty, ~is Htlson, ~ho 1~ with the Air Force, First 8~i~ .~ratlon ~in~. Co~AssAoner Saunders presented a service award ~o ~he ~ol~o~Ang Collier Co~ty employee: Deborah P. O~futt - Probation - 10 years lt~-~5C ~~TION ~COGNIZIN~ ~ YORT ~RS ~-P~S5, ~ N~LES DAILY ~OU~ XN ~ATE[ CONSERVATION AS ~DXA ROLE NODELS XN D~~ OF A CIVIC C~ ~T EN~OYS ~ ~SPECTS O~ ~LDLI~ Upon rea~tng and presenting the proclamation to a representative from Fort Myers News-Press, the Naples Daily News and WEVU-TV, ComBAootono~ VOl~ moved, seconded by Conntseioner Haeea and carried ~ly, to ~dopt the proclmtton reco~izing the Fort ~er8 ~m,'~Maplmm Daily NM ~d ~-W for their contrl~tion h~~tsttton of a uJor bre~hrough In a ma~a consemtlon ~./a NIe ~ls in ~h~ d~elop~n~ of a civic al~re tha~ enJ~ ~ ~s m ~11dltfe heritage-. Page 3 .- Hatch 26, 199! PROCLAM&TION RECO~NIZZNQ THE LEADERSHIP AND CIVZC COOPE~ATION OF THE FLOF----D~N~ PATROL THAT IS DEMONSTI~ATED BY THEIR KEY ROLE IN THE DNVELOPM~NT OF MANAT~E ALERT AND ITS OFFICIAL AFTILIAT~D NETWOI~X ~ICH,.TO~ETHER, HAS ACHIEVED AN 80~ REDUCTION IN TIME OF RESPONSE FOR MANATE~ DISTRESS AND ~COVERY MISSIONS - ADOPTED Upon reading and presenting the proclamation, Co~mlee~oner H&eee ~e~,'~~ b~ComAse~one~ Shanahen and carried unanA~ousI¥, to ~=-~pt~c/~t~on recognizing the /eadereh~p and c~v~c coopera- ~tw~rkwhich, to~ether, has achieved an 80~ reduction 2n time of Page 4 Narch 26, 1991 Ite~ ~pon reading and presenting the proclamation, ~ ~, seconded COrAlsloner HaSle ~d carrl~ ~t~ ~t 2990 R~r8 of the Year. Page 5 March 26, 1991 ORDZ~EAII~'~ 91-29, IrE P~TITION PDA-90-11, ALAN D. REYNOLDS OF WILSON, MIFJ~It, B~RTON & PEEK, INC., REPRESENTING LELY DEVELOPMENT COltPOtATION, INC., REQUESTING AN AMENDMENT TO THE LELY, A RESORT COgS!UNITY PUD BY AMENDING SUBSECTION 3.06, PERMITTED USES AND $TRU~ REQUIRING DEVELOPMENT PLAN APPROVAL; SUBSECTION 10.02B, PE]O~ITTED ACCESSORY USES AND STRUCTURES; SUBSECTION 3.0?, DEVELOPMENT ~TANDARD~; AND TO ADD LANGUAGE TO FURTHER CLARIFY THE SET BACKS 1~ WHEN A SIDE OR REAR YARD IS ADJACENT TO A LAKE - ADOPTED Legal notice having been published in the Naples Daily News on March ?, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-90-11 filed by Alan D. Reynolds of Wilson, Miller, Barton & Peek, Inc., requesting an amendment to the Lely, a Resort Community, PUD by amending Section 3.06, Permitted Uses and Structures; Section 10.02B, Permitted ..~ Accessory Uses and Structures; Section 3.07, Development Standards; and to add language to further clarify the set backs required when a side or rear yard is adjacent to a lake for property bordered on the West by Lely Estates, on the North by CR-864 on the East by CR-951 and on the South by US-41 in Sections 21, 22, 27, 28, 33 and 34, Township South, Range 26 East and Section 3, Township 51 South, Range 26 Planner Mulhere informed that the subject petit/on is to allow for the development of a welcome center for sales, marketing, and project administrative functions as well as further clarify the required set- hacks for a side or rear yard when adjacent to a lake. He noted that ' ~' the location of the welcome center would be restricted to a residen- tLal golf course tract and limited to only one within the PUD. He advised that the EAC and WMAB added four additional stipulations to the subject petition which the Lely Development Corporation suggested that these stipulations would be better addressed in the major, com~reheneive Lely PUD amendment forthcoming in approximately 90 to 120 days. He reported that staff, .the EAC and WMAB concurred. He advised that the CCPC recommended approval. In response to Commissioner Hasse~ Mr. ~ulhere stated that the structure will be permanent, 'but' t~fe use ~11 be temporary. Page 6 March 26, 1991 ¢~teloner Shanaban ~oved, seconded by Comtesloner Saunders and that the public hearing be closed. Shauahan aoved, seconded by Co--tsetoner Hasse amd clrl. telu~elilolal¥, that the Ordinance as number and titled below be adopted ~nd entered Into Ordinance Book No. 43: ORDINANCE 91-29 AN ORDINANCE AMENDING ORDINANCE NUMBER 85-17, AS AMENDED, WHICH ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT BY AMENDING SECTION III 'R', RESIDENTIAL LAND USE, SUBSECTION 3.06, PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.14(f) BY ADDING PARAGRAPH 8) A WELCOME CENTER FACILITY TO ENCOMPASS SALES MARKETING AND PROJECT ADMINISTRATIVE FUNCTION; BY AMENDING SECTION III, ~R' RESIDENTIAL LAND USES, SUBSECTION 3.07, DEVELOPMENT STANDARDS, TABLE IVB, TO LIST DEVELOPMENT STANDARDS FOR THE WELCOME CENTER AND TO ADD LANGUAGE TO FURTHER CLARIFY THE SETBACKS REQUIRED WHEN A SIDE OR REAR YARD IS ADJACENT TO A LAKE; AND BY AMENDING SECTION X "GC" GOLF COURSE, SUBSECTION 10.02 B, PERMITTED ACCESSORY USES AND STRUCTURES BY ADDING PARAGRAPH 5) A WELCOME CENTER FACILITY TO ENCOMPASS SALES, MARKETING AND PROJECT ADMINISTRATIVE FUNCTION FOR PROPERTY BORDERED ON THE WEST BY LELY ESTATES, ON THE NORTH BY CR-846 (RATTLESNAKE HAMMOCK ROAD), ON THE EAST BY CR-951 (ISLE OF CAPRI ROAD), AND ON THE SOUTH BY US-41 (TAMIAMI TRAIL EAST), IN SECTIONS 21, 22, 27, 28, 33, AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND BY PROVIDING AN EFFECTIVE DATE. OI~D~ 91-30, RE PETITION R-90-25, MICHAEL H. MARCUS OF MORRIS DEP~NA~$OCIATI~S, INC., REPRESENTING DESHA N. SANDERS, JR., TRUSTEE, RE(~NQ A REZONE FROM RSF-4 TO PUD FOR RETAIL SHOPPING C~NTEI~/B~IN~S$ OFFICES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD - ADOPTEDt SUBJECT TO CCPC'S RECOMMENDATION Legal notice having been published in the Naples Daily News on March 7, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-90-25, filed by Michael H. Marcus of Morris Depew Associates, Inc., representing Desha N. Sanders, Jr., Trustee, requesting a fezone from RSF-4 to PUD for retatl shopping center/business offices for property located on the south side of Pine Ridge Road, approximately 740 feet east of U.S. 41, consisting of 4.2 acres. Planner Lord reported that the intended use of the subject site is for the construction of one, two-story building to primarily be used for retail shopping and business office space. He advised that the !!.primary access to the property will be from Pine Ridge Road and Page 7 March 26, 1991 aligned with an existing center median cut, with a secondary access to the south on Gastello Drive· He informed that the subject 4.2 acres is within the southeast quadrant of the Pine Ridge Road and U.S. 41 Activity Genter. He noted that the subject site is currently deve- loped with several single-family homes with an RSF-4 zoning designa- tion. He added that the surrounding land is all developed and zoned either RSF-1, RSF-4, or C-4. He pointed out that there are currently commercial uses within this activity center which is allowed by the Growth Management Plan, making this petition consistent. He advised that all necessary reviewing agencies have reviewed the subject peti- tion and have provided their stipulations in the agreement sheet. He explained that as a result of discussions at the CCPC meeting, incor- porated into the revised PUD document are added language to 3C, nonpermitted uses, allowing for no petroleum type services and no drive through services permitted; and added language to 4C, PUD Master Plan, providing for an interconnect at the west property line. He noted that the interconnect at the west property llne was from the Moose Lodge. He remarked that the Planning Services Staff and the CCPC recommend approval, subject to all stipulations as contained in the PUD document. Gommtssioner Volpe commented that the intersection of Pine Ridge Road and U.S. 41 is one of the busiest intersections in Collier County and has been designated as a fly-over intersection. He expressed his concern regarding the transportation issue and stated that he falls to see the Justification for a fezone of the subject property for commer- cial use. He disclosed that there is 650,000 square feet of commer- cial property in the southwest quadrant of the County. Gommissioner Saunders pointed out that because this is a commer- cial area it would be appropriate to fezone this commercial, and added that an office building is low intensity commercial. He related that the property owner has a right to develop his property, and a two- story office building would have th~ least.impact on the area. Commissioner Shanaban agreed that the subject property would be Page 8 March 26, 1991 appropriate as commercial within the activity center, but also agreed that this is a bad intersection which needs to be taken into con- sideration when making a decision on the subject petition. Mr, Lord commented that the staff report which addresses the Level of Service (LOS) at level D was done before the Plummet Study. He reported that the Plummet Study revised that to a level of service A. Transportation Services Administrator Archibald clarified that the LOS A is assuming the funding will be provided for the additional two lanes of road at this location which is in the five-year plan. He explained that the funding is expected to come from an assessment district which the County needs to address in the near future. He pointed out that the petitioner will be required to provide an access which will be sufficient to meet the traffic needs for this develop- ment. He noted that there will be a need for a traffic signal at U.S. 41 and Castello Drive once the connection of this road is made to the project site; and the petitioner should be made to pay their fair share of the cost for this signal, if this petition is approved. He informed that as to the widening of Pine Ridge Road, the petitioner will only contribute to this cost with the expense of their required impact fees. He advised that the access from Pine Ridge Road will be limited to right turn in and right turn out. Com~tssioner Saunders suggested that incorporated into this PUD and future PUDs should be a statement indicating that all impact fees be paid at the time of building permit issuance. Michael Marcus of Morris Depew Associates, Inc., representing the petitioner, affirmed that the intent is to construct a two-story retail and office building. He noted that the the petitioner agrees with staff's stipulations except for item #2. He explained that their understanding is that the traffic signal stipulated in item #2 would be placed at the access on Pine Ridge Road; and, therefore, the peti- tioner feels that the stipulation should indicate that he will pay his pro rate share since the proposed access on Pine Ridge Road will be aligned with Caribbean Drive which will allow benefit to the residence Page 9 March 26, 1991 from that area. Mr. Archibald remarked that the access on Pine Ridge Road may warrant a traffic signal which would be necessitated by the traffic from the commercial property; therefore, the commercial property should be responsible for the larger share, if not all, the capital cost. He recommends that the language be left as proposed in stipula- tion #2. In response to Commissioner Shanahah, Mr. Marcus advised that if approval of the subject pro~ect is granted today, the SPD review pro- cess would be completed in eighteen months, and within the next 36 months the building would be in place. In response to Commissioner Volpe, Mr. Marcus specified that the building will be setback from Pine Ridge Road approximately 20 feet with the majority of the buffering being provided for the residential area. Mr. Lord clarified that the interconnect would be between the Moose Lodge and the proposed project which will allow the traffic from both sites to access from either the subject slte's access from Pine Ridge Road or from Castello Drive. He added that the capital cost for the signal could be shared with the Moose Lodge. Christopher Smith, representing the Moose Lodge, stated that with the interconnect that this petition will provide there will be access to the activity center which will eliminate traffic from Pine Ridge Road. He pointed out that a traffic signal at Pine Ridge Road in front of the subject property would greatly benefit Pine Ridge Estates residents to the north. He commented that the Moose Lodge strongly supports this petition. George Vega, speaking on behalf of the petitioner, advised that originally the petitioner requested C-4 zoning which he would be entitled to; however, the County staff requested that, in order to provide more control on the pro~ect, the petitioner apply for a PUD which he did. He related that. slnqe C-4 zoning is appropriate and the petitioner has done all staff has asked and met the standards set, he Page 10 March 26, 1991 does not understand why a commercial PUD is in question. Commissioner Volpe reiterated that he does not see the justifica- tion for additional commercial use at the subject location. Tape.