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BCC Minutes 08/22/1989 R Naples, Florida, August 22, 1989 LET IT BE REMEMBERED, that tile Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning App.eals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR $1$SION in BuildinG "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Burr L. Saunders Max A. Hasse, Jr. Richard S. Shanahan Michael J. Volpe Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Maureen Kenyon, Ellie Hoffman, and Annaliese Kraft, Deputy Clerks; Nell Dorrill, County Manager; Ron McLemore, Assistant County Mana!;er; Tom Olliff, Assistant to the County Manager; Ken Cuyler, CounTy Attorney; Kevin O'Donnell, ]Public Services Administ~ator; Geor(;e Archibald, Transportation Services Administrator; Frank Brutt, Community Development Admlnistrato~c; Mike McNees, Utilities Finance Director; William Lorenz, Environmental Services Administrator; James Reardon, Emergency Services Administrator; James Butch, Environmental Specialist: Ken Bag]nski, Planning Services Manager: William Laverty, Growth Management Planner; Bryan M.[lk and Philip Scheff; Planners; Dick Clark, Code Enforcement Super~lsor; Nancy Israelson, Adminis%rative Assistant to the Board; and Deputies Tom Storrar and Sam Bass, Sheriff's Office. Page AUGUST 22o 1989 AGENDA - APPROVED WITH CHANGES Commissioner Volpe moved, seconded by Commissioner Hmsse and carried unanimously, that the Agenda be apgrovsd with the following changes: 1. 8 o Item 5B Added - Proclamation designating August 22, 1989, as Naples Queens and Naples Braves Softball Teams' Day. Item 9H4 Added - Discussion regarding Budget Workshop on Wednesday, August 23, 1989. (County Manager's request). Item 9H1 Withdrawn - Recommendation to approve a water main improvement and installation agreement for Pine Ridge Road Industrial Park. (Staff's Request). Item iOA Continued to 9/5/89 - Appeal by Can-American Naples, Ltd. of the County Attorney's determination that developer does not have vested rights and the developer is not exempt from the impact fees as required by the Parks and Library Impact Fee ordinance. (County Attorney's request). Item 14Bi Continued to 8/29/89 - Recommendation to award the bid contract #89-1443 for tree cutting and disposal of forty (40) trees in the Lee Cypress Area to R-B Lawn Services, Inc. (Staff's request). Item 14F2 Continued to 8/29/89 - Authorize emergency medical services to transfer funds from capital outlay and reserves for contingency to operating expenses and personal services. (Staff's Request). Item 9C2 Continued - consideration of request from Salvation Army regarding its request for $250,000 from Collier County. Item 14G! moved to 9Gl - Recommendation that the BCC award Bid #89-1440 for the transport of fill material from the County Fairgrounds to the Naples Landfill to Swiftline Trucking, Inc. Item 14G2 moved to 9G2 - Recommendation to approve issuance of purchase order for final design phase of Naples Park drainage project. 10. Item 14G3 moved to gG3 - Recommendation that the BCC approve a budget amendment to provide funds to purchase fill material fcr Phase III of cell six liner project. 11. Item 6B1, re Petition ZO-89-13, Continued indefinitely. 12. Item 6C3, an Ordinance amending Ordinance 82-2, Continued to September 5, 1989. 13. Item 6C4, an Ordinance amending Ordinance 76-6, Continued to September 5, 1989. 14. Item 6C5, an Ordinance amending Ordinance 82-2, Continued to September 5, 1989. 15. Item 6C6, an Ordinance amending Ordinance 76-6. Continued to September 5, 1989. 16. Item 6C7, an Ordinance amending Ordinance 82-2, Continued to September 5, 1989. Page 2 AUGUST 22, 1989 17. Item 6C8, an Ordinance amending Ordinance 74-50, Continued to September 5, 1989. 18. Item 6C9, an Ordinance amending Ordinance 86-28 as amended by Ordinance 87-80, Continued to September 5, 1989. Item ~[PLOYEE SERVICE AWARDS - PRESENTED Commissioner Saunders presented a service award and a pin to the following employees: Spencer Drake, Parks and Recreation - 10 years Michael McNees, Utilities - 5 years PROCLAMATION DESIGNATING AUGUST 22, lg89, AS NAPLES QUEENS AND NAPLES BKAV~S $OFTEALL TEAMS' DAY - ADOPTED Upon reading of the procla~ation, Com~tssioner Saunders ~oved, seconded by Co~iesion~r Shanahan and carried unanimously, that the proclamation designating August 22, 1989, as Naples Queens and Nap/es Braves Softball Teams' Day be adopted. A coach representing the Naples Braves thanked the Commission and the County for their support that has been given to the Naples Braves. A coach representing the Naples Queens also thanked the Commission and the County for their support as well as the services of the Parks and Recreation Department. Commissioner Saunders indicated that it cost the teams approxima- tely $800 for bus fare from Naples to Tampa and indicated that the County will look for private contributions to reimburse the teams. He also noted that he had received a letter from McDonald's at Park Shore Plaza inviting them to a special event and also a letter from Pizza Hut inviting them to a pizza party. PaGe AUGUSt 22, 1989 Itell #6B2 OP~;ENANCE 89-60 RE PETITION Z0-89-11, AMENDING OI~DINANCE 82-2 PRO~?IDING FOR THE REPEAL OF SECTION 8.31 AND CREATING THE COLLIER CO~I~/ SIGN ORDINANCE - ADOPTED WITH CHANGES Legal notice having been published in the Naples Dally News on June 28, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an amendment to Collier County Zoning Ordinance 82-2 providing for the repeal of Secl:ton 8.31 and creating an ordinance to be known as the Collier Cour~ty Sign Ordinance. Planning Services Manager Bagtnski stated that this Is a request to a~mend the existing Collier County sign ordinance, adding that this ordinance will provide amendments to the existing permitting proce- dures. He noted that major changes and considerations in this proposed ordinance are an increase in the front footage requirements for on-premises pole signs or ground signs; a reduction in the number and size of signs within shopping centers; the inclusion of extensive on-premise pole signs; establishment of an amortization schedule for non-conforming signs; expanded language concerning signs exempt from permitting; signs specifically prohibited; requirements for temporary and ~pecial purpose signs; establishment of a variance procedure; pro- visions for a uniform sign program for large developments; and establishment of an enforcement and penalties procedure. He Indicated that this proposed ordinance was presented to the CCPC twice, noting that the CCPC and staff attempted to Incorporate many of the suggestions that have been identified in the Executive Summary. He stated that he has attempted to identify the major changes tn a com- parison form for the consideration of the Board. He reported that based on the CCPC hearings, an additional section would be included as Section 6.01I, Uniform Sign Plan. He indicated that this created a section that would account for large developments and during the courage of review, detailed plans could be submitted to Identify the location signs, types of signs, etc., and if adopted, recommendation to the Board would be an addition to the existing ordinance. Re tndt- Page 4 AUGUST 22, 1989 cated that upon ~loser examination and consideration, it has been determined that this section be deleted at this time, and within 6 to 8 months he will be bringing this proposed ordinance back ~o the BCC for some fine tuning. He stated that he has tried to take into con- sideration all the circumstances that may come about, but there will probably be situations in the future that should be addressed. In answer to Commissioner Hasse, Mr. Baginski stated that there is an amortization schedule that is included within the proposed ordi- nance. He stated that for the signs that are prohibited or illegal, it would be 60 days to 180 days to comply. He indicated that for on- pr(~mise signs, wall signs or pole signs, compliance must be met within 3 years. He stated that billboards would be allowed two years unless they formally applied for an extension which could be from 3 to ? years. In answer to Commissioner Volpe, Mr. Baginskt stated that politi- cal signs would be coveted under a blanket permit due to the numerous applications for these signs durlng various parts of the year. Mr. Baginski stated that with regards to the amortization sche- dule, billboards would become non-permitted signs under this ordi- nanze. He stated that with the adoption of the ordinance, those signs In existence would have two years to continue to use that sign, noting tha't they would be able to apply for an extension of the sign based on the value of the billboard. Commissioner Shanahan questioned if there has been any concerns with the size reduction of 250 square feet to 100 square feet and one sign per entrance to a shopping center? He stated that there are a number of names on these signs and questioned if thJ. s is going to be severely restrictive7 He also questioned whether the 250 square feet or 20% of wall coverage down to 60 square feet is al~o severely restrictive? Mr. Baginski stated that the major difference comes in the area of the shopping centers, adding that under the existing ordinance, a shopping center is allowed one sign on each major entrance which is a Page AUGUST 22, 1989 Class "B" sign and is restricted to 100 square feet, which is also being proposed in this ordinance. He stated that under the proposed ordinance he is requesting that the directory sign, which is a separate sign from the shopping center identification sign, be reduced in size from the allowed 250 square feet to 100 square feet which would be a double sided sign which means that there would be 100 feet on each side. He noted that the directory sign would be limited to one major entrance for each stree': or frontage of the shopping center, adding that if there were three entrances they would be allowed three directory signs with a maximum of 100 square feet. He indicated that at present there is an