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BCC Minutes 02/28/1989 R Naplea, Florida, February 28, 1989 LET IT BE REMEMBERED, that the Board of County Co..issioners in and tor the County of Collier, and also acting as the Board of Zoning Appeals and a. the governing board(s) ot such special districts a. hav~ been created according to IaK and having conducted business herein, aet on this date at 9:00 A.H. in ~ S&S8I08 in Building 81'" of the ~-ernaent CoapIex, East Haplea, Florida, Kith the tollowinq aeabers present: CHAIRHAJf: Burt L. Saunders VICE-CHAIRHAJf: Hax A. H-.-ae, Jr. Richard S. Shanahan Hichael J. Volpe Anne Goodnight ( Le t't at 6: 40 P. H. ) ALSO PRE S It JfT: Jaaea C. G11es. Clerk; John Yonkoalcy, Finance Director; El11e Hoftaan and Haureen K~nyon, Deputy Clerks; lIe 11 Dorr1l1. County MAnager; Ron HcLeaore, Assistant County Hanager; Toa Ollitf, Acting Coaaunity D~velop.ent Adainiatrator; l::en Cuyler, County Attorney; David Weigel, Assistant County Attorney; Toa Crandall, Utilities Adainistrator; Leo Ocha, Adainistrative Services AdaInlstrator; Willi- Lorenz, lnvlronaental ServIces Adainistrator; George Archibald, Public Works Adaini.trator; Harry HUber~sistant PublIc Works Adainlstrator; Jay Reardon. laergency Service. Adainistrator Kevin O'Donnell, Public Services AdainistratoI'; l::enneth B&g 1 n.aki , Pllumlng ServIces Hanager; David Weeks, [>Kight Ifadeau, Philip Sche~ f, and Ron Nino, Planners; Jeff Perry, Chief Transportation Planner; Haney Israelson, ~dministrative Asaistant to the Board; and Deputy To. Storrar, Sheriff's Ottice. Page 1 ~ .. -_M__-.....---,--....-..",. '0 _'O" ""'.""'-'-'--' -""--....-... - ---., nBRUARY 28, 1989 'hpe n Itea n M&JIIIDA AI .. -., .. .., .-:t T1I CJI.&.INQ (' f-1oDer --- 80'9'84, 88C~ by Co8a1-10D8r .~b- 8Dd carr~ -r--f-ly, that the &geD4a be -wr0V8d wlth the tollowiDg -a.. . 11 a. It:- 'lA.1 - 8ot1tlcatlO11 by St. V~t De Paul 8oc1trty tha1: 80 ..u-...1s.e1:1011 ... gl9'IID to fUe petltlon. Deterred to C4Naty &1:1:.orDey for 8dvlc.. at. It- 'l8a 8ØVed to 6ae - Petltion a-II-22C, Sa1:1:er Marca8, lac., 1'..,.. aeent.lDg Char 1- aDd Brenda Sclre, Z'tIqa881:.lDg a resGD8 frea &-2 to ".-4 for 20 ~11.lDg unlt. for prop.&l7 loc.t:ed oa the DOrth 8ide of 8811ey Laa::w awraxJ.8a1:ely 1/2 aUe --1: ot lirport .Roa4, Sec1:1oa 23, TClllla8blp \10 South, ...... 21 &88 t: , 4 . 8 ð acrftI. (Co8p8nlon to PO-88-23C1 ...-ø-.c). c. It:- ~ 8O'98d t:o &C6 - Pet1t:1OD 811'-"-6, Satta' Marca8, lac., r~._J1t.lDg Charl- 8114 8Z'8D4a Sclre, r8q\7l8w1:iDg ~~l.lOD Maater Pl8J1 ~r~y.l tor 8811ey LaDe. (~;,OD to pv-al-23C/a-II-22C). d. Add OlD It- - 12C - D18CU881on requeatecS on Zno1 tQ9 a.- .....l_Uoa Progr- (reqaeeted by ec-i-l00er Volpe). e. I te8 &C4 - 1L8c. Dd.a t 1 on the t the Board 0 t Coan ty C'-f..1GD8r8 adopt the 84t.c:h aDd Mater Safety OrcUnanc:. - To be be&rd before ItIDCh. f. It.. 7.1 - Petltlon PO-II-22C, a1cbard E. Baker, rep&.~t1Dg ",lee 8II.J.ld11:1q Co. req1:W8t.lDg Provl.1onal 0- ... of the .1. 1Dd88trl81 Di.tr1ct tor 8D aepbalt batch pl8J1t tor prope~l7 located 1/2 aile aoath of the Lee COWlty liDe {8pprOZJ.8ately 2,&00 ft. +1- ...t of Old u.s. '1 (T~aaj Tral1) in 8ec1:1on 10, 'fa vblp 48 So8th, .R.8nge 26 &88t, a acrftI - To be heard be f 01'8 11lDCh . I Ua .... ~ ..I8&Ux. TD au or rKUUUY 26 - JCAJtCJI 4, nil -: -D1Q8 1'OU8 0yu.~11 ~.I{......-r 8IKU' - &ÐOt:".r5U Co..issioner Hasse read the proclaaatlon, designating the Week of February 26 - March 4, 1989 as "Know Your County Governaent W.ek", and pre.ented .aae to Donna Mollis of Lely High School, and Matt ~raa1n of .aple. Blgh School. <;' f-.1oDer '-"'.h"V1 8O'98d, 88CODded by ec-1..100er Volpe aDd carr~ --f--..ly, that the proc 1.... t lon be adopted. Page 2 tp -- ... _.~" .~ - ---"""'--- "'" FEBRUARY 28. 1989 I t88 .øc ~ rr ~ 1"&D P&ftICIPUT8 18 TO 8z:.8CM YOOJt ~.n ~ 111";¡; 8 ...-...... Dor.na Holll.. LeIy HIgh School, student thanked the Board ot County Co..lssioners tor procIalming the Keek at February 26 - March " 1989 as .~O'K Your County Governaent Week", She noted that the participants shared a unique experience at the landf 111 and the seKage tr~at-nt sIte in observIng the aany processes, She requested that the Co..isslon contInue thIs prograa so that others can be tortunate enough to becoae aware of the varIous functions of County Governaent. Katt J.:raJIin, "aples High School student, thanked the Board ot County Co..l..ioners, the County Manager, all departaent heads, the Constitutional Officers. the adults fro. Collier County 4-8, the Collier County League of ~o.en Voters. Collier County Public Schools, and WOodward and NoodKard & Associates Kho have worked together to ~e the 8J.:noK Your County Governaent8 prograa possible. He indicated that the progr- -de all participants aware ot how County Governaent worb. He noted that Planner Bob Blanchard explaIned the procedures involved in long-range plannIng for the rapid growth at CollIer County; Clerk Ji. Giles guIded the partIcipants through aany processes at the courts; Messrs. Colding and Carlton explained the comllexlty ot taxes; E_rgency Manageaent DIrector Pineau provided insight on how the County re_Ins aKare of Keather disturbances, and how it prepares tor the.; Dr. Jane Polkowskl gave instruc~lryns on health related topIcs, and how to prevent lIInesses, as weI 1 a8 how to treat thea. Co..lssioner Saunders advIsed that the County Is anticipating a recycling program to being at the begInnIng of April. He requested that the students keep In touch KIth County Start to obtaIn infor- _tion as to hoK they and their taml1les can help to solve the -jor probleaa. J t88 ... 1188188&rIJfØ nm 1 tt90 . 8 AS 8 TO DKC&.D& 0 . ru &ft8 8 - -.- rl1.8t.. ot the procl_tlO11, Co8a1- 1 ODe r ~ J gb. t ..",.. , -= 1ft. by C--f..10D8r Sh.a"-~D 8D4 carr 184 1ID8D18oaely. the 1: the ..... , I \ -~-'-"'-""-""'- ,-«" --'.., " ",<,0 PWa1lft 28, IN. proc ~ "'19D8 t .lDg the 1 ~ '. .. . The Dec8de 0 t the Ar 1:8.. be --.~. Ma. MarIon McKalley ot the Fine Arts Society of Collier County, thanked the Co-is. ion tor the procl.aation. She noted that the Society will have aany activlt!es this year, advisIng that they sup- port echolar.hip fund. and KOrk Kith the Colller County School Board. Page f J1r "."'----- , --......, --.",.--..""-"".............-,...,, "."" "" ,...., .."