~2- . ~- .. C~e/~et~ Saundera ~ved, seconded by Cow~isstoner Hmsse and that th~ public hearing be closed. Co~tmsioner Hasae ~oved, seconded by Coemisstoner Saunders and carried 4/1 (Commissioner Volpe opposed), that the Ordinance as num- ber~! aml titled below be adopted and entered into Ordinance Book No. 43, ~ubJect to the CCPC's atlpolations: ORDINANCE 91-30 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9515N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SANDERS RETAIL CENTER FOR RETAIL SHOPPING CENTER/BUSINESS OFFICES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD, (CR-896), APPROXIMATELY 740 FEET EAST OF U.S. 41, LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.2+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. R~(I~IFI~-NO. 91-266, RE PETITION CCSL-90-16, COLLIER COUNTY TI~%I~TATION $~RVICES DIVISION, REPRESENTING COLLIER CO~ BO~ OF C~I~; ~Q~STING A CO~T~ CONSTRUCTION SETBA~ LI~ V~I~CE ~ ~T ~ ~STO~TION ~ ~-~GETATION ~ TO CONS~UCT ELEVATED ~~ AT ~ ~LY B~ ~S~ P~ FACILI~ - ~D, WI~ Legal notice having been published in the Naples Daily News on March 10, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCSL-90-16, filed by Vladimir Ryziw, Collier County Transportation Services, representing the Board of County Commissioners, requesting a variance from the Coastal Construction Setback Line (CCSL), as required by Collier County Ordinance 75-19, as amended to allow 1) dune restora- tion and re-vegetation, and 2} construction of two elevated connector boardwalks and portions of two proposed bathhouse facilities at the Lely Beach Preserve Park facility located in Sections 6 and 7, Township 48 South, Range 25 East. Page 11 March 26, 1991 Environmental Specialist Prynoski stated that the petitioner is requesting a variance of one foot to plus or minus eight feet from an established line in order to construct two elevated boardwalks which will connect to the three existing dune walkovers at the park. She advised that also requested is a variance for portions of two elevated boardwalks which will connect from the proposed boardwalks to the pro- posed bathhouse facilities. She noted that the proposed project is in compliance with the Growth Management Plan and the Coastal Zone Protection Act. She related that the boardwalk will follow an existing path which ls already void of vegetation. She pointed out that stipulation #1 addresses the concern of structural integrity of the boardwalk and dune system. She explained that the benefits of the proposed project will eliminate foot traffic across the back and front dune systems, will maintain the integrity of the dune system for coastal protection of the Lely Beach area, and provide handicap access to the bathhouse facility and the boardwalk system. In referring to stipulations #4, #5 and #6, she addressed the wildlife concern. She pointed out on the display map the location of the proposed project and its layout. She cited that stipulation #3 addresses the concern of the bald eagle specifically. She reported that there is concern regarding the bald eagle because they have been utilizing the Australian pines for' feeding and perching purposes, and what is pro- posed is to provide an artificial perch. She referred to the letter from the Fish and Wildlife Service, dated February 13, 1991, which stated that since the trees in question are not located in the primary or secondary zone of an eagle nest, they endorse the proposed project. In response to Commissioner Volpe's question on funding sources for the project, Mr. Archibald stated the Parks and Recreation Department has allocated funds from their impact fees to address the construction costs. Mr. Archibald noted that the cost estimates pro- vided in the staff report reflect the expense of the boardwalk and the bathhouse but not the parking areas which in some areas already exist. County Attorney Cuyler confirmed Commissioner Volpe's statement Page 12 March 26, 1991 that if it is found that there is sufficient public service, a need for the bald eagle, and the agreement for the eventual removal of the trees, the Australian pines would not need to be removed at this time. Alice Say/or provided handouts for the Commissioners and read a letter which is in opposition to the removal of the Australian Pines. In reference to the letter, Ms. Saylot noted that she has a list of names of the people who have witnessed the bald eagle utilizing these trees for their hunting and perching needs which has become very limited due to the development in the subject area. Other reasons to preserve the trees, she identified were that they would not interfere with the sea turtle nesting, and they provide shade for the public as well as animals. She requested that some of the Australian pines be preserved. She identified on the display map the trees where the bald eagles have been sited. She added that she does not see the purpose or need for the interconnect. Gommtssioner Saunders questioned if Ms. Saylot would go with staff and identify these trees on the property which would then be pre- served. Ms. Say/or agreed. Gary Beardaley, a Collier County resident, suggested an alter- native to the removal of all the Australian pines would be to identify a selected few and kill them, leaving the dead tree for perching. He noted that this has been done successfully in other areas. He stated that he does not understand the need for the interconnect. Mr. Archibald pointed out that the interconnec~ will connect the parking and beach walkovers to the future bathhouse facilities and will eliminate the public from walking through the dunes and disrupting the natural animal habitat and vegetation. Om~s~/~loner Shanahan ~oved, seconded by Co~tsstoner Saunders ~d ~~ ~~ly, t~t the ~blic hearing ~ closed. ~ei~ S~ ~d, seconded ~ Co~tsstoner S~ders, at~ttlon CCSL-90-16 ~ a~pted, ~b]ect to ~ndlng stl~latlon ~ ~t~ ~ t~ pro~s~ raolutton to all~ for s~tftcally ta~ttg ~li~ P~a to ~ prese~ed for the ~ld eagle. Page 13 March 26, 1991 County Manager Dorrtll suggested that the Board review Mr. Beardsley proposal regarding Injecting and killing the Australian pines. Ms. Prynoskl noted that the Department of Natural Resources may object to allowing the trees to live because they do cause dune erosion. C,,~]~tw~io]~ $1~n~h~n ~ended his ~otion by adding ~ ~f the D~ gatl~ pr~l of killing ths selected tr~s ~ tn~ctl~ ~tll ~ ~l~t~. ~sco~d ~ Co~tsstoner Sanders ~d carried ~l~,!~~ ~ttng ~solutton 91-266. Page 14 Hatch 26, ~99! ****~: 11~30 A.N, - Reconvened: 11:40 ,Depu~ Clerk ~uevtn replmced Deputy Clerk Arrtghl APPROVED 0F CASE NOS. 90-8101GN AND 90-4545GN AND I~fENDI~NTS TO THE ZONING R~-[t~ALUATION ORDINANCE Commissioner Saunders thanked all those involved for their cooperation and hard work in getting to this point where a settlement is possible. He stated the settlement before the Board of County Com~issioners this date is a win-win situation for the citizens of Collier County. He noted The Citizens Political Action Committee and James Kessler &re interested in trying to help the Board develop a better Comprehensive Plan which will provide more public input. He said the settlement provides an opportunity for citizens of Collier County to intervene in the zoning re-evaluation process, which he believes will help the Board make better zoning decisions and more effectively implement the zoning re-evaluation program. He mentioned the settlement will also save the County from expending approximately $15,000 to $30,000 in litigation and other costs associated with this case. Unfortunately, he said, the settlement leaves two cases pending which are scheduled for hearing on July 22, 1991. He stated it may be appropriate for the Board to consider whether or not to continue having a Commissioner meet with The Citizens Political Action Committee and other parties in the two remaining administrative hearings, to explore the possibility of other grounds of settlement. He concluded by recommendlng that the Board approve the proposed settlement. County Attorney Guylet noted page ! of the Agreement contains reference to two possible Intervenors, Antaramlan Development Corporation and McAlplne (Briarwood). He asked the Board to strfke those because they are withdrawing their petition to intervene. He reviewed the consequences of the Settlement Agreement and the pro- posed amendments to the Zoning.Re-evaluation Ordinance (ZRO). He concluded with a recommendation that the Board execute the Settlement Agreement and proceed with the amendment to the ZRO as contemplated ,27 Page 15 March 26, 1991 by the Agreement. Commissioner Volpe asked if there has been any discussion regarding "sanctions", i.e., costs or attorneys fees with respect to prevailing party? Commissioner Saunders indicated in the negative, adding that the theory is, if a property owner wants to appeal, he will pay his application fee, which will not exceed $100. He stated if a property owner's compatibility exception prevails, the applicant will not be charged any costs associated with that. Comumissioner Shanahan communicated that he is not totally comfor- table with the broad approach contained in the settlement, however, since it such an important element of the agreement, he will not take exception. Dudley Goodlette with Gummings & Lockwood, stated he is repre- senting several clients who have had compatibility exception applica- tions pending for four or more months, which would have been processed by this date were it not for the intervention of this Settlement Agreement. He said his clients own parcels which are not currently usable by them. He explained most of the properties are currently zoned C-4 with applications pending requesting C-4 zoning be retained. He added most of the parcels have been redesignated as residential at three units per acre. He noted the dilemma his clients find themselves in is, the property is not usable for commercial because their compatibility exceptions have not been granted and is not usable as residential without going through the rezoning process. He indicated his believe that a strong argument can be made on behalf of those owners that a temporary taking of their properties has been affected by further delays in implementing the exceptions con- templated by the ZRO. He also communicated his concern on the substantive issue of the broad standing contained in the Settlement Agreement, as alluded to by Commissioner Shanahah. County Attorney Cuyler pointed out that those properties would have been subject to zoning re-evaluation but for their application for exceptions, therefore, they have chosen to go that route. He Page 16 March 26, 1991 disagreed with Mr. Goodlette's assertion of a temporary taking of pro- perty. He added those owners do have an option to come in and get the fezone. He said the Growth Management Department continues to work on the applications for compatibility exception, and the intervention of this agreement will only delay the process an additional month or so. In his opinion, he said, the owners in question would not be able to establish damages because building permits cannot be issued until after the Comprehensive Plan is amended for those compatibility excep- tions. Commissioner Saunders mentioned he is also concerned about the breadth of standing, but feels that on balance, this is a good Settlement AGreement. Mr.