allowance for 20% of the face of the structure for a sign with a maximum of 250 ~quare feet, adding that the proposed ord.inance indicates a reduction which would allow for 20% of the face of ~:he building, not to exceed 60 square feet. He indicated that for lar~ler shopping centers, a ratio of one square foot of additional signage for every two feet of setback from the minimal structural requirements to a maximum of 100 square l,et would be allowed. Commissioner Shanahan questioned if there is adequate enforcement in ~he proposed ordinance, to which Mr. Baginski stated that there are a number of problems under the ex~.sting ordinance. He stated that he did not use a grandfathering clause because of the problems that arise from this, noting that with an amortization schedule this will give everyone enough time to remove their signs or bring them into compliance. Code Enforcement Supervisor Clark indicated that the Code Enfor- cement Board will be enforcing this ordinance, noting that signs will be identified when the ordinance Is adopted and the people have 60 to 90 days to remove them. He noted that even after the time limit, he works with the people to try and bring them into compliance with the ordinance. The following people spoke in favor of the ordinance with the exception of the provisions for the square footage for the shopping center sign and the wall sign which are too restrictive: Page 6 Jack Conroy, Commerical Realtor Gary Carlson, representing the Collier County Builders and Contractors Association Mike Davis, Vice President of Sign Craft Michael Boyd, President of Signs and Things Ed Jansen Hubert Howard, representin%l Naples Area Chamber of Commerce Dennis Lynch, 3350 Gordon [)rive The following person spoke in favor of the ordinance as it ts being presented: Molly Magee, representing the Isle of Capri Civic Association Mr. Boyd Indicated that there should also be a tag system, whereby a tag or permit is displayed on the sign in the bottom corner and when inspectors are driving around the County looking for violations, they would readily see the tag and would immediately realize that the sign is in conformance with the ordinance. Attorney Dudley Goodlette, representing the Registry, stated that in reviewing the ordinance it ~tppears that the County is trying to distinguish between residential and non-residential uses, but there is a concern about the existing signs at the Registry Hotel which is in the Pelican Bay PUD and is in a predominantly residentially zoned district, but it ts not technically zoned residential, noting that the existing~illuminated sign on the building would comply with and wou2d be less than 1OO square feet total. He stated that he is not sure if this ts the regulation that would govern them or if they are tech- nically in a residential district and would be subject to the 60 foot limitation under that district. County Attorney Cuyler stated that all the development standards by which this facilJty was built, were the commercial development standards and he does not see any problem. Mr. Baginskl stated that he does not see any problems with the Registry sign and Mr. Goodlette Indicated that as long as there are no problems with the Registry sign, he does not have a problem w~th the proposed ordinance. Mr. Donald Turner, owner-operator of the McDonald's stores ~n Collier County, stated that the first store that was opened has a sign Page ? AUGUST 22, 1989 that is 55'8" in helght and it was permitted. He noted that this store is on a leased piece of ground in front of the shopping center and questioned if he will be allowed to have a sign when he takes down the 55'8" inch sign. Mr. Baglnskt stated that if this parcel of ground is a legal par- cel established with separate legal descriptions approved and meets the requirements of the zoning district, then a free standing sign would be allowed. He noted that it would have to be in conformance with the ordinance though. Mr. Turner stated that he feels that a 20 foot high sign is not high enough and would request that the signs be at 25 feet in height. He indicated that all of his signs have been 25 feet from the elevation of the ground to the top of the sign with the exception of one and he does not feel that he should have to cut each one of the poles five feet. He noted that every time a road is four-laned or paved in front of a McDonald's, the sign would have to change and he feels that the height change is too restrictive. Commissioner Shanahan moved, seconded by Commissioner Goodnight and carried unanimously, that the public hearing be closed. Commissioner Saunders stated that he feels that the sign ordinance is a good one, but he feels that the 250 square foot signs for the shopping center and the wall signs going up to 250 square feet should remain as they are. He stated that he feels that the pole height should not be reduced either, adding that the recommendation of placing tags on the sign is a good one. He stated that he is ready to support the ordinance with those changes and the deletion of Section 6.01I. Mr. Bagtnskl stated that under the existing ordinance as well as the proposed ordinance, shopping centers are allowed to have two signs on major entrances. He stated that one sign under the existing ordi- nance is a Class "B" which is still restricted to 100 square feet but the second sign under the existing ordinance would allow 250 square feet as opposed to the suggested 100 square feet in the proposed ordi- Page 8 AUGUST 22, 1989 nance. He indicated that the directory sign would be limited to 100 square feet under the proposed ordinance. Co.missioner Shmnahmn moved, seconded by Commissioner Hesse and carried unanimously, that the Ordinance am numbered and titled below be adopted with the height restriction remaining at 26 feet; the shopping center sign remaining at 250 square feet; the wall etgn remaining at 250 square feet but no more than 20~ of the building; a tag system for signs be implemented; Section 6.Oli be deleted; and entered into Ordinance Book No. 36: ORDINANCE 89-60 AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY SIGN ORDINANCE PROVIDING FOR THE REGULATION OF SIGNS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR SIGNS EXEMPT FROM PERMITTING; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR PERMITTED SIGNS; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR VARIANCES; PROVIDING FOR PERMITTING PROCEDURES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE REPEAL OF SECTION 8.31, OF ORDINANCE NO. 82-2, (COLLIER COUNTY ZONING ORDINANCE) AS AMENDED, IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECESS: 10:30 A.M. - RECONVENED: 10:40 A.M. Item #6C1 RESOLUTION 89-210 RE PETITION CCCL-89-5C, ANCHOR ENGINEERING, REPR. S~AWINDS MARCO CONDOMINIUM ASSOCIATION, REQUESTING A VANIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE TO ALLOW FOR CONSTRUCTION OF AN ELEVATED DUNE WALKOVER - ADOPTED WITH ADDED STIPULATION Legal notice having been publJshed in the Naples Daily News on August 3, 1989, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-89-5C, filed by Anchor Engineering, representing Seawtnds Marco Condominium ,Association, requesting a %ariance from the Coastal Construction ,Control Line (CCCL) to allow for ~ne construction of an elevated dune ,walkover at the Seawinds of Marco Condominium. Barbara Prynoski, Environmental Specialist I, stated that the petitioner is requesting a variance from the Coastal Construction Control Line to allow the construction of an elevated dune walkover and for the removal of an existing dune walkover. She stated that the petitioner is requesting the removal of the existing non-compliance Page 9 AUGUST 22, 1989 dune walkover because it does not meet the County codes and DNR regu- lations. She Indicated that this was a grade with a dune and it is now becoming partially covered by the dune sand on the most landward side and the most seaward side projects to the southern boundary onto another person's property. She noted that they are requesting to rec- tify the situation by the construction of a new dune walkover 15 feet north of the existing dune walkover and it will not be erected in an area of any native dune vegetation and will meet compliance with DNR's regulations of allowing an elevation over the highest most point of the dune, thereby allowing for some natural dune vegetation to root itself. She indicated that staff is recommending that this petition be approved with the four stipulations in the Executive Summary and an additional stipulation which the petitioner has agreed to which should read as follows: "Petitioner, upon removal of the existing walkover, shall revegetate the area with native dune vegetation." In answer to Commissioner Volpe, Ms. Prynoski indicated that a permit has to be issued by DNR after local approval is received. She noted that the County's CCCL is different than the State's. Co~misaioner Shananan moved, seconded by Commissioner Goodntght and carried u~mnimously, that the public hearing be closed. Commissioner Shanmhan moved, seconded by Commissioner Goodnight mnd cm~ried unanimously, that Resolution 89-210 re Petition CCCL-89-5C be adopted subject to the inclusion of the additional sttl;ulmtion aa noted above. Page 10 AUGUST 22, 1989 It,tR #6C2 O~)INANCE 89-61 AMENDING ORDINANCE 88-59 FOR THI MARCO ISLAND B~CHFRONT RENOURISHMENT FACILITIES MUNICIPAL SERVICE TAXING UNIT - ADOPTED Legal notice having been published in the Naples Daily News on August 3, 1989 and the Marco Island Eagle on August 2, 1989, as evi- denced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 88-59 for the Marco Island Beachfront Renourlshment Facilities MSTU. Commissioner Saunders stated that this item is to simply include properties that were deleted from tax rolls for this project and asked if there were any questions7 Commissioner Volpe questioned if those that had been excluded are voluntarily agreeing to be included, to which Technical Services Supervisor Huber stated that a letter is being formulated that