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BCC Minutes 11/27/1990 R Naples, Florida, November 27, 1990 IT BE REMEMBERED, that the Board of County Commissioners in ilfor the County of Collier, and also acting as the Board of Zoning and as the 9overning board(s) of such special districts as been created according to law and having conducted business ~eAn, met on th/s date at 9:00 A.M. tn REGULAR SESSXON in Building the Government Complex, East Naples, Florida, with the members present: 'ALSO PRESENT: CHAIRMAN: VICE-CHAIRMAN: Max A. Hawse, Jr. Michael J. Volpe Richard S. Shanahan Burr L. Saunders Anne Goodnight James C. Giles, Clerk; John Yonkosky, Finance ; Annette Guevin, Ellie Hoffman and Wanda Arrtghi, Deputy erks; Neil Dorri11, County Manager; Ron McLemore, Assistant County 'er; Tom Olliff, Assistant to the County Manager; Ken Cuyler, ~ty Attorney; Mike Arnold, Utilities Administrator; William Lorenz, L Services Administrator; Bob Blanchard, Growth Planning r; Barbara Cacchione, Project Planner; George Archibald, '}ortation Services Administrator; Frank Brutt, Community ~ment Services Administrator; John MadaJewskt, Project Review s Manager'; Ken Baginski, Planning Services Manager; Russell Shreege, Houstn~ a Urban Improvement Director; Bill Hoover, Bryan Ron N/no, Wayne Arnold, Eric Young, Bob Mulhere, Ron Lee and :Dave Weeks, Planners; Sue FA/son, Admin~strative Assistant to the .:~:.~: ard; ~d Deputy Byron Tomlinson, Sheriff's O~lce. m 01 Page CON~ENT AGENDA - APPROVED WITH CHANGES November 27, 1990 ¢o~misetoner Shanahan moved, seconded by Co~mlssioner aoodnight carrted unant~xr~sly, that the agenda and consent agenda be w~th the following changes: Item #8D - Charles Waggoner regarding The Village Place, Goodland. (This item was heard on 11/13/90 with instructions for review in two weeks.) - Added. (Requested by Staff.) Item #9A3 - Water Facilities Acceptance for Frannie's Teddy Bear Mvseum - Added. (Requested by Staff.) Item #14A4 moved to #9A4 - Request that the Collier County Board of County Commissioners Accept the Final Report of the Affordable Housing Task Force. (Requested by Staff.) Item #14B4 moved to #9B2 - Recommendation for Approval of an Agreement with the Developers of the Palmetto Ridge Subdivision for Partial Construction of the Willoughby Acres Storm Drainage System. (Requested by the County Attorney.) Item #SA - Leo J. Salvatorl, Representing Quarles & Brady Regarding Impact Fee Appeal - Continued. (Requested by the Petitioner.) Item #13A - Recommendation that the Board Approve the Attached'Agreement between the Board and the Sheriff's Office for Grounds Maintenance to be Provided as Defined in the Agreement - Continued. (Requested by Staff.) Item #14B3 - Review of the Glaze Management Study and Recommendation for Implementation of Organizational Improvements to the Transportation Services Division - Continued. (Requested by Staff.) Item #9A2 - Recommendation to Approve for Recording the Final Plat of Lely Resorts, Phase II - Requested to be heard on or about 2:00 P.M. REGULAR MEETING AND SPECIAL MEETING OF 10/9/90 - APPROVED Shanahan moved, seconded by Conlssioner Saunders and to approve the Minutes of the Regular Meeting and Lng of 10/9/90. DP, SI~NATING THE WEEK OF 11/26-12/2/90 &S HOME HEALTH UPo'n reading and presenting the proclamation to Carroll Johnson Haas, Co~m/ss/oner Volpe moved, seconded by Co---testoner Page 2 November 27, ~990 and c~Trted unantaou~ly, to adopt the Procl~t~on the T~eek of 11/26-12/2/90 u Hole He&lth ~eek. 01~0 ~ 09 Page 3 Novembe~ 27, 3990 DESIGNATING THE MONTH OF DECEMBER, 1990, AS ANERZCAN 'NJLPLE~-GOLDEN C~.TE KENORIJ~., POST 247, BLOOD DONOR MONTH - !'~iUpon Commissioner Hasse reading and presenting the proclamation to F~i~z Norp, Co~llesloner Shanahan ~ovsd, seconded by ¢onlee~oner Qoodn/ght and carried unant~ously, to adopt the Procla~ation the Month of December, 1990, u American Legion, Q&te Me~or~al Post 24?, Blood Donor Month. Page 4 ,~.. ' November 27, 1990 GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE , P.A., REPRESENTING OFC OF NAPLES, INC., REQUESTING A !~ZOII~ FItOPIA-2MH TO GC FOR A GOLF COURSE AND ACCESSORY USES FOR DOCATED ORE MILE SOUTH OF IMMOEALEE ROAD AND TWO MILES EAST C.R. 951t CONTAINING 551.97 ACRES - CONTINUED TO 1/15/90 '.i..Legal notice having been published in the Naples Daily News on 3, 1990, as evidenced by Affidavit of Publication filed with , public hearing was opened to consider Petition R-90-23, ~led by George L. Varnadoe of Young, Van Assenderp Varnadoe and P.A., representing OFC of Naples, Inc. requesting a rezone !Ah2NH to GC for. a golf course and accessory uses for property 'one mile south of Immokalee Road and two miles east of C.R. g 551.97 acres. Milk, Planning Services, stated this proposal contemplates .opment of two private, 18-hole golf courses, encompassing 286 s~?a seven acre golf club site, containing a 20,000 square foot facility with a 200-seat private restaurant~ a golf course facility, a two acre STP area, 45 acres of lakes, 206 of wetland conservation and a two acre internal roadway. He the proposed golf course, club membership and support staff will 'for approximately 670 people. He indicated the subject pro- ~'i;~s designated as agricultural rural and under the Growth ement Plan, a golf course qualifies as a recreational use per- within this type area; therefore, Staff has concluded that this is consistent with the FLUE of the Growth Management Plan. ~e)~concluded that the CCPC heard this petition' on 10/4/90, and by a .of;.6/1, forwarded it to the Board of County Commissioners with a ltion for approval, subject to Staff's stipulations. Commissioner Hasse questioned if Immokalee Road will be impacted ~°ple ~tilizing this facility? stated there has been some confusion between Staff and regarding where the accesses are proposed for this pro- ~l. He' explained that the petitioner would like access through an of Vanderbflt Beach Road, therefore, Staff has reviewed the Page 5 November 27, 1990 .only from that access point in regards to traffic, planning ;ect review impacts and has stipulated that the petitioner use proposal only. ioner Hasse mentioned that Vanderbilt Beach Road is not in that area. ?Mr'. Milk agreed, adding it ts classified as an arterial roadway at the intersection of C.R. 951. He said there are currently no Coullty road improvement plans for the extension of Vanderbilt Beach t°~.the east. r to Commissioner Volpe, Mr. Milk stated that all property [e south of the project is Golden Gate Estates and there are rural streets that exist there to provide access to the of Golden Gate Estates. He said the road right-of-way northward through the Cypress Canal to the southern boundary Subject property. ;i'Commisstoner Volpe inquired if Staff has analyzed 23rd Street NW to this project7 Mr.' Milk indicated it was not analyzed, but was noticed. He ed that the petitioner's application requests extending Beach Road, which is what Staff concentrated on. Commissioner Volpe commented in order to get to the property from south, the Big Cypress Canal would need to be bridged ilk added that would also require permitting from the Big ,ress,~, · ..Water Basin. He said there are a few options available, Staff supports access on Vanderbilt Beach Road to the west Commissioner Shanahan questioned if the petitioner is planning to that road from C.R. 951 to their property? ~Mr'.' Milk advised it would not necessarily be extended from C.R. l,~rather from a point where the County develops the road up to the ~rl plant. loner Saunders referred to the cost sharing of the road, asked if Staff is suggesting the petitioner pay for the portion of from the water plant up to his property or also pay for a pot- Page 6 November 27, 1990 ~ to the plant? iMi~e Arnold, Utilities Administrator, said the question is which Ll.!.Come first, the golf course or the water plant. He said there · be an opportunity to explore cost sharing because of the ma~or In developing this road. At this point in time, he said, he .~.no. direct discussion with the petitioner, however, they have requested by letter to identify if they have acquired any ease- along that alignment. i~Commtestoner Saunders asked if there are any alternatives to 'the water plant, to which Mr. Arnold stated there are none. Dner Volpe commented another Issue is at what point tn ts the roadway to be completed. He said Staff ts recommending road be completed and improved prior to issuance of building per- for the golf course. He indicated it is for that reason the has refused to sign the recommendations, not that they are to share in the cost of building the road. MrJ Milk stated the concern ts that currently, there is no access the: site and at some point tn time, the petitioner will have to bridge a canal or go through a Site Development Plan (SDP) for 'tneertng specifications to obtain a right-of-way or access to the He said Staff ts proposing the petitioner access to the west, through a SDP process, and ensure It has gone through all proper and ts approved by Staff. He reported his desire to tie the loner Into an access that Staff can examine and approve through SDP, because this petition will not be reviewed again by the · In response to Commissioner Volpe, Mr. Milk stated there will be treatment plant for the golf course facilities, however, are two scenarios regarding water. He said once the water plant , . the petitioner can either extend a line for two miles to the ~lant or they can dig their own well facility and have their own ~tte;'water plant. pointed out that this property lies outside the Page 7 November 27, 1990 of the Collier County Water/Sewer District, requiring a spe- ['..agreement for the County to supply potable ~ater to the lUhhouse. Reynolds with Wilson, Miller, Barton & Peek, Inc., indicated jthe project planner for the petitioner. He emphasized that the land use intensity is extremely low, the plan is carefully to integrate with the environment of the site and all g property owners welcome this addition to the Golden Gate community. He said the petitioner has stated from the that the intent is to access this property from an extension ~lt Beach Road. He stated the only point of discussion to access is that the property currently has public road access from any number of streets in Golden Gate Estates. He said the prefers to access from Vanderbilt Beach Road because it is more direct access point to the property. He said the details of sharing cannot be stipulated at this time because there are a 'of variables outstanding. He reported one of the variables is County's condemnation for the water treatment plant site and the · they will need to serve that property. He mentioned another ks the pet~tioner does not yet have in hand all the necessary :s from the intervening property owners, although there is no 'eason..to believe they will not be able to secure them. He said this is only the first step in the process, and the petitioner it is appropriate for Staff, during the SDP process, to pulations regarding access. .Commissioner Volpe related that as part of the rezone process, the .mst be satisfied that there will be adequate access to the pro- and the petitioner needs to provide an agreement up-front as to will be accomplished. ~F. Reynolds reiterated that the petitioner agrees that the most ~riate access will be from Vanderbilt Beach Road, but does not to agree to that as a stipulation at this time, which will cut ~the current public access until all the proper easements have been Page 8 November 27, 1990 ~,.