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Recap 01/09/1990 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 9, 1990 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE' OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" IMMEDIATELY FOLLOWING THE ADVERTISED PUBLIC HEARINGS. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH / RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEDGE OF ALLEGIANCE 3. A~PROVAL OF AGENDA AND CONSENT AGENDA /PPROVAL OF MINUTES egular meetings of December 5th and 12th, 1989. 5. pROCLAMATIONS /"A. service awards as follows: Larry J. Brown, Road & Bridge - 10 years. Approvgd with change~s 5/0 Approved.as presente¢ 5/0 Not present, Thomas A. Donegan, Capital Projects - 5 years. 6. ADVERTISED .PUBLIC HEARINGS r BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition ZO-89-25, Community Development Division representing the County Board of Commissioners, requesting an amendment to Collier County Zoning Ordinance 82-2, by amending Section 8, supplementary district regulations, sub-section 8.12d, off-street parking: location, to add provisions prohibiting direct access to private drives from parking lot 1 January 9, 1990 Presented. ' i Continued to 2/i3/.c spaces or in the alternative require design standards. (Continued to February 13, 1990 meeting). CONTINUE TO 1/16/90 (2) Petition R-89-12, Kris Dane, of Coastal Engineering Consultants, Inc. representing Astron Development of Naples, Inc., (contract purchaser), requesting a rezone from "E" to "PUD" for a commercial development to be known as Astron Plaza for property bordered to the ngrth by Pine Ridge Road, to the east by Oaks Blvd., to the south by 10th Street, S.W., and to the west by 1-75 Canal/I-75, consisting of 7.6 plus or minus acres in Section 17, Township 49 South, Range 26 East, in Collier County, Florida. /sV(~) Petition No. R-89-8, George L. Varnadoe of Young, n Assenderp, Varnadoe and Benton, P.A., representing gnatore Co~%munities, Inc., Gerald F. Griffin III, President, requesting a rezone from "E" to "PUD" to develop a 592 unit multi-family project known as Four Lakes for property located at the southwest corner of the intersection of Davis Blvd. (S.R. 84) and County Barn Road in Section 8, Township 50 South, Range 26 East, consisting of 56.4 acres. (4) Petition PDA-89-12, Dwight Nadeau for William C. McAnly & Associates, P. A. representing Crystal Lake Joint Venture an amendment to Ordinance 84-73, which established Crystal Lake PUD; amending the table of contents and the cover page; adding a list of exhibits and a revised statement of compliance; deleting existing Section I, Statement of Compliance and adding a new Section I, property ownership and description; deleting existing Section III, property ownership and legal description and adding a new Section III, low density park trailer/recreational vehicle development; deleting existing Section IV, general development regulations and adding a new Section IV, commons/recreation area; deleting existing Section V, General development commitments and adding a new Section V, conservation area; adding a new Section VI, lake area; adding a new Section VII, buffer area; adding a new Section VIII, roads/right-of-way; adding a new Section IX, development commitments; adding the PUD master plan for property located on east side of C.R. 951, approximately 1/2 mile south of Immokalee Road (C.R. 846), in Section 26, Township 48, Range 26 East, Collier County, Florida, consisting of 149 acres, more or less; and by providing for an effective date. Continued to 1/16/90 Continued until the new Housing Ordinance is adopted. 4/1, (Commissioner Hasse opposed). Ordinance 90-1 - Adopted subject to amendment of the PUD and the deletion of Climate control re t enclosures, and the addition of deed restriction requiren regarding permanent occupancy. 5/0 2 January 9, 1990 /(5) Petition Z0-89-28, an ordinance amending Collier county Ordinance No. 82-2, the Comprehensive Zoning Regulations for the unincorporated area of Collier County, 'Florida; amending Section 7.8, A-1 - agricultural district, Subsection (b)91) to add aquaculture as a permitted principle use and structure; amending Section 7.8 (b)(3) to permit as a provisional use and structure the aquaculture of non-native or exotic species; amending Section 7.9, A-2 - rural agriculture district, Subsection (b)(1) to add aquaculture as a permitted principle use and structure; amending Section 7.9 (b)(3) to permit as a provisional use and structure the aquaculture of non-native or exotic species; amending Section Twenty, definitions, to a~end the definition of aquaculture; providing for conflict and severability; and providing an effective date. Ordinance 90-2 Adopted. 