will request their voluntary contribution. He noted that if the ordinance is adopted this date, those four parcels that were excluded will not be included on the tax rolls for Fiscal Year 89-90 but will be on the tax roll for the following year. He stated that the voluntary contri- bution would be for this coming year. Mr. Frank Blanchard stated that there are four parcels that will not be taxed for this beachfront district, notinG that two of the four are single-family homes and they have voluntarily supported this effort and it would be easy for them to voluntarily pay the equivalent of what would have been on their tax bill. He stated that two of the four are multi-owner properties, noting that they have a procedure that they would like to suggest in order for these two property owners to pay their share of the tax. He stated that a letter from the Commission would be useful in trying to present the issue to the multiple owners asking for their voluntary donation of their share of the tax. Co-~issloner Sb, aahan moved, seconded by Co~taaloner Hmsse and carried unanimous/y, that the public hearing be closed. Page 11 AUGUST 22, 1989 Cmmisstoner Shanahan aoved, seconded by Co--tssioner Saunders and carried unani~ousl¥, that the Ordinance as numbered and titled below be a~dopted and entered into Ordinance Book No. S6 and that Staff be directed to draft a letter for the Chairman's ei~natnre that the owners of the four parcels that were Inadvertently left off the tax roll be asked to voluntarily pay their fair share for the pro- Ject: ORDINANCE 89-61 AN ORDINANCE AMENDING ORDINANCE 88-59 FOR THE MARCO ISLAND BEACHFRONT RENOURISHMENT FACILITIES MUNICIPAL SERVICE TAXING UNIT; I?ROVIDING AUTHORITY, PROVIDING FOR ITS BOUNDARIES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Item RESOLUTION 89-211 RE PETITION PU-89-4, DR. N~NO J. SPAGNA, REFR. TH~ NORTI[ NAPLES BAPTIST CHURCH, INC., RE PROVISIONAL USE ESTAteS ZONING DISTRICT FOR A CHURCH AND RELATED FACILITIES ON PROPI~TY LOCATED AT THE NORTHWEST CORNER OF 18TH AVENUE N.W. AND OAKS BOULI~ARD - ADOPTED SUBJECT TO PETITIONER'S AGREEMENT AND FINDING OF FACT Planner Scheff stated that this is a request for a church tn the Estates District at 18th Avenue N.W. and Oaks Blvd. and consists of 4.6 acres. He stated that the proposed provisional use Is In compliance with the Growth Management Plan. He indicated that undeve- loped woodlands presently exist to the west, other neighborlng proper- ties are developing with s~ngle-fam~ly homes; therefore, to mitigate noise and glare impacts upon neighboring properties resulting from automobile headlights and vehicle noise, Staff recommends a buffer be provided along the northern, southern, and western boundaries of the parcel, uti,er than for access points, adjacent to the developed por- tion of th, property. He Indicated that existing native vegetation may be utilized ~n providing the landscape buffer and parking security lights shall be located so as to prevent glare upon neigh- boring properties. He stated that based upon the investigation and the fact that church facilities are infrequently used and the recom- mended mitigation measures, Staff recommends approval. He noted that the CCPC held their public hearing August 3, 1989, and forwarded this petition with a recommendation of approval by a vote of 5/2, subject Page 12 to the staff stipulations and the addition of Stipulation "P" which states that "No day care facilities, except during church services, shall be allowed for this provisional use." He indicated that 6 people spoke in opposition to this petition at the public hearing and one petition with 11 names of residents surrounding the proposed church has been received in favor of this because the church would encourage neighborhood participation in the design and landscaping of the proposed facility. He stated that five letters of opposition were received and one petition with 167 names in opposition citing the de,,ire to keep this area strictly residential housing, concerns re,larding traffic impact, parking lot lighting, and the effect the proposed project would have on surrounding property values. He indi- cated that it is the recommendation of Staff that this pet]t/on be approved. Commissioner Volpe questioned what other permitted uses would be allowed in addition to the church services, to which Planner Scheff stated that accessory uses are offices, classrooms, storage areas, and day care. Commissioner Shanahan questioned if Staff has any concern with regards to the traffic impact, to which Mr. Scheff indicated that Staff does not feel that the traffic impact will cause a hardship on the road circulation system. Commissioner Volpe questioned if there are any other provlstonal uses in the immediate area, to which Mr. Scheff indicated that re¢:enti¥ a provisional use extension was approved for a church at the intersection of Vanderbtlt Beach Road Extension and Oaks Blvd. He noted that there is also a church at 24th Avenue N.W. In answer to Commissioner Hasse, Mr. Scheff indicated that the Go]den Gate Estates Master Plan has not been taken lnto cc:~slderation because the zoning is Estates and the comprehensive plan land use de~ignatton allows churches as a permitted non-residential use. Dr. Neno Spagna, representing the Petitioner, stated that as a provisional use, it is encumbent on the petitioner to show to the Page ~3 satisfaction of the Board that the p~'ovislonal use is compatible with the surrounding area and that the petitioner has taken due care that there will not be an adverse effect on the surrounding properties. He no,ed that there is a sing/e-family home north of the subject property that is located on a 150 foot lot and there is also a home to the south which is located on a 330 foot lot. He noted that the present ordinance requires a setback of 75 feet and they will be setting the church back 82-1/2' to be in line with the home to the north. He indicated that a 40 foot undisturbed buffer area along the northern portion of the property will be left and there will be a distance of 115' from the property line to the church building. He stated that the southern portion of the property would be landscaped and buffered according to the ordinance. He noted that the placement of trees will be every 50 feet along the streets. He noted that the ingress and egress has been arranged in a way that will be compatible with the surrounding homes in the area. He indicated that he has agreed to all the stipulations that have been included by Staff and the CCPC. In answer to Commissioner Hesse, Planner Scheff stated that there Is a dirt path for a future extension of 18th Avenue N.W. on the south and the home to the south is on the other side of that dfrt path. Transportation Services Administrator Archibald stated that under Item "I" of the agreement sheet, the petitioner will be required to improve the existing limerock road located to the west of Oaks Blvd. to a paved road standard between Oaks Blvd. and their entrance on 18th Avenue N.~;. In answer to Commissioner Volpe, Dr. Spagna indicated that there will be a day care facility, office space for the pastor, a'%d small meeting areas. He indicated that there are no plans to expand th~s facility, but in order to enlarge the facility, the petitioner would have to return to the Board for approval. Rev. Hixon Helton stated that their church congregation has members and is three 'years old. He noted that worship services are Pa~e 14 AUGUST 22, 1989 held on Sunday and Wednesday evenings. He noted that after thorough research of this property it was purchased, noting that approximately 60% of the membership lives in the North Naples area. He stated that he was pleased that the CCPC recommended approval of this provisional use as well as the Staff. He indicated that they will be good neigh- bors and will try to accommodate the wishes of the neighborhood in the construction of the building. He stated that he is requesting that this petition be approved by the Board. Commissioner Shanahan questioned if the 7,000 square feet will .accommodate the existing membership, to which Rev. Helton stated that this will be sufficient room for five years. Commissioner Shanahan questioned when this facility would be completed if the petition was approved, to which Rev. Helton ~ndicated 'that they have employed the services of an architect and he is waiting · to begin as soon as he has approval. Rev. Helton stated that there would be the worship services held at the church and a lot of meetings are held around the worship ser- ,;ices, adding that from time to time they have committee meetings and choir rehearsals during the week, but all activities are strictly church related. Deputy Clerk Hoffman replaced Deputy Clerk Kenyon at this time - 11:15 A.M. The fo/lowing persons spoke in opposition to Petition PU-89-4: Mr. Bruce C. Bower Mr. Michael Brigham Mr. Don Rung Mrs. Diane M. Rung Mrs. Valerie Thorsen Mrs. f.obert Dryburgh Mr. John Iamurri (submitted petiton w/25 signatures) Mr. Jack Vivonetto Mrs. Kathleen Ennis Mrs. Carol Dtckeson Mr. Jeffrey Siembor Mrs. Jeanne Epps Mr. Richard L. Dickeson Mr. Peter Vivonetto Mr. Larry Bechtol Mr. Joe Vivonetto Mr. Richard A. Simon Mrs. Barbara Hooper Mr. Curt Johnson Mr. Michael Sidlovsky Mrs. Irene Lynluk Mrs. Linda Badge Page 15 AUGUST 22, 1989 Those persons speaking in opposition to the above Petition, cited the following: Not opposed to the church, but a residential area is not an appropriate location for this use; impacts on the quality of life of area residents; increase in traffic; parking lot lighting; effects on property values; noise and exhaust pollution from the vehicles; impacts on wildlife; Golden Gate Master Plan should be adopted prior to any such approval; ludicrous to cut down trees for a parking lot; there are no sidewalks or bike paths which makes for a dangerous situation since vehicles travel down Oaks Boulevard at a high rate of speed. Dr. Spagna stated that this project will have very little effect on traffic