-Goodlette asserted he has some technical language problems with Exhibit "A" and suggested he meet with County Attorney Cuyler to discuss them, to which County Attorney Guylet agreed. ~mi~r $munders ~oved, seconded by Co-,-,lssioner $hm.nmhmn, to m~-tl~ kttl~nt l~ree~nt u preeent~ with t~t~ctton to the Oa~,Affe~ to e~tte to the Featest deFee ~smlble the ~nd- ~ to t~ ~O ~ to ~ve ~bltc he~tngs mche~l~ u soon ~ ~atble= t~ Cm~ Attom~ to ~t with Nr. loodlette ~d Nr. A~ r~t~ ml~r ~rdtng proble~ prior to exeatton of the A~nt. Co~tsstoner Goodnight thanked Commissioner Saunders for his efforts in making the Settlement Agreement possible. She asked County Attorney Cuyler to continue to work out the problems still pending. She mentioned, however, if The Citizens Political Committee had taken part in the public hearings on the Growth Hanagement Plan, some of these Items could have been worked out at that time. She urged them in the future to co~untcate .with the Board of County Commissioners and the public by participating in the process instead of sending their concerns through the appeals procedure. ~ ~1 for t~ ~tta, the ~tlon cvrt~ ~mly. Page 17 March 26, 1991 R~SO~UT~ON 91-268, RE PETITION AN-91-1, DOLORES AND PHILIP CONSTANTINO OF ~A~TINO'S PASTA HOUSE WAI~ OF S~P~TION ~QUIR~ BE~ ~ ~CI~ ~COHOLIC B~GES ~ A ~AGO~ FOR ~OPER~ ~A~ AT 599 SO~ COLLI~ BO~~, ~CO IS~ - ~ED S~CT · ,' Commissioner Saun~ero not present 0'* Legal notice having been published in the Naples Daily News on March 10, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition AW-91-1, filed by Philip and Dolores Constantine of Constantino's Pasta House, 599 South Collier Boulevard, requesting waiver of separation require- ment between places of business serving alcoholic beverages and an established church, for property located on Tract B, Marco Beach, Unit 7. Planner Mulhere stated that the petitioners are seeking a 75 foot waiver from the required 500 separation between establishments serving alcoholic beverages and a House of Worship (Marco Island Jewish Center). He indicated that the representatives from the Jewish Center have been notified and do not object to the requested waiver. He related that Staff reviewed the factors in the Zoning Ordinance and recommends approval of said petition, and the CCPC subsequently recom- mended approval of same. Commissioner Volpe recalled a similar petition from last week and questioned how Mr. Mulhere distinguishes the two. Mr. Mulhere explained that the subject restaurant is within a shopping center and is a sit down facility, and the church is not objecting. He indicated that Winterberry Drive is a two laned, very well traveled roadway on the Island. Commissioner Shanahah advised that a restaurant with full liquor availability is located next door, and on the same side of the street as the subject restaurant. Commissioner Volpe cited that statutory criteria states that there is to be a natural man-made boundary structure feature lying between Page 18 March 26, 1991 the establishment and an existing church, etc. Mr. Mulhere stated that a pedestrian would still be required to walk a greater distance than 500'. Commissioner Volpe noted that he is having difficulty in distinguishing this petition from others that have been presented. It was the consensus of the Commission to hold off taking action on this item until Commissioner Saunders returns to the meeting. Upon the return of Commissioner Saunders, Mrs. Dolores Constantinc advised that there is another restaurant that already has its beer and wine license and is located within the same shopping center. She noted that she chose an end unit location for her restaurant since parking would be better accommodated but unfortunately, was unaware that this corner location would prevent her from obtaining the desired license, or she would have chosen another location around the corner. She indicated that the Jewish Center has provided a letter of no ob3~ction to the beer and wine license. Mr. George Keller, President, Collier County Civic Federation, replied that he concurs with Commissioner Volpe in a sense that the Commission should be very strict in granting these types of waivers. He noted that the fact that the church does not disagree with the petition should not be taken into consideration since this is an ordi- nance which Is County-wide and is not regulated by any religious group. He indicated that this petition is one which is very close and if the portal-to-portal is considered, it is 900' He recommended that the Board approve the waiver. There were no other speakers. (l~:~ls~ $mundez-s moved, seconded by Co-,.tsstoner Shanahah and ~%~-~m~,~l~m~l¥, to close the public hsartng. ~toner Saunders ~m~md, seconded by 0o~tsstoner Hmsse and ~r~l~ 4/1 (Cmisstoner Volpe opposed), to approve Petitton AW-91-1 ~ ~.~lutlon 91-268 be m~opte4, subject to the l~ttttoner's Page 19 March 26, 1991 RESOLUTION 91-267, R~ PETITION SMP-90-33, TERRY COLE OF HOLE, MONTES &ND ~S~)CI&~$, INC., R~PI~SENTING THE ISS~IATES OF LIVINGSTON RO~, L~., ~~IN~ ~OV~ FOR LIVINGSTON RO~ CO~Y CL~ S~DIVISION ~A~ AT ~ NOR~ST CO~ OF ~ I~ERSBCTION OF ~ NO~/S~ ~ION OF LIVINGSTON RO~ ~ ~ PROPOSED ~D ~~ RO~ GO~CTING L~NGSTON RO~ WI~ US 41 - ~ED ~ ~TIO~S A~~ ~ ~DITION~ STIP~TIONS Legal notice having been published in the Naples Daily News on February 24, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-90-33, filed by W. Terry Cole, of Hole, Montes & Associates, Inc., repre- senting Associates of Livingston Road, Ltd., requesting Subdivision Master ~lan approval for Livingston Road Country Club, located at the proposed intersection of the proposed north/south and proposed east/west extensions of Livingston Road, consisting of 482 acres. Planner Bellows reported that this item is a request for sub- division master plan approval for the Livingston Road County Club Subdivision. He noted that the objective of this petition is to sub- divide a 482 acre site into 407 single-family lots built around a golf course facility. He indicated that the property is located within the urban residential area and is designated on the Future Land Use Map as a base density of 4 dwelling units per acre, however, the petitioner proposes a base density of .84 dwelling units per acre. He advised that all pertinent agencies have reviewed the petition and is deter- mined to be consistent with the Growth Management Plan. He explained that no correspondence has been received with regard to this petition, noting that the Collier County Planning Commission reviewed and recommend approval of same, subject to staff's stipulations. Commissioner Volpe noted that the stipulations provide that no development may occur until such time that the petitioner can demonstrate legitimate legal access to the property. He questioned whether there is a commitment from the petitioner that he will construct Livingston Road, east and west from U.S. 41 to the site. Mr. Bellows replied that the petitioner may do some of the work but desires that the MSTU provide most of the construction. Page 20 March 26, 1991 Gouissioner Volpe stated that there have been concerns in the past with regard to the traffic in that segment of the County. Mr. Terry Cole of Hole, Montes & Associates, representing the petitioner, explained that the first alternative is to construct a portion of the east/west Livingston Road from U.S. 4! to the project entrance, as addressed in the stipulations. He noted that if delays should be experienced, stipulations provide for access to the project from other areas, i.e. Imperial Street from the north coming from Lee County. He reported that the petitioner will have to prove that he has the right-of-way to construct the utility facilities to serve the project, but a portion of the development may begin prior to the completion of Livingston Road. Com~issioner Hasse asked if the petitioner would be completing Livingston Road from the entrance of the project to Old U.S. 41, to which Mr. Cole replied that a development agreement relative to same is currently being reviewed by the Transportation Department. Mr. Rick Miller, representing the owners of the subject property, stated that the number one game plan is for this project to be served by Livingston Road which is to be built by the taxing district. He noted that if for some reason the Livingston Road MSTU is abolished, the developer will construct a two laned road from the entrance of the project to U.S. 41. He noted that during the time of construction of Livingston Road, construction traffic will access the project via .Imperial Street in Lee County. He indicated that development of the project will be held off until such time that the permitting process and construction plans for Livingston Road are moving along smoothly. Gommissioner Volpe questioned whether Mr. Miller is prepared to commit that construction traffic will access the project from Imperial Street in Lee County, to which Mr. Miller replied affirmatively. In answer to Gommisstoner Hasse, Mr. Miller reported that the County has submitted permits to the Corps of Engineers and DER, to include a north/south segment as well as the east/w~st segment to Livingston Road. He indicated that those agencies have specifically Page 21 March 26, 1991 prohibited the developer from submitting a permit for only the east/west section of the road. He explained that they want to act on a permit for the entire system, but if there are delays, the agencies would allow the developer to come back and submit a permit for only the east/west portion. Commissioner Volpe questioned whether the applicant is willing to work with the County to obtain a permit to build the east/west corri- dor, regardless of whether the MSTU is in place or not. Mr. Miller stated that if the MSTU does not proceed, he is willing to commit to build the