~ d. Commissioner Goodnight suggested including a stipulation that if reason, the petitioner is unable to access the property by Vanderbilt Beach Road, the petition will be brought back to review. loner Saunders commented that if the rezone is approved at meeting without stating where the access point will be, it wlll ~dtfficult at some point in the future to deny the petitioner an :e access should it become Impossible to extend Vanderbtlt Road, because the rezone has already been granted. He asked the county Attorney if the rezone is not granted, can the Board refuse to the petitioner from accessing the property through the streets s°i'den Gate Estates? y Attorney Cuyler replied that unless Transportation Services :rator Archibald has some reason to deny that access, the Board County Commissioners generally would not get involved with that. Commissioner Saunders pointed out there ts no reason to hold up c{rezone to prevent certain types of access when the Board is required to provide access anyway. ~ Commissioner Volpe questioned if the Board would approve this ~e~ition if the only access would be through the rural Golden Gate He Indicated his belief that there would be serious reser- by a majority of the Board to doing that. :' ,Planning Services Manager Bagtnskt stated that Staff would not ,recommend approval of this project if that were the case. He ~lalned that Staff does not feel it is appropriate to bring in external traffic through rural, residential areas, even for a /ow use golf course. He clarified Staff's concern that although )etttioner intends to extend Vanderbilt Beach Road, the intent ,. not provide a definitive point in time for completion of that ienelon. He said the petitioner makes mention of a reasonable time ?which As also undefined. loner Ooodnight communicated that Staff seems to be saying Page g November 27, 1990 it~f this petitioner were asking for a rezone with access from Gate Estates roads, they would recommend denial, even though if :property were developed under current zoning, the intensity of use roads would be greater. Baginski stated Staff is not suggesting the proposed land use ~..be detrimental to the area, and in fact ts recommending approval ,'~his project. He said the only question is what is the appropriate access to the site. C0mm~ssioner~.. Hasse asked what the hold up ~s on obtaining the :s to extend Vanderbilt Beach Road? . Attorney George Varnadoe, representing the petitioner, stated that tll property owners have been verbally contacted, however, the paper- has not yet been completed. He proposed a stipulation that if are not available for the proposed access prior to SDP appro- , arl¥ alternative access points will be subject to Board of County icomm~ssioners~. .... approval during the SDP process and to necessary stipu- and conditions He also commented the petitioner ~s in total agreement with Staff that this rezone should not be approved if the r, access ,~! ~ere from the south. !~'iCharlotte Westman, representing the League of Women Voters, Indi- an's', her concern regarding the amount of water that will be used for arlother golf course in Collier County She stated her belief that developer for this project has been endeavoring to affect a plan is positive and fits into the natural resource scheme, however, does not want to see more problems added to the mistakes made in '~.past regarding water supply and quality. Henderson spoke on behalf of the Olde Florida Club, stating '.~s a resideltt of the Golden Gate Estates area in question regarding ire access. He commented that the improvements that would be by having access to an exclusive Golf club will enhance the area ,',concluded that the petitioner should have the alternative of using 'public access roads. Page 10 November 27, 1990 George Keller, President of the Collier County Civic Federation, o~municated that if the Board approves this petition at this meeting, project will be locked in. He added his concern with the posslbi- !~iof using public access roads for the construction of the golf , stating a provision should be required for the extension of it Beach Road prior to starting any construction. Attorney Varnadoe, in addressing Mrs. Westman's concerns, com- that Staff has included several stipulations which the peri- :loner has agreed to, which state that this approval is for rezone only, and detailed site drainage plans, and water management .lans must go back to the WMAB for approval prior to any construction. He.said the plan that has been developed will help recharge the in the wetlands areas, and will recycle the water from the axxal onto the golf course and back into the canal with a minimum loss in the process. Volpe remarked that the Board has procrastinated on g a wellfield protection ordinance because it will have impact on development in zones of influence. He inquired flthis particular rezone will impact that ordinance? Mr. Arnold responded that the ordinance is not yet in place, if development should be precluded on the basis of a ordinance? Commissioner Volpe clarified that he is not suggesting precluding , however, if the ordinance were in place, the Board would limited in terms of allowing this particular rezone. He asked if, ~ter this petition is approved, and Collier County adopts a wellfield ection ordinance that includes this 550+ acre tract, has the Board something it should not have? Attorney Cuyler responded that once the ordinance is it will be difficult to go back and take into account pro- it~' that have been developed or are under development at that time. ~Commissioner Volpe commented that the Board should possibly pro- for something tn anticipation of the ordinance that the County is Page 11 ~: · · '" November 27, 1990 have. Mr., .ArnOld indicated that may be an issue to be addressed during process. Ron McLemore, Assistant County Manager, stated that the wellfield Ion ordin~nce is not intended to preclude this t~pe of develo9- unless there ts definitely a contamAnatlon issue. He added that ro~a Sewage point of view, if there As the potentAal for con- ~on,-ther~ can be mitigation requirin~ effluent to meet certain Co~issioner Hasse asked if it is Staff's opinion that this rezone lld no~ be'approved until the issue of access from an extension of Beach road is settled? Mr. Milk replied that at the Staff level, they are looktn~ for :hat assurance, however, the CCPC aDgroved Mr. Reynolds' lan~age that ~'al~ernat~ve ~ere necessary, it could be looked at during the SDP Shanahan ~nmd, seconded b~ Co~misstoner Goodnight unanimously, to clo.e the ~bl~c he~ng. ~';[, ~ee~r Vol~ ao~d, to appr~e Petition R-90-23 w~th the ~t t~ ~t~t~er s~ll ac~tre or establish t~t they access e~nte for the proceed extension cT V~derb~lt ~or to receiving ~t~d~g ~t~; ~d ~to ~n the d~lo~r ~d the C~ re~d~ng ~table l~h~ d~s~s~on, the ~ot~on died for lack of a second. ' C~~r S~ders ~ed, seconded ~ Co~lesloner Vol~ ~d [~~~~ly, that Petition R-90-23 be continued to J~ 15, ~ng t~t ~et~ng, Staff w~l eval~te ~ ~rth ~d .~th of the s~te ~d c~ce~tng Cl~k ~f~ r~lac~ ~ Clerk ~n HOUSES OF WORSHIP INFOI~MATIONAL SIGNS IN MARCO ISLAND - STAFF TO ~VALUATE ~EQUEST AND MAKH TO THE BCC November 27, 1990 Nr. Samuel Turiel, Vice-President, Marco Island Clergy ~, requested approval relative to rights-of-way permits for regarding the 11 houses of worship on Marco Island. He ~latned that the three 4' x 8' signs will serve a dual purpose by ~lcoming visitors to Marco Island and extending a welcome to al! of of worship. .Turiel advised that the three proposed rights-of-way are: ,l!~er~ Blvd., west of the Marco/Naples Bridge with the sign facing ~,~: so that it could easily be read by those driving west; the inter- of Collier Blvd. and SR-92, east and adjacent to the Resident's Beach fence; and the last sign would be located either jaCent to the Sun Bank Building or the Royal Palm Wall Building at ~ction of Collier Blvd. and Bald Eagle Drive. He reported :h~ the Marco Island Chamber of Commerce and the Marco Island Hotels .... ::~. the placement of the proposed signs and have agreed to provide .houses of worship brochures to indicate addresses, phone numbers, s-of services. el revealed that the proposed signs will be prepared by gn Craft of Naples. He stated that the Marco Island Clerg~ ~tton is respectfully requesting that the Commission waive the '~gn,.perm~t and rights-of-way fees for the proposed signs. He indi- cated that he is hopeful that the County's Community Services ~artment will assist in the placement of the signs. Comm%tnity Development Services Administrator Brutt advised that he. Sign Ordinance does not include a Section relating to community 1 signs. He noted that these types of signs are often seen areas, identifying the service clubs and churches and listing of the services. He noted that Mr. Turlel is requesting 4' ~gne, but Collier County,s Code allows a maximum of a 12 square )~t~information s~gn. He stated that there is nothing in the.Sign which deals with this particular type of community ~nfor- ~. gn, and therefore, the Commission has the d~scretion to staff to investigate this issue. 000 21 Page 13 November 27, 1990 i[.Co~missionsr Saunders mentioned that this request raises several lsuea tn his mind and feels that staff needs to review same and ~ort back to the Commission on the following: will the approval of community information sign require approval of the same types of ~tgn~ to indicate i.e., hotels/motels; and the waivers of sign spe- '.ifications and l, ermit fees. Turiel replied that he feels that the basic distinction is not as opposed to organizations that are for profit. Mr.. Olliff a~vised that in the past, many other not for profit of groups have approached staff with regard to the same types of and they were informed that the Sign Ordinance does not allow i:stgns of that nature or size. :!Co~eLimione=, Saundere u~mved, seconded by Conmtseioner Volpe that ., thio request and the issues raised by sa~e and provide to the Co~ieeion. i. Commissioner Saunders stated that his motion may require that come back to the Commission with changes to the currexAt Sign rdinance .. Commissioner Shanahan indicated that he would like to find a way ' accommodate this situation, if at all possible. He declared that .language in the Sign Ordinance which speaks to public service "and hopes that the direction to staff will result in accommo- this request. Upon call for the question, the ~otion carried unantml¥. KEPOltT OF THE AFFOI~DABLK HOUSING TASK FORCE - ACCEPTED AS Mr. Fred Thomas, Chairman, Affordable Housing Task Force, called ion to Page 36, first Paragraph of the Report, and noted that Appendix C", should be deleted. Mr. Thomas explained that when the committee undertook this task, apparent that the situation could not be approached by .ookAng at an affordable dwelling or an affordable house, but rather Page 14 November 27, 1990 at the people involved. He called attention to the focus '~d~ntified in the Definition of Affordable Housing: "The target for the County's affordable housing effort should include ver~ low, low and moderate income families, using the HUD defi- ~tion, who are living in sub-standard housing, over-crowded housing paying more than 30~ of their income for shelter or rent, ¢o.~m~. ting from out-of-county for more than 30 miles because of a affordable housing." 'Mr.:Thomas stated that the recommendations of the Task Force the fo/lowing: 1. · Establish a Collier County Housing Trust Fund ~.'2. Reform Regulatory and Administrative Practices. .' 