..,".. FEBRUARY 28, 1989 ltea .. :TAo<=>< nJ ",~.", a.:cxøuZUI AS J:MPLOTD O. 1".. ~ roa MAJItÇ1I. un Coaalss10ner Saunders acknowledged .JackIe Franklin, as E.ployee ot the Month tor March, 1989. He advIsed that Mr, Franklin has been esployed by Collier County Governaent tor the past 29 years, and expressed gratitude for hIs dependability and dedication on behalf ot the Board at County Co..lssloners. He presented Mr. Franklin Kith a $50 cash aKard and a plaque tor hIs exceptional pertoraance. I 1:88 M81. Q8D~--C 8--10, lII8JIDIJN ORI)IJI.UJCU 81-10 UD 88-11, -ICJI ..,.a9(.l~ ~lòj(~ PIoU PULl, TQ ~ sca.zvuo'S ~ - ADOt:tau Legal notIce having been publIshed in the Naples Dally NeKs on February 8, 1989, as evidenced by Attidav1t of PubIication filed Kith the Clerk. pub11c hearIng Kas opened to consider an ordInance aaending Ordinance 87-15. as previously a.~nded by OrdInance 88-67, Khich established the Brettone Park PIanned Unit Developaent, to correct scrIvener's errors, by aaendlng Subsection 2.3, Project Plan; aaending Subsection 2.5E.. Developaent Phase Sequence, aaendlng SubsectIon 3.11B., SpecIal Bufter Require.ents; amendIng Subsection 5.12. Adainlstratlve Procedure. Planner Weeks advIsed that this Is a hous~ cleanlng it.a. He noted that the Brettone Park PUD Kas a.ended a few aonths ago and Statt inadvertently oaltted the stlpulatlons. He Indicated that the atlpulations Kere all part of the publIc record. and the petItIoner Kas -are of thea, but they were oaitted troa the ordinance. ,.. i.. 1_1' 8oo4D 1 gb t 8OVed, ..c0Dded by eo..l.ai0D8r m.-..hca ... C8rr~ --t~ly, that the pabl1c bearlno be clO88d. C f .. ~ 8oo4D 1 gb t 8O98d, 88CODd8d. by eo-l_10D8r m.-..~ ... C8IT 1M 'W ~ J 9O'R81 y, \"hat the ord1naDc. - DWlberM 8D4 t1 tIed '-low ~ ~ 8Dd ttDtent4 into OrdÚWlDCe 8ook .0. 30: oa.o 1JLUICK 8 s.- 1 0 AN ORDINANCE AMENDING ORDINANCE 87-15, AS PREVIOUSLY AMENDED BY ORDIHAMCE 88-67, WHICH ESTABLISHED THE BRETTfJllE PARK PLANNED UNIT DEVELOPMENT, TO CORRECT SCRIVENER'S ERRORS, BY AMENDING SUBSECTION 2.3, PROJECT PLAN; AMENDING SUBSECTION 2.5E" DEVELOPMENT PHASE SEQUENCE; AMENDING SUBSECTION 3.11B.. SPECIAL BUFFER REQUIREMEHTS; AMEHDIHG SUBSECTION 5.12, ADHIHISTRATIVE PROCEDURE; AMD BY PROVIDING AM EFFECTIVE DATE. Page 15 14 -""._-".". -"..-------, FEBRUARY 28, 1989 1~ M82 . &8a , n-nnQ88 J)IQA-a--.ac UD PDo\-.8-te, ""'~JU. . .&.SSOCI&TKa, IJIC., ~--'u- Da.ft8A CO8.PuK.\TIOli JUtQO'U1'IJIQ U ........~ TO 'J:D II&IICO ........ ~a L.-x 0ItDIœ AJI1) t'D PT..&-.:I) mrrf DrnLOPIIKJIT - colruJlU&U TO ~1"/" .------.- --------. -.-.--,--.- Legal notIce havIng been pubIished In the NapIes Daily News on January 28, 1989, as evIdenced by AffidavIt of Publication filed KIth the Clerk, public hearing Kas opened to consider an ordinance aaending OrdInance 84-42, as previously a.ended by Ordinance 88-48, the Marco Shores Planned UnIt Develop.ent, by a.endlng section 2.3.1.., land use .uaaary Marco Shores Planned Unit Developaent; amending section 2.4., aaxil8Wl project density; a.endlng sectIon 2.7., fractIonalization or tracts, to add a n~ sub-sectIon G.; a.ending section 4.2, aax i 8W:I dwellinq units; aaending sectIon 11. 4, project developacnt ar.d recreational t ac ill tie s; aaending section 11.20. lIIaintenance tacil1- tIes, IrUbsec t ion A., Unit 24 and UnIt 30; a.endlng sectlon 12.5, sti- pulations and co..it.ents-trattic; a.ending section 12.6 planning dapar t-n t; and by providIng an effectIve co.pan1on Petition: DOA-88-3C; PetItion PDA-88-9C. Ja.es Vensel representing Deltona Corporation, Willl- Avella, President. Planner Wadeau advised that Petitions DOA-88-3C and PDA-88-9C are aubaltted by Vensel and AssocIates, Inc., representing DeIt"na CorporatIon requesting an a.end.cnt to the Marco Shores Developaent Order and PUD docuaent. He stated that the portions of the develop- aent that are proposed tor a.end.ent are Unit 30. bounded by C.S. U to the south and SR-951 to the east. and Un it 24 whIch is on the Kest side of SR-951. He indicated that Unit 24 Kas sold to the State ot Florida tor incorporation into the Rookery Bay Sanctuary, consisting of 277 acres, and Kas approved for 2.544 dKelling units, noting that none of tho units Kill ~ constructed, nor KiII they i.pact SR-951. Mr. Nadeau 8tated that thIs petItIon came before the Board at County CO..i8s10nera on Octo~r 11, 1988, a8 a substantlal deviation, andK- found not to be a substantial deviation. He indicated that the petItioners are proposIng to reduce the density at UnIt 30 fro. Pag.8 }I --. -'--'.,. ,., FEBRUARY 28, 1989 9,110 dwellIng units to 1,000 units, and the business tract within this unIt will be deleted, and the acreage Kill be Incorporated into tbe 8Ultl-taaily desiqnatlon. He noted that at the present tiae, residential traffic fro. Unit 30 say access SR-951. but it has to go through Unit 21 Kbich is acc~ssed via a c~u.eway sectIon Khich is to be buIlt. He added that th~ ~titloners are constructing a golf courae in the northern portion of Unit 30, and access is vla U.S. 41, DotIng that the golf course Is proposed to be opened on October 1, 1989. to the ~trons of the Marriott Hotel and the acc.ss road Kill be opened for the golf course and clubhouse use. He advised that beglnninq Septeaber 1, 1991 through Septeaber 1, 1992, the petition"rs are proposing not to allow tratflc th'lt KIll be generated froB 200 residential dwelllng unIts to access SR-951, adding that there are no restrlctiona presently for access to SR-951 through Unlt 21, nor Unit 30 belnc¡ built out and accessIng U.S. 41. He indicated that the peti- tioners ar~ proposIng to donat~ the 18.4 acre lake as a till source, to be uaed... thelr entire faIr share contrIbutIon for surrounding roadways, and they K1Il honor intersection i.proveaents, and the road 1.pact tee ordinance. Mr. Rad.au stated that the petltloners are also proposing as a altlgative ..&sur., the deletIon of the causeway ~Qnnectlon. He noted that the State right-of-Kay K111 be vacated, and that port10n Kill be dedIcated as conservation and open space. Hr. Rad~au noted that Staff has utilized the Transportation Planning Statt regarding the transportatIon aspects ot this petition, and th.ir analysis concludes that g1ven the sequence rerouting ot trattic v1a the proposed golt course access road, aIong KIth the fill source donat10n, the overall long ter. benetits at the petitioners' request tend to outwelgh the sore teaporary negative aspect ot Uaited access to SR-!)51 , prior to its tour-Ianing. He Indlcated that baaed upon the recoaaendatlons ot the Transportation RevleK Start and the reduction of the intensIty at Iand use, Staff does not object to sub- ject petItion, and reco..ends approval. Page 7 JV -,--- -,," """-""""'-----"-"-'- -,-,-."