east/west section. There were no speakers. Co~ulon~r $hanaha~ ~oved, seconded by toutsstoner Saunders and CaZTIe~, ~i~ly, to close the ~blic hearing. ~~i~r S~~ ~ed, second~ ~ Co~lsstoner Vol~ ~d c=t~ ~ly, to a~ro~ S~-90-33, thereby adopting Resolution 91-267, ~J~t to the Nttttoner'm i~H~nt ~d the cmat tWt ~~ e~ ~r t~ M~ tm in place, the ~tttton~r will ~tld ~ ~ 1~ ~ ~ the entrnce of the project to Old U.S. 41; a a,Sat t~t catncttoa traffic will access t~ pro]oct Page 22 March 26, 1991 Itm elOA--, R]KPO~T TO T]K~ ~O&RD CONCURRING TH~ USE OF A~ INDEPENDENT %O~ ~ OR A ~ING O~IC~ ~R ZONING ~ ~ USg ST~ ~ ~IDE ~~ ~RT ON ~ ~ER OF T~SE ~S ~ ~ F~ S~X NO~S, ~ ~R OF ~EE COX'S ~$~, Assistant County Attorney Wilson stated that her report includes the consideration of the hearinG officer procedure in addition to an Independent Board of Zoning Appeals. She noted that she has already presented the Commission with a large packet, including her memorandum and recommendation. Assistant County Attorney W/lson advised that a portion of her packet includes a report from the Lee County Attorney's office, reveal/nG their recommendat/on to use a Hearing officer; sample ordi- nances that other counties are operating under at this time for the Independent Board of Zoning Appeals process and the Hearing Officer procedure. She noted that there was not sufficient time to include a cost analysis in her report. Mrs. Wilson adv/sed that the eight page report contained in the Executive Summary reflects what the Planning Commission is doing, what the Commission as the Board of Zoning Appeals ks doing, and what the Planning Commission is forwardinG to be heard by the Board of County Commissioners. She noted that the next portion of her report outlines what other count/es are doing. Assistant County Attorney Wilson explained that Lee County is the only county in Florida that ut/ltzes a HearinG Officer extensively. Mrs. Wilson reported that she has reviewed statistics that she received from the County Manager's Office wh/ch itemizes the various issues that are heard by the Planning Commission and the Board of Zoning Appeals. She noted that the analysis reveals that there are not a lot of ~tems on the agenda that are heard with the Commission sitting as the Board of Zoning Appeals. She indicated that Generally, there is an average of § such items per month being heard. She remarked that the beauty of the Hearing Officer process is that many add/t/onal items could be removed from the weekly agenda and this is Page 23 March 26, 1991 an advantage over the Independent Board. Assistant County Attorney Wilson stated that if there is an Independent Board, staff time may actually be increased, since they would be ~equired to be at two Board meetings for whatever time it takes to get to the particular item that they are involved with. She indicated that there is the possibility of a conflict of interest with a lay board, but the advantage is that these people volunteer their time and there is no cost as far as having to pay another staff per- son. She noted that if there is a cost analysis, she does not believe that there would be a significant savings since there would be staff time ~nvolved with assistinG that Board as opposed to having an employee who would not need that staff assistance. ,Mrs. Wilson remarked that a Hearing Officer is not permitted to discuss cases before they are heard and therefore, there would be no problem relative to special interest lobbying. She indicated that the HearinG Officer's decision is supposed to be based on interpreting whatever he is called upon to review. She cited that the disadvantage to this p~ocess, is that there is only a one shot deal. Assistant County Attorney Wilson detailed that the Board of County Comm~ssioners has the ability to delegate hearings on all matters that currently come before the Board, with the ex~eption of Legislative D~ties, i.e. rezonings, zoning amendments, amendments to the Comp Plan, and final decisions on DRI's or PUD's. She explained that the remainder of the items that are heard by the CCPC and the Board of Zoning Appeals could be delegated to the Hearing Officer and there are two ways to do this: 1. Delegate these issues to the Hearing Officer with decisions being appealed to the Board and the Circuit Court; Appeal of the Hearing Officer's decision directly to the Circuit Court; 3. Or, a combination of the two. Mrs. Wilson advised that Lee County has a hybrid process since they had concerns about giving up their connection to a lot of these things. She related that the Hearing Officer hears the various items but ~f someone desires to appeal the decision, two Commissioners may Page 24 March 26, 1991 request that the item be added to their regular agenda, She noted that this process defeats the purpose of taking some of the things off the agenda. She explained that a time savings would be experienced by delegating these things to a Hearing Officer. She reported that Lee County experienced a full 15 days of savings in 1989; and the flip side of the coin, if the present system remains, is that a minimum of 2-1/2 to 3 days per year would be added to the agenda. Commissioner Hasse replied that he is not anxious in delegating his responsibility to any individual or any other group, and noted that he does not see the savings in any shape or form. Assistant County Attorney Wilson stated that the intent is not to alleviate the Board's responsibilities. She pointed out that Lee Cotznt¥ sets a time certain for the particular hearings and this is very efficient from the staff's point of view since they only wait for the particular item that they are involved with and may return to their offices to process additional applications. Commissioner Saunders voiced concurrence with Commissioner Hasse's remark relative to delegating the responsibilities that the Commission was elected to do, but noted that the issue at hand is to find a way for the responsibilities to be performed more efficiently, and to handle the real issues in a more effective manner. He indicated that, i.e. the determination of whether a 1" variance from a side setback lot should be allowed could be made by a Hearing Officer. Commissioner Volpe cited that it appears that the motivating fac- tor is to achieve greater efficiency, but noted that the Hearing Officer's budget this year in Lee County is $250,000 and is proposed to be $500,000 for next year. He suggested that before the existing system is changed, perhaps staff could address some of the issues administratively. He questioned the number of hours that are spent relative to the Board of Zoning Appeals and public petitions that have not been reviewed by staff. He noted that he is concerned about moving full tilt ahead, until some of the other opportunities are explored to become more efficient. Page 25 March 26, 1991 Mrs. Wilson advised that the approximate start up costs in Lee County to establish their Hearing Officer was $180,000, but when people are asking to be heard, these costs can be taken out of the fees. Commissioner Shanahan stated that at this particular time with the economy, he hesitates adding any additional personnel unless it can be cost Justified. He noted that he does not believe that the community is adding any type of bureaucracy without that benefit. Commissioner Hasse reported that he just received a message from Lee County that the vast percentage of the people are dissatisfied with the Hearing Officer process. Commissioner Goodnight reminded the Commission that this item is something that the Productivity Committee asked the Commission to look into. She stated that she believes that a Hearing Officer, who would be paid through application fees, could review the following: Variances; Provisional Uses; Appeals of the Zoning Director's Interpretations of the Zoning Code; Non-Conforming uses changed to another non-conforming use; Non-conforming single family; mobile home or duplex which is altered, expanded or replaced; and shared parking agreements and off-site parking agreements if the currently proposed amendments to the parking section of the Zoning Ordinance are adopted. She explained that she would like to see the Planning Commission and the Board of County Commissioners continue to review: Zoning requests; amendments to the Zoning Ordinance; Moratorta Ordinances; Impact Fees; Growth Management Plan and Amendments thereto; Land Development Ordinances; DRI process; and Provisional Uses. ~:[~mton~ $aunderm ~oved, seconded by Com~issioner Shanahan, that ~t~f b~ dieted to provide the BCC with a written r~port rela- tiv~ ~ l~e nmah~r of the following tte~ that have be~n reviewed in · h~ ~t etv~o~ths: alcohol b~v~r~ waivers; subdivision mter pl~n~;-wi~n~; appeals of the Zoning Director's interpretation of ~ ~ Cod~; non-confox~tng uses changed to another non- ~ u~; non-conforming single family home or duplex which is Page 26 Hatch 26, 1991 alte~m~, e~panded or replaced; parking a~reements and off-site parking · ~re~m~ts; a~d · report froa Lee County u to how ~ell their ~tem Mr. George Keller, President, Collier County Civic Federation, stated that he concurs with Commissioner Hasse's remarks that the Commission should not delegate its authority to anyone else. He indi- cated that a Hearing Officer would need to be tremendously knowledgeable, and paid well for that expertise. He suggested that a policy be established for staff to review carnival permits and various petitions and submit written reports with their recommendations to the COmmiSsion. He reported that the services of a Hearing Officer would also require 2 or 3 secretaries to assist with the clerical work. Mrs. Charlotte Westman, representing herself and the League of Women Voters of Collier County, remarked that Collier County is a growing community. She expressed that it does not appeal to the League to have all the responsibilities of same borne by the five Commissioners as an example of the most efficient way to go. She indicated that she believes that Mrs. Wilson's report is a good one and one that should be pursued further with regard to costs, etc., but there are areas that the Commission should not be actively subjected to. She stated that the League supports the initial report and suggested that the Commission use some foresight in the growth that the Co~-~ty is experiencing. ~ ~! ~r t]~e q~stio~, the ~otio~ oartied ~ ~O. S TO GO~TRAOT WIT~ T~ F~ORIDA D~PARTM~T &~&X~ ~ X~ O0~U~ITY D~;~LOPM~T BLOCK GRA~T, ¢ONTRA~T ~O-D~-4~-0~-Z%-Ol-NO5 - APPROVED Legal notice having been published in the Nap]es Daily News on March 7, 1991, as evidenced by Affidavit of Publication filed with the Glerk, public hearing was opened to consider an amendment to the Small Glties Community Development Block Grant Program (CDBG), Contract #90-DB-49-Og-21-O1-H05. ~ousing and Urban Improvement Director Shreeve advised that it is Page 27 March 26, 1991 necessary to a~end the Community Development Block Grant application before the end of sum~er. He explained that the original application had a target area which included a portion of the Collier Village PUD. He noted that there was a $650,000 grant to install the roads, street improvements, water, sanitary sewer, drainage, and retention ponds. He requested that the target area be extended to Include all of Collier Village, and