since the members of the church will be using the area streets during periods when normal traffic is at iow ebb. He indi- cated that there are no plans to expand the facilities, but the Petitioner does not want to foreclose the possibility of some expan- sion at a later date. He advised that this project has 37 additional parking spaces than is required. He noted that all of the area resi- dents have the right of the use of their properties, but his client also has the right to use his property in a manner that he sees fit, adding that Zoning permits a church as a provisional use. Dr. Spagna explained that all requirements of the various reviewing agencies have been fulfilled, and the Petitioner believes that he will be a good neighbor. He stated that he and his client will continue to work with these neighbors to solve any problems that they may have. Commissioner Shanahan noted that services are to be held Sunday ~norning, Sunday afternoon, Sunday evening and Wednesday evening, in addition to other meeting and rehearsals. He questioned how often ~:hese meetings will be held and how many members will participate? }~everend Helton advised that In addition to the three main services, there will be an occasional committee meeting, a Deacon's meeting ~hich is held once a month, and the choir, consisting of 20-30 mem- '.ers, meets infrequently on other evenings. Page 16 AUGUST 22, 1989 Commissioner Shanahan questioned whether the possibility of a school or public housing for church membership is anticipated in future plans7 Reverend Helton replied negatively. Ta~ ~3 Commissioner Volpe stated that this is not the first application that has been made for a Provisional Use in the Estates Area, noting that this is one of the fastest growing areas in Collier County. He noted that one of the tenants of the Growth Management Plan is the preservation and protection of residential neighborhoods. He indi- cated that he has concerns that beyond the question of this particular Provisional Use In this location, the issue of Provisional Uses generally has not been addressed to his satisfaction. He explained that he does not have a problem with churches or institutions that are intended for the general weifa:e ,~f the public, but he is concerned generally about moving forward with any such Provisional Uses until there is a Plan in place. He suggested that perhaps any action on Provisional Uses be deferred until such time that there has been the opportunity to review the appropriate areas. Commissioner Hasse indicated that he concurs with Commissioner Volpe's comments and suggestions. He stated that the residents in the subject area purchased their properties for the simple reason of living tn an area with plenty of room to move and breath, with a country like atn,osphere. He noted that there are presently two churches in this area, and the impacts on the residential community must be taken into cons~deration. Commt~.stoner Saunders stated that the comments relating to Provisional Uses in general can be taken up later in the me~:ting, and if the Commission desires to adopt a policy this can be discussed after the conclusion of hearing the petitions that are presented today. Commissioner Shanahan noted that the common threads of concern that have been voiced are noise, safety, traffic, and speed, and he requested that Staff comment on these issues. Page 17 AUGUST 22, 1989 Planner Scheff explained that with regard to traffic, Oaks Boulevard is a collector road and traffic is being generated from the local streets in the area. He noted that the traffic which will be generated from the various groups that may use the facility for meetings will not be as Great as the traffic that will be generated from the regular church services. In relat'ion to the noise factor, Mr. Scheff noted that the church use is different than that of a residential home, since it Is a com- munity facility. He indicated that he believes that sufficient buf- ferinG can be worked out between Staff, the Petitioner and the area residents. Commissioner Hasse advised that the Golden Gate Civic Association has submitted a letter recommending that any action relactng to Provisional Uses be deferred until the Master Plan has been adopted. There were no other speakers. Commissioner Shanahan moved, seconded by Commissioner Volpe, to deny l~titton PU-89-4. Commissioner GoodntGht indicated that if this petition is denied, the representatives from the church need to obtain di.~ection of some type, but there are no guidelines to be followed. She noted that the majority of the Provisional Uses are in the Estates Area because there are few other areas available. She stated that the results of the survey that was sent out to the residents in Golden Gate ~nd Golden Gate Estates Indicates that most of the people that were polled are opposed to Provisional Uses, and questioned whether this means that there sho,ald be no approvals granted for Provisional Uses in Collier County for churches and public facilities7 Commissioner Volpe stated that the representatives from churches have no idea where it is appropriate for them to locate their churches, and the people in the established residential neighborhoods have no idea whether these structures will be located next door to their homes. He explained that during the discussions which took ~lace for the Adult Congregate Living Facility, the residents have Page AUGUST 22, 1989 suggested that these facilities be located close to one of the major arterials, rather than in the middle of a resldential neighborhood. He stated that the Commission needs to accept the responsibility of providing guidance for the future, if this petition is denied. Upon call for the question, the motion failed 2/3 (Conlaatonars Shanahan, Goodntght and Saunders opposed). Co~isaioner Goodnight moved, seconded by Commissioner Shmnmhan, to appro%~ l~tition PU-89-4, and that Resolution 89-21! be adopted, subject to the stipulations of Staff and the Collier Coun%~ Plmnning Co=-l~sion. Commissioner Saunders stated that he has very serious concerns about buffering and the placement of the facility. He explained that if the motion is approved, he would like to hear what the Petitioner is willing to do to accomplish appropriate buffering, make sure that there is appropriate screening for the lighting, etc. Dr. Spagna advised that he will meet with Hr. Vivonetto on the north, the neighbor to the south, and the neighbor to the northeast to work out the landscaping. He mentioned that the Ordinance does require certain landscaping around the parking area, and this may be sufficient to screen the vision from the two adjacent property owners; if not,.he will be glad to put in wax myrtle along the northern pro- perty line. He indicated that he wants to leave the door open to work with these neighbors, and try to accommodate them to the greatest extent possible. Upon call for the question, the motion carried 3/2 (Couisa~oners Volpe mad Hmsse opposed). Pm~e 19 AUGUST 22, 1989 · *~ Recess 12:35 P,H. - Reconvened 12:50 P.H. ese Item #7B2 RESOLUTION 89-212, PETITION PU-88-10C, ROBERT STOWERS REQUESTING EXTENSION OF PROVISIONAL USE "G" OF THE RSF-4 DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF BAILEY LANE, WEST OF AIRPORT ROAD (COMPANION TO PETITION R-88-8C} - ADOPTED Planner Scheff stated that the proposed Provisional Use extension is for cluster housing to allow 39 dwelling units (mixed single-family and cluster mousing) for property located on the south side of Bailey Lane, approximately 1/4 west of Airport Road in Section 23, Township 49 South, Range 25 East, 9.76 acres. Mr. Scheff advised that on September 27, 1988, Petition PU-88-10C was approved to permit Provisional Use "g" of the RSF-4 District for cluster housing. He noted that this Provisional Use will expire on September 27, 1989, and an extension has been requested. He indicated that the Collier County Planning Commission i~ recommending approval of the request for extension of PU-88-10C. In answer to Commissioner Hasse, Mr. Scheff advised that the Zoning Ordinance allows a one year extension of a Provisional Use. Mr. Robert Stowers stated that he is currently working on two other commercial projects, noting that economically, and t~ms-wise, things did not happen in the fashion he had anticipated. He advised that he still intends to go forth with the development, and the exten- sion will allow him the time to get started. Co~lsaioner Shanahan moved, seconded by Commiss~oner Goodnight and carried unanimously, to approve Petition PU-88-10C, and that Resoluttor, 89-212 be adopted. AUGUST 22, 1989 Item ,7B3 RESOLUTION 89-213, PETITION Pu-sg-8, DR. NEN0 SPAGNA REPRESENTING LAND PR~ LIMITED PARTNERSHIP REQUESTING PROVISIONAL USE *A' OF THE "E' ESTATES ZONING DISTRICT I~OR A TEMPLE AND TEMPLE-RELATED USES I~OR PROPERTY LOCATED ON THE SOUTH SrDE OF W~ITE BLVD., (PI~E RIDGE ROAD EXT. [ WEST 9~_~Q__u]~I'Y_. _ ~_9~A. ~__AI)9~T__E~.