3. Establish an Affordable Housing Commission. ..Mr..Thomas affirmed that the affordable housing situation in 0ollier County is critical, and requested that the Commission accept as provided by the Task Force and recommended that imme- .ate. stags be taken to make Collier County an affordable community all of the citizens. 'In answer to Commissioner Shanahan, Mr. Thomas stated that three ago, it was projected that the 4§¢ per $100 with respect to the / try stamp surcharge would result for commercial properties ~l°ne, in approximately $3 million per year He indicated that recent tslation has been amended so that this now covers all properties are not covered under the Homestead Exemption, and therefore, than $3 mi/lion will be generated. .Commissioner Volpe asked what the overall number of affordable ;~ng units will be for the next 5 years, to which Mr. Thomas iliad'that 5,000 units per year over the next 10 years will be :dJ6B2 ' Sh~nahan~oved, seconded bF C~mtastoner SamSara and ~1¥, to accept the final report of the Affordable Force, a~ altended. ,90--83, RE PETITION R-90-9, KRIS DANE OF COASTAL ENGINEERING 'INC., REPRESENTING THE FOUNDERS CORPORATION, INC. REZONE FROM A-2 AND A-2ST TO PUD FOR 'ARETE~ LOCATED ON TH~ Page 15 November 27, 1990 NORTH OF U.S. 41 - (COMP&IqZON TO Legal notice having been published in the Naples Daily News on iN~Vember 6, 1990, as evidenced by Affidavit of Publication filed with ' i:'Clerk, public hearing was opened to consider Petition R-90-9, by Kris D~%e of Coastal Engineering Consultants, Inc., repre- ing the Founders Corporation, Inc., requesting a rezone from A-2 A-2ST to PUD for single family dwelling units, golf course, and related uses, to be known as "Arete" for property .ocated approximately 5.5 miles north of the intersection of SR-951 U.S. 41, consisting of 240+ acres (Companion to SMP-90-21). ~ Nino stated that this petition is a companion to Item 6C2, $MP~90-21. He indicated that the Arete PUD is located on the west of CR-951, midway between Rattlesnake Hammock Road and Davis B°~levard. He explained that the proposed rezoning is intended to the development of an 18 hole golf course and supporting ~e, and private residential community. He noted that 48 resi- units are proposed. Mr.' Nino advised that this petition has been reviewed by all ~ agencies, and has been deemed to be consistent with the Management Plan. stated that great care hap been exercised to preserve the wetlands and other environmental attributes of the He indicated that staff believes that this is a good plan, and CCPC concluded that this is a good development and unanimously approval of same. regard to the SMP aspect of this petition, Mr. Nino advised ,three tracts are being created in addition to a tract that the general course of the road. Ne explained that there are :ed internal roadways on this property and some exceptions addressed tn the .PUD document that relate to the subdivision plan. He noted that the essential issues that traditionally tO the attention of the Commission is a request for reduced Page 16 November 2?, 1990 and a request for reduced pavement lengths. He remarked :it is staff's position that those exceptions should be granted this subdivision is a /ow intensity useage. i'.Mr. Nino pointed out that the stipulations include a condition the petition must show, at the time of development, that the ld of average daily traffic movements is below a certain level 'to staff agreeing to the reduced right-of-way width and the Teduction of the pavement width. He revealed that there is no y for an agreement sheet since the stipulations are included PUD document. He affirmed that Staff endorses the rezone and In answer to Commissioner Shanahan, Mr. Nino replied that there is .specific identification as to whether the single family detached or the guest cottages will be built first, but noted that there four year phasing plan. ~oner Volpe questioned how the irrigation for the golf will be provided. ~-~:~.." ..Chris Dane of Coastal Engineering Consultants, Inc., repre- ,'. The Founders Corporation, advised that a hydrogeologic study the area has been performed includ~ng pumping tasks and noted that !e~r~es of four or five wells will be used to draw irrigation water. Mr. Ntno pointed out the fo/lowing minor changes that need to be : the closure statement in the ordinance is incorrect since it not include the "passed and duly adopted" language; the number of units per acre that the project is addressing will be added the statement of compliance- Section 6.6 Item "C" of the PUD docu- regarding the Exemptions, should include ""as shown on the SMP". · 'Charlotte Westman, representing the League of Women Voters of lief County, voiced concerns with regard to water and another golf within the County. She indicated that if irrigation is to be as described by Mr. Dane, there will be a reduction in the ou~ld water level and will affect the quantity of water in Collier Page 17 ' ':!~ * November 27, 1990 : stated that this project is in a sensftive area which has off-site drainage problems. Mr. Nino affirmed that the stipulations recognize that this is an 1¥ environmentally sensitive area and many activities will need place which include a great deal of review of the construction prior to permitting of the project. He advised that from a land ,. of vie, staff does not object since it is consistent with Fran Stallings, representing.the Conservancy, read into the r dated November 21, 1900, addressed to Mr. Donald of the U.S. Army Oorp$ of Engineers, indicating that the formerly objected to this project, but subsequent to the ~Jectton,. the applicant has re-designed the project and prepared a tgatton.: plan to balance the loss of the wetlands and has taken to enhance the pine flatwoods which are critical to the red- ockaded woodpeckers foraging in the area, and announced that they now .the project. were no other speakers. Cc~atA~stoner Saunders ~ov~d, seconded by Commissioner Shanahan and to close the public hearing. Cm~aiuloner Shanahan moved, seconded by Commissioner Volpe and i~ousl¥, that the Ordinance as numbered and titled below ,:lm~C~:~tle~ and antlred in Ordinance Book No. 4! subject to the PUD and PXmm documents including the a~endments to the stipulmt~ons: ORDINANCE 90-83 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER §0-26-2; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND A-2ST to "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "ARETE" FOR SINGLE AND MULTI-FAMILY DWELLING UNITS, GOLF ~'. COURSE, CLUBHOUSE AND RELATED USES FOR PROPERTY LOCATED APPROXIMATELY 5.5 MILES NORTH OF THE INTERSECTION OF S.R. 951 WITH 'U.S. 41 ON THE WEST SIDE OF S.R. 951, LOCATED IN SECTION 10, ;.:~'.TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ~CONSISTING OF 240± ACRES; AND BY PROVIDING AN EFFECTIVE DATE ~'"869, RE P~TITION SMP-90-2I, BLAIR A. FOLEY OF COASTAL CONSULTANTS, INC., REPRESENTINQ THE FOUNDERS CORPORATION, SUBDMSIONMASTERPLANAPPROVAL FOR ARETE, LOCATED ON THE :. ~E~T .~IDE OF CR-95X~US-41 ICOMPANION TO R-90-9~ - ADOPTED AS AMENDED 0~PAS[ 26 Page ']8 November 27, 1990 ~e having been published tn the Naples Daily News on "I1,' 1990, as evidenced by Affidavit of Publication filed w/th · public hear/ng was opened to cons/der Petit/on SMP-90-21, b~ Bla/r A. Foley of Coastal Engtneer/ng Consultants, Inc., Subdivision Master Plan approval for Arete-An Equity Golf )~"i:l~cated on the west s/de of CR-951, approximately 5.5 miles the CR-951/US 4! /ntersection, cons/sting of 240 acres, Petition R-90-9). !discussion regarding this Item was held /n conjunction with R-90-9, as noted above. Savnders ~oved, ~econded by Co~issioner Shanahan ~d to clo~e the ~blic ~tng. '~ly, to a~r~ Pet~t~ S~-90-21, ~bJ~t to all the ~ts ~ dLs~sed Ln c~J~ctlon w~th t~ ~pt~ng~lut~ 90-569. 27 Page ! 9 ~;:il '. November 27, 1990 O~DI~%~'~ 90-84, l~ P~TITION R-89-19, ROBERT L. DUAI~ OF HOLE, MONTES ['i& a-~)CY.~T~, ~'NC., P-~PRI~$~NTING WALTER T. DONOVAN, R~QU~STING A ~ ~ &-2 TO PUD TO B~ KNO~r~ AS TH~ DONOVAN C~-NTER -' ADOPTED AS !i,'iLegal notice having been published in the Naples Daily News on November 6 I990 as evidenced by Affidavit of Publication filed with Clerk, public hearing was opened to consider Petition R-89-19, by Hole, Montes & Associates, Inc., representing Walter Donovan, ~ting a rezone from A-2 to PUD to be known as the Donovan Center. Colissioner Volpe advised that he has a small beneficial interest the property located in the southeast quadrant of the 1-75 ~ ' ge, and therefore will abstain from voting. County Attorney Cuyler stated that Commissioner Volpe may par- :tpate in the discussion if he so desires. Planner Nino indicated that the proposed project is located in the Southwest quadrant of 1-75 and Immokalee Road, and is bound on two sides by existing PUD's. He noted that the Commission recently ,roved the PUD rezone for Breezewood and the access for this project through the Donovan PUD Nino explained that this petition has been reviewed by all )ertinent reviewing staff and is found to be consistent with the pro- of the Growth Management Plan. He reported.that if approved, proposes 250,000 SF of retail or office development; :el/motel at 26 rooms per acre; and 140 residential dwelling units ocated in the south half of the PUD. He noted that the southern pot- of this PUD lies within the one mile circle around activity centers which qualifies the project for 3 additional units per acre. /Indicated that the base density is 4 units per acre, but the addi- ~lal.S tlnits will result in a total of ? units per acre. He advised the land area for the residential units consists of 20 acres. Mr. Ntno disclosed that water facilities will be provided by County and sewer facilities will be through a package treat- Plant. ,.?( , He indicated that all stipulations have been incorporated 30 Page 20 " November 2?, 1990 ~thepUD document to the satisfaction of staff thereby el/mi- ~Ang the need for an agreement sheet. Mr..Nino affirmed that Collier County Planning Commission reviewed !,.~' on November 1, 1990, and unanimously recommended appro- '~8ane. Mr. Nino pointed out that staff has expressed concerns with regard :o"an aesthetic access to the property and noted that the PUD provi- des. for 30' of landscaping on the lots that front on Immokalee Road. f<<Commissioner Volpe questioned whether the petitioner has made a i!Cor~itment to dedicate the additional right-of-way if required, for ~,t four-laning of Immokalee Road, to which Mr. Nino replied affir- i~ativel¥. Commissioner Volpe noted that Page 14, Item 5 states that right-of-way shall be provided but does not say how it will be · Mr. Eino advised that he reads that stipulation to mean at the time of SMP or SDP staff would determine that additional as a condition of approval to those plans. ~i?.Mr. Robert Duane representing Mr Walter Donovan, stated that his anding is that the design of that roadway is essentially )lete'and al/ the right-of-way has been acquired, but if this is case, his c/tent is willing to make a contribution for that He advised that ample provisions have been made in the ).lan for sufficient setbacks in order to accommodate any expansion of y Attorney Cuyler stated that th~s language will be tightened a bit, and Mr. Duane voiced no ob~ection to this. !~......Mr. Duane revealed that the access to the property is from one ~..