-",, - , FEBRUARY 28, 1989 Co8ais8ioner Raese questioned the i.pact that this develop..nt will have on SR-951? KPO Director Perry stated that the overall effect ot a project of this -.gnltude on aII ot the County roads has a very large lapact. Se noted that fortunately, not allot the traffic "111 "ant to use SR-9S1, adding that 8uch of it "iIl be usIng U.S, U. He lndicated that tripe to Marco Island for shoppIng "111 be via SR-951. He lndl- cated that the exIsting Developaent Order stipulates that there be no new access points to SR-95l. until the road Is four-laned, however, the petitioners have sub.ltted a request to delete that provIsion atter 1992. and in turn. are "illing to co..it certain 81tigative steps t::l relieve the burden on that road. CO..is8ioner Ha8se IndIcated that it see.a foolish to add that 8'Ucb 8Ore traffic on SR-951, "hich is already greatIy stres8ed. He sugge8ted that no access be peraitted to SR-951 untIl it is tour- laDed. Coaai8sioner Saunders stated as a aatter ot clariticatlon. the developer can bulId a cau8~ay and access SR-951, noting that what he i8 proposIng i8 not to increase his ability to access to SR-951, but to change the access poInt, by eli8inatlng the causeway. He noted that it this pet it ion Is approved. it "111 not increase the 1.pact on SR-951. Co..issioner Volpe noted that as he understands it, between 1991 and 1992 the developer "111 only be peraitted to develop 200 residen- tial u.nits, and after 1992, there "111 be no restrictIons; and it SR-951 h... not been tour-laned by 1992, the deveIopor can proceed "lth his full blown development and have dIrect access to SR-951, unle8s the Board ot County Co..lss1oners can conclude that this DRI is 8ub- ject to the saae nonvested provisions ot other a181Iar projects. Mr. .adeau responded at:lraatlvely. Co..18810ner Saunders stated that regardless of vested zoning, it -aa that it an eaergency aoratoriua "as declared, this developer would be subject to it. Page 8 1'1 ."-,>".-""-",,,.,,,___,,0- -, '--",,", FEBRUARY 28, 1989 County Attorney Cuyler stated that the growth aanageaent issue 1s very new, and there 18 not a lot of case la" on it. He Indicated that there Is a statutory provIsIon "hich states that DRI's are exeapt froB the provisions of growth aanage.ent. He indicated that DCA has indI- cated an opinion to a developer, "ho is not in CoIlier County, that he haa the right to sake concurrency a part of any aJ8endaent to a Developaent Order. andean i.pose lt as part of .ospproval to an aaend- sent to a Develop.ent Ord~r. He advised that there is a statutory provision that requires that In Boat cases there is a period in the Develop.ent Order Khere the County cannot down-zone, and the developer 1s vested tor that per iod ot tia., and they "ould not be subject to a aoratoriua durIng that perIod at ti.e. He indicated that there is a third provision whereas, it tt.ere is so.e general language 1n the Developaent Order that is in the nature at tying into concurrency, it has to bP adhered to. Mr. J....s Vensel stated that the postpone.ent at the 200 units untll 1991. and the turther postponeaent ot any additional units untIl 1992, was taken by the petItIoner as a self-i.posed .oratorlua on this property. Be indicated that it has not been phrased has such. He noted that the four-laning at SR-951 "a. originaIly scheduled, .. lndicated In the DRI vIa "rltten reports by the DOT, tor 1981-88. He indicated that there Is a Corps of Engineers Dredge and Fill Per.it Khieb W8.8 Issued 1n 1983 for ten years. He noted that all peralta tor the entIre developaent have been received troD the State and Federal Govern.ent. Mr. Vensel indicated that the prospect of a let of tratt ie being added to the road has to be viewed by "hat "as presuaed in 1984, Khich "as to bulId a ~auseway, and starting developaent at an earlier tlae betore the Corps at ~nglneers per.it expired. notlng that th18 did not happen. Be stated that all of the unlts w~re .cheduled in the DRI to have loaded SR-951 by 1.000 per year sInce 1985, but .inee this did not take place, other developaents have been usIng their quota. Be indicated that the project has been designed that has aajor County Page 9 ) t ----".,.,- . "_._.""'--'-'--"-"~',- FEBRUARY 28, 1989 benef 1 ts: reductIon at zoning. density, and the lake till to be used for the entIrety ot the tour-laDing ot SR-951 tram the old toll bridge to O.S. 41., the eliaination of the causeway to preserve the wetlands and re8OV. tuture traffic tro. Unit 30. He advl8~d that he believes a Mell balanced project has be~n p:esented that will bene t it the Harriott by allOKing the. early access to the property, and long range benefits, as Mr. Perry has described. Co..lssioner Hasse questIoned hOK Mr. Vensel would U81t the nuaber of unIts that would have access to SR-951? Hr. Vensel replied that this "ould be done either by the location where th~ units "ere built or by the requireaents contained In the bu11dil19 perait or site plan a~proval. He indicated that it "ould be il1CUllbent by the developer to provlde an acceptabIe aeans to prevent acc.s.. Mr. Robert Stakich spoke In tavor ot the a.end.ents to the Marco Sbor.. Dev~lopaent Order and the PUD docuaent cIting that aodlfica- tiona to the project "iIl reduce the density, "hlch Is beneficial tor the co88U1lity. He noted that the developer has the right to develop 9,100 units, If he 80 desires, but under the condition. proposed, he is reducIng that nuaber, and he feeIs the project is a good one. The tollOKlng perRons spokr in opposition to the Marco S~ores pro- ject: Mr. Michael Hughes, representing the Marco Island Taxpayer. Assoc. Mr. Robert Stier8 .,.. Mr. Ira Ivana Mr. George Keller The following reasons of opposition "ere cited: eUaination of the causeway "Ill be saving Deltona $1,000,000 and resldents "ill be exiting vIa SR-951; access to SR-951 aakes the project sore salable; proposed project is the sIze ot Marco 18land, and SR-951 is presently inadequa te, and the trafti,: "111 double; Delton~ should pay 1/2 the COlSts for expansions to SR-951; plan shouId be deIayed untl1 SR-951 proble- are resolved; the area In questIon is subject to tloodlng; who Mill provl~e 8anltary sewers?; all infrastructure facillties Page 10 fer ,.~- - ---~ ,--""--"-"-,,,,, FEBRUARY 28, 1989 should be in place for 1,000 dwelling units; catastrophic conditions preclude .aergency vehicIes troa reaching that area Boat of the day; Isles of Capri property owners "111 also be affected by proposed pro- ject; proposed changes "111 not be advantageous to Collier County. ~ f_~ ---..