noted that the Block Grant will be used as the primar~ source of funding and the $110,000 from the Pocket of Poverty will be used as a supplemental grant to complete the project. There were no speakers. ~~r $1~mnmhmn moved, seconded ~ Co~ssion~ S~r~ ~~ ~ly, to clo~ the ~bltc hearing. ~ FMt~ ~t of C~tW Affairs for the ~~t ~lod ar~t, C~tract No. 90-D~49-O9-~l-O1-H05. ****NOTE, DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF NOVEMBER 12, 1991'*** li5 Page 28 March 26, 1991 I~'I~Z081 V-91-2, IZILRL& ROMlVO, REPRESENTING THE CASA GR&RDE CO~I~[~[i~, ~Q~~ A 4 ~T V~Z~CE ~OM ~ ~QUZ~D 20 ~OT ~ ~ ~~ TO 16 ~; A T~4~ V~Z~CE ~ON ~ 20 ~OT ~ Y~ ~ ~ 12'8'; A 13 ~OT V~Z~CE ~0~ ~ ~QUZ~D 20 ~OT SZ~ Y~ ~~ ~ ~ ~ FOR ~ SIDE Y~ FOR CO~ P~ING; ~ ~ ~ ~G ~ ~~IES OF ~ O~-SI~ P~ING ~ FOR ~ ~~ O~ P~T OF L~ 17, BL~K B, CO~OR'S V~ZLT Legal notice having been published in the Naples Daily News on March 10, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-91-2, filed by Attorney Darla Romic, representing Casa Grande on Vanderbilt Beach Condominium, requesting variances from the required front and side yard setbacks, and a variance to use barbed wire in conjunction with chain link fencing along the boundaries of the condomtntum's off- site parking, in a RT zone for the ~esterly 131.6 feet of the Southerly 68.0 feet of Lot l?, Block B, Unit 1, Connors Vanderbilt Estates. Planner Arnold stated that the Casa Grande Condominium is requesting a 4 foot variance from the required 20 foot front yard set- back to 16 feet, a 7'4" variance from the 20 foot rear yard setback and a 13 foot variance from the required sideyard vartance in order to construct covered parking. In addition, he advised that the peti- tioner is requesting the ability to use barbed wire for security pur- poses at the parking facility. He noted that the subject condominium is located north of Vanderbilt Beach Road on Gulf Shore Drive. Mr. Arnold advised that if granted, this variance request would allow 16 of the 18 off-site parking spaces to be covered. He indi- cated that the Collier County Planning Commission heard this petition on March ?, 1991, modified the petitioner's request, and recommended that only the side yard variance be granted s~nce the petitioner would still be able to cover some of the parking without violating the front and rear yard setback requirements. He stated that Staff is of the opinion that there is no hardship on the land and therefore, recom- mends denial. Page 29 March 26, ~99! Mr. Arnold pointed out that two letters of objection have been received, citing concerns with regard to landscaping and the barbed wire. In answer to Commissioner Volpe, Planner Arnold reported that the Planning Commission felt that the last two parking spaces in the rear would allow 20' to meet the rear yard setbacks and the same would apply to the front parking area which would result in 14 covered spa- Attorney Leonard Rena representing the petitioner, stated that the barbed wire issue is probably an overkill with regard to security and he has no objection to eliminating same from the request. He indi- cated that he believes that the covered parking area would make the area more aesthetically appealing. He pointed out that there are other condominiums in the ar~a that have exactly what is being pro- posed but staff's memo of February 15, 1991, states that "the intent of the zoning ordinance is to regulate property development in the interest of protecting and promoting the public health, safety, com- fort, order, appearance, convenience, morals, and general welfare", noting that it is staff's opinion that the granting of this variance will not be detrimental to the public welfare. He requested that the Board follow the recommendation of the Planning Commission. In answer to Commissioner Hasse, Mr. Rena advised that he feels that a hardship results from the fact that when these condos were con- ceived ten years ago, covered parking was not an amenity that was demanded by the cost of the real estate that currently exists. Mr. George Keller, President, Collier County Civic Federation, stated that he does not see how the Commission can approve the subject request since it is very similar to the same type of request that was denied on Marco Island a few weeks ago. There were no other speakers. Ce~eat~on~r Sh~nah~n ~oved, ~conded by Co---ieeioner $aund~rm ~nd c~-r~dun~~ly, to close the public hearing. C~tesioner Saunders ~oved, seconded by Co~mtssioner H~se and March 26, ~99! ~~,~mmd~muml¥0 that l~tttton V-91-2 b~ denied on the b~mts that ~~ 91-269, ~ ~ITION ~-89-22, ~ ~ ~II ~IN, ~ A ~~ ~ L~A~D ~JAC~ TO ~ SO~ SIDE OF SR-92 ~~Y 2~ ~ET ~ST OF ~0~ CO~T~ ~CO BEACH - ~ED Planner Milk advised that this item ~s a request to extend the Provisional Use for a 20 lane bo~ling alley, game room, snack bar and lodge within the C-~ Zoning District on Marco Island. He noted that the Provisional Use wlll expire on April 10, 1~1. Mr. M~lk reported that ~he subject property ~s located within a desi~ated Activity Center with water and sewer facilities available. He ~ndlcated that the property has d~rect access to San Marco D~ive and is approximately ~.56 acres in size. He explained that the site generated traffic will not exceed 5~ of Level of "C" volume on San Marco. He indicated that it is staff's opinion that this petitiou is consistent with the Growth Management Plan and is compatible with surro~d~ng l~d uses, subject to the conditions listed in the orlgi- nal a~eement sheet. Plier M~lk stated tha~ staff recommends a one year extension of Petition PU-89-22. ~t~ S~ ~, ~ond~ ~ Co~issl~r ~ee ~d ~~ ~~ly, t~t ~t~t~on ~-89-22 ~ e~ended for Page 31 March 26, 1991 X~ PJkT~/~ B. It~I~ERT REPRESE~TTNG NAT~0N~ D~LO~ ~OP~T~ES OF ~, INC., ~ST~NG ~SION OF BUILDING PETIT NO. 89-4517, ~ ~T ~~ L~ING FACILIW - SIX MO~ ~SION ~O~D ~ ~ILI~ ~ ~ ~E MO~ ~5IONS Development Services Director Pettrow reported that this petition is a request for an extension of an Adult Congregate Living Facility. He divulged that two administrative extensions have previously been granted but the Building Codes state that the third extension must be approved by the Board of County Commlsstoners. He noted that staff is recommending a 90 day extension. Commissioner Goodnight pointed out that the Commission has been granting extensions of this nature for a six month period, with the ability for two three month extensions. ~e~eais~to~er Sammders ~,ve~,d, seconded ~ Coalsstoner S~ to ~ ~1~ ~tt No. 89-451~ for six ~ntM, with the ~btlt~ for ~ ~b~ ~ ~to~. County Attorney Cuyler advised that he has no problem with the motion but cautioned the Board of not using this as a standard in approving extensions of this type since many times the petitioner asks for a lesser period of time. ~ ~1 for ~ ~ti~, the ~tton c~rted ~~~ ~[ ~. 91-01-00813, C~ON'S ~DITION, B~ ~, LOT 9 - ~ ~ ~ ~ ~RCING 0~IN~CE 85-33 Commissioner Goodnight advised that she received a call from Mr. Smith, Indicating that he would not be present at today's meeting, but he is requesting an extension for cleaning up the lot in violation since there is a problem with the title. Commissioner Goodnight indicated that Mr. Smith agreed to the County cleaning the lot, placing a lien on the property and when the property is sold, the County would recoup its money. ~set~ Shanaban loved, seconded by Coatestoner Hume and Pm~ 32 March 26, 1991 · ,:,*.~:..' g~rrM ~memtmma~ly, that Staff will proceed with enforcing Ordinance ~ ~ ~ ~ ~ ZO~NG O~IN~CB TO ~IDE D~O~ ~~ ~ C~CATION ~ Planner Milk stated that the purpose of this item is to seek direction from the Commission to amend the Zoning Ordinance to provide development regulations for communication towers. Mr. Milk explained that presently, communication towers are being erected throughout Collier County at an increasing rate and the County represents a new service area/market area being inundated with these requests. He noted that the number of new towers that may be needed in a particular area is directly related to the demands of broad- casters and other users. He reported that based on information from the Federal Communications Commission, the demand for new towers is expected to increase by 80% - 1§0~ by the end of this decade. Planner Milk divulged that Cellular One, Ameritech and Mobilnet are presently competing for geographic transmission sites in Collier County. He affirmed that these companies have approximately 50-75 transmission sites proposed. Mr. Milk remarked that as the demand for transmission towers increases with the growth in the number and types of communications systems, Collier County should be aware of the problems associated with siting, construction and operating these facilities. He pointed out that effective regulation can facilitate the development and use of these communication systems without imposing an unreasonable burden on Collier County. Mr. Milk stated that presently, communication towers are a per- mitred principal use in the Industrial Zoning District, and are conditionally allowed in every other Zoning District, subject to cri- teria set forth in the Zoning Ordinance, but noted that Section 13 fails to provide specific criteria and development regulations for the following: yard requirements; electromagnetic transmission/radiation; Page 33 March 26, 1991 height limitations; type (monopole versus tower); screening; buf- fering; coloration; number of towers per site and shared use of towers. He reported that staff has found reviewing these petitions without specific development regulations, forces inconsistent recom- mendations and stipulations during the review and public hearing pro- ces~. Planner Milk advised that other communities throughout the country regulate tower sites by enforcing very strict development criteria. He noted that staff proposes the following outline in which to generate an ordinance regulating communication towers in Collier County: minimize adverse visual effects of towers through careful design, siting and vegetation screening; avoid potential damage to ad3acent properties from tower failure through engineering and careful siting of tower structures; maximize use of any new transmission tower, i.e. shared use of the tower by a number of antennas to reduce the number of towers needed; allow every district within the Zoning Ordinance to be a Provisional Use; and analyze the height of towers in the various districts. Commissioner Volpe questioned whether the Commission could declare an emergency temporary moratorium with respect to the construction of these communication towers in the Industrial District and as alter- native, allow a petitioner to use the Provisional Use method. Cotznty Attorney Cuyler replied that there is a way to do this, but he would need to coordinate with Staff to determine the timetables on some of the site development plans that are in process. Commissioner Volpe suggested that County Attorney Cuyler look into this mechanism and advise the Commission within the next two weeks. Mr. Bill Kenary, resident of the Crossings, stated that there is currently a tower 280' in height approximately 70' from his backyard. He indicated that if the Commission does not give GTE the right to relocate this tower, his neighborhood will be impacted greatly. He suggested that a closer look should be taken at an industrial use