__~ ~T I PULAT IONS Planner Milk explained that this item is a request to obtain Provisional Use "a" of the "E" Estates Zoning District for a temple and temple related uses and facilities. He reported that lands to the north, east, south and west are zoned "E" Estates District. He noted that the Provisional Use will allow the construction and operation of a 300 seat temple and temple related facilities on the sub~ect pro- perry. He advised that the Petitioner is requesting that he be given ~:he option to initially construct 130 off-street parking spaces to take care of the sanctuary requirement, and that he be permitted to construct the remaining 145 off-street parking spaces as they are needed to serve the facility. Mr. Milk stated that residential land use surrounds the subject property and it ts recommended that the existing native vegetation remain between the proposed temple and the east property line to pro- vide a natural buffer for the exfsttng residential home on Lot 69. He added that it Is also recommended that the Petitioner move the pro- posed temple and educational wing 50 feet further to the west and omit the service driveway from the east side of the temple. He Indicated that prior to the issuance of building permits, the Petitioner would b~ required to submit a Site Development Plan for review and approval, per the Zoning Ordinance. Mr. Milk reported that the Collier County Planning Commission held their public hearing on August 3, 1989, and based upon their Finding of Facts, forwarded Petition PU-89-8 to the Board of Zoning Appeals with a recommendation of approval, subject to the stipulations con- rained in the Agreement Sheet. He advised that several people spoke concerning this petition at the CCPC meeting, noting that the ma3ortty of the speakers were opposed to this petition. He noted that several letters of opposition were also received, citing the following: Page 21 AUGUST 22, 1989 increased traffic on Pine Ridge Road Extension, increased car lights, increased noise on surroundinG residential neighbors and effects on property values. He indicated that Staff acknowledges possible noise and traffic concerns to the neighboring residential area. He explained that the site plan submitted with this Petition mu~t be revised to reflect all of Staff's recommendations (and any additional stipulations) as approved by the Commission. Mr. Milk stated that based upon the character of this area, and with the recommended mitigation measures, Staff has no objection to the request and recommends approval. Commissioner Volpe indicated that he has gone through the backup materials relating to this petition, and questioned what action was taken by the CCPC? Mr. Milk advised that the vote of the Collier County Planning Commission was 4/3, in favor of the petition. Com~mlsstoner Vo]pe stated that Messrs. Keyes, Link, Zimmerman and one other Commissioner opposed this Petition. He requested clarification as to the voting of the CCPC, since It appears that four of the mem- bers found this use to be Incompatible with adjacent p~opertles. Mr. Milk stated that he will research the minutes of the CCPC, and report back to the Commission momentarily on this matte~. ese ~p~l~'~ Clerk Xraft replaced Deputy Clerk Hoffman sC this tame ese Dr. Spagna stated that the displayed map does not show the elimi- nation of the road along the eastern portion of the property, nor does it show the relocation of the building from the original setback of 50 feet to 100 feet to accommodate a wider buffer between the building facility and the neighbor to the east. He reported that he would pro- vide the Board of County Commissioners wJ%h a map showing these cha~,jes. In response to Commissioner Volpe, Dr. Spagna replied that ~he acce~,s As off Pine Ridge Road, and there was a small service road east 02 the buildings, but that has been eliminated. Commissioner Volpe questioned the total number of square feet pro- posed7 Mr. Martin Millender, a partner in Land Procurement Limited Page 22 AUGUST 22, 1989 Partnership, responded that the proposed area Is in the 18,000 to 19,000 square foot range. In response to Commissioner Hasse, Mr. Mlllender responded that there are two accesses on Pine Ridge Road. Mr. Millender stated that he is a member of the Board of Trustees of Temple Shalom. He indicated that he is aware of the concerns and reservations of adJacen= property owners. He noted that the Jewish population in Collier County is growing and enlarging their present facility is not practical. He explained that Temple Shalom had been seeking a site for their religious facility for a year, and this site was selected primarily because the 14 acre size will allow room to provide adequate setbacks. He noted on the displayed aerial view both the area to be built on and how it will be maintained. He reported that adequate buffers will be provided to the south and east for the benefit of neighbors and this site was chosen because it is centrally located to their congregation. He reported that Pine Ridge Road, a major thoroughfare, will not create an appreciable effect on traffic in this area. He stated that the times for services will be: Frtd~ay evening between 8:00 P.M. and 10:00 P.M., Saturday morning bet- ~een 10:00 A.M. and 12:OO Noon, Sunday School 10:00 A.M. and 12:00 Noon and various gatherings during the week. Speakers for the Petition Rabbi Phillips Richard Treiser Budd%~ Smith Max Cadenhead Speakers Against the Petition Mr. L. H. Dunn Jim Andes Sam Cadreau Henry White The speakers for the petition indicated that larger facilities are neede, d for the Jewish population, there will be no adverse impact on traffic, landscaping and buffering will enhance the facility, the Tempi, ha~ been a good neighbor and will continue to be, and religious ~ci~ities are beneficial to aiding in drug problems for children. The speakers against the petition indicated that the added traffic, noise, water and sewer requirements would severely impact the neigh- borhood, property values will decline, people within a 3 mile radius will not use this facility, therefore, it is not a benefit to the co~- ~age 23 AUGUST 22, 1989 munlty, and the building does not meet fire protection standards of the County and the State. In response to Commissioner Volpe, Mr. Treiser pointed out the nearby residences on the displayed aerial, and in response to Commissioner Hasse, pointed out the rear yard clearance from the parking lot to the property line. Commissioner Volpe questioned if there was any objection to incorporating the adjustments made to accommodate neighbors into the Resolution? Mr. Treiser responded "Yes." Commissioner Volpe questioned if he would be willing to come back to the CCPC for any expansion of a provisional use and Mr. Treiser responded "Absolutely, it is our understanding that would be required and we would intend to abide by that". In response to Commissioner Volpe, he reported that an educational wing will be established, a multi-purpose room w..ll be built, an expansion facility next to the place of worship will be erected for larger holiday tur- nouts and coffee and cake will be served after services. Mr. Treiser noted that Staff has reviewed all aspects of water, sewer, fire and traffic requirements. In response to Commissioner Volpe, Mr. Treiser reported that there will be 137 parking spaces with room for expansion tc 270. Mr. Treiser pointed out the reason the initial p~rkinG was put on the east side of the facility was so that the neighbox, s would not have a parking lot next to them. Mr. Millender explained that the additional parking places would be located to the west. In respoP~e to Commissioner Hasse, Mr. Treiser stated that there are no plans for the west side at present as it is the nicer portion of the property, and it will be preserved until such time as tho parking will be expanded. in response to Mr. Cadenhead, Commissioner Hasse stated that the 's~ue is doing what is right for the people of Collier County and not whether a Baptist, Presbyterian, Catholic, or Jewish facility is pro- posed. He pointed out that the Board of County Commissioners has established a committee to formulate a master plan that will protect the rights of the people in Golden Gate and Golden Gate Estates. Page 24 AUGUST 22, 1989 Commissioner Volpe concurred and stated that the 125 places of worship in a community of this size indicates the moral fiber of Collier County. (~lfunctioning Tape) In response to Commissioner Volpe, Transportation Services Administrator Archibald stated the Level of Service on the portion or Pine Ridge Road in the project is "B", a high service level, and increased volumes can be handled without going to 6 lanes and staying within a "C" or "D" Level of Service. Commissioner Volpe questioned how far The Vineyards DRI is in reference to the property and Bryan Milk, Planner, responded "approximately 1 mile away". Mr. Milk explained that the Board of County Commissioners cannot review parking, etc. for the project; it comes to Staff as a Site Development Plan. He indicated that Staff reviews any additions, extensions, and added parking on the Site Development Plan, and they can recommend it be brought back before the Board of County Commissioners. T~e #4 In response to Commissioner Volpe, Mr. Milk replied that approximately 1-1/3 tracts are involved in the site plan. Mr. Milk stated that if the provisional use is approved, the use is approved for the entire 15 acre site. Attorney Cuyler stated that the Board of County Commissioners have, as part of several provisional uses, in the past approved a pro- visional use for the structures shown, but indicated that any struc- tures not shown on the site development plan would come back to the Boari of County Commissioners for approval after review by Staff. ";om~issloner Volpe suggested that in Stipulation "M" the access points nut be informational but pinned down to two. Commissioner Volpe noted that Sam Cadreau, a City of Naples fire- man, indicated there was no water facility to provide on-site water for fire protection and depending on the construction of the building, an alarm and sprinkler system would be required. He questioned if the P~ ~e 25 AUGUST 22, 1989 building could be sprlnklered? Mr. Milk stated that Engineering and the North Naples Flre Department would determine that. Mr. Cadreau pointed out that this is a Golden Gate controlled district, and a building of that size under one or multi-roofs is addressed by the Mattonal Fire Protection Association adopted by the State and County. He emphasized that the building will have to be sprlnklered because is a public building and place of assembly. In response to Ccmmissioner Hasse, Mr. Cadreau explained that the well system, in order to provide sprinklers for that building, would have to be 10 Inches or larger and have the assistance of a fire pump. Mr. Milk reported that that would be addressed in Staff's stipulation for SDP approval. Commissioner Volpe questioned the area on the Future Land Use Map designated environmentally sensitive7 Mr. Milk replied that there are more wetlands and sensitive vegetation on the westerly side of the property. Commissioner Volpe noted that in the vote of the CCPC 4/3 for a~pproval of this Petition, Mr. Young found the use was not compatible ~,ith the surrounding neighborhood, but voted to approv~ the Petition. Co~tesloner Volpe ~oved that Petition PU-89-8 be apprc,-.