- access point and there is access to a median which lines up the entrance road. He noted that an existing frontage road was for by the DOT to provide access to the Breezewood PUD and an 'paresI that As not part of this development. He reported that the standards as contained in the Zoning Ordinance have been ~11¥ exceeded and provisions have been made for a ~0' buffer along Immokalee Road, and there will be a maximum of Page 21 ~.,:L, (, . November 27, 1990 Parcel's along the 900f frontage. He explained that provisions ~;,been,made for 15' along the edge of the boulevard in addition to for pedestrian access. Gary Beyrent stated that he has an out parcel on the front of .and noted that his concern Is that he may have a difficult ~ustng'hts. parcel in the future since he has no sewer facilities. that Mr. Duane has Just assured him that sewer wlll be th~ Donovan system since those lines are running across °f:htS property. *- Mr. Ntno reminded the Commission, that the closing statement of or~!nance needs to be amended to reflect "dul¥ passed". were no other speakers. Sbenahan moved, seconded b~ Comatsetoner Saunders and ~/O (Co~atntoner Volpe ab~tatned), to close the public 4/0 (Comndeetoner Volpe abstained), that the Ordinance u nu~- t~tl~ below be adopted and entered tn Ordinance Book No. ~ect to the recon~endattone of the Collier CountFPl~tng an~ the amendments re~ardtng the language of the right-of- an~ the closing ~tate~ent of the ordinance: ORDINANCE 90-84 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 T~E COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8630N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNONN AS DONOVAN CENTER FOR RESIDENTIAL AND COMMERCIAL USE FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF 1-75 AND IMMOKALEE ROAD {CR-846}, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 47± ACRES; AND BY PROVIDING AN TIVE DATE. 'Page 22 '12:40 P.M. - [%~'~ed: 1:20 P.M. at which !~ti~e:.De~mty Clark &fright replaced Deputy Clerk ~of~ *** ~ZO~ ~ A-~ ~ C-4 TO C-4 FOR ~ O~IC~ BUILDING ON November 27, 1990 :: Legal notice having been published in the Naples Daily News on 24, 1990, as evidenced by Affidavit of Publication filed with Cl~rk, public hearing was opened to consider Petition R-90-22 :by Thomas [tllen of the Killen Group, representing Dev-Tech , a Florida Corporation, requesting a rezone from A-2 and 4%:to C-4 for an office building on property located on the North Walke'rbtlt Road, 250 feet West of the North Tamiamt Trail in ~.21, Township 42 South, Range 25 East consisting of .94 acres. : Hoover explained that the subject Petition ts requested in build a 10,800 square foot one-story office building He [zed"that the western two thirds of the property ts zoned A-2 eastern: one third ts zoned C-4 and ts not within an activity :erj;;;:'.:By referring to the map, Mr. Hoover indicated that the pro- rty has commercial zoning on three sides and is designated as urban ~zse on the future land use map. He advised that because of the ~ff commercial surrounding the property, it does meet the basic zoning criteria relating to the traffic generation and the .½ding square footage. He Informed that one other specific criteria in';the Comp Plan states that the maxtnnlm size in property width can be where the subject property ts 242 feet; however, 72 feet of ';is.already zoned commercial, and the Planning Commission "'to recommend that the Board of coUnty Commissioners [illen of the ~tllsn Group, representing Dev-Tech ,"explained that when the property was purchased it was not one section of land was zoned A-2 and the subject Petition that oversite and make the entire parcel of land con- Page 23 November 27, 1990 w~th ~ts surroundings. He pointed out on the displayed map -~, is some dispute as to where exactly the boundary line of ). land is and would like to have noted for the record that if petition is approved, the entire parcel of /and ~n question ! commercial. response to Commissioner Volpe, Planner Hoover affirmed that to of the subject property is an approximate 200 foot wide .-, .A-2 property which then goes into a mobile home rental park i~i~iab°ut 125 units. Mr. Killen signified that to the South ts the bsa chway .' ' Comm~ssioner Volpe's concerning and increase of traffic Klllen stated the shopping center is off U.S. 41 with a ~lete network of roads into the entire development. Mr. Hoover that the Transportation Division does not see a problem of i for Walkerbtlt Road. commissioner Shanahan question if there is any problem t~ith the 'and sewer hydraulic capacity since it is noted in the Staff Project Review Manager MadaJewski commented that this is a :andard stiuulation and will be found in all stated conditions ~,,~ each applicant is required to demonstrate when going through ? .Development Review that adequate services are available ~-.. :. Shanahan ~oved, seconded b~ Commissioner .. ~/~ly, that the public hearing be closed. ~.~~one~ Shanahan ~oved, seconded b~ ¢o~-ies~oner Saunders ~n~l¥, that the Ordinance as numbered and t~tled b~eudopted ~nd entered ~nto Ordinance Book No. O~DINANCE 90-85 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8521N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTH SIDE OF WALKERBILT ROAD, WEST OF TAMIAMI TRAIL (U.S. 41), IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA, FROM A-2 TO C-4, FOR AN OFFICE BUILDING; AND BY PROVIDING AN EFFECTIVE DATE. 000 38 Novembe~ 27, 2990 I~O. ~)-.-570 RE P~f~TION AV-90-022, EDIXON ENGINEERING, INC. ~1~, ~TALIE ~, ~ST~NG VACATION OF ~ ~ ~ ~ L~ ON ~ ~ON 0F LOT 65 OF ~ ~T OF Legal notice having been published ~n the Naples Dail~ News on r 11 ~d November 18 1990, as evidenced b~ Affidavit of ~bl~catto~ f~led with the Clerk, public hearing was opened to con- Petition AV-90-022 f~led by Edixon Engineering, Inc., agent for :~ , POrter, ~e~estfng vacation of the twenty foot drainage ease- ~ on a portion of Lot 65, Naples Improvement Company's Far~, as recorded in Plat Book 2 Page 2, of the ~bl~c ~ReCords of Collier Cowry (Shamrock P~nes). {Tr~sportation Services Administrator Archibald stated that the ect'.Pet~t~on ~s re~ested for vacation of a drainage easement ~:PaSses through the center of a parcel of property within Lot 65 t~ Plat of Naples Improvement Company,s L~ttle Farms. He spe- ~C~f~ed that the location of the requested vacation ~s at the northeast f;. .... of Shady Rest Lane ~n the North Naples area. He explained that ~se of the re,est is to al/ow the property o~er to develop ~- · ~d place a circular parking area ~n the center of the parcel property which would cross over the drainage easement. He related the Petitioner is offering a replacement easement consisting of l~d than the requested vacation easement and w~ll serve the same He added there there will be no change tn density of the which is zoned ~F-6 and fs planned for 16 units on 2.6 ~ . He pointed out that the subject property fs consistent to the ;?'~"ld~ng area. to Co~lss~oner Volpe, B~ll Edtxon of Edixon atated that the property is not subject to zoning re ~Archibald pointed out for Commissioner Volpe that this deve- on the North side of Shady Rest Lane which exits onto U.S. traffic signal presently does exist. He added the Shady Page 25 November 2?, 1990 Lane.~ ts tn acceptable road condition for th~s project. Nr. Edixon clarified that the project ~8 w~th~n the C~t¥ water and Shamahan ~v~d, seconded by Co~aAesAoner Saunder~ and that the public hearing be clo~ed. S~dera ~ed, ~econded by Cmmluioner Volpe ~nd ,?.., ./ 17, that NtitA~n AV-90-022 be ap,proved, l:hez, wby No. 90-5?0. Page 26 November 27, 1990 I~z ~O-1~?! !~ PRTXTXON DOA-90-5, COMMUNXT~ DNV~LOPMKNT MODIFICATION OF I~S0~OTION NO. 90-498, TO C01~1~ Legal notice having been published in the Naples Dally News on 11, 1990, as evidenced by Affidavit of Publication filed with k, public heartng was opened to constder Petition DOA-90-5 ~d by Conmunlty Development Division requesting modification of '~: n 90-498, to correct scriveners error in the Grey lHalstatt. Development Order for words omitted in Section 5, -. :ton d.(4) of said Development Order located An Sections 24, 2§, 26,..Township 49 South, Range 25 East /Planner Nino noted that the subject petition is the same scrtve- ~lere error made relative to Regency Park/Regency Village stipulated .....t. Agreement. Mr. Cuyler stated that the correction has been ,r~ed.., laz~f~l~, that the public haartng be clo~ed. (~lS~o~e~ SaKn~erm ~ove~, oecon~e~ ~F Coutsm~oner Shanahan an~ 1~, that Pot~t~on DOA-90-5 be mpprove~, thel~b~ l[ee~l~lon No. 90-871. -[ ?. ¥ Page 27 November 27, 1990 90-5?2 1~ PETITION SMP-90-32, ROBOT E. ~ONG OF ~ON ~ ~, ZNC., ~S~ZNG O~G~ (~ 2, O~~E, ~T ~EE, CZ~US G~ SECTION, OF OIL ~LL RO~ - A~ED ~ STZ~TZONS Legal notice having been published in the Naples Daily News on Not, ember 11, 1990, as evidenced by Affidavit of Publication filed with public hearing was opened to consider Petition SMP-90-32 Robert Purlong of Wilson, Miller, Barton & Peek, Inc., repre- .%., .-..: I;'Amnon Golan, Trustee, 0rangetree Associates, requesting Master Plan approval for Lake Lucerne (Parcel 2, ~rangetree, Unit Three, Citrus Greens Section, Phase i-A), located on · east side of Immokalee Road, (C.R. 846), approximately 1/4 mile '~.of Oil Well Road (S.R. 858), in Section 23, Township 48 South, 2? East, consisting of 12.?? acres. planner Arnold stated that the petitioner is seeking subdivision plan approval for 21 single-family residential homesites on is 12.?? acre tract located in the Orangetree PUD which is located ~roximately five miles east of C.R. 951 on Immokalee Road. He ilaAned that the development will be designed around a cul-de-sac 3;5 acre aesthethic lake. He specified that access to the par- [1 be from Orange Grove Trail, Valencia Drive, and Cherry oesom Court. He reported that the site is currently undeveloped, ..been cleared, and to the east are single-family homes, however, property to the north, south, and west are currently undeveloped. ~nformed that the project is consistent with the Orangetree PUD and with the Collier County Comprehensive Plan. He noted property will be connected to the Orangetree water and sewer MmJ~Arnold affirmed that all County review agencies have evaluated ~'petition and find no problems with it as proposed. He related tpulattons listed on the Agreement Sheet address all concerns Staff. He added that at the applicants request the Agreement Sheet ,' : Page 28 · ~ ,. :'. Novelaber 27, 1990 ~n°d~f:ied to reflect the trustees name rather than..the oners'nane .":'. :~' '~ ' .~~ly, tht the ~tc he~tng ~ c3~. '~ut~ S~ ~, oec~ded ~ CmtsotoneF e~tght ~3y, t~t Petition ~-90-32 ~ a~F~, nb3ect ~att~ ~tot~ tn the A~nt Sh~t, theFe~ a~ttng Page 29 Hovember 27, 1990 ;.Legal notice having been published in the Naples Daily News on :-', :r'6, 1990, as evidenced by Affidavit of Publication filed with public hearing was opened to consider an Ordinance shing the Collier County Environmental Advisory Board and abo- .~.the WMAB. and EAC. ~1 Services Administrator Lorenz stated that the pro- '~'.Ordtnance is to create an environmental advisory board to assist ... .i in developing and implementing comprehensive environmental '~grams. He advised that this board would consolidate the existing Management Advisory Board and Environmental Advisory Board into :d would address al/ environmental matte=s of the County. , He )i~ined that the proposed board would have two functions with the first function being to assist staff in developing additional ordinan- S,'yrules and regulations, and other programs for the Comprehensive ,'~'. ntal Protection Program. He advised that the second function . be to act as an aDpeals board for land development review pro- .when the applicant and Staff do not agree on a particular ~J".' ntal stipulation. He noted that the Board in this case would .ia technical recommendation which would be passed through the ling. Commission and then to the Board of County Commissioners. ~.