- 8O9'8d, 88COOðe4 by ec-.i_10Der ~tgh1: -.I ~181 --f--&81.." that the pa.b 11 c be8r.lDg f or Pe t1 t1 0Di8 IK'I. .. ac ~ I'M .1 tÞC be c lo.ed.. Co..issloner Volpe questioned the tor8Ula that "as used to reduce the densIty froB 9,100 dwelIing units to 1,000 unIts? Mr. Venael replied that this Is an arbitrary fIgure "hlch was selected that should be a substantial iaproveaent for the project. rape n Coaaissloner Shanahan also voIced concerns reIating to the safety aspects of SR-~~l, and suggested that the ~tltioner consider the option ot aovlng ahead Kith the goIt course, Kith construction vehicles usIng U.S. 41, and upon co.pletion ot the golf course, open the access road off ot SR-951 for the Marriott golf traffic; and post- pone any residential developaent until the situation Kith SR-9~1 18 resolved. Co8aissioner Volpe questioned "hether the petitioner is stIll 8Uggesting that he KOuId like to have the right to build the 200 unIts between 1991 and 1992, Irrespective at "hat the concurrency require- aents aay be at that particuIar point in tl.e? Mr. Vensel replied negatively, noUn\: that the petitioner "ill coaply Kith Khatever require.ents apply to ~veryone else at that tlae. Coaaiss10ner Shanahan requested that Mr. Perry obtain th~ infor- aation relatIng to SWFRPC's reco..endation regardIng the coapletion SR-9~1 In 1987-88, so that the Co..lssion "Ill have a better understandIng of "hat helped aake that decIsIon, Mr. Perry repIied that he "111 obtain the requested intoraatlon. He noted that his recollectlon of discussions relating to the review of the project "as that the suggestIon to deIay the project until the four-lan~ng of SR-9~1 "as because ot trattic and hurricane evacuation Page 11 to '-""."-"""""'" ",,- -~ --....'-,....."--,,--,,- FEBRUARY 28, 1989 lsaue. . t' j ...i.c:Ie8r 800ðnigh1: 8:7'r8d to ~I'O". DCA-Ie-le, 88bj8C't to the 1'8< ... t1888 of the CCPC, and the fact that t he pe 1: 11: 1oaer baa agr-.4 to c:oa.tora with the CODC1I.rTeDCy that w111 be 8dop1:ed by Collier Coaz¡ ty. 1IDtJ.GD tailed. for lack of a 88C004. Mr. To. Barnard, VIce President at Deltona Corporation, 8tated that he is agreelng to a aoratvrlua on access to SR-9~1 tor any resi- denclal unlt8 until 1991-92, at "hlch ti.e 200 unlt8 could be built, aasualng that no aoratoriua had been declared on SR-9~1, by a result ot concurrency, and beyond that, concurrency requireaents "Ill reaaln In ettect tor the entIre project. s.cause of CoRaissioner Volpe's concerns r~lating to the density ot the project, he stated that he believes he co~11d get senior aanageaent to approve a cap on the density until 8uch tlee that the four-laDing of SR-9~1 Is coapleted. Be not~ that he i8 "11Ilng to co..it to no developaent in excess of 3,000 dwel11ng units until the four-laning is completed. MZ'. Ira Evans stated that because ot the seriousnes. of the sub- ject, he i. 8ugge8tlng that this item be continued for tKO weeks to allCK Statf and Deltona to arrIve at a thought out proposal. "- f .. 1GD8T 8han.a ~ 8I:rV8o1. eecoDðed by Co8a18810Der ""', to allow ""'J..os-Gt of the golf cour.., wlth C0D8tructlon 8CCe88 "la O.S. 41, 8IDd tIbeG the golf cour.. is cO8pl.ted., c 0DC1U'I'8Ia t 1 Y opeD tip the roed 1Ato the golf cour.., aDd delay further c~it"88lat on the 200 tm1t8 -t11 eol.t:i0a8 baY. been provlde4 for SJt-9ðl 8D4 -ter avaJl- b111ty. lIot!on fa11ed 2/3 (C~ls.10Der. Volpe, Goo4night 8l'I4 . 111.-. A\I...-IIa84). <:'1 f..i~. , ""- rs 80'9'84, eec:ooð84 by Co-1_1OO8r Volpe 8Dd carr i8A 1m I _ly, to coat1Dae Pet! tlOO8 DCA-e8-3C 8D4 PDA-88-ttC tor ~ ---: atatf directed to ...t wlth the petltiooer to -1:a.bllab '. ~ III. .. 4I...:Y ~; -.Jte err"" g &~ t 8 for 0 pen i ng the go 1 t coa.r88 roM ~ "-.11, b8t DOt for use by ðw8lU,Dg anlt8; err 8W1 - 111.1:8 for 1:.b8 ~I-h... of "-9ð1; &ad the explor8tlon of f ur 1:her deD81 ty r. t.rt1.oo, to br.lDg Into cloeer coepllazw::. wIth the c..-",~1". ... 12 ~I -.....----..,-. .. ".."",....""-..,.."....,,,,-....-,- .rI8X:J loft 2., 11.. P lIIa. (" . ..11881" Vol pe 18O98d.. ~ by ec-.1-10D8r m.-wtwa 8Dd carrJM --f ..ly, to r80~ the pabl1c bear.lDg 011 Pe1:1t1oa.a 00& .. ac ~ PM-M-IC 8D4 COI1t1.lm8 thea for two ...a. ..... ""'-'..1: 10:&& A.M. -~: 11:10 A.M. a1: .1cb t18e Depary Clerk E8rryoD ~laced Depu.t-y Clerk IIofhMm ..... I 1:88 ..c4 ru II&ACJI A8D 8m S&nn C8J)Y-'-' - --, Leqal notice havIng been pub 11 shed in the Naples Da~ly "~s on February 8. 1989, as evIdenced by Aftidavlt at Publication f !led "ith the Clerk. pubIlc hearIng was opened to consIder a proposed ordinance regarding Beach and Water Satety. Public Servjces Adalnistrator O'Donnell stated that this i. a pro- posed ordinance that "ould regulate beach and Kater safety, ve8sel control, regulation of concession operations, equlp_nt rentals, and vendors on the beach in adjoInIng "aters. He indicated that in July, 1988, the Board directed Statf to work Kith the Attorney's offIce In lncorporatlng several poInts Into a beach and Kater safety ordInance, addioq th.at the soae at the provislon.a of the proposed ordinance are a beach vendor license tor any and all indivIduals "ishlng to rent boat. and other vessels to the general public, a concessionaire Krald have to have a land-based operation In the i..ediate area of where the boats are rented. concessIonaires "ould need to carry In.aurance a. .et torth in the ordInance "hlch is general ~iabl11ty In the alnilrUll &.8OUll t ot S~OO.OOO. the concessIonaire "ouId have to have an approved Coast Guard chase boat Kith a sarine radio and they "ould al~o be required to have a telephone at the Iand-base operation. He noted that there would be a desIgnatIon at a vessel corridor area as deeaed appropriate throughout the unIncorporated areas of Collier County and .. dee..d necessary by Statt. addIng that the areas "ould be applI- cable to all types of veasels; sal1boats, paddle boata, aotorized boats, etc. He indicated that at Tigertal1 Beach. the area between the beac~ and Sand Dollar Island would be the area that "ould be Page 13 1"Ÿ - -'-"--"""""-' FEBRUARY 28, 1989 des1gnated a.8 an -idle8 area only. He stated that the existIng l~w that 1. currently 1n eftect requ1rea all vessels within 300 feet of the beach to travel at an Idle speed "hlch i. also incorporated Into this ordinance. He stated that the control for thi8 ordinance 18 the beach seaward ot the mean high water mark "hlch 15 the public beach, regardless of locatIon. He indicated that the beach vendor perait and the concept of the vesseI corridor area are the ne" provisions "lthin the scope ot the ordinance, adding that the ordInance does not ban yea_I. troa 300 feet except "here bathers are present and designates thea exclusIvely to a ve8seI corrIdor area that would be deemed appropri.te tor the satety of the boaters. He noted that the vendor peralt would be applIed for through the Development Services offIce and then an occupatlonal lIcense would be recelved to operate. He lndlcated that Staff KOuld be KOrklng Kith the DHR Kith regard. to the place_nt of the approprIate buoys for the vessel corridor area. He referred to Page 10 ot the ordInance, Section 7b2. and said that Staff 1. recoaaending that the Ianguage be changed to require that lite vests or lite preservers be on board. He Indicated that on Page 9, Section 7a, the partIcular type at vessels should be aotorlzed or "Ind-drlven vessels, addIng that It KOuld not be applicable toward any other type of vessel. He note<1 that on Page 8, Section 6, sub-section ~, under Kater skIIng, Statf is recoaaending that the distance be no closer than 300 teet rather than ~OO feet because the Idle .peed is 300 teet and beyond that distance, a vessel can operate at tull throttle. He noted that possessIon ot glass containers 18 beIng banned, and there shall be no open tires at tte beach or beach acce.. are.. except for grills. Co..issloner Hasse questioned "hat Is prIvate and "hat 18 public beach, to Khich Public Services Adainistrator O'Donnell stated that the public beach Is the beach area sea"ard of the mean hlgh water aark. Assistant County Attorney Weigel stated that the areas that are --ard of the sean hlgh Kater Bark are deslqnat~d as publIc lands Page 1. 