5/0 (6) Petition ZO-89-29, an ordinance amending Collier County Ordinance No. 82-2 , the Comprehensive Zoning Regulations of Collier County; amending Section 11, Board of Zoning Appeals: powers, duties and procedures, Subsection 11.l(e), provisional uses, amending Section 13, provisional uses, Subsection 13.3, Board of Zoning Appeals; providing for the requirement of four affirmative votes by the Board of Zoning Appeals for the approval of a provisional use petition; providing for conflict and severability; and providing an effective date. (1) Growth Management Regulations - Airport (Continued indefinitely). Plan Land Development Noise Zone Ordinance. Ordinance 90-3 Adopted. 4/1, (Commissioner Shanaha opposed). Continued indefinite CONTINUE TO 1/23/90 (2) Adoption of an ordinance amending the established Growth Management Plan for Collier County, Florida. (3) Petition SMP-89-13, Jack McKenna of Agnoli, Barber and Brundage, Inc., representing Monterey Associates, requesting subdivision master plan approval for the Villages of Monterey at Woodbridge for property located in Section 2, Township 49 South, Range 25 East, (northeast of Goodlette Road Extension). 3 January 9, 1990 Continued to 1/23/9 Reso. 90-5 subject to stipulations 5/' Petition AW-89-2, Albert Mader representing Lely Palms of Naples, requesting a waiver of separation requirement of 500 feet between places serving alcoholic beverages and schools, churches, parks and playgrounds to 150 feet, located at 1000 Lely Palms ive, Naples, Florida. Petition SMP~89-5, Bob Duane of Hole, Montes and sociates, Inc., representing The Shoppes at Santa rbara, Inc., requesting subdivision master plan proval for project known as "The Shoppes at Santa Barbara" located in the northeast quadrant of the intersection- of Dauis Blvd. (SoR. S4) and Santa Barbara Blvd in Section 4, Township 50 South, Range 26 East, 18.1 acres. Reso. 90-6 Adopted 5/0 Reso. 90-7 Adonted subject to amended agreement sheet. 5/0 7. DOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) FDPO-89-7 - Maritime Venture I, requesting approval of a five foot flood elevation variance from the minimum required base flood elevation of twelve foot to seven foot NGVD for the dry boat storage location within the Goodland Marina in Section 24, Township 52 South, Range 26 East. (Continued to February 13, 1990 meeting). (2) Petition V-89-17, Don Ebersbach requesting a 5.0 foot variance from the required front yard setback of 50 feet to 45 feet, located at 5485 Yahl Street and is further described as Parcel 84, J and C Industrial Park (Section 11, Township 49 South, Range 25 East). END ADVERTISED PUBLIC HEARINGS Continued to 2/13/90 Reso. 90-8 Adooted 5/0 B~ROVISIONAL USE (1) Petition PU-89-16, Robert and Judith Fowski requesting provisional use g of the C-3 Zoning District for mixed residential and commercial uses for property located at Lots 545 and 546, Isle of Capri Business Section, located in Section 32, Township 51 South, Range 26 East, and contains approximately .31 acres. ~.eso. 90-9 Adopted subject to A~reeme Sheet 5/0 4 January 9, 1990 8. PUBLIC PETITIONS 9. county ~AGER,S REPORT (1) Recommendation that the Collier County Board of County Commissioners approve the creation of two new planning positions in the Long Rang Planning Section of the Growth Planning Department and the transfer of $76,041.00 from the reserves for Fund 111 to the Long Range Planning Section budget. ~ Reso. 90-]0 Adonted 5/0; Source of fundin~ from Fund 113, and Staff to consider~ oossible alternative to contract out. B. T~UkNS p.Q~TAT I QN CONTINUE TO 1/30/90 (1) Recor~mendation to approve a plan for the interim opening of Center Street between the Pine Ridge Subdivision and Goodlette-Frank Road. Continued to 1/30/90 C. PUBLIC SERVICES WITHDRAWN: (1) Recommendation that the Board of County Commissioners approve and initiate an appraisal of two separate properties on Marco Island as a first step towards pursuing an exchange of properties and the phased development of an archaeological museum-park on the historic Otter House site at Caxambas. t ramp land exchange. Point D. UTILITIES E. ~'DMINISTRATIVE SERVICES MOVED FRO~ ' 14(E)~ (1) Recommendation to fix a date and place for a public hearing to consider awarding certificates of public convenience and necessity to McGaughey Busses, Inc., d/b/a MBI Tours, Sea Breeze Taxi, Inc., and Callahan's Airport Transportation Services, Inc. 5 January 9, 1990 Withdrawn Staff authoirzed, u~ ausoices of County ~ to attend January 2 auction to bid on C klin Site up to 100 of appraised value BluebilllSite; St~ to consider ne~oti~ with FDIC. 5/0 January 16, 1990 9:00 A.M. set for public hearinK. F. ~ERGENCy SERVICES MOVED FROM/ 14(F)(1) / (1) Recommendation to award a Certificate of Public Convenience and Necessity to Western ~ Gateway Volunteer Ambulance Service, Inc. Certificate awarded and $250 filing fee waived. 