~ .,. ~oner Saunders stated that his only concern is that this would not limit or reduce the environmental reviews to which enz confirmed it would not. loner Shanahan stated that although he does not have a con- g the consolidation of the two existing Boards, he does ~z strong resistance from the community and the people that have on one or the other of these Boards in loosing the project opportunity except on an appeals basis, He suggested that in 9 there are 10 acres or more involved or where there is con- .le environmental impact, the Board should participate in the Page 30 review. November 2?, 1990 ~Ject Review Services Manager MadaJewski commented that the has a highly professional staff and the combining of the two will not lessen the review process He noted that tn regards ;.~/~ ~ng all projects with 10 acres or more being referred to the reals board, this will constitute Just about every development pett- :ion being referred to this board because there are very few requests . acres. loner Shanahan accepted this fact but stated that it be included tn the ordinance that where' there are major ~tal Impacts involved in a development, the project will be reviewed by this proposed board. Commissioner Volpe agreed that a . be included addressing specific environmental Issues. Mr. t~ewski pointed out that it will be very difficult to arrive at ntal standards. Commissioner Shanahan concurred that major environmental impacts may be difficult but should be red. Hr..Todd Turrell, ~arine and Environmental Consultant and a Member [~'f: BAC, read Into t. he record a letter from Dr. James Snyder to Hasse (letter not provided for the Clerks' Office), which ;~- that he was unable to attend this meeting, but would like to ;rovide written comments noting that as a citizen of Collier County r member and chairman of the EAC he ts tn favor of the of this new Board and the elimination of the EAC and Water Advisory Board, but would request that the Commissioners the wording of the new Board's enabling Ordinance to maintain .,~AC's most valuable functions, that of reviewing land develop- · petitions that Impact significant natural resources. Mr. Turrell also sums up the feelings of the other EAC members. ~he following people spoke against the proposed Ordinance as pre- /~Titten: Todd~Turrell, Marine & Environmental Consultant, Member of EAC Addison, Biologist, Member of EAC Lynn Kendall, representing the Izaak Walton League Cypress ~" ~ ' Chap t e r Patrick Neale, Member of EAC 000. 58' Page 3 ! November 27, 1990 Stallings, representing The Conservancy David Land ge Keller, Collier County Civic Federation Ma~k Norton, Barton Collier Company {!~The reasons given as to the opposition to the current proposed d~nance.are that by doing away with the project review process it compromise the environment of Collier County, will burden the further, the importance of citizens input at the public will be lost, the ability to review the pro~ects Individually ~rovtde stipulations will be lost, the ability to appeal ts to the petitioner, and that there should be two separate Charlotte Westman, representing the League of Women Voters, spoke :he.proposed Ordinance. '.Commissioner Saunders pointed out that there seems to be no with the consolidation of the two boards, but the problems .. what the role will be of the new board. He noted that there 'ail..two separate functions being discussed with one being the general 1.~'.c~ guidance that st~.ff is looking for tn terms of where the County be in the general environmental regulations He added that the second function is the day-to-day review of projects and how they £vtdually and in total on the environment of the co~unity. that he does not ~ant to see the second function reduced ~cause of the expansion of the poltcy portion of the e~[atned that one board could be formed reco~tztng these two f~cttons md have one meeting a month to work on project ~d ~other meeting during the month to review policy for to staff. He suggested that direct/on be given to staff to ~ ordinance including these comments. '? Nr. Neale suggested that the board consist, of seven members ~d that instead of limiting the projects to be heard by the bo~d to a re. ired certain number off acres, projects should d ~tth the criteria of the environmental sensitivity to the Page 32 November 2?, 1990 ~Land suggested that two members of the Board, the County ;-." or County Commissioner should also have the ability to appeal :'Project to the EAC review. He added that Section 3, item D of the ~dinance regarding the requirements of expertise necessary for an EAC board member should should either be broadened or added to. He noted [:-'.; [ning the two subjects of policy and project review will ,Amir the number of people desiring to be on the Board. He also ~d that there be a Water Advisory Board and a Environmental Board. Lorenz commented that in terms of direction regarding the ~tal area there needs to be black and white criteria and :axldards to apply for land development review projects. He said that this .is where a Technical Advisory Committee could be used to develop .e.(re~ulatfons. He noted the Growth Management Plan recognizes that tal programs develop there needs to be a consolidation of :water, and wildlife issues. S~und~ra ~ed, sec~ ~ Cm~ssA~r ~t~ ~ c~tl~d, ~ ~taff ~ d~rected to ~1~ ~ ord~- ~ ~~ ~ol~t~on of the Water ~~nt ~~ ~d ~ ~ ~~tal ~~ ~d fo= project r~ ~ ~ ~oJect wil~ ~ ~t to pro~sed ~d ~1 ~J~s r~tr~ng ~ ~r~tal ~ct t~F~ ~t a ~ate ~d ~ ~abl~sh~ to se~e ~~ ~d ~d t~ ~1t~ A~isoW ~d to the C~ ~iss~.rs. He ~ t~t the d~l~t of ~ ~ ~o ~ ~r~~ with the ~ir~tn~ ~d .. ~~ prior To bri~n~ ~t back to the C~ ... ~oner Shanah~n ~est~oned how many ~eople should be on each :. Co~tss~oner Saunders suggested five to seven, but feels that ~ke that recommendation. s~oner Hasse agreed that this ~e an excellent idea. 80 Page 33 November 27, 1990 Co~miaaloner Saunders clarified that the intent of his motion is · ake~re that the project review process ts not lessened, but the need for a techn~ca! and policy board which will haildle the criteria and regulations that need to be established Commissioner Shanahan suggested that Section 3D regarding mem- be rewritten so there is the flexibility necessary to select !proper people for both of these boards. ~ S~unders ~ended his ~tton to tncl~e a s~t~ce at ~ ['of ~~ SD ~ch ~s, '~ other e~rt~c~ ~ loner Volpe emphasized that the proposed ordinance has ~revlewed for some time, and he understands the feeling from the and environmental communities to be one of consolidation WMAB and EAC. He noted that the Technical Advisory Committee be on a temporary basis to provide a concentrated effort in the of the criteria. He stated that he does not see the need POlicy Advisory B-~ard to be a continuous function. ~{e commented ithat the project review involvement should be lessened to allow the ithe time to develop the policy issues and give them the ~';;-/ ~';,;.. ~oner Shanahan commented that the responsib~ltty of both iCY'and project review is far too great to be properly handled by a '.~ember board. Manager Dorrill pointed out that the attempt of the ordi- "ts to consolidate, but what is being proposed is still two He related that the development of a Policy Board to oversee eot Review Board is Just so much unnecessary extra administra- work. He specified that there needs to be a board that can board and an oversite board that can review the projects consideration. f~thevote, the~ot~on carrie~l 3/2 (Co~A~ioners ~ 34 November 27, 1990 response to County Manager Dorrtll Commissioner Saunders the d/rectlon to staff as being that the functions of the tal Advisory Board and the Water Management Advisory Board ;combined into a single board that concerns itself with project , and secondly, there is to be an Advisory Board which will ~uidance to the Commission and Staff regarding the development rules and regulations and policies for protecting the environment. Manager Dorrtll declared that there will be immediate s between the project review board and the policies and rules He added that the time required to process a project through he:~tem will be increased by approximately 30 days. :~(~Commtssioner Saunders pointed out that as long as the Commission d0/ng the right thing by protecting the environment with policies '~eg~llattons, then it does not matter if it takes longer to process OJect. '3:25 P.M. - ~.c~: 3:35 P.N. at w h/ch D~mt~ Clerk GuevAn replaced DeputF Clerk Itrr/ght P~A-~E T'w~" - ~kO%~b FOR R~CO~ING .2~John MadaJewski, Project Review Services Manager, explained this uest:is solely a plat of the land and ts out of context with the process; however, this ts a special position that the Board ~d in a recent meeting when Edison Community College proposed campus in Collier County. He said the three parcels shown this proposed plat were a requirement of the Lely DRI He reported [Y Development Corporation committed to donating over ~00 acres i.to spec/al /nterest groups: Edison Commun/ty College, a L center and the Collier County School Board for the Lely · lte that Ks no~ being used. He stated by doing that, un/or- & subdivision was created before one was actually on record :i~ "S/res do not have legal access. He added that because of .timAng, mandates from the State and chances for additional "' OOO 82 ?... PAGE Page 35 November 27, 1990 Stat~'funding, Edison needs to commence construction as soon as e. He said this will requlre the plat to be recorded tn ;~:~ , of Project Review Services completAng construction drawings the roadway, water lane and improvements to the existing sewer .J;. He concluded that Staff is requesting the Board grant a special p~ .~ of normal procedure to allow this land plat to be recorded ~:to allow Edison Community College to clear the north half of the ght-of-way and place fall for a temporary access road whale Staff is g the construction drawAng review process. Dr. David G. Robinson, President of Edison Community College pro- the Board with a letter asking, along with the acceptance of the for the Edison parcel, that the Board also waive the bonding ts for off-sAte infrast'ructure. He explained that the is a public entity which Is receAvAng State funding, there- e, the bonding requirements do not appear to be necessary. He con- ..... 'that Edison Commu~ity College will construct the necessary and infrastructure improvements in accordance with County spe- :~f~cations, and will maintaAn those improvements until final and acceptance by Collier County. Cemem/s~one~ Sl~han moved, seconded b~ Cmma~ssioner Goodn~ght ~..~rove.for ~e¢ording the final plat of #Lely Resort Phase Two' and bonding requirements for off-site infrastructure. . CommAssAoner Volpe asked the County Attorney if the letter sub- t~ Dr. RobAnson As legally sufficAent as a commitment to build necessary roadways, in lieu of a bond? . Attorney Cuyler replied that Staff and the County ~O'.rneY~s Off,ce will raise no objections, with the understanding these are exceptAons. ~ Sh~nah~n ~ended h~e ~otion, seconded b~ C~ss~oner 'ts ~u~clude that the approvals are done w~th the full ~F ~re exceptions to the general rule. t~e question, the ~otton carried unanimously. 