1.~ ...-. """"""",,.., '.....'. ,.., ..............".....,.,.,....-..,-,......-.".." FEBRUARY 28, 1989 unde r the Florida Constitution and State Statutes, adding that they also tall under 10caI jurisdIction of the countlea as tar as the beach area goes and the water area up to three ailes out froB the beach. Mr. 0' Donnell stated that a vessel corridor area "ill be established In certaIn areas that is deeaed appropriate to segregate boaters tro. the general _188ing public to ensure the satety so that they do not collide Kith one another. He noted that thIs would be done at the public beach areas. Co..issioner Volpe questioned it one "ould be able to access the Kater other than through a vessel corridor, to "hich Mr. 0' Donnell statM that it there Is not a designated vessel corridor area, one would be able to access the beach providing there are not bathers pre- sent. Public Services Adainistrator O'Donnell stated that the ordinance also provides that there "111 be no soliciting or canvassing on the beach areas "ithout a beach vendor license, adding that this ordinance "as reviewed Kith the Marco Condo AssociatIon, his Staff, the con- cesslonalres at the RegIstry HoteI and the Tigertail Beach operat10n. He 1Ddlcated that there "as aIso a Parks & Recreation Advisory Board aeeting and everyone In attendance "as in support of the proposed ordInance. He noted that this ordinance "ill alIow tor sate boatIng, sate _i_ing. establish a beach perBlt license and Beet Coast Guard requireaents. Co..issioner Saunders stated th&t on Page 8, SectIon 6a, it states that operatIon at a vessel In excess of IdIe speed shall be prohjbited closer than 300 feet perpendicuIar fro. the "aters edge excepc to go to and fro. shore or except in a vessel corridor designated under aub- section 3. He stated t~at he understood that a vessel could traverse the 300 feet troB the shore it there "as no vessel corridor as long as they did 80 at 1dle speed and in a sate aanner, even it J t "as In an area where there were _188ers. County Attorney Cuyler stated that the intent "as to allow launch1ng froB the beach so long as it ls done so in a sate aanner and Page 15 ~~ -"""""""""""" " FEBRUARY 28, 1989 then once they get to the 300 teet they can operate at regular speed. Assistant County Attorney Weigel stated that SectIon 6a addre.se. vessels, including sallcratt, and .erely Indicates that idle speed is the r~lation tor that area between the oeach and 300 feet fro. the shoreline. He stated that on Page 8, subparagraph 6, 't talks about operation, whIch indIcates that there shall not be o~racion ot sailcratt where bathers are present, adding that there is already an idle speed regulatIon, but the concept at this paragraph is "here there are ~thers in the water, there "ill not be sailcraft co.ing through the. to the beach or through the. froB the beach into the Kater. 8e noted that alI sallcraft can be launched tro. the beach or co.. up to the beach a~d stop but they cannot go through an area where bather. are present, adding that they should navigate their craft at an idle wpeed around bathers, a"ay fro. bathing areas. Coaai..ioner Saunders stAted that the language does not say that; it says that they cannot operate except to go to and fro. the shore. He stated that the ordinance does not say anythIng about the øwi..ers. County Attorney Cuyler sta.ed that the intent "as to allow the. to launch oft the beach or to co.. Into the beach In the aost dIrect aanner possIble, to not operat~ "1 thIn 300 teet, but once th~y are at 300 teet they can operate as they "Ish. In answer to Co..issioner Shanahan, Assistant County Attorney We1gel stated that tor those people that ~re learnIng, they would not be going beyond idle speed and it they are a"ay fro. other bathers, it Is hoped that there "ouId not be an enforce.ent probl... ~~llc ServIces Ad.inlstrator O'Donnell stated that the con- cessionaires that rent these vesselø to the general public have generally given InstructIons to their personnel to have the people renting these particular sailcratt to stay away troa the area. where the .wlaaers are, In order to learn how to operate the vessel. Co..issioner Volpe quest10ned how the ordinance addres.e. ultra light., to "hlch Mr. O'Donnell stated that the UB~ of this aircraft on the beach or adjoining "aters ls prohibited "ithln 500 feet of the / Page 115 1-~ '-..""".,....,.".-,,,.. FEBRUARY 28, 1989 beach area. Be stated that the ordinance basicaIIy prohIbits thelll froB having access to the beach. He noted that there have been nuaeroua coaplaints regarding ultra lights. Co..iss~oner Shanahan questioned if Sand Dollar Island is included in the ordinance, to "hich Mr. 0' DonneIl replied affiraatively, adding that it is part of the operation of Tigertail Beach. He stated that he did not specifically speak to Sand Dollar Island because he is not sure if it Is desIgnated as a barrier isIand. Co..issloner Saunders stated that SectIon 3 cetera to barr1er isIands and indIcates that this ordinance "ould not apply to barrIer islands. addIng that the Ianguage say have to be changed soaewhat in this regard. eo..issioner Shanahan stated that he has a proble. it people can- not ti.h troa the beach. Mr. 0 ' Donne II indicated that the ordinance does not ban tishing, but it states that it it endangers the health and satety ot the bathers and a "arn1ng Is given by a law entorceaent oU icer, the fishing "ould have to cease. Co8alssloner Shanahan stated that the nuaber ot people that called hia on this aatter indicated that they did not "ant the ordinance to be that restrictive. Co..issloner VoIpe stated that it i. very danqerou8 to ~ave people "ith tishing poles on the beach because of the hook.. County Attorney CuyIer stated that with regards to Page 1 and 8, it there are bathers present, one has to go in the .ost dIrect aanner, and it there are no bathers present, then the vessel can go in any direct10n at idle speed. The following people spoke in favor at the ordInance citIng the Deed tor entorceaent of vessels, health and satety at citizens, need tor an ordinance due to increased population ot the "aterways and beaches, need to include prohIbition ot parachuting and the 330 feet be1ng aoved to 500 teet, Dave Rynders Frank Blanchard .John Bannon ~..t.r Greenberg Henry ~zlarlan Arthur Jacob Pat Pilcber Mark Bahr Ly.le Clancy Page : J 'J.