abutting a residential area, and noted that there should be atran- Page 34 sition zone. March 26, 199! Mr. Carmine Dapice stated that he owns a home with § acres on Trinity Place. He voiced concerns with regard to the recent installa- tion of a 330' tower in his backyard which could cause lightning, pro- perty devaluation, and harmful cancer. In answer to Commissioner Hasse, Planner Milk advised that notifi- cation is provided to those property owners within 300' of these sites. Mr. Paul Rodinsky, representing the homeowners of Trinity Place, stated that he has spoken with representatives from GTE who have informed him that they will not be placing their tower on Mr. Bastk's property but instead, will purchase the Gulf Rolling Tower and utilize same. He stated that the New York Times reported that the EPA was outraged that the Federal Government would not allow them to release a report regarding the electromagnetic fields and the cancer caused from same. He suggested that these towers be placed at least I/2 mile to 1 mile from any residential area and they should have a fence with barbed wired around them. Mr. Frank Heaton, Director of Operations, Cellular One, stated that nine months ago he inquired about the regulations for building a tower, and nine months later, he still does not know what the regula- tions are. He indicated that he has submitted one application to build a tower to replace an existing tower on Shirley Street. He noted that he proposes to construct a tower that bends, but will not fall down. With regard to lightning damage, he advised that towers are natural conductors and draw lightning strikes away, and if pro- perly grounded, they will be a source of improved protection. He noted that he understands the concerns of aesthetics and the surrounding neighborhood and offered to work with staff to develop fair and reasonable standards that exercise a proper degree of com- munity sens~tivity, but urged the Commission to support a resolution for the development of towers since there is a strong demand for this service. Page 35 ":" March 26, 199! Mr. Heaton affirmed that since September, 1990, he has proposed 12 towers, 9 of which have been approved for construction by the FCC and the other 3 are for fill in locations to respond to the capacity requirements for the system to handle the future need. He indicated that he desires to build all the towers within a 24 month time frame and there should be no need to require any additional towers within the next 10 years after that build-out. Mr. Fred Tarrant voiced concerns with respect to the low level of radiation that is not fictitious. He noted that this is something that cannot be seen or felt and may not be detected without pro- fessional testing. He indicated that there are a number of law suits pending in the United States today, relative to brain tumors and can- cers which are believed to have been developed through exposures to towers through low level magnetic radiation. He urged the Commission to take these health matters extremely seriously. He pointed out that ~f these towers are going to pick up the lightning strikes, there should be an ordinance which re~lres a high and secure fence. ~~i= Vol~ ~, seco~ W Co~tssioner ~se, ~ ~ ~~ to ~ a ~aft to the Co~rehenstve Z~tng ~ .~.~.,-' ~~ ~ ~-e0 ~. In an~er to Co~issioner Volpe, Planner Milk advised that Plying Services is currently reviewing two towers for site develop- ment pl~ approval within the Industrial D~strict. He reported that staff would be in favor of holding ~n abeyance any new towers, but noted that he ~s unsure how to handle the present in-house appleca- t ions. Oo~ty Attorney Cuyler stated that he w~11 meet with Mr. Bag~nski ~d he will advise the Commission as to what is in the process and whether any problems are anticipated. Mr. Bob Kersteen, GTE Mobilnet offered to work with staff and the '~ comity. He affirmed that he has met with the residents of ~he ':'' "Crossings" noting that plans are being formulated to move the site Page 36 March 26, 1991 with the cooperation of National Development. He advised that an agreement has been forwarded to purchase the 330' tower in the East Trail area rather than build another structure. He reported that his company intends to purchase another site in the J & C Industrial Park and move the site from the Crossings. He noted that he understands the concerns of the neighborhood. ~ =all for the question, the ~otton carried unani~ousl¥. · m~. ]~'~s~: 3:35 P.M. - Re¢onvened: 3:45 P.M. at which D~el~ Cl~k ~nevtn r~plac~d D~pu~ Clerk Hoffman ~~ 91--2T0 A~ORIZING P~TICIPATION IN ~ ~ORIDA L~ A~ i ~ A~~ ~ ~DK I~IM FIN~CING ~R Assistant County Manager McLemore explained that on January 21st, the Board approved the concept for a five-year financing plan for the County road system. He said a $13-millton interim issue was discussed in that plan. He noted in February, the Board approved the County's membership in the Florida Association of Counties Commercial Paper Loan Pool. He said the $13-million loan facility brought forth in this agenda item is through that pool. He indicated the Transportation Department has $27-million in critical project needs over the next two years with $14-million in cumulative revenues over that same period. He stated the intent is to make up that gap with this $13-mllllon Interim loan. In answer to Commissioner Volpe, Tom Glblin, Bond Counsel, replied the draw is currently scheduled to occur during the first week of April, 1991. Commissioner Volpe communicated his continued concern with not knowing how much will ultimately be borrowed or how the construction projects will be permanently financed. Assistant County Manager McLemore advised that the only projects being addressed are those critical to concurrency, and the gap of revenues to expenses will be affected with the potential of increasing impact fees, therefore, the situatio~ can only get better than it BOOPal2§ Page 37 March 26, 1991 currently is. Transportation Services Administrator Archibald, in answer to Commissioner Saunders, stated if the interim financing plan is not approved, a number of major construction projects will not proceed. Oo%lnty Attorney Cuyler added that there is the potential of imposing a moratorium if this is not approved, which will cause a set- back by one year of Mr. Archibald's five year plan. Commissioner Saunders stated that realistic decisions need to be made on whether or not to build the roads. He said if they are not going to be built, then the Board needs to start the moratorium pro- cess. He asked what suggestions Commissioner Volpe might have to solve the problem without the interim financing plan? Commissioner Volpe reiterated that he is interested in knowing the actual amount, if any, of the shortfall and how the Board intends to finance that shortfall. Commissioner Shanahan indicated his belief that, to delay this opportu/~tty will be disastrous to the community. He called attention to the fact that impact fees, and possibly a County-wide road assessment district as well as gasoline taxes have been Identified as vehicles to support an interim financing program. Co~issioner Hasse asked Mr. McLemore to identify how the funds will be repaid, to which he replied there are a number of choices available to the Board. Included, he said, is the possibility of an assessment district, gas or sales taxes, or two installments from the one ~ill fund. County Manager Dotrill interjected that the Board, by unanimous vote in January, directed Staff to bring back an interim construction loan that will not exceed the County's current revenue availability to repay that debt service, which is what they have done. Charlotte Westman, representing the League of Women Voters of Collier County, agreed with previous comments made by Commissioner Volpe. Page 38 March 26, 1991 George Keller, President of the Collier County Civic Federation, suggested the Board use available funds and pay for them as they are built, rather than borrow the money. Fred Tarrant, speaking for the Taxpayers Action Group, com- municated his belief that it will be a gross injustice to the tax- payers of Collier County if this plan is approved without knowing clearly where the money will come from for repayment. Linda Lawson, representing the Collier County Builders and Contractors Association, informed the Board that her organization has formed a task force that is monitoring all the County activities in regard to the impact fee study and the implementation of a special district. She said they are looking forward to working with Staff in that regard. She concluded her group feels the interim financing plan is a riscally responsible avenue to take, and one which they fully support. C~mmt~tos~r Shanahah moved, seconded by Cow-tsstoner Huse and ~ted 4/1 (~tslton~r Volpe oppoaed), to ~dopt Resolution 91-270 · ut!~i=in~partictpation in the Florida Local Government Finance Comm/m~t~n Pooled Co~rcial Paper Loan PToffram and authorizing a loan ~gT~m~nt to provide interim financing for selected county road i~pro- vesees~t~ in ~ ~ount not to exceed $13,750,000. Page 39 March 26, 1991 II~'~rl:z~ TH~ ~ FOR lO[ B~I~RGKNCY SERV/C~ a~.l:~l~TO~ ~ (I-75) ~ P~STI!~G T~ I~ORIDdt · 0~-T~I~I~q31tT&TION TO FROVID~ T!~ COUNTY ~I:T~ $~FFICII~T & F&CILITY - ADOFTED Jay Reardon, Emergency Servtces Administrator, stated this Is a provide emergency services along Alligator Alley. He said times on various portions of that roadway exceed one hour .units are able to be on-scene. He added when those ~e,-sent to the scene, fire protection services are withdrawn Ochopee/Everglades City area as well as paramedtcal services either Golden Gate or Marco Island. He advised the concept to interact with various State agencies, elected officials, Pal officials and agencies, in attempting to pull together an solution. He noted his position is that Collier County citizens should not pay the cost. He asserted this resolution .the-possibility of putting a facility at 1-75 and s.a. 29, ,land for that facility, a first response rescue truck for that truck. f[i?.Cc~tssioner Shanahah mentioned the MPO has endorsed the program · the Florida Department of Transportation (FDOT) to (:the,land. Re asked If any action has been taken with regard to ~land acquisition, etc.? ,~:, · ?' ';JMr.-Reardon reported the land issue seems to be resolved, due to .' ';~ ..<. ~,co-operatton from FDOT to allow Collier County to lease land very nea~:~the. Intersection. He Indicated he Is also applying for two one with the State EMS Department and the second through the a~OT..;Publtc Safety Section. He mentioned a third source of funding an Act of Congress. He explained those funds would pro- and hopefully, perpetual maintenance of the facility, ;>mala~les, etc., from the collection of tolls. t~ ~!o~t Ilssolution *1-171 ~co~nlxt~l; the ~ s~rvtcss f~ctlit-/ mlon~ Alligator &ll~y (I-?