90--57S l~ PRTITION V-90-17, FILED BY CONNIE MACKEY, R.N., FOUNDATION FOR DEVELOPMENTALLY HANDICAPPED, INC./ST~P BY DgVBT,,OPM~I~T C~)FfB~, R~QUF~T~ A 2.2 FOOT VARIANC~ FROM ~ Legal not,ce having been published in the Naples Daily News on tfN~ember 1~, 1990, as evidenced by Affidavit of Publication filed w~th Clerk, public hearing was opened to consider Petition V-90-17 ~ Co~e Mackay, R.N., D~rector, The Foundation for ~!op~ntally H~dlcapped, Inc./Step by Step Child Development ~re~esting a 2.2 foot variance from the re~ired ~5 foot side setback to 12.8 feet In an "E" Estates zone for the following ~ proper~y: The east 150 feet of Tract 76, Golden Gate Unit No. $0 as recorded ~n Plat Book 7, Page 58 of the ~bl~c ~r~ of Collier Cowry, Florida (5860 Golden Gate Par~ay). .Plier Eric Young stated approval of this re.est w~ll allow the ~r ads.ate space for the addition of an enclosed in-~round ,apeut~c spa on the eastern side of the existln~ building. He ~la~ned'that ~n ~986, The Foundation for Developmentally Hand~capped a Provisional Use to build a Step by'Step Child Center ~d the plot plan showed a therapeutic spa attached east side of the build~ng. He sa~d the Center was built pr~- through funds raised by individuals, corporations and spon- ~d, ~t the time, the spa did not have sponsors. He reported it Is sponsored, the original desi~ was not,ced to be functional nor safe, necessitat~ng a re-design that protrudes the s~deyard. He indicated the spa is intended to become a major ~n the physical therapy aspect of the operation and w~ll a s~if~cant advancement ~n their ability to treat deve- y d~sabled children. He concluded the CCPC has forwarded V-90-17 to the Board of County Comm~ssioners with a unanimous n of approval subject to the stipulation of the Staff. : Lawson, ~ecut~ve D~rector of the Step by Step Child Center, co~unlcated that the petit~oner will comply with ~,ff~s stipulat~on and urged the Board to support this request "' 04 Page 37 November 27, Z990 ~x~dnt~ht ~0v~d0 ~mded by Co~aluAoner Volpe and lm~m:l~mml¥, to clo~e the l~ubl:lc he~ing. .' Ce~l~i~l- Volpe ~ov~d, seconded by Cm~sstoner $~anders c~ ~m~nJ~m~ly, that l~t~T~on V-90-17 b~ approved ~ubJect to The :in th~ P~t~t:lon~r~m &gree~nt Sheet, thereby adopt:lng 00 P~,9r- Page 38 ~O-874 I~H P~TITION FDPO-90-5, FILED BY FRKDRICE '~ ~ & VARIANCE OF 3.68 F~ET F~OM TH~ HININUM BASE EZ~VATION OF ~2 FE~T FOR 686 PALM AVENUE W~ST, GOODLAND - ~ TO THE STIPULATION~ IN TH~ PETITIONER'S November 2'2', 3.990 "?.? .: Legal notice having been published in the Naples Daily News on · 11, 1990, as evidenced by Affidavit of Publication fi/ed with the Clerk, public hearing was opened to consider Petition FDPO-90-5 b~ Fredrfck Joseph Pa/miter, requesting a variance of 3.68 feet the Minimum Base Flood Elevation for property located at 686 Palm West, Lot 23, Block F, Goodland Isles, 2nd Addition, Goodland, planner Bric Young explained that this is an after-the-fact ~. for a variance on property whose pr/mary structure was :ed in 1970, with various improvements done throughout the al years. Unfortunately he said, Staff ts unable to locate ':bu~lding permits for this work to indicate the nature, extent and of the ~mprovements which involve the closure of the portion ~./ the house around the stilts. He indicated the improvements seem been completed between 1977 and 1979 and, if so, would not be ect to the Flood Damage Protection Ordinance (FDP0) however, · no building permits can be found, they cannot be grandfathered }~'i .He reported the petitioner purchased the property in 1985 ,lete with all improvements, and the previous owner is deceased lng-the present owner with no mode of relief. He said that denial ~I~ .~eq~est may, therefore, be considered an undue hardship on the ,l~cant. He communicated that Staff recommends conditional approval [~eCt to the stipulations listed in the Petitioner's Agreement ;" ~e advised the agreement states that the portion of the sub- Ct~.propert¥ which has been utilized as an apartment shall have all ~TChen['facilitfes removed and the apartment use shall be discon- but does not preclude the owner's right to use the entire as a single rental unit; no further improvements shall be on the subJec~ property unless tn full compliance with the Page 39 i~;~' November 27, 1990 of the FDPO; and after-the-fact building permits shall be d for the improvements for which this variance ts sought [i[~ In answer to Commissioner Volpe, County Attorney Cuyler advised ~the d~fference tn this request from several others which have ~¥.been before the Board, ts the previous petitioners clearly i~t[.show that the enclosures were built prior to the adoption Patrick Neale, agent for Fredrick Palmiter, clarified '%C°l~ssloner Volpe that there ts a variance procedure to permit below the flood plain elevation, and that ts what the petitioner '. He mentioned that the original building permit lndica- ,.~. the Intent to build two stories, and he also provided the Board :. copies of an affidavit executed by a resident of that street who l~ved there since 1970 (Copy not provided to the Clerk to the ~ard.) He reported that, to the best of her knowledge, the resident . rs the apartment betn~ on the structure s~nce 1975. :~:Co~ss~oner Volpe ~estloned if there ts access between the two .to which Attorney Neale replied there ts not. Co~tssioner .~/"- ~d that ~s his concern, because the Coun/~ will have no ~ that the structure will be used as a sAng/e-family resf- ~:...~ Mr. Neale assured the Board that his client As prepared to the kAtchen facilities and, according to Code Enforcement f~.:~that As the concern. ~Co~lsstoner Hasse asked ~f the enclosure can be construed as a ho~e, to whAch Mr. Neale replied that is exactly what his client for. 1F, to cl~ t~ ~bl~c he~n~. ~t~ly, to a~r~ ~-90-5, ~b~ect to t~ *~ ~ ~tttt~=~ A~nt Sheet, there~ ~ttng R~olutt~ Page 40 ' :' , · :~ Novembez, 27, :1990 ~O'-575 ~ P~'-89-23, SOW CUCUZZA OF BOSSERMAN ENGZNEE]~NG, TH~ ~ ASS'~'IBLy OF GOD, RI,~(t~]'EST'rNG FROVISIONAL USI'~ OIP TH~ I~IF-6 DISTRTCT FOR PROPKRTY LOCATED 0N WEST MAIN STREET, ~XI'~I~AF,.~ - JI~)OX~"ED ~ TO STIPOLATIONS IN TH~ P'~TITZONK~S Bob Mulhere, Planning Services, presented Petition PU-89-23, the petitioner is seeking approval of a Provisional Use ;o.allow construction of a 6,120 square foot church with a seating of 324 on a 4.79 acre site. He said the subject property is Icated on the south side of West Main Street approximately 450 feet of. White Way In Immokalee. He explained the Board of County ioners approved a PU for a church and related facilities on e in 1987. He stated apparently due to monetary constraints, ongregatton was unable to proceed with construction and requested extension, which was granted. He Indicated that extension '[alSo expired requiring the petitioner to apply for a new PU in 1989, however, the petitioner requested site reviow to be .. ;on hold in order to submit a revised site plan. He concluded and the CCPC by a unanimous vote at their 10/18/90 meeting, ~°~warded Petition PU-89-23 to the Board of County Commissioners & recommendation of approval, subject to the stipulations in the Sheet. ::.~C~d~ione~ ~oodntght ~eov~d, ~econde4 ImF Co~ateatonex. Shanahan unanimously, to approv~ PU-89-23 ~ubJect to the Ittpula- ~!~ P~titAoner's Agreement Sheet, thereb~ adopting Resolution Page 41 November 27, 1990 , ~.K~q~ITZ~ ~ CHI~CH, R~QI:T~STZNG & ZONING :!iFrank Brutt, Community Development Administrator, explained this s!a request for assistance tn construction of a church facility. He .the applicant met with Staff on several occasions, Staff .':' to him the PU requirements and suggested that he hastily necessary papers and application. He stated the current plan for the Golden Gate community will allow this particular llae, however, when the Golden Gate Master Plan is approved in January the Department of Community Affairs (DCA) this site will no longer /? .? ' . allowed for a PU activity. He concluded that Staff has met with applicant on numerous occasions and advised him of the need to . the application in a speedy and timely manner, and the applicant of November 20, 1990, has not taken that course of action. ~il-' Commissioner Volpe indicated that it seems a church will not be /..:. ~rtate on that site because of the already approved Eagles Lodge ~tel~ adjacent to this property. !Commissioner Goodnlght mentioned that the Golden Gate Master Plan that a PU can be ad~acent to commercial property, but it also that a PU may not be opposite or adjacent to another PU. .~Commtssioner Volpe communicated to the applicant, Antonio · . that the Board ts faced with a very difficult situation, in the intervening period of time since this property was ed, a church bas become inappropriate In that location. ~.' County Manager Dorrtll commented the proposed church ts a small, church whose congregation made a good faith effort to the lot prior to completion of the Golden Gate Master Plan. they had no immediate indication that the Board would be the Master Plan. Ne stated the applicant can file a PU peri- he does so prior to the end of the year. He Indicated the . is of very modest financial means and ts concerned that ~d, 'tn a~ptt~ t~e Master Plan after the*/ h~ve purchased the Page 42 November 27, 1990 'will be prejudiced in making a decision if they make an .~vestment to file an application for a PU prior to the end of the Attorney Cuyler indicated the advise from his office ';_ must look at whatever is in effect at the time of the for approval. Coutsstoner Goochntght reminded the Board that neighbors in the residential area have been told that the only PU that allowed is the one already approved for the Eagles Lodge. .~ iVtctor Va/des, President of the Hispanic Chamber of Commerce, ~ ? ' the Hlspanic community, requested that the Board support church in Golden Gate. &l~'Reynolds, speaking as a resident of Golden Gate Estates, a possible solution to the problem. He sa~d when the Golden · '.~ Master Plan comes back from the State, it is still subject to public hearings. At that time, he said, the Board co,.tld con- i~der' including a provis~'---n in the Plan that could accommodate this Commissioner Saunders commented for the benefit of the petitio~er, ~there ts no action the Board can take at this meeting to grant pO~:':. He explained that, on the questton of will the Board grant · the petitioner files the application, there is no way to ;~.:) = He concluded that it will be a gamble if the petitioner wants prOceed with this particular piece of property. ~TH~ V~LLAGE PLAC~ GOODLAND - #AIVE~ D~NIED BettF Bruno, President of Village Productions of Good/and, stated orga~ization is totally non-profit for community projects and · . She said she ts present at this meeting to request the lopment Plan (SDP) fee be waived or reduced to a more reaso- · She said the goal of her organizat~on is to establish a sh~p fund for Goodland children, and The Village Place allows 000. $3 Page 43 November 2?, 1990 source of money for that purpose. ~t;.- answer to Commissioner Volpe, Ms. Bruno replied that the fee ts 50~':and they are asking it be reduced to $45 · :_ount~ Manager Dorrill indicated Staff's consistent recommendation Boars of County Commissioners has never had a policy to ~, w~th the exception of landfill tipping fees. He explained fees are not actually waived, because at the end of the processes budget amendments, moving money from the genera/ ~ the so/id waste fund to cover the cost of the t~pping fees were not paid. Comm~ssioner Volpe commented that what this organization intends ]i:i~':~:: certainly benefit children in the Good/and area, and he may be a community spirited person who may be w~lling to pa~n~ the fees. ~-~" Bruno asked ~f everyone who takes over a commercial property ~pay this t~e of .ger Dorrlll answered in the affirmative, explaining ...