~d ~nd R~solutlon 89-213 be adopted, subject to Staff stt~l~ttou; pr~i- ~xo~l ~ ~ approved for the part of the site where the factli~, ~rking ~d ~ture parking for e~slon ts located, not the entire p~cll ~ access ~ liltted to ~. Dr. Spagna stated that he thought his client would like the provi- sional use to cover the entire parcel, but upon expansion, they would come back to the Staff for review. Commissioner Volpe pointed out that a provisional use for the entire 15 acre parcel is not needed. Commissioner Volpe indicated that the only reason he favored provi- sional use for this Petition, as opposed to Petition PU-89-4, that the location ts on a major artery and fringes on the residential area. Commissioner Volpe emphasized that a provisional use for acres opens up areas that should not be opened up at this time. P~ge 26 AUGUST 22, 1989 Commissioner Saunders questioned if Commissioner Volpe would consider amending his motion to allow a provisional use for the site, but any expansion beyond what is contained on the site plan would have to be brought back to the Board of County Commissioners? Commissioner Volpe reported that there is no need to accommodate plans for the immediate future and he did not feel approving a provisional use for 15 acres is required. Commissioner Volpe replied that his motion would be whatever amount of acres are required to accommodate the plan with expansion for parking be approved, but the balance remain as it is. Co~alesioner Shanahan seconded the motion. Commissioner Saunders questioned Dr. Spagna's client's position and if the motion is acceptable? Commissioner Shanahan questioned if it the motion excludes the Petitioner from coming back at a later date and seeking a provisional use on the other 7 acres? Commissioner Saunders responded "that is correct" and Commissioner Volpe concurred. Dr. Spagna responded to Commissioner Saunders' question that provi- sional use for the portion of the parcel would be acceptable to his client. Upon call for the question, the motion carried 4/1. (G~atesioner Hasse opposed). Pag~ 27 AUGUST 22, 1989 2:20 P.H. Reconvened: 2:35 XCel #7B4 R~SOLUTXON 89-214 1~ PETITION PU-89-?, RIFLES RB2qT-ALL AND SALES ~Q~STI~ A ~I$ION~ USE ~R "g" ~ "h" OF ~ C-4 ZO~NG DIS~I~ ~R ~, S~ES ~ O~OR STOOGE OF CO~U~ION E~UI~ ON ~ SO~ SIDE OF U.S. 41 ~ST, SO~ OF C.R. 864 - A~D Co-~issioner Ooodnight loved, seconded by Connissioner Eases, that Petition PU-89-? be approved, subject to the CCPC'e recol~endation. Subject property is located on the south side of U.S. 4! East, approximately 2 miles south of C.R. 854, Rattlesnake Hammock Road, three miles west of C.R. 951, adjacent to Myrtle Woods PUD (also kno~rn as Lots 27 and 28, Block A, Myrtle Cove) in Section 29, Township §0 South, Range 26 East, approximately 1.37 acres. Mike Dombroskl, Coastal Engineering, representing the Petitioner, expressed concern regarding Stipulations "f." and "i". He stated that he ~ent a letter to Commissioner Saunders regarding this {copy not provided to Clerk to the Board). Mr. Dombroski noted that Stipulation "f" requires a right hand turn lane be provided at U.S. 41 at the pro- Ject entrance and the true issue is not the right-hand turn lane, but the timing. He stated that FDOT and County Staff determinL~ that the proposed rental use would not generate enough traffic to warrant an auxiliary lane. He reported that Collier County Right-of-Way Ordinance 82-91 setting right-h~4~d lane criteria requires an auxiliary lane when the volume to the development is greater than 520 vehicles per day and this provisional use generates 81 trips per day. He AndA- cat.ed that Myrtle Wood's PUD build-out will generate the impact and they have agreed to the responsibility of providing the turn lane An their SDP and this commitment is contained in the draft agreement he enclosed in Commissioner Saunders' letter. He emphasized that this agreement shifts the responsibility to the development that impacts the roadway warranting the right-hand turn lane. In response to Commissione~' Saunders, Mr. Milk emphasJzed that this is a stipulation of 'Walter Carter, Transportation Director, Road and Bridge, due to the capacity of the roadway and the deterioration it is viewed as AUGUST 22, 1989 necessary. Commissioner Saunders noted to Mr. Dombroski that there is a motion and second on the floor to approve the petition as presented by the CCPC and if the motion ts not acceptable, the person who made the motion can be asked to withdraw it. Mr. Don.broski stated that the second issue ts Stlp,~lation "t". He reported that be spoke with John Boldt, Water Management Director, and he did not object to releasing the inner 10 feet of the 20 foot ease- ment to allow the Petitioner to conform to the Zoning Ordinance with a 5 foot fence or iO foot landscaped buffer, not both. Commissioner Volpe stated that by vacating the easement, the Petitioner can move (:loser to the residential neighborhood. Commissioner Volpe indicated that special buffering is required adjacent to the family tract and vacating the easement would have an impact on the neighborhood. Commissioner Hasse concurred. Co~iasioner Goodntght stated that her motion st~nde. Commissioner Volpe questioned why renting of automobiles is not stated in the provisional use7 Mr. Dombroski responded that the Petitioner will be renting heavy equipment such as tractors, bulldo- zers, etc., but automobiles could be rented. Commissioner Volpe emphasized that he would like to be sure that landscaping will be pro- vided, rather than no green and pavement goin~ to the sidewalk. Mr. Milk indicated that in addition to Staff's minimum requirement for landscaping, another 6 foot strip will be provided and the stipulation for the rear buffer will be added protection. Upon call for the question, the ~otion carried un~n~Tt~ ~o adopt Re~o~=tion 89-214, re Petition PU-89-?, with stipulations. P~tge 29 AUGUST 22, 1989 Item AUTHORIZATION FOR STAFF TO AMEND SECTION THREE M OF COLLIER COUNTY ORDINANCE NUMBER 76-48 FOR THE COLLIER COUI~TY PARKS AND R~CREATION DEPARTMENT TO ALLOW DOMESTICATED ANIMALS WITHIN PARK BOUNDARIES FOR RECREATIONAL PROGRA~MS, PARK RANGER PROGRAMS AND LAW ENFORCEMENT PATROL - APPROVED Co~mlssioner Goodnight moved, seconded by Commissioner Shanahan and carried unanimously, that Staff be authorized to amend Section Three M of Collier County Ordinance No. 76-48 to allow domesticated animals within park boundaries for recreational programs, park ranger programs and law enforcement patrol. Item e9C2 R~QUEST OF SALVATION ARMY FOR $250~000 FROM COLLIER COUNTY - CONTINUED Item #9Gl BID NO. ~9-1440 FOR TRANSPORT OF FILL MATERIAL FROM THE COUNTY FAIRGROUNDS TO THE NAPLES LANDFILL - AWARDED TO SWIFTLINE TRUCKING, INC. IN THE AMOUNT OF $68~250.00 Legal notice having been published in the Naples Daily News on June 22, 1989 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until 2:30 P.M. on July 5, 1989, to consider Bid No. 89-1440 for the transport of fill material from the County Fairgrounds to the Naples Landfill. Commissioner Volpe questioned this is a budget transfer? So/id Waste Director Fahey responded that the Courty was reimbursed for the cost that was incurred by the Water Management, and the Transportation Division will be pa'FinE them 71 cents a ton for the material which offsets the expenditures. He stated that in addition a hauler will be paid $1.95 per ton to bring the material from the County Fairgrounds to the landfill. Commissioner Volpe questioned if the County is paying another agency of the County Government? Mr. Fahe¥ responded "Yes." In response to Commissioner Volpe, Mr. Fahey responded that the County does not have the capability to hau3 that volume of fill. Commissioner Volpe moved, seconded by Comm~setoner carried unanimously, that Bid No. 89-1440 in the amount of $68,250.00 be awarded to Swiftline Trucking, Inc. Item BUDGET AMENDMENT IN THE AMOUNT OF $~,100.00 PROVIDING FUI~.'~ TO PURCHASE FILL MATERIAL FOR PHASE III OF CELL SIX LINER PROJECT - APPROVED P.~ge 30 AUGUST 22, 1989 Commissioner Volpe questioned stockpiling the fill? So/id Waste Director Fahey that the next phase of the County's lined cell work in a few years require a minimum 2 foot general elevation of the land. He stated that by taking advantage of this available material, the County has the opportunity to purchase the fill at a lesser cost. Co--iaaloner Volpe moved, seconded by Couisstoner Easse ~nd carried unanimously, that a Budget A~end~ent in the aount of 893,100.00 prov~ding f~ds to purchase f~l~ material for Phase III of Cell S~x Liner Project be approved. I~em ~902 PURC~S~ O~R ~OR ~IHA~ DgSIGH P~S~ O~ H~gS P~ D~I~AGg PRO.CT IH T~ ~O~ O~ 81~0,000 to iGNOre, B~gR · ~R~AG~, ZHC. - ~PRO~D Commissioner Volpe asked for Mr. Lorenz's comments on the plans for the Naples Drainage Project. Environmental Services Administrator Lorenz responded that on March 21, 1989, the Board of County Commissioners directed Staff to receive the final design plans for drair~age and improvements. He stated that the budget amendment was initiated to begin this work. He noted that the Executive Summary details the final costs and Staff will come back to the Bonrd of County Commissioners with the final cost for the plan. Couisstoner Volpe moved, seconded by Co~issioner Huas ~nd carried unanimously, that the Purchase Order for the Fxnal Design Phase of Naples Park Drainage Project in the a~ount of $180,000 to Agnolt, Barber and Brundage, Inc., be approved. ~tsm ~9H1 - Withdrawn Item #9B2 R~SOLUTION 89-215 ESTABLISHING THE ANOUNT OF OUTSIDE CONSULTANT AND LEGAL SERVICES INCURRED IN CONNECTION WITH THE PROCESSING AND EVALUATION OF TELESAT, INC.'S CABLE FRANCHISE APPLICATION; PROVIDING FOR REIHBURSE~ENT