~) ~n4 1991 ~ Fl~td~ l)~p~--t~ent of ~nsportatton to provtd~ th~ C~nt~th ~t~t¢t~nt l~nd to support such a facility. ~ 0007~,~197 Page 41 Hatch 26~ 1991 70 ~1~I~:~ ~ ~ SALES, I)~C., D ~ (2) :~IR::~ &lID !q~ (4) 5~ ~ ~ ~ ~ ~ .86 Tr~s~rtatton Services A~tnistrator Archibald stated this is a ten to award Bid ~90-1670 to the lowest bidder, Gator Ford Les, Inc., in T~pa. He indicated Staff has ~alyzed the ~8, ~110agl ~d do~ time to Justify the replacement us. of'those vehicles, and reco~ends replacement in the amount ,s~xse. :o 0o~tsstoner Volpe, Co~ty Manager Derrill replied ?will be approximately $75,000 under budget for hea~ equip- during this fiscal year. 8~iO~ZXt Of $113,186. Comm/ssioner Shanahan /ndtcated he asked for this item to be moved fro~<the,.consent agenda for discuss/on of the views and positions of ~cts. ~aVage]. Southwest Florida Chapter of the American Institute itects, mentioned this Chapter has five participating counties. referred to a resolution he prepared for the Board's consideration. (Co~.not.provided to the Clerk ~o the Board). He asked the Board to ~;*?'~' a ~olicy to 8elec~ as the primary architectural firm, a g count~ firm which has been in existence for three when archAtectural services are re~Ared. Volpe co~en~ed that the Bar Association has made a of this ~ard. He said ~he point As well made, ~ ~ the basis for discrimination if selections were r~Attorne¥ Cuyler communicated.his belief that the Count¥'s Page 42 i~,~ ~!~i' March 26, 1991 ic~icannot legally be limited to one single factor of location. Commissioner Saunders remarked that the Board may express its pre- < farenee to use local firms whenever feasible, based on qualifications to the State statute. He said as long as Staff knows iBoard's preference would be, that can be factored into their -County Attorney Cuyler advised that location ts a factor under the ~jst&t-~e,-.'how~ver, he recommends against establishing a policy in that ;.fi~..Co~m~ssioner Shanahah indicated that wherever possible, he would · to e elect local firms. .~o Ochs, Ad~inistrative Services Administrator, reported there are several current contracts with local architectural firms, -~nclud~ng six standing term contracts with local aFch~tects, the main 1Abrary expansion and the agricultural center, i:11' ",~11e~~ !!~ ~oved, ~econded by Co~imaloner Shanahah and :.e:~T~~IF, to mp~ the contract for archtt~ctura! ~er- ~.~e~t~ ~/Fa~icF Architects, Inc., for the renovation of Page 43 'l~0~'.~~K~l~ ~ COb~LbND POST FOLLOW-UP INFOIq~LbTION - STAF~ Jay Reardon, Emergency Services Administrator, summarized the research Staff has conducted Into available options concerning a ~tcatfons and command post. He said the potential dona- · ~ ~0~ Oomch would entail the expenditure of $11,758 '~worth of mech~ical repairs as well as body work estimated to cost $20,000 to $40,000. He said the poss~bility exists that there may be fr~' =rack which would cost anotheF $20,000. He also mentioned the ~enerator in the Coach would not be compatible, necessitating ~ addStroll $~0,OO0. He concluded all expenses rolled together ~nclud~n~ the cost of the communlcations package, would total between .'~,..'- 000 ~d $~80,000. He mentioned another option is a list of used ~ses ~hat has been made available to Staff, one of which may be des~Fmble. He indicated the o~ers a~e askinG $40 000, however, that ~e ~ be negotiable. He stated combined costs of the vehicle at '~Thm.faskfn~ prfce, ~he communications package, plus a Generator will ,total approxinatel~ $146,000. He asked the Board for direction on which of the options to continue working toward. ~'~ 'Co~lss~oner Volpe indicated his concern w~th the purchase of used Ee noted that when he voted against the acquis~tion of the mobile co~d post, he did so because he felt it should be a shared ~es~ce w~th the ~ndependent fire d~st~tcts, the City of Naples and k~L~ ~O~ty. He asserted Staff has yet to explore that possibility :B~ggemte4 the Board consider pursuing some type of interlocal ~~nt w~th those entit~es. ~ ~ ..~.:~em~on informed that he dSd mention that issue at the Collier C~.~i~e Chiefs Association and d~d not receive any response from t~O~efs at that t~me. He stated if the Board wants to pursue that ~t~,'~ he w~ll return to them to see ~f they want to off~cially con- Page 4 4 ,,:~;'~";i~;. March 26, 1991 leetoner Shanahan commented he would like to continue to put- finding a vehicle, either through donation or purchasing one in /the~.$30,O00 range, that meets most of the structural and mechanical that are needed. He also suggested that the Fire Chiefs t~rh~OoB~atttee be approached for their assistance. County Manager Dotrill asked the Board to consider waiving the sealed bid process which will give Staff the latitude to }lore what is in the used or donated category. '~1¥, to direr Staff to continue ~evte~tn~ the ~sed ~ile at the a tip contactlntl other ~1# to -)~'-'~[ Commissioner Volpe asked if arrangements can be made to have :':sO~ethill~' available in the interim, to which County Manager Dorrill of an agreement with the Shertff's Office for use of a com- :..11unications van to coordinate basic radio traffic in the event of an 01 ~ JOlO JLI'~BALS ~ ~ITT~N RKPOHT Douglas Kay, Chairman of the Board of Adjustment and Appeals, .mdvtaad,the purpose of this Board is to provide an avenue for owners 'or,.~hetr a~ents to appeal the decisions of the Building Code CoRp/lance Director or Public Safety Administrator. He Indicated [~i[mtnce.tts establishment in 1983, the Board has heard 38 cases, ten of have been denied, ~9 approved and nine approved with stipula- ~..t~o~s,~.~.He stated his belief that the Board is set up in a logical ,,~il~nner. and does not require any changes, however, Staff feels the 'ordtx~u~ce shonld ~ updated to establish current departmental names mtaff titles or positions. He also mentioned reference to a State which ~s to be updated, as well as the request to increase the,fee to $250. He noted the Building Department is working with Page 45 Narch 26, 1991 Ikaff and the attorneys to finalize those changes which will be brotlght'back to the Board around April 20th. He concluded with a ~eco~a~nd&tton that the Board approve those changes at that time. ~!~,Coun~ Manager Dorrlll advised that Fred Hubbard of the Emergency ~s Advisory Council (EMSAC) was also to have reported however, due to the length of the meeting he had to leave. He provided a written report from EMSAC for the record. Bill Lorenz, ~nvironmental Services Admln~strator, stated this rgest for approval of a contract with FDER so that the County can rece~ $~.~ ~llllon to assist In the cle~-up of a variety of soil contamination sites currentl~ In existence in Collier edv~eed it Is the starers intent to contract with local to manage the contracts. He reported that of the 65 sites Collier Co~ty, 12 are located within the wellfield protection zones ~d 13 are in outstandin~ Florida waters. He said 000 of the amour to be received from the State a~infstrative costs of six positions, and $1-million will to con/ractor~ which the County will engage to do the actual site 'C~e~p work. He noted the e~x positions will be temporary and tied to receip~ of the S~ate funds. Shanahan asked how long the project will last? Mr. that the goal is to have all the sites cleaned up by · He said this particular contract carries out through year and translates to the clean-up of approximately 20 ~ ]KT;'ed, ~"ozMe8 by com~t~t~ S~mMm.~, to 1~ 46 mitch 26, 1~91 ~;~l~kl-e~l~tr~c~ with the Florida Dep.lurtlent of ~nvirozulent&l Ooulsslon~r VolFe questioned ~hat is r~qutred of Collier County retu~ for the $1.1 million? Nr. Lorenz replied that the 5rate is ~:in/~--~sitt~ of havln~ the monies available, but do not have the ?'~ple to ~age the contracts. Therefore, he said, they are looking lo~.g~ements to m~age the contracts and bring the positions board. Page 47 :~'" '~ .~ T~ ~ ~TAT~ OF ~ $P~ING ~AS~J~J,I,L TR~ININB FACILITY ~ ~ ~ T~J&M - ~'fJL~le DIl~ TO C0~'fINU~ H~OTIJ&TION~ WIT~ ~ ~o ~'~ar. AND ~-ONIN~ ~TA~e AND B~LTIMOI~ ORIOLES ~ ~ ~qIT~ Im~oPo~JAL IN 30 County Manager Dotrill reported the proposed site for the training fac~llt~ ks within the holdings of Florida Rock, however, it is one ml!el. north of the paved road. He said site preparation costs will ~nt&~ b~lld~ng a road to the proposed baseball facility. He also ~ment~onsd that it does not appear to contain enough acreage for ade- ~rk~ng spaces. He stated this is an area that Staff wants to explore with the Orioles and Florida Rock to see how they ~ntend to respond to that problem. He said there are also some wetland issues from a permit ability standpoint, however, anywhere w~th~n the North Naples ~d East Naples pla~ing communities there ~1:~ ~l~d ~ssues. He noted the biggest concern on the f~nanc~al s~de ~s that someone needs to continue to be the ~arantor for the ~s, ~d the Orioles have agreed to assume that responsibility from USF~ whose obligation it was under the original proposal. He .~'concluded a de~,dl~ne needs to be determined to bring back the business ['/deal ~d the m~cipal stadium lease, in order to maintain the Spring, ~99S ~te. Co~ss~oner Shanahan questioned if ~t would be possible to move ~le pro3ect closer to I~okalee Road and furnish enough space to ~. 'provide all the things the Co~ty had previously committed to7 Mr. Dorr~11 res~nded that needs to be explored because the l~ds are provided ~d/or donated by Florida Rock. He said Florida Rock no~.-~ the c~rl~y business, therefore, they want to keep the ~%:h~st val~ed l~ds for future residential development. C~ssioner Sh~ahan indicated he would very much like to explore the.~ss~b~l~ties with Florida Rock to a greater degree. He sa~d he f~ls ~ obligat~on to try to work out an agreement w~th the Baltimore O~o~es who have ~n good faith made commitments to this endeavor. He m~d a time limit is necessary to ge~ all parties together for the Page 48 ,:, .1~. ~sible deal. He mentioned, however, he will find it very hard to.?:~zl~3rt: ~pend:tng a ~eat deal of aoney for ~nfrastructvre to get ,lex. He suggested that soae t~e of agreement be the next 30 days. ' C~ N~ager Dotrill agreed, a~a~ing h~s request khat the Board .l~se a 30 day deadline to coaplete ~lnal negotiations on both the ~~;pro~sal, the stadium infrastructure proposal as well as the , with a report back to the Board of County Co~Aseloners to direr Staff to ~rk wl~ the pro~r~ ~r, ~mntal ud Zontn~ Staffs ~d the ~lti~re Orioles with a propel. i,- -~llll~011~ ~1 T~ ~ OF $6,000 F~0~ FUND oo~ -' ~ ~ ~T~011 OP~I~T]:~ ~3]X]KT FOR ]l.q~=~E~ KI~Y D&Y~ .. ~,~e ~der~ ~v~d, ~econded b~ Comtesloner Shanahen, to 'm I~t ~t in the a~unt of 86,000 fr~ Fund 00! tt~ to the County Manager Olliff remarked that Finance ¥op-kosky re~ueeted that this be handled through a ~e~mbu~- slant ~ch~tsm so that Invoices would be submitted and he would then -~p to $6,000. loner Volpe ~est~oned whether this budget amen~ent is ~ o~nce he ~derstands that Mr. Grady has stated that he has the money that he was going to use to repay the County. M~ager Dotrill replied that he believes that with the ~.reh~rseBent nech~tsm, as proposed by Finance Director Yonkosky, '~e.l. author~zed invoices will be paid for costs incurred above and that Naples Bay Days has. Page 49 March 26, 1991 ',-125 ~nd 91-127 - ADOPTED .-~;~ ~mml~m~ ~ moved, mecond~ by Commtmmton~r that B~t Amendments 91-125 and 91-127 be APPItOV3:D FO~ ~ OF ~ FRC~ TBX (~NERAL FOND A L]21~ 1~T~( ACCOUNT TO PAT' ~.,~CTRICIT'Y, WAT'E~/~[lf[R, Fln~ce Director Yonkosky stated that this Item is a request for Of'& kntdget amendment allowing monies from the General Fund transferred to the Clerk for a line item account which will pay electricity, water/sewer, and insurance bills. He advised !