5/0 ~NVIRONMENTAL SERVICES COUNTy MANAGER (1) Request the Board of County Commissioners to authorize Housing and Urban Improvement Director to public notification of, and conduct two public hearings in the matter of the Small Cities Community Development Block Grant Program (Economic Development Category). Public hearinzs to be scheduled for Jan. 16, 1990 M 4P.M. at the Courthouse in Immokalee; and Jan. 23, 1990 ~ 9 A.~ at the Courthouse in Naples. 5/0 10. COUNTY ATTORNEY'S REPORT ~"~// A. Recommendation to approve payment of certain costs and statutory interest to Attorney Michael R. N. McDonnell. Aoorvoed 5/0 11. .CLERK TO THE BOARD'S REPORT A. Budget Amendments (1) Regarding matters not previously discussed: None. (2) Regarding matters previously discussed: 4. Tabulation of Contracts and Documents (as of noon previous Tuesday). BA's 90-63; 90-77; 90-79 and 90-82 Adooted 5/0 6 January 9, 1990 C. Analysis of Changes to Reserves for Contingencies. (1) General Fund (001). (2) Facilities Construction Fund (301). (3) Community Development Fund (113). 12. BOARD OF COUNTY COMMISSIONERS ADD: A. Recommendation to approve and execute a limited use license agreement between the Board of County Commissioners and the Collier County Agricultural Fair and Exposition, Inc., a Florida Corporation, which provides for the temporary placement of mobile trailers adjacent to the Collier County Fairgrounds solely for the purpose of living quarters for employees of the Fair. AKreement aooroved, and $200 fee waived 5/0. 13. OTHER CONSTITUTIONAL OFFICERS ~~ A. Tabulation system backup and upgrade (Supervisor of ~ Elections). Peso. 90-11~Adooted 5/0 Reso. 90-12 Adopted 5/0 B. Recommendation that the Board of County Commissioners apply for grant monies from the Department of Community Affairs for the Selective Traffic Enforcement Program. Approved 5/0 14. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. J/A. Community Development (1) To authorize the Chairman of the Board of County Commissioners to execute the quarterly status report for the Small Cities Community Development Block Grant Program. 7 January 9, 1990 Approved and/or Adonted 5/0 ,,) Recommendation hadowwood". to approve the final plat of w/s tipulat ion.s //~t~) Recom]~endation to grant preliminary acceptance of e roadway, drainage, water and sewer improvements for the final plat of "Audubon Country Club - Tract Reso 90-13 w/stioulations B. Transportation DELETE: (1) Recommendation to execute purchase agreement for the acquisition of right-of-way for the North Naples Roadway Municipal Service Taxing and Benefit Unit, (Livingston Road Parcel 24-67.01). Deleted. C. public Services (1) RecoI~nendation that Board authorize the signing of contract amendment with area agency on aging increasing community care for the elderly funding. D. Utilities  (1) Recommendation that the Commissioners award Bid #B89-1476. Board of County Witchell & Stark in the amount'of .' $853,112 E. Administrative Services (1) Recommendation to approve and execute an amendment to lease agreement between the Marsten leasing Corporation and the Board of County Commissioners, Collier County, Florida, which provides for a month-to-month tenancy. In the amount of $585/month MOVED TO 9 (E) (1) (2) Recommendation to fix a date and place for a public hearing to consider awarding certificates of public convenience and necessity to McGaughey Busses, Inc., d/b/a MBI Tours, Sea Breeze Taxi, Inc., and Callahan's Airport Transportation Services, Inc. (3) Recommendation to approve the sale of computer equipment (County Asset No. 85124) pursuant to Bid 89-1490. 8 January 9, 1990 To George Richmon in the amount of $200 F. ~merqen~y Services MOVED TO 9 (F) (1) (1) Recommendation to award a Certificate of Public Convenience and Necessity to Western Gateway Volunteer Ambulance Service, Inc. Enwironmenta% Services C) Recommendation~ that the Board of Collier County mmissioners accept a recycling and education grant om the Florida Department of Environmental Regulation and authorize the Chairman to execute the agreement. (2) Recommendation that the Board of Collier County Commissioners accept a waste tire waste grant and authorize the Chairman to execute the grant agreement. (3) Recommendation that the Board authorize the Chairman to sign a consent order issued by the Florida Department of Environmental Regulation. H. oun~ I. Miscellaneous Correspondenc~ (1) Certificate. for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. (2) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 89-3954-TM ($25.00), 89-972-MM, 89-1332,1333-TM ($25.00), 88-5675, 4050-TM ($25.00) 89-1071-CF ($62.50), 88-1600-TM ($12.50}. RECOMMEND APPROVAL. 15. ADJOURN BP-D-1/9/90 9 January 9, 1990