OF THIS AHOUNT TO THE COUNTY BY TELESAT, INC. - ADOPTED Co~tsstoner Shanahan moved, seconded by Co~iestoner Hasas, that Resolution 89-215 establishing the amount of outside consultant and legal services incurred in connection with the processing and eva- Page 31 AUGUST 22, 1989 luation of Teleeat, lnc.'e cable franchiee application and providing reimburgement of thig amount to the County by Teleeat, Inc. and pro- viding for an effective date, be adopted. Commissioner Volpe questioned what Palmer Cablevision purchased and what Telesat sold? Assistant County Attorney Wilson replied that Staff has been told the terms of the sale are confidential. Attorney WiAson stated that County Manager Dorrill sent a letter to Tele3at this past week advising them that the County understands they have withdrawn their application with the caveat that they are to understand they do not have a franchise and are not to operate a cablevision system in Collier County. Commissioner Saunders stated that after the Resolution is approved, Staff should contact Teleeat and Palmer Cablevision and if no ready payment is forthcoming, legal action should be taken against Telesat and any successor ~n interest. Commissioner Volpe questioned if the reimbursement of the County might be incorporated into the sale7 Attorney Wilson responded that Staff has not received a direct answer to that question. She noted that one company indicated whatever went on between Telesat and the County has nothln~ t~, d~, ,~;lh Palmer. She stated that Telesat indi- cated the responsfbllitles to the County wlll be taken care of. Assistant to the County Manager MacKenzie indicated that the dollar figure Is incorrect, and the correct total figure is $42,627.53 less $10,000.00 Telesat has given the County. He reported that a charge for blueprinting their maps was added to the figure. Upon call for the question, the motion passed unanimously. Page 32 AUGUST 22, 1989 Deputy Clerk Kenyon replaced Deputy Clerk Kraft at thie time - 3:00 P.N. lille Item #9H3 STAFF TO DEVELOP PLAN REGARDING THE AMOUNT OF MONEY THAT WOULD BE RECEIVED FROM A TOURIST DEVELOPMENT TAX AND HOW IT COULD BE USED Commissioner Saunders stated that the Tourist Development Council has recommended against a Tourist Development Tax for a variety of reasons, noting that Staff is not making a recommendation. He noted that under the Florida Statute, the County Commission can accept the recommendation of the Tourist Development Council or the Commission can place the tax on the ballot regardless of the recommendations of the Council. Commissioner Hasse stated that he would recommend that this matter be put on the ballot, adding that he feels that this tax is a good thing to have. Assistant to the County Manager MacKenzie stated that it may be a good idea to look at the Capital Improvement portion of the budget before any action is taken. Commissioner Saunders stated that if the Commission is interested in investigating putting this tax on the ballot, Staff should be directed to develop a Tourist Development Tax plan which would indi- cate what the funds could be used for and how much money would be received. He stated that there needs to be something to put on the ballot if the Commission is in favor of that. Commissioner Shanahan stated that he feels that the matter should be tabled at this time, as there are a lot of other things that need to be done like the sales tax referendum, the 1989/90 budget, and the ad valorem tax. He indicated that a 2% Tourist Tax will not develop enough money to accomplish the infrastructures that are needed. He stated that he does not feel that the timinG for this tax is right. Commissioner Volpe stated that he agrees with Commissioner Shanahan, noting that the time is not right. He stated that the Tourist Development Council did not agree as to the allocation of the revenues. ~,~age 33 Commissioner Saunders stated that the Council voting against the tax was beyond simply what it would be used for, noting that a lot of people felt that collection would be unfair and it would be unfair to tax a segment of the economy, but not all the economy. Com~issioner H·sse moved that St·fl be directed to come back with · proposal or plan regarding how the funds from · Tourist Development Tax could be used and what they could be used for. Commissioner Goodnlght stated that she does not know enough about either the Sales Tax or the Tourist Development Tax and would like to have some type of an analysis prepared for her to review prior to voting oil this matter. Co~satsstoner Shanahan seconded the motion. Commissioner Volpe questioned if the timing will ever be right and further questioned what the Commission will do when a plan has been prepared for the Commission? County Attorney Cuyler stated that once Staff has had a chance to prepare the plan and present it to the Board, there is always the option of sending it back to the Tourist Development Council for them to prepare a plan for the tax and distribution of the funds. Commissioner Saunders stated that he would vote in favor of this motion, but when it comes to the issue of whether this should be placed on the ballot, he is going to give great weight to the Tourist Development Council's recommendation. Commissioner Volpe questioned what the taxing district would be that will be contemplated, to which Commissioner Saunders stated that there were two different scenarios; one was to exclude Marco Island from the Tourist Development District because the money would be used primarily for beach renourishment and this would not be fair to Marco Island when they have a separate taxing district for this. He noted that another scenario ts the County-wide district. County Manager Dorrtll stated that Staff does not have a problem wlth the motion, noting that there are a lot of other capital improve- ment program deficiencies and Staff can be prepared to address compre- Page 34 AUGUST 22, 1989 hensive capital needs. He stated that they will look at all capital improvement needs comprehensively and available revenues and then the Commission can decide which ones to devote their attention to. The following people spoke against a Tourist Development Tax and asked that the Commission vote at this time to follow the recommen- dation of the Tourist Development Council which was to not have a tax: Ed Oates, representinG the Naples Area Chamber of Commerce Judy Keller, Tourist Development Council Member Rosemarie D'Haem, representing Marco Island Chamber of Commerce Hubert Howard, representing Naples Area Chamber of Commerce Board of Directors Stephen Wheeler, General Manager of Vanderbilt Inn Commissioner Volpe stated that this matter has been looked at over and over, noting that he will vote in favor of the motion, but he feels that the recommendation of the TDC should be accepted at this time as Staff could be spending their time on something more important because the likelihood of this matter being placed on the ballot is slim. Upon call for the question, the motion carried un~ni~ousl¥. · **** Co~iesfoner Saunders left the room at thee Item ~9H4 AUGUST 23~ 1989 BUDGET WORKSHOP RESGHEDULED FOR AUGUST 28~ %989 County Manager Dorrill stated that he will be out of town on August 23, 1989, due to the Growth Management Compliance Agreement, noting that this is the only day that DCA can see him. He noted that a budget workshop was scheduled for August 23, 1989, and in discussions with the Chairman, there have been two alternate dates identified. He indicated that they could be rescheduled for August 24, 1989, or August 31, 1989, or another date as determined by the Board. After a general discussion, it was noted that there is a budget workshop scheduled for Monday, August 28, 1989, from 2:00 P.M. to 5:00 P.M. and this meeting could be started at 9:00 A.M. and continued after 5:00 P.M. if necessary. County Manager Dorrill stated that a budget wrap-up session Page 35 AUGUST 22, 1989 contemplated for September 5, 1989, after the regularly scheduled Board meeting, noting that if there are any outstanding issues, they can be taken care of at that time. It was the general consensus that the budget workshop meeting be rescheduled from August 23, 1989, to August 28, 1989, at 9:00 A.M. Item #lOB COUNTY ATTORNEY GIVEN AUTHORITY TO APPROVE AGREEMENT BETWEEN VARI-CARE OF NAPLES, INC. AND COLLIER COUNTY TO ASSURE CONSTRUCTION OF ROADWAY IMPROVEMENTS RELATED TO IMPERIAL GOLF COURSE BLVD. LETTER OF CREDIT NOT TO EXCEED ~150,000 County Attorney Cuyler stated that this item is an agreement bet- ween Vari-Care of Naples, Inc. and Collier County to assure construc- tion of roadway improvements related to Imperial Golf Course Blvd. He noted that the purpose of this agreement is to assure the completion of certain roadway improvements, specifically the four-lantng of Imperial Golf Course Blvd., the traffic light, and some storage dece- leration lanes. He noted that the previous agreement was with Imperial Square Limited and this is a second developer that is deve- loping within the same area, adding that in every case, all subsequent developers will have to enter into the same type of agreement to assure the same type of improvements. He stated that he is requesting that this be approved in substantially this form to allow him to make some minor changes that have come about as a result of this company purchasing the property. He indicated that it has been requested that there be an ability to coordinate with the previous developer to have a Joint Letter of Credit for the total amount of the guarantee as opposed to having separate ones, adding that he would ask that the Board authorize him to make that decision. He indicated that he has not reviewed everything that he wants to and would like to have that flexibility. He indicated that the Letter of Credit may be $150,000 with it being split by the developers, adding that he is asking for approval with the understanding that there will at least be a total of $135,000 guaranteed between the two developers. He stated