~i.that the Clerk has agreed to reimburse the Board for his fee supported share of these fees, resulting in no charge to the Board and saving a considerable amount of administrative time. S]~ahan~, ~ec~nded by Com~immioner Ha~e an~ ~W ~1¥, that ~ ~get ~nt ~ a~r~ to ~fer ~}j~-~ ~ ~1 ~ to t~ Clerk for a line tt~ acc~t to County Manager Dorrlll stated that historically, the Board has taken a four week recess. He noted that the primary reason for this to enable staff to take the required time to prepare and b~ld~st to the Commission upon its return. He advised that years, the last week in June and the first three weeks in been taken. :.,iCommimmtoner Volpe pointed out that recent agendas have been quite ,~'a~d a four week recess would mean that four meetings would be In addition, he related that 20 evening meetings will be held regard to the Land Development Regulations. He suggested a vaca- Lon schedule whereby the affairs of the County could continue to be Page 50 ~"?:'! *' March 26, 1991 ~'~' i~tn~ this period of time. Hasse remarked that he will be in several times a :the Board's vacation, but if decides to leave town, he :the opportunity to do so. Shanahan suggested that rather than takinG four con- weeks in a row, that it may be better to take two weeks d~lrlnG the first part of June and two weeks at the end of August. The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued - until the Florida Department of Environmental Regulation fur- nishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for : .' ' service. T2,~Bactertologtcal testing has met the County's requirements. 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. RECORDED IN OR. BOOK 1610 PaEes 80 ~ 91 ;' : ~~Oll ~ NO. 59.413 -- SLHLY CLASSICS GOLF COURSE', BOUNDED ~ ~[~ I~LY l~--~/H TO ~ ~ST ~ S0~, C.R. 951 TO ~ ~T ~T.~Y ~ ~ ~; ~ ~CAVATION ~IT N0. 59.416 -- ~ ~', ~D ~ ~ ~ ~ LELY DRI~ TO ~ ~ ~ A~S DRI~ TO ~ SO~ - WI~ STI~TIONS · xcavatton Permit No. 59.413 - stipulations: : 1'~ ~ ,.The excavation shall be limited to a bottom elevation of -4.0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of -2.0 ft. NGVD. Off-site removal of material shall be subject to "Standard ?;.;c?.~'~:~.-,,-'.-'.-ConditIons" imposed by Transportation Services in document '~.;~.',~:~.~ted May 24, 1988. Shoreline rip-raG shal~ be limited in length to that sho~ on 'L~e Shoreline Table". Mitigation shall be implemented as sho~ on the Plan of Record. .Stoc~tlin9 shall be limited to area as sho~ on Plan of Record. 000- .: 245 Pa e 4,: ~'i March 26, 1991 ~Li~-~11 p=ovistons of Collier County Ordinance No. 88-26 shall be adhered to. ! material shall be removed from the site and the '.-,?~,?. commercial permit shall not be issued until all impact fees ~? ~>;~have been paid. :'~" ' Excavation Permit No. 59.416 stipulations: .1..' The excavation shall be limited to a bottom elevation of -4.0 .?'~.,-: 'f~. NGVI1. All disturbed areas proposed for lake excavation .-. ".~.~'~shall be excavated ~o a minimum elevation of -2.0 ft. NGVD. -.~. 2o%:-~0ff-stte removal of material shall be subject to "Standard "-::~:..~-.Cond~%lons" imposed by Transportation Services in document ,'.~ :-:~.dated Hay 24° 1988. · 3. Copy of South Florida Water Management D/strict " construction/operation permit or early work permit and the Corps of Engineer permit shall be provided prior to excava- ,/~,./~"~::~ ~ion permit approval. provisions of Collier County Ordinance No. 88-26 shall be ~'~.~ adhered to. ii~:~/-.:15.~ No excavated material shall be removed from the site and the '-;;~' coaerclal permit shall not be issued until all impact fees ~. c~:,,:,have been paid. :~ ::, OR BOOK 1602 Pages 1745 - 1749 AND CO!IVKYANCK FOR TH~ AG~UX$ITIOM OF RIGHT-OF-MAY '~!~3~-.~'~0~TI'IIAJw-,I~ M~ffZCXPAL SKlqq;lCK TAXING AND BENEFIT UIrZT P~ 13-56) AND AS KXCESS LAND FOR B:IFWIROMMENTAL See Page ]q:~R, DKFKNDA]FT*S ATTORIFA~*S FKKS AND COSTS CASE d~88-2866-C&-O~-WLB, EAGLE CRKKK OF $34r000 See Page · .J~ IqlJt & 8IAIIT FROM THK STATE OF FLORIDA TO PROVZ~ LUJP3WL~__ BETWKB3I COLLIER COUNTY, A POLITICAL SUBDIVISION OF &lid OVKRSKAS DKVKLOPMEHT CORPORATION, FOR OF OFFICE SPACE BY THE AGRICULTURK DKPARTMENT - ~!4,000 TO BE PAID IN MONTHLY INSTALLId~___?FS OF $2,000 .See Page March 26, 2992 SEE PAGES ~:~L~"~ TO CO~TI]~UE 1'0 PROVIDE CARK &T THK LOCAL HOSPITAL 1002. LZB~tRY OFIRITIJ~3 GRIIFr (STATE AID) IXIEXFXSTI?..ID :.BIXf:TBS~.~:~ Oil !fX, ORXDA ~'l'~t ~ ON PXN~ ~ RO~D - NOT TO ~ See Page .~~_~~:~ See Page ~ .JISBIB~:B.l~.ItO3,--IS89 FOR ~IC~ S~~ ~ I~~01~ ~ ~ ~ 598 THE SE&GRA~S SI~ PROJECT, A JOURNAL ~'~;J~REBTLY STO~XLKD AT T~E NJLFLB~ L~XLL AS See Page Page §3 't March 26, 1991 ,.~B.~I~ ~ I~[~AT~ NO~. A~44897, A~62326, A#42903, A~53584, FOR 5~IC~'S OF ~ PUBLIC DI~I~ND~N See Page ~:t". ' ' The-following miscellaneous correspondence was filed and/or ~eflrred-to the various departments as Indicated below: Letter dated 3/5/91 to Chairman Goodnight, Board of County Commissioners; from James Stephens, President Board of Directors, Area Agency on Aging of South Central Florida, Inc. (AAA); cover letter with attached Resolution regarding compliance of the Financial and Compliance Audit for FY 1990. xc: Nell Dorrill, Martha Skinner and flied. 2e City Council Minutes dated 1/23/91, from Alden R. Crawford, Jr., Mayor, City of Naples; re Joint City Council/County Commission Workshop on January 23, 1991 at City Council Chamber. xc: BCC and filed. Letter to Commissioner Saunders; from Jesse Pollock, Assistant Division Chief, Construction Statistics Division, Bureau of the Census, U.S. Department of Commerce; re request for further breakdown of County's construction outlay. xc: Neil Dotrill, Mike Arnold and filed. Memo dated 3/11/91 to All Eligible Small Cities Community Development Block Grant (CDBG) Communities, Regional Planning Councils and Other Interested Parties; from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, State of Florida Department of Community Affairs; re FY 1991 Final Statement. xc: Neil Dotrill, Commissioner Goodnight, Russell Shreeve and filed. 5.-- Memo dated 3/8/91 to All Community Development Block Grant State Program Recipients and Other Interested Parties; from William g. Sadowskt, Secretary, State of Florida Department of Co~munity Affairs; re National Community Development Week - April 1-?, 1991. xc: Nell Dotrill, Frank Brutt and filed. Notice of Public Workshop, Meeting and Proposed Rulemaking dated 3/5/91; from Florida Department of Environmental Regul&tton. xc: Nell Dotrill, Frank Brutt, Bill Lorenz and flied. Letter dated 3/14/91 to Chairman, Collier County Board of County Commissioners; from Jon M. Iglehart, Environmental Specialist, Florida Department of Environmental Regulation; cover letter with application re Collier County - WRR, File No. 111937235 Involving dredge and fill activities. xc: Nell Dorrlll, Frank Brutt, Bill Lorenz and filed. Letter dated 3/8/91 to Collier County Board of County Comamisstoners; from Tony McNeal, Engineer, Bureau of Coastal Engineering and Regulation, Florida Department of Natural Resources; re a Request for Public Comment, File Number: CO-311, Applicant: The Ritz-Carlton Hotels. xc: Nell Dorrtll, Harry Huber, Frank Brutt and filed. Page 54 March 26, 1991 Letter dated 3/8/91 to Chairman Goodnight, Board of County Commissioners; from W. R. Trefz, P.E., District Secretary - First District, Florida Department of Transportation; re Section 03001, SR 84, Improvements; Four-laning between County Barn Road and Santa Barbara Blvd. xc: BCC, George Archibald and filed. 10. Letter dated 3/11/91 to Chairman of the Board, Collier County; from Howard F. Russell, P.E., Awards Committee Chairman, Disney Development Company; re New Public Works Employee of the Year for the State of Florida and Annual Urban and Rural Engineer of the Year Award. Commissioner Goodnight, George Archibald, Mike Arnold, Neil Dotrill and filed. '11. Copy of letter dated 3/4/91 to Governor Lawton Chiles; from George W. Cole, P.E., President, Florida Association of Co~nt¥ EnGineers and Road Superintendents; re Local Government Assistance Program. xc: Commissioner Goodnight, George Archibald and filed. 12. Letter dated 3/8/91 to Chairman Goodnight, Board of County Commissioners; from Robert L. Patton, Controller, Collier County Tax Collector's Office; re distribution of current ad -.-valorem tax to the Board of County Commissioners and recap of ,~ -. year to data taxes. xc: Filed. Notice of Public Meeting and agenda for The Land Acqulsftton Advisory Council to meet on March 27, 1991 In Tallahassee. xc: Neil Dotrill, Frank Brutt, Bill Lorenz, and filed. Minutes and Agenda Received and Flied: Golden Gate Fire Control & Rescue District Agenda, dated 3/13/91 Marco Island Beauttftcation Committee Agenda, dated 3/5/91. 0chopee Fire Control District Advisory Board Meeting Minutes, dated 2/11/91. Collier County Planning Commission Agenda, dated 3/21/91. South Florida Water ManaGement District Agenda, dated 3/22/91. Notice to Owner/Preliminary Notice dated 3/6/91 from Randy Harris, Agent for Matt Stone Mfg., Inc.; advising that they have furnished 24x24xl 7/8 Charcoal Hydra Press; under an order given by Hartford South, Inc.; for the Collier County Health Services. xc: Nell Dotrill, Steve Carne/l, John Yonkosky, and filed. 16. Notice to Owner dated 3/7/91 from Karen Price, Agent for Actton IV; advising that they have furnished rental of construction equipment; under an order given by U.S. dredging; for Collier Co/US Dredging, Bond #1228334, Naples Florida, Wiggins Pass Dredging Operation. xc: Nell Dotrill, John Yonkosky, Steve Camell, and filed. 17. Notice to Owner dated 3/7/91 from Karen Price, Agent for Actton IV; advising that they have furnished crane and opera- tor; under an order Given by U.S. Dredging; for the Collier Co/US Dredging, Bond #1228334, Naples Florida, Wiggins Pass Dredging Operation. xc: Nell Dotrill, John Yonkosky, Steve Camell, and flied. Page 55 March 26, 1991 Notice to Owner dated 3/11/91 from Karen Price, Agent for Kent Blasting Inc.; advising that they have furnished ,.,'.~:~ drilling and blasttng for rock excavation; under an order ~.~ given by D. N. Higgins Inc.; for the Waste-Water Contra .~ ~'~:l,3&10, Naples Florida. xc: Nell Dorrlll, John Yonkosky, '. Steve Carnell, and filed. NotAce to Owner dated 3/11/91 from Karen Price, Agent for Allied Crane Service; advising that they have furnished crane and operator; under an order given by U.S. Dredging; for the Collier Co/US Dredging, Bond #1228334, Nap]es Florida, Wiggins Pass Dredging Operation. xc: Nell Dotrill, John Yonkosky, Steve Carnell, and filed. 20. Notice to Owner/Notice to Contractor dated 3/12/91 from Ellis K. Phelps Co., Inc.; advising that they have furnished lift station equipment, pumps, covers and control panel; under an order given by Manatee Underground Inc.; for the Wynde~ere Master pump station located and described as the end of Livingston Road area, northwest corner of the Windsmere PUD Section 19, Township 49 South, Range 26 East. xc: Filed. ~ ~q~L~0ll~:,F~Ot COLLXI !~XTO C011T1~OL DISTRICT C00~IIUZOII~!~, · A ' "' D. ~gl~OT_~_ AND F~ANCZS J. B~ See Page no further business for the Good of the County, the adjourned by Order of the Chair - Time: 6:15 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL AJ~CHAIRMAN .approved by the Board on or as corrected .." Page 56