(, -.-"""""." . ~~. -, ,-~"""-..,~_."",,,,-- FEBRUARY 28, 1989 The following person spoke a~ainst the ordInance citing the fact that there is already an ordInance that Kas approved four years ago, the fact that thrOKlng balIs or frlobees are unlawtul because they intertere Kith ~destrlan trattic yet beach toKels, chairs, buckets and sbevel. are per.lsslble, the lack of being abIe to enforce 80.. of these rules, the Inconsistency at the rules, discr18ination and the lack of health, satety and Kelfare of the public: Ti. Huttaan ..... ~..I: U:l& P.M. - aecontoe.....4: 1:30 P.M. at _lch t~ Deplaty Clerk Boft88D ~lacecS Deputy Clerk J.:8DyoQ ..... hpe ft The foIlowing persons spoke In fl)vor of the ordInance: Ozzie ICatz George I:eller .oraan r.:llvans Robert Gra.eck St.ve Wheeler Dr. Marvin Grab.. Mike Turner Herbert Brandt Larry B&.ik The follOKing persons opposed the ordinance because direct acce.. has nothing to do KIth safety; ordInance does not address barrier islands; the tourIsts desires are not beIng consIdered; ordInance does not refer to litec¡uards at public beach; aodifications need to be aade regarding coaaercial t1shln~ vessels; ultra lights should bf' treated as other Kater cratt; delete subsection 8J"; ultra lights are rec¡u- lated by the FAA; there should be a Korkshop regardIng ultra lights; noi_; and ord1nance does not address .t~ring boats on the beach: Michael Modgen Maria Segrera (K/petition) Jared ~lley Eaily Maggio Charlotte Westaan Fred Gelette Frank r.:owalskl l::ip Wanaaaker C f -18Iaer .,. - "V' h8 ., 8OY8d, 88coad8d by Co8al_1oDer ..... 8Dd c:arr~ --f--..ly, that the pabl1c be&rlDg be cloeed. Co..issioner Saunders stated that he Is In favor ot the ordInance, KIth aoditications, and offered the toll0K1ng suggested ..endaent.: Page Two, Section Three - Applicability: Specific reference should be aade to Include Little Hickory Island and Sand Dollar Island. Page ð, Hea It ( 1) - DeIete this Itea. Page 6, Ite8 P - IncIude Ianc¡uage that a warnIng ohould be glven prior to the issuance of a citation. Page 18 ~1 --, ""--,-,_.,, - "--"""------ FEBRUARY 28, 1989 Paqtt 6, Ite. ,J - Delete this ite., and treat ultra lights as other craft. Co_l..10ner Shanahan suggested that Itea ",J" relllain as is, but address a corridor for use by ultra lights. Co..i..ioner Volpe stated that he fe~ls coatortable Kith Ite. 8,J8 .. it is presently KTitten. Por con.lstency Kith the CIty of Naples, change the 300' liaita- tlon to ~OO' In all areas ot the ordinance. Page g. Section Seven. Hee A ( 1) - Delete "with dIrect access on the beach.. Page 9, SectIon Seven, I tee A ( 2) - Add "or radio" atter 8telephone8. Page 9, SectIon Seven, lte. A( 3) - SInce dIrect access on the beach i. to be deleted froB Ite. A( 1) above, clarify that the aoto.lzed chase boat Kill be Iocated Khere the actual operatIons are occurr Inq. T8pe" Co..ls.loner VoIpe questIoned why the ordin~nce doe. not addre.s the activity ot parking boats on the beach? Mr. 0' Donnell advIsed that todaYKas the tirst tiae this issue has been _ntioned. County Attorney Cuyler indIcated that one at the speaker. _n- tlooed that the detinltlon of Kater skiing does not include ai.llar activities that pull peopIe behInd boats at high speeds, and noted that he K111 incIude a detlnltion of Kater skIIng Khich doe~ include other actIvIties. Co_ls.loner Saunders 8tated that It appears that two of the auqgested aaendaents do not have univers"'l acceptance: 11 the treat- _nt ot uItra lIghts; and 2) the questIon cryncerning the on-shore operatIon Kith direct access. Co-is.loner Hasse advised that he feels that the operations should be land based. and he would lIke to prohibit ultra 11ghts tro. landing on the beach, since it Is a dangerous situation. ~ t_~ '1 ~.... r. 8ØVed, eec:oaded by ec-l..1C1D8r Volpe aDd carr iM -- 4 _17, that the f 0 11 ow.lDg 1"' "_Dts be ... to the .... 4 i"e 1 8ec\:1oa Thr- - reter to 8aD4 Dollar Isl8Dd 8Dd Ll1:1:1e II1cbry .18la84 J 8ectlon FIve &(1) - Delete the portlO11 CClDC8rJÚJlig P8g8 18 1-' - ~, ,,--,.,.,.,.,_..,-,..- rr-n.&n 28, 1... U""..: 88etJ..oa Whe W - aeq,aire the i881JaDC8 ot . ~, prior to t 1.cIÞrt ~ tor tJarow 1.Dg 0 t ball., trl.beee, or other object.: 8Dd 8ecrtÚ8 SJ..a A( 1) - ~~ the 300' 11a.1tatloa. to 600' ottabore, in all ~ et 1:M ord' """""--. A lengthy discussion took pIace relating to ultra lights, with the following suggestions: that SectIon ",J" reaain as Is, and additIonal language be provIded to include taxI corridors to and. fro. the beach; delete Section ",J8, and require a corridor tor ultra light operations; that ultra lights can land 500' otfshore, but it they co.e onshore, it is to be In an area that is not a County Park, or Khere there is not an active beach operation; designate specific areas tor ultra lIghts; C f -1.c8er --"'-han ~, 88CODde4 by ec-l_lcmer ..... 8Dd carr 1.ed 4/1 (ec-J._ioaer ~rs o~) that SectlOD Wi... .3. ra i. - 1t 18. A discussion took place relatIng to Section 7A(1). Co..lssioner Shanahan euggested the deIetlon ot "direct access on the beach.. Mr. Mark Barr, representIng Marco Island Sea and Water Sports, questioned Khere the corrIdors Kill be established tor the users of pontoon boats? Mrs. Maria Segrera stated that her pontoon boats are located In the ~ area each day. Mr. Michael Modgen suggested that the ordinance be rØWTltten, so that the people Kho are now Korklng out of the aarinas and co.. around to the beach can stay in business. C i-.ia88r --- ~. 88CODde4 by Co8aJ...lcmer Sh~b8a 8Dd carr~ --I--ly, that S8ctlOD 7A(1) r...1n - 1 t 1., other than c:b8D8i88 84J.rec:t 8CC4t88 on the beach. to .direc~ ace... to the beech.. Mr. O'Donnell stated that Staft Is recoamendlng that ".otorized or Klnd driven8 be added att~r 8reauneration, of" and betore 8vessel(s)8, In Sectlon Seven RAn. WIth regards to Page 10, SectIon Seven 8(2), Mr. O'Donnell indi- cat~ that Staff is suggestIng that rather than requIrIng that lite v.sts be Kern, the language be changed to require that lite vests be Pag.20 ~q ---,-- FEBRUARY 28, 1989 on board. It was the consensus of the Coamission to accept the two above suggestion., as pre.ented by Hr. O'Donnell. Co..lss1oner Goodnight noted that Section Seven A(2) needs to be aaended to include "teIephone/radlo". ec-l-iCllD8r Sb&n.ahan 8OVed, -conded by Co-issiemer Ooodnlght 8Dd. carr i ec1 mum 18:1'U8 1 y, that the ordinance .. nwabered and. tltled below be adopted, "~, and. entered in Ordinance Book .0. 