that he would like to have the discretion of the Board to handle this Fage 36 AUGUST 22, 1989 agreement. Attorney Tom Garlick, representing Vari-Care of Naples, Inc., stated that he ts willing to enter into the agreement, adding that if the total is $135,000 as in the original agreement, he does not have any problem with that. Commissioner Shanahan questioned whether the financial need would change if the FDOT requires two signal installations, to which County Attorney Cuyler stated that he feels that the amount would be substan- tially covered in the original price. He noted that he is not con- cerned with the four-laning going forward, as this will be done. He noted that if there is a dual traffic system, there is a provision in the agreement that indicates that both developers are responsible. He indicated that he referred to the $150,000 as the total Letter of Cre- dit which would be $75,000 for this developer and $75,000 for the other developer. He stated that the other developer has ~lready signed the agreement at $135,000, but they are interested in a Joint Letter of Credit. He stated that he would like to keep this discussion open, but still be able to protect the County. '''*' Co~isstoner Goodntght left the rooa at this ti~.Sees. Commissioner Shanahan moved, seconded by Commissioner Volpe, that the County Attorney have the authority to put the agreement together with the flexibility that he needs and to provide the Joint Letter of Credit in an amount not to exceed $150,000. Mr. Garlick stated that there is a signed agreement with the other developer for $135,000 and he does not want to have to come back to the Commission again for another approval. County Attorney Cuyler stated that he is receiving the approval from the Board at this time and will not have to return to the BCC for another approval. He noted that Jf the other developer wants to main- tain his separate $13§,000 security and wants to have the exact same terms of his agreement, he will be afforded that opportunity. He noted that if the other developer wants to change it and have a Joint letter of credit, he will have the flexibility if approved by the Page 37 AUGUST 22, 1989 Board, to address this. Upon call for the question, the motion carried 3/0, (Coutestoner Goodnight out of the room and Couleeloner Saundere left the meeting). e,, Comieeloner Goodnight returned to the aeeting at this ttae ese Item #llAI&2 BUDGET A~E~rTS 89-245; 89-269; 89-2?0; 89-271; ~ 89-273 - ADOPTED Finance Director Yonkosky stated that there are five budget amend- ments on the Clerk's report this week; three are matters not pre- viously discussed by the Board and two are regarding matters that have been discussed by the Board. He noted that the three budget amend- ments that have not been discussed consist of removing $6,000 from the Reserve for Contingencies in Fund 111 to capital outlay to build a conference room for the Community Development Administrator; in the General Fund there is a request for S15,200 from the General Fund Reserve for Contingencies to be moved to personal services which is Compliance Services, noting that two positions were transferred from Fund 111 to perform the compliance services for the County' ~ capital projects; and ~n Fund 113, there is a request to move $13,000 from Reserve for Contingency to Customer Services Admin. for personal ser- vices because o~ the excess work overtime load. Comiealoner Good~iGht Bored, seconded by Co~ieelonar Volpe amd carried 4/0, (Co~iesioner Saunders left the seating,) that Budget A~en~aenta 89-245; 89-269; 89-2?0; 89-271; and 89-2?3 be adopted. Commissionec ¥o]pe stated that with regal'ds to the pending contracts, there is still an interlocal agreement with the City of Naples on beach renourishment that has not been returned and an lnterlocal agreement with the City of Naples reGardin~ the Halstatt property that has not been returned, and questioned the status on them, to which Assistant County Manager McLemore stated that he will check into this matter and brinG the information back to the Board at the next meeting. BUDGET A~_WD~NT RESOLUTION 89-23 - ADOPTED Co~iee~oner Goodnlght ~oved, seconded by Comateeioner Volpe and carried 4/0, (Coamiealoner Saundere left the meeting), that Budget A~end~ent Resolution 89-23 be adopted. Page 39 AUGUST 22, 1989 Co~stsstoner Goodnight ~oved, seconded by Co--~tsstoner Volpe and carried 4/0, that the following items under the Consent agenda be approved and/or adopted: (Commissioner Saunders absent) Item #14A1 RESOLUTION 89-216 AUTHORIZING PRELIMINARY ACCEPTANCE OF TH~ ROI~AY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR TH~ FINAL PLAT - LAKESIDE PHASE II-A AT CITRUS GARDENS WITH STIPULATIONS - CONSTRUCTION AND MAINTENANCE AGREeMeNT Authorize the Chairman to execute the Resolution authorizing preliminary acceptance. Pr:,liminary acceptance of improvements will not become effec- tive until the sewer facilities have been conveyed to Collier County Water-Sewer District and the water facilities have been conveyed to the City of Naples. Preliminary acceptance of Phase II-B not be granted until the bikepath and landscaping are complete throughout ~he entire project. See ages Item ,14A2 STAFF AUTHORIZED TO ADVERTISE FOR REQUESTS FOR PROPOSALS FROM QUALIFIED LAND SURVEY COMPANIES FOR REQUIRED SERVICES BY COUNTY DIVISIONS AND TO APPOINT A REVIEW COMMITTEE Item #14A3 FINAL PLAT - DEVON GREEN AT AUDUBON WITH STIPULATIONS - CONSTRUCTION AND M~__TNTENANCE AGREeMeNT Accept the Subdivision Bond and Maintenance Bond as security to guarantee completion of the subdivision Improvements. Authorize the recording of the Final Plat of Devon Green at Audubon. 3.Authorize the Chairman to execute the construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. se. Item #14B1 - Continued to August 29, 1989 Item #14B2 LEASE AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND ALAGOLD CORPORATION, AN ALABAMA CORPORATION, D/B/A LANDMARK ESTATES, PROVIDING A STORAGE AREA FOR BOATS AND RECREATIONAL VEHICLES FOR THE R~SID~NTS OF r. awl~A~ ESTATES Item ~14C1 ,,- Page 40 AUGUST 22, 1989 AMENDNENT TO AGREEMENT WITH THE COLLIER SOIL AND WATER CONSERVATION DISTRICT TO REALLOCATE $20,000. FOR THE SOIL SCIENTIST TO CAPITAL OUTLAY TO PURCHASE COMPUTER EQUIPMENT Item #I&C2 GUIDELINES FOR THE COLLIER COUNTY ADVISORY COMMITTEE FOR THE HOMELESS Item #14D1 ACCEPTANCE OF UTILITIES EASEMENT FOR WlNDSTAR SUBDIVISION PROPERTY FOR WASTENATER EFFLUENT LINE PURPOSES Item #14E1 Recorded in O.R. Book/~ Pages RE-CONVEYANCE OF DRAINAGE HAS~MENT TO LAWMETKA, A FLORIDA ~NERAL PARTNERSHIP Item ,14E2 PURCHASE AGREEMENT AND STATUTORY DEED BETWEEN COLLIER COUNTY AND ROBERT J. VEEFKIND AND MARY A. VEEFKIND IN GOLDEN GATE ESTATES IN THE AMOUNT OF $11,500.00 Item #14E3 PURCHASE AGREEMENT AND STATUTORY DEED BETWEEN COLLIER COUNTY AND MICHAEL AND HORTENSIA FITZLAFF IN GOLDEN GATE ESTATES IN THE AMOUNT OF $11,400.00 Item #14F1 APPROVAL OF BLANKET PURCHASE ORDERS FOR SOLE SOURCE VENDORS FOR COLLIER COUNI"f HELICOPTER OPERATIONS Naples Airport Authority $25,000.00 Collier Countf Sheriff's Office $14,000.00 Bell Helicopter, Textron $13,000.00 Item ~14F2 - Continued to August 29, 1989 Item ~14G1 - Moved to 9G1 Item ~14G2 - Moved to 9G2 Item ,14~3 - Moved to 9G3 BUDGET AMENDMENT TO PROVIDE FUNDS TO PURCHASE FILL MATERIAL FOR PHASE III OF CELL SIX LINER PROJECT - MOVED TO 9G3 Item #14H1 APPROVE WAIVER OF BOND REQUIREMF2~T FOR USE OF COUNTY PROPK.,~"~ AND WAIVER OF FEES TO OBTAIN A TEMPORARY USE PERMIT AND APPRORI~ATE INSPECTION~ FOR "FRONTIER DAYS IN GOLDEN GATE" SPONSORED ~ THE GOLDEN GATE BUSINESS ASSOCIATION Pmgm 41 AUGUST 22, 1989 ~ GAIN TII~ FOR ZNI~TE NOS. 57127, 62309, 30347, 559?2, 5?922, 13183 Item #14I NI$~EL~IIEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the following miscellaneous correspon- dence was filed and/or referred to the various departments as Indicated below: Memorandum dated 8/1/89 from Lewis O. Burnside, Jr., Director, Department of Community Affairs, RE: Wire Transfer Process for Liquidated Damages. xc: Frank Brutt, Russell Shreeve and filed. Letter dated 8/7/89 from Patrick Kenney, Environmental Specialist, DER, enclosing short form application, File No. 11168~395, for dredge and fill activities, xc: Nell Dorrill, Bill L,,renz and filed. 30 Letter dated 8/7/89 from Robert K. Lofltn, Environmental Specialist, DER, enclosing short form application, File No. 111681655, for dredge and fill activities, xc: Neil Dorrill, Bill Lorenz and filed. Copies of 26 letters from Kirby B. Green, III, Director, Division of Beaches and Shores, DNR, advising of exemption status for Collier County building permits, xc: Bill Lorenz, Frank Brutt and filed. Memorandum dated 8/2/89 from Tom Gardner, Executive Director, DNR, enclosing recommendations to improve boating safety and Manatee protection, xc: Nell Dorrlll and filed. 6. Minutes received and filed: 7/11/89 - Golden Gate Parkway Beautification Advisory Committee and 8/8/89 Agenda Notice to Owner dated 8/2/89 from Florida Hi-Lift Corporation, under order given by B&I Mechanical, advising that they have fur- nished aerial lift equipment for the improvement of the Collier County Courthouse. xc: Skip Camp, Tom Conrecode, John Yonkosky and filed. Notice of Hearing dated 8/8/89 from Public Service Commission to Topeka Group, Inc., a Deltona Corporation legardlng Docket No. 881501-WS. Notice dated 8/8/89 from U.S. Bankruptcy Court, fixing time for filing Proofs of Claim RE: Stahlman & Stahlman, Inc., Case No. 89-2220-9P7. xc: Ken Cu¥1er and filed. 10. Copy of letter dated 8/7/89 from Young, Van Assenderp, Varnadoe & Benton, P.A. to Kenneth B. Cuy/er, County Attorney, from R. Bruce Anderson RE: Sunnlland Mine - John E. Price, Jr. - Filed. Page 42 AUGUST 22, 1989 There being no further business for the Good of the County, the meetlng was adjourned by Order of the Chair - Time: 3:40 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~RT L. SAUNDERS, CHAIRMAN C': JAM~. S C. GIL~S, '~. "' These m~u~es approved by ~h~ Board presented or as corrected