-~n order to ensure that the building has the right intended use and that there are the appropriate number of parking spa- "someone must analyze the situation. h~'Commtssioner Volpe further explained that there is a certain cost to the administrative functions that have been performed to · .compliance, and the Board does not have a policy to waive fees ~roftt organi~attons. He said without an across the board ltC~,"'he has a problem making an exception for this particular orga- zat~on and not for another non-profit enterprise. Saunder~ returned to the ~eet~ng at th~s t~e ~ consensus that the SDP fee for The Village Place would ZONING ~ALUATION ORDINANCE, STAFF DI~CT~D TO FOR COg~REHENSIVE REZONINGS FOR RESIDENTIAL IIeCO~SISTENT WITH THE GROWTH MANAGEMENT PLAN; BOARD OF CO9~SSION~]tS TO DETERMINE DENSITY BONUSES; AND STAFF DL"FE~MINATION FOR INFRASTRUCTURE REQUIRemENTS FOR Page 44 November 2?, 1990 .Weeks, Growth Planning, requested direction from the Board density or intensity of use to pursue when rezon~ng proper- .es pursuant to the Zoning Re-Evaluation Ordinance (ZRO). He ~lained that Policy $.l.K of the Future Land Use Element (FLUE) of .Growth Management Plan requires Collier County to re-evaluate g zoning for unimproved properties and Initiate a rezone if the rt~ proves ~nconsiatent. He indicated Staff needs input from the Board on how to accomplish rezontng on these properties and to what district(s) to consider when rezoning from commercial or high residential zoning district's, to a consistent zoning district. ..Said'Staff's position is to initiate a rezoning of these properties the base density of either three or four units per acre, depending mrem. He added, however, that does not take into account the ture requirements for which the owner loses a portion of his '~ ioner Shanahan asked for clarification, if the County is to rezone these Properties to RSF-2, which will give owners than two units per acre, rather than what they should get, which three or four units per acre? Planner Weeks answered that ts part or,the question, because the Growth Management Plan says they are per- that density, however, Staff's position ts that is not an ~. He added Staff is asking for direction on what .the Board is appropriate or fair in those instances He said Staff is asking for authority to make such an Interpretation to account infrastructure, and rezone to possibly RSF-3 or RSF-4 · iCommisstoner Volpe aaked for a practical example of how this pro- impact property owners subject to zoning re-evaluation. Plallner Weeks informed, for example, the RMF-16 zoning district ~6~'ttnits per acre, but the Growth Management Plan may allow a ~den~t¥ of four units/acre. Ne said th~s will result in a loss of the units, however, if the property is within the density of an activity center, the County may add three additional /acre. 85 Page 45 November 27, 1990 Planner Weeks summarized that Staff's proposal is to rezone these to the closest zoning district without going over the four or three units/acre in the traffic congestion area. He the property owner believes there are certain criteria within .. rating system to achieve a higher density, he must int- e'.h~s, own rezoning by demonstrating to the Board of County that he meets the requirements and it is appropriate for ~property to have a higher density. answer t= Commissioner Saunders, Mr. Weeks replied that Staff requesting authority to make a determination for infrastructure and ~he interpretation to look at the density bands regarding units/acre. ~Mr. Weeks continued, explaining a concept that has been proposed :0.Staff regarding a density over/ay. He said, using the same example instead of rezontng that property from RMF-16 down to an RSF it would stay RMF-16 with an imposed density overlay. He would state th~ base zoning district may or may not reflect -:property density and in order to find out, a developer would need ;..'look at where the property is located, if water/sewer is available, · points, whether affordable housing is being provided, etc. Co~issioner Saunders asked which proposal would be easier for owners to understand? ks said Staff's recommendation is not to add the over/ay, 'proceed with the rezoning and let property o~ers demonstrate lly why they can achieve a higher density. ~ounty Attorney Cuyler further explained the issue is that by ~-~' the overlay and based on the Comprehensive Plan and certain cri- ~a, the developer would go to an appropriate density based on the 2aF~ as opposed to going to four unite per acre as part of this and coming back to the Board to request an increase in with Wilson, Miller, Barton & Peek, Inc~, asked the .~to direct Staff to work with his firm to bring back an alter- Page 46 ~?'~.- . ' November ~?, 1990' ibef°re a final decision is made. He said the alternative is a ~.~ing overlay which essentially creates a special zoning condition on iproperties that are inconsistent. He said this would apply only ~Fesidential properties. He reported the over/ay will limit the ity and intensity of property to that which ts consistent with the He added the problem with Staff's suggestion is the present ~ng code does not have zoning districts that match the Growth Plan. He stated that the best time to adopt new zoning :s is when the new Unified Land Development Code is imp/e- t~ted~ubecause that will create new districts that conform to the said in the interim, the overlay will put property owners on they can develop consistent with their underlying but only at a density that is consistent with the Growth Plan. He advised this will also put property owners on it~¢e that there are other factors that Influence the development of property, i.e., the 60~ open space ordinance, which has a signi- .impact on development. S~esky related there is a fundamental difference in opinion as he application of the density rating system. He said Staff is . ~- g that all additions to the base density are discretionary Staff, but the negative zoning is not discretionary. He stated ~ that most of the additions are not discretionary. He com- there should be a mechanism in place to permit a developer to problems with Staff, because the procedure should not be as or as costly as it is being set up. Commissioner Goodnight suggested in regards to commercial pro- ~t]f, that the three or four units per acre of the original zoning be and that it not be necessary for the owner to go through the process if the property qualifies for additional units. stated that is the key issue, how to determine if the ,opertY -~,' . qual~tes for additional density. He said Staff feels the :ion must be made on a case-by-case basis. ? Commissioner Goodnight commented that Staff should use the cri- Page 47 Novsmber 27, 1990 · md .the density rating system and if there is then a .between Staff and the property owner, it should be the Board. · ~er Saunder8 remarked that everyone wants to reduce the ~/~,, . keep turmoil to a minimum for owners, however, the Board ~ ,-... keep iD mind what it must accomplish in order to support the oWth ,Management Plan. He said the message he would like to send to :aff"ts that the Board recognizes tho County is creating a hardship however, the Board also understands that it needs to be in of zoning. .tCeeatseioner Saunders aoved, seconded by Coenissioner Shanahan and that this Ite~ be continued; Staff directed to · ~-~he Beard as ~oon as possible with a streasltned process to · ~Xd~nt~a! properties which are inconsistent with the Growth Plan, z~co~niztn~ that density borru~ are d~ter~ined b~ Co~issIoner~; Staff to work with tho~e ~ing ~d St,~ff ~thortzed to Bake the deter~ir~tIon for properties. FOR FRANI~ TKD~Y BEAR MUSKUM- ACb'~KPTKD W~TH m~ly, to acc~t the ~ter facilities for Yr~t~ T~ ~ ~ foll~tn~ stt~latto~: The water facilities to serve the project cannot be placed into service and no Certificate of OcCupancy shall be issued ~ttl the Florida Department of Environmental Re~latfon fur- ni~hes a letter approving the water distribution system for 3ervtce. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the pro~sct have been ,~. satisfied, and the Fire District furnishes a letter accepting .i, ' the fire hydrant for ownership and maintenance. :; OR Book 1586 Pages 17 - 26 ~ '~ISl~RING PII~S, INC., TO PURCHASE EXCAVATED NAT~RIALS ~*~-~OAD/NORTHNAPLES ROAD~AYM~TU - CONDITIONALLY AS ANI_~NDED Page 48 NoVember 27, 1990 Manager Dorrill indicated Staff is requesting direction r: the. Board regarding a proposed agreement with Whispering Pines, ....' to purchase excavated materials for the Livingston Road/North ~les MSTU. He said buying fill in close proximity to the road site [result tn considerable savings, however, there ts no current Bource:.~: of funding. Re added the County has yet to receive a valid ntal permit for the roadway aliflnment. Services Administrator Archibald communicated the :-~s'~the~:: fact there is no money to purchase anv fill, and Staff does ':' ...-' the Board be tn a position to execute an agreement ~s a va/id contract, and the County can proceed with remo- [of the material. 'Commissioner Volpe related his concern that the proposal commits ~ty to removing all of the fill within a 24 month period. Clerk Hoff~m replaced Deput~, Clerk ~uevtn at this ..Mr. Archibald stated that he expects that the fill can be removed a 12 month period. He noted that the contract will not be until such time that the construction is eminent. }{e indt- .tedtthat ~f the:re is some way that the material can be reserved for ~b~nefit of Livingston Road, the lUroJect will benefit, otherwise, ;developer wall need to dispose of same b~ some other method. answer to Commissioner Volpe, Mr. Archibald advised that the has a very large assessment to pay and this could be an off- ln~ factor in the agreement, if desired by the Oommission. /Attorney Frank Baker, re~resenting Whisper~n~ Pines, Inc., stated he is not askin~ for payment in advance but requested a commit- from. the County. He indicated that per the a~reement of July, ~ ,. ,l~cation was made, the material was to be stockpiled for the Road project and if not, his client has the alternative of tng hie PUD and can sell the material on the private market. He ~%ed that th~s ~s an attractive offer for the County. answer to Commissioner Volpe, Attorney Baker that the crushed 89 Page 49 November 27, 2990 2.00':cheaper and the other ftll ts $.90 or $1.00 per cubic 3er which would be a substantial savings to the County. ~i:-Mr.-Archibald related that the big advantage ts not the price of ~.