3&: OKDIJlAJICI 8 ¡-11 All ORDllfAKCE RELATING TO BEACH i WATER SAFETY AND VESSEL CONTROL; PROVIDING FOR INTENT AND PURPOSE; PROVIDING TITLE AND CITATION; SETTING PORTH APPLICABILITY AND DEFINITIONS; PROVIDING FOR REGULATION OF USE AND CONDUCT ON THE BEACH; PROVIDING FOR VESSEL REGULATION; PROVIDING FOR REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS; PROVIDING YOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR REPEAL OF ORDINANCES HO. 81-11 AND HO. 8S-6; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ..... a.c...: 3:30 P.M. - Il8 c onvaned: 3:40 P.M. at wblch tl- Deputy Clerk hnyon replaced Deputy Clerk BotflMn ..... It.. "8 U30LOTI08 19-U SUPPORTI.O TO CRUTIO. OJ' TO COW SLOUGB IlATD "'- uaA. PISTIlICT - ADOP'h,J) Hr. Dallas ToKl1send, representing landowners in the northeastern scctlon ot the County, stated that he KouId like to create a specIal taxIng district to achieve soae water controI In the area. He advlsed that this taxIng distrIct 18 authorlz~d under FlorIda Statute 298 Khich is an oId Statute that Kas intended to benefit the agrIcultural coaaunity In ter.s at allowing them to tax themselves to set up Kater control structures. He stated that they are Interested in tKo-Kay Kater control; conservIng Kater and providIng draInage Khen there i. ex=essive tloodlng. He noted that this area has had proble.. tor 2S or 30 year. and as the landowners Klsh to convert their agricultural land tro. cattle grazIng into cItrus or vegetable productIon, there need. to be some improveaents aade to the onIy drainage outlet in the area which Is caIled the ToKnsend Outlet and draIns to tne Caloosahatchee River. He noted that the Katershed Kas delineated by the S~il and ConservatIon Service and Kas deteralned to contain Page 21 #O ,"-""-.-.-, FEBRUARY 28, 1989 appraxlaately 2500 acres, adding that the Iandowners ot CollIer County and Hendry County have unani.ously voted to pursue thls Iegislation through the Florlda legislature. He stated that he is requesting that the Board pass a resoIutlon in support of this legislation. C0881s8ioner Volpe questloned if this resolution KIll aid in the efforts to get special legislation tr08 the Florida Legislature, to Kbich Mr. Townsend stated that the Iegislative delegation require. that all local bills have a resolution passed by the local board., adding that the Hendry County BCC has passed a resolution ln support. Mr. Robert Roth, representing Barron CollIer Co.panies, stated that they have a section ot land that Kl11 be invoIved in this distrIct, adding that he i8 also asking tor the support of the Board. C I..~ 8oodnlgbt ~, eecODdoed. by ~_10G8r tlhaft.8haf1 .-.4 carr!" ---I~l." that Jt.e8o1utlon -.-44 8UppOrtlDg the creatlOD of tb8 Cow 8108gb ..ter Cootrol Dl.trlc1: be adapted. Page 22 jl .,,- ,,----..- FEBRUARY 28, 1989 Itea n111 PK'rInG8 PV-M-22C, JU CUJtJ) It. U&:D, ItD'USD'fIJfO JI.I.PL&S IR7ILDIJIG ~U1' , as ..OYU I ~ ~ J'O1t AIr UPBAL or U:rCB Pt.A.81' - ~ ~ Coaaissloner Volpe stated that he has previousIy represent~ Maples BuiIdlnQ Coapany and tor that reason, he has filed a disclosure and a conflict and wiII abstaIn tram votIng on this petition. Planner Xadeau stated that thIs petitIon was sub.itted by Richard E. Baker ot White Sands Construction, adding that he Kas previously representlnQ xapIes Building Coapany but Hr. Baker and WhIte Sands Construction purchased the Interest tor the provisional use property. Be noted that this is a provIsional use request for "an of the industrial district for an asphal t batch plant for property located approxlaateIy 1/2 alIe 8outh at the Lee County lIne and appro~iaately 2500 feet east at Old U.S. 41 in SectIon 10, Township 48S, Range 25£ and consists of approxlaately !) acres. He noted the subject property is identified as industrlaI property on the future land use sap of the Coaprehenslve PIan as well as on the zoning atIas. adding that land. to the north, west and south are zoned In1ustrial and lands to the east are zoned 11.-2. He indicated that all surroundlnQ land uses are undeveloped woodlands. He indIcated that the petitioner Is proposIng to develop the sIte Kas an asphalt batch pIant as KeIl as an equipaent staginq area. He reported that the asphalt plant site Kill also have an oftlce and shop and to ensure coapatibiIlty with the adjacent pro- parties. Staff has recoaaended a 10' land~cape buffer on the eastern. northern, and southern property lines. He Indicated that the peti- t loner is proposIng to access the sIte throuqh Pug Hill Road -:>r Sun Century Road. He stated that Staff has revIewed this request and deter.lned it to be In coapliance KIth the Coaprehensive Plan based on the anaIysls nt the Growth Hanageaent Plan. He noted that the CCPC reco...nded tnis petItIon be torKarded to the BCe KIth a unani8OU8 recoaaendatlon of approval subject to staff stlpuIatlons Kith a change In StIpulation 69, 620 and 622. He noted that two people spoke In favor ot the request, three people spoke In oppo~itlon and one letter Page 23 ~& ..,"""""",,,...... '" ,- "" "-""'-".,,-..-.-. FEBRUARY 28, 1989 in opposition was received. In answer to Co..issioner Shanahan, Planner Nadeau stated that the pet i t tuner Is proposIng approxi.ately 30 trips per day, but the peti- tioner has indicated that the plant operation i8 between 200 and ~OO ton.a a day which could be reached in a two-day operating perIod and the other days aay be used tor transporting aggregate to and tro. the site. Co..i.sioner Saunders questioned Khat is beyond the 300 foot U.i- tation KIth regards to developaent, to Khich Hr. Nadeau stated that to the south 1/4 aUe 18 a aoblle hose park. Hr. Richard Baker, representing White Sands Construction Co.pany, .tat~ that this 8ite Is isolated Kith the closest structure being 1/4 .1le trOll the plant. He indicated that this petitIon coaplies with the Coaprehensive Plan. He noted that the petitioner intends to rebuild Sun Century Road to County specIficatIons. Khlch is approxi_- tely 2500 teet Iong, adding that this road KouId only be used for a teaporary perIod ot tiae Khlch KouId be approxi.ately one year. He noted that LIvingston Road wiIl be constructed in approxl_tely one year and at that tlae, they KIll have access to it froB Pug H1Il Road which Kill also be buIlt to County specifications. He indIcated that this Is an old existing plant Khlch the petItioner lntends to rebulld with state-of-the-art dust collection equip.ent, adding that this plant is located in Fort Hyers at the present tillle. He stated that this plant is s.all and only puts out SO tons an hour. He noted that he has to go through the EPA per.ltting in order to get this plant Into operatIon. He Indicated that he K111 have to get a dust collec- to:, baghouse, etc. Khlch w1l1 have to be state-of-the-art equipaent, Be noted that there are 25 stIpulatIons that the petitioner has agreed to In order to operate this pIant. He noted that WhIte Sands Construction has been in business for 7 years and there is co.petltlon needed in Collier County in this tield. He indIcated that there are only two contractors in this county that have the opportunIty to co.