~.: . the. material, but the advantage of having the material there and not someone to haul it. He remarked that the alternative is that or ? months staff will be bidding out the Livingston Road pro- Mr. James McLaughlin, representing Highway Pavers, Inc., stated he does not agree that this material should be purchased, and ted that he does not believe that the County should be in the fill . He related that he feels that the County will be avoiding bid process for the material on the project and that there are ways around this at the time the project is '/~He noted that the bid can state that th~s mate~.ial is worth a -amount and there may be competitive prices from the outside are cheaper. He suggested that the County look at other methods, nee cheaper prices may be available. '.County Manager Dorrill stated that he does not want anyone to that the County is buying "a pig in a poke". He remarked that to the subjection to environmental permits and road contract, laboratory analysis will verify that what is purchased is what was intended to be purchased and there is a to establish scales with regard to tonnage, and cubic He indicated that compaction and moisture need to be taken ~¢onsideratlon to ensure that the volume is being purchased as ei~ded. and the County's methodology is not what it should be, he the opportunity to participate in the analysis. ~ilCo~m~ssioner Volpe questioned whether the County will have the ;~l~ty to ~o back and re-negotiate the price if the market price below what was contracted for. Mr. Baker stated that if the Manager Dorrill explained that Mr. McLaughltn wants the partic~pate in the analysis so that if he has a comparable Page 50 :!drop substantially, he feels that re-negotiations can take year, but hopefully, if the road ts~ tn alignment, the 'Of fill that his client is offering to the County will be a the bucket as to what will be required for that roadway [Xcat~d.lthat if the schedules are correct, he would like to see :Roads 'co,mit to the same price, and lock them in. He ~ requested that the Commission approve the concept, fall tn place tn slx months, he will be back Boar~ with a ftna! contract. Volpe~,md, ~nded b~ Co~Xsstoner ~ ~nd to ~it~lly a~r~ ~ ~mt for t~ ~ ~ ~ ~ter~al ~n c~t~ ~th the ~~t oT ~ ~d t~ ~t~l c~t~ t~t ~n t~ ~t DOCUMENT NOT P~OV[DED'TO CLEP~TO BO~'I~D' A'S''Ol~.~'/18~J ',~. NOTE: · zl~r~ S~rBDZVZSZON ~OR PARTIAL CONS~UC~ION o~ ~o the ~ateness of the meeting, this Item was continued to ~5T6, 90-577, 90-578, ~NG C~T~F~CA~ 0F ~L~C ~L~ ~O~ D/B/A ~AG~ A~ A~O V~S; ~A S. AUSTIN M. ~~ D/B/A ~ ~[MI~D - ~~ ~~LY were no speekers. ~nanahan moved, ~econded by Goodntght ~nd carried '~to clo~ th~ public hearing. ght moved, ~econded by Co~a/~tone~-Shamaban ~1¥, to ~rd Certtflcate~ of Publtc Cozraw~nc~ L~ou~n~ S~rvtc~ of ~ee County, Inc. Flor~, D/B/& ~dv~nt~g~ &t~ Auto V~n~; Ann~ $. Austin :t~_....-~l~:g~l~r~d, D/B/& Zr~mndl Unlimited, ~nd that ~:~3~d 90-57~ r~e ~dopted re~pecttve/¥. Page 52 November 27, 1990 [O~TO ItPP'ROV~ AND ~:X~CUT~ TWO (2) AGRN~NRNTS TO PROVIDE OF~ OW~'D FRO~ AND CONSTRUCTION OF B"f'F~ COLLZ~R COUNTY SHNRZFF'S OFFZCE FOR A NULTZPURPO$~ ~D TO FROVIDffi U~ OF TH~ FACZLZTY TO TH~ PUBLIC - Due to the lateness of the meeting, this ftem was continued to 0 ~ly, that Bl:iXi~l~t lL~err, d~ler-ts 91-34/35 ~ 91--37/40 ~I:~:~Or. UTI0~3 91-2/:~- JkDO~ ,C~mmts~lo~r ~dnt~ht moved, seconded by Commtsstonwr Sh~mh~n a~*~ ~g~tmo~l¥, that Budpt &~wndm~nt R~olution~ 91-2/S b~ Page 53 November 27, 1990 APPROVAL 0F TI~ FINANCIAL ADVISOR JU~.K~M~rf - to the lateness off the meeting, this :item was cont:inued to DI'R~'~ION CONCERNING PAYMEHT OF NAPLES LEADKRSHIp -- corrzm~o To ~2__.~A/~o to the lateness of the meeting, this item was cont:inued to AND IMPLEMENTING A VARIANC~ TO PHASK II TH~ USE OF POTABLE WATER FOR LAW~ Util:ittes Admin1strator Arnold stated Marco Island has the same this year that developed last year. He explained that the ~'of the rainy season co:in¢ldes w:ith the influx of w:inter the Island and Irr:igat~on demands Increase which taxes the .of the ut:il:ity tu meet the demands. Arnold.advised that Marco Island Utilities ts requesting that use its powers to enact water restrictions on Marco Island, of the extstln~ ord:inance. He noted that the ordinance variance procedure whereby the Board of County may adopt a resolution to var~ those restrictions on the so that they are set up Identically to what was done last year: the Island Anto three phases w:ith Phase II water restrtc- -=pea~ers. noved,'*'°econded by Com~so~on~-*eood~ght that Reoolutto~ 90-579 be Page 54 November 2?, 1990 ~:~The water ffaciltties to serve the project cannot be placed ~'(:i~:'~nto service and no Certificate of 0ccupanc¥ shall be Issued .':/ unti! the Florida Department of Environmental Re~ulation fur- V.-. ntshes a letter authorizing placement of the sewer system ?:, . into service and approving the water distribution system ~or :.' ' service, and~ =~ologtcal testing has met the County,s requirements, ~[~. The Fire Flow requirements of the project have been .]~.satisfted, and the Fire District furnishes a letter accepting '~.'.'. the f~re hydrant for ownership and maintenance. __ SUBDMSlON' rtze the recording of the final plat. ~.~t~T OF EAA~a~]~T IN BRIA~OOD PLANNED UNIT DNV~LOPM~NT See Pages 'A~M~NT BETWEEN COLLIER COUNT~, A POLITICAL ~SI~ (~F TH~ ~T&T~ OF FLORIDA, AND ~DDIE R. REWIS, SR., OF T--NAN~EI~ SPAC~ AT TIFE EVEI~G~&DES CITY AII~POI~T FOR See Pages ADDI~ TO FU~D BALANCE FOR FUND ~3 IN MOTUR POOL .009,. 107 Nove~m~ 27, 1990 FOR PUMPING &ND PIPE INSTALL&TZON CO~I~ ~Q~ ~R ~O~ ~ ~ B~A CO~TI0~ ~ EASEMENT LOC&TED ALONG STATE ROAD 29 T~ SECTION I~ANG~ 30 E&S~, COL~.IER COUNTY, tJR&NTED NY 3OHM See Pages I~g~tTIOI. ~ ~ -T/I~ QUay ~ ~ Ill. ORDER ,135 FO~ I::~I:~RP~fZON TO TH~ TAX ROLLS AS PRF. SErI'~D BY TI~ S'KR" $ OFF:~CK TANGZ~.~g 1'~1~ FR01'~RTY :1990 Dated 1~1131oo Dated 11/14/90 ,/'NITS FOR SERFZ~ OFTH~ PUBLIC DNFEND~R See Page? / ~g~'. The following miscellaneous correspondence was filed and/or ~ferred to the various departments as indicated below: Letter to BCC dated 11/13/90 from Rand Pringle, Assistant 'V/ce PreSident, C & S Bank, re Davis Boulevard, CC Permit i!~::':* #90-3858. xc: Netl Dorrtll, John Yonkosky and filed. ~. Memo dated 11/9/90 to Local Governments Requesting Applications for the Elderly Homeowner Rehabilitation Program Funding Cycle for FY 1990/91, from Lewis O. Burnside, Jr., Director, Division of Housing and Community Development, Department of Community Affairs, re Questions raised during the Elderly Homeowner Rehabilitation Program Applicant Workshop of 10/18/90. xc: Russell Shreeve Nell Dorrtll and filed. ' 000 ~'G£..~.08 Page 56 November 2?, 1990 dated 11/6/90 to All Small Cities Community Development Block Grant gltgfble Communities, Regional Planning Councils, :::!.~:. ;and Other Interested Parties from Lewis 0 , · Burnside, Jr., Director Division of Housing and Community Development, Department of Community Affairs, re Questions raised during the FY 90/91SmaJl Cities Community Development Block Grant Application Workshop. xc: Neil Dorrtll, Russell Shreeve and {)[jJ> fi/ed. i~.Memo dsted 11/5/90 to All Small Cities Community Development Block Grant Eligible Communities, Regional Planning Councils -"-f/and Other Interested Parties, from Lewis O. Burnsfde, Jr., -Director Division of Housing and Community Development, Department of Community Affairs, re Uniform Relocation Assistance and Real Property Acquisition Statistical Report; Settlt~g Owner/Contractor Disputes; Improving Rehabilitation Construction Quality. xc: Russell Shreeve, Neil Dorrill and filed. ~.~55/. Sewell Corkran of the Department of Community Affairs vs. ~ ~ BCC, Respondent Collier County's Answer and Affirmative Defenses to Petition Challenging Collier County Land .Development Regulations. xc: BCC and filed. Department of Environmental Regulation Rulemaktng notices to appear in the Florida Administrative Weekly. xc: Netl · v ' Dorrtll, Frank Brutt, Bill Lorenz and. filed. Letter to Chairman dated 11/13/90 from Jon M. Iglehart, Environmental Specialist, Florida Department of Environmental ' Regulation, re Collier County - WRR, File #1118891§5. xc: Nell Dorrfll, M~'ke Arrold, Bill Temby and filed. ']' Notice of Final Hearing from State of Florida Department of Labor and Employment Security, Division of Workers'Compensation Office of the Judge of Compensation :'~ Claims, District "M" re Imogene Calhoun, Claim #278--24-1286. ~.;/ xc: Nell Dorrtll, Ken Cuyler, Tom Whttecotton and flied. Florida Department of Natural Resources, Division of Beaches and Shores, Permit #025350 CO, Applicant, Andrew Saluan. xc: Nell Dorrtll, Bill Lorenz and filed. Letter to Chairman Hasse dated 1~/13/90 from Gerald G. Loft, P.E., District Traffic Operations Engineer, Florida Department of Transportation, re Notification of changes in traffic reffulattons, xc: George Archibald and filed. Letter to Chairman Hasse dated 11/7/90 from Robert L. Patton, Controller, Collier COunty Tax Collector's Office, listing distribution of Current Ad Valorem Tax to the Board of County Commtssfoners after Tax Collector's commissions, xc: Flied. Letter to BCC dated 11/9/90 from Attorney John Charles Heekin, representing J. Wtlcoxen, Inc. D/B/A Sod Busters, 'advising that they are furnishing labor, services and materials for the Collier County Road 951- Project. xc: Steve Carnell, John Yonkosky and filed. Mtnutea Received and Flied: A.' Golden Gate Parkway Beautification minutes of 10/9/90 and Agenda of 11/14/90. 9'B.' 'Golden Gate Fire Control & Rescue District Commission '!.b;,? . Agenda of 11/13/90. Page 57 November 27, 1990 ~ .Parks and Recreation Advisory Board minutes of 10/24/90 and'Agenda of 11/13/90. D. Planntng Commission Agenda for 11/19/90. .Notice of Public Hearing by the BCC re consideration of Petition CCSL-g0-? filed by Harry Huber, Office of Capital :~ Projects, re variance from the Coastal Construction Setback Line (CCSL). xc: Flied. Notice to Owner to BCC from Seacoast Supply, advising that they have furnished interior wallboard, exterior stucco systems and related accessories for the HRS Bldg., under an order given by H. D. Rut/edge & Sons, Inc. xc: Steve Camel] John Yonkosky and filed Notice to Owner to BCC dated 11/13/90 from Bonita Limestone Transportation, Inc., advising that they have furnished material and dump truck services for the South County Regional W.W.T.F., under an order given by Grlffith Paving. xc: Steve Carnell, John Yonkosky and filed. Notice to Owner to BCG dated 11/9/90 from Barnes Industrial Plastic Piping, Inc., advising that they have furnished PVC pipe, valves, fttttngs and miscellaneous material for the Manatee Road, Naples/Collier County Pump Station Well, under an order given by Hydro Well. xc: Steve Carnell, John Yonkosk¥ and filed. Notice to Owner to BCC dated 11/?/90 from Technical Ventures, Inc., advising that they have furnished filed installation and erection of one bolted aluminum dome roof, for the South Service Area Effluent Storage Facilities, County Bid #89-1495, under an order given by D. N. Higgins, Inc. xc: Steve Carnell, John Yonkosky and filed. Notice To Customers of Application and of Service Hearings dated 11/9/90 from the Public Service CommiSsion, re hearing for water and wastewater rate Increase. xc: Nell Dorrtll, Mike Arnold and filed. Letter dated 11/9/90 to BCC from Attorney Robert S. Medvecky enclosing Naples Industrial Park Ltd.'s Notice re extension of its territory, xc: Nell Dorrtll, Mike Arnold and filed. 21. Twentieth Judicial Circuit In And For Collier County, Florida, Notice of Voluntary Dismissal, Immokalee Water and Sewer District, Plaintiff vs. Untdad, Inc., Case j.. #90-0499-CA-01. xc: Ken Cuyler, Neil Dorrill and filed. Page 58 ~22 · November 27, 1990 Letter dated 11/14/90 w/attachment to Chairman Hasse from J. M. Armstrong, Executive Director, West Coast Inland Navigation District, with information for use and con- sideration while working on the Beach and Inlet Preservation Committee of South West Florida. xc: Harry Huber, Neil Dorrill and filed. being no further business for the Good of the County, the was adjourned by Order of the Chair - Time: 6:10 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ap?roved by the Board on ~ or as corrected Page 59