- petitlvely bid because they have their own source at _terlal. He Page 2.& 1/1 ---.--.. -,"" FEBRUARY 2ð, 1989 stated that with their abilIty to produce their own aaterlal, they could be 8Ore coapetitive in the aarketplace tor prlvate developers, public and County entItIes. He stated that they have a contract with Harper Brothers to P'1rchase thIs plant. He Indicated that he has received unaniaous approval troa CCPC and froB EAC with certaIn 8tlpu- Iation8, adding that Statt finds the site coapatlble for this use and there KIll be no slqnltlcant iapact on any roadKay Klthin the radius of the deveIop_nt. He stated that he is requesting that the sec approve his petltlon. Co8aissloner Volpe stated that he currently represents "aples BuildLDg Co8p&ßY, but he has been told that they are no longer involved in this petition, addIng that he has previously represented Mr. B&.ker .. _ll but has not represented hi. tor at least fIve years and questioned if he should or should not partIcipate, to Khich County Attorney Cuyler stated that It does not appear that under the cir- CU88tances, there would be any financial benefit to Co..issloner Volpe. The tollowlng people spoke In opposition to PetItion PU-88-22C citIng Increased trattlc, additIonal irpacts on the roads, pollution, safety, .alss1on probIeas, adverse iapact on surrounding pr~pertles and residents, noIse, dust, and health probIe.s: Anthony PIres at WoodKard & Woodward, representing owner of laperlal LAkes .ell Gregory 'bpi" Paul Donley, (Petitions troa Landaark Estates ResIdents presented) Dr. .1--s Tonery I:yle Shinbaua George l:eller Sea HopkIns Mr. Michael RItter, President ot White Sands Construction, stated that there are tKO pIants in Collier County at this tiae and there are 00 proble.. KIth thea, but there is co.petltlon needed. He noted that they Kent to great lengths to tlnd property that Kould not affect anyone and due to the location of thls property, it Kas felt that it would be the Ideal sIte. He noted that thIs property Is zoned correctly and he is re<¡'Jes t ing that the BCe vote ln favor of hls Page 28 'If ---- ..---, ",.._,_......",-""., "..' FEBRUARY 28, 1989 re<¡1W8 t. Mr. Tho... Bruaagln stated that asphalt plants take natural aaterlals and dries it in a rotary dryer, screens the aaterial and then pulls the exact "eights tor each por~ion and then puts it in a aixture and that Is "here the asphaIt ceaent is injected. He noted that the asphal t ce.ent Is coa91etely encIosed in a tank and stored. He stated that the pIant has a baghouse "hlch ls like a vacuua cleaner, it sucks up dust, collects in a bag and the aIr ls vented to the bag, except that this baghouse has 4,000 bags In it. He stated that by ~laply "atchlng the baghouse, it is deteralned whether it .1s working rIght or not, uecause it it is not "orkinc;¡, dust coaes out of it. He noted that DER runs an ealss10n test to ver Hy it it is operating in coapliance or not. He stated that he does not see any proble. Kith this plant aeeting all the required standards. He noted that this product is a viable product and used in aany aspects and is also a sat. product. Mr. Baker stated that he Ioolced at all the Industrial areas In Collier Ccunty "hen selectIng property tor this plant and after great t iae and expense, It "as deterained that this sIte "ould be the ao8t approprlate. He noted that once buffering .1s in place, th1a plant "111 not be seen fro. ott-slte. He noted that the property is zoned indu.trial, coaplies "1 th the Coaprehenslve Plan. and Is surrounded by lndu.trlal uses. He noted that this plant "ould not be a nuisance to anyone. County Attorney CuyIer stated that Co..18sioner Volpe has indl- cated that Kaples BuIlding Coapany "as a cllent at his and questioned it Naples BuildIng Co.pany "111 be gainIng anything froB this peti- tion, to "hlch Hr. Balter indIcated that everything has been as.igned to hI. and thnre "ill be no tuture transactions. C088issloner Shanahan stated that it Is d1tt icult to aa.ke a deci- slon on this petltlon as Staff has indIcated a recoaaendation of approval, but there Is a lot at opposition tro. surrounding property owners. Page 26 ~q ---..---.-.,,-.- FEBRUARY 28, 1989 Co..issioner Hasse stated that he does not teeI that it ls appropriate to put an asphalt pIant near a residentIal area because of the increased traftic, the nolse, and the dust. Co..lssioner Saunders Indicated that he feels that this area is not appropriate and that an asphalt plant should be located In an area where the aggregate is 8ined. Î . .. "-r ..... 80'9'84 , eec 0. .M4 by Co8aJ. _1 0Der Volpe aDd carr J8A I ..ly, that Petltlon ro-I8-22C, be denied. ..... -.e...: 6:16 P.M. - ~,,--d: 6:20 P.M. at whJ.ch t18e Depaty Clerk Boft- replaced Depu.ty Clerk E8DyoD ..... I t - 4N.a.& 08J)~"- 1"12, ~TIQ8 a-88-1þc, WI LSOJI , 8IXLLD , IIAIt%C8 , SOt.L . PKIZ. I:8C.. ItD"IIDØ'f I JtQ 1'OOT8 ova, IJIC. JtKQOUTIJIØ RUOID ntCM ..-. AD fVD TO fVD ~~ E:8OIIII AS TOUT1I ova -. ADOPnD Legal notice having been publIshed in the HapIes Daily Ne"s on January 28, 1989, as evidenced by Atfidavit of PubIication tiled with the Clerk, public hearIng was opened to consIder an ordinance aaending Ordinance 82-2, the CoDprehenslve ZonIng Regulations for the Unincorporated Area at Collier County, Florida, by aaending the ZonIng Atlas Hap "ueber 50-26-4 by changing the zoning cIassitication of the herein described real property fro. RHP-6 and POD to 8 POD" , Planned Unit ~velop8ent known as Youth Haven, tor group care facilities, and related UJles incIudlng housing, health care tac1l1 ties and recreational uses, for property located on the south side of Wbltaker Road, approxlaately 3/4 aIle east at County Barn Road, in Section 17, Township 50 South, Range 26 East, contaIning 24 acres, 8Ore or less; and by providIng an ettectlve date. Planner Weeks stated that the objective of this petition is to rezone addltlonal property frog RFH-6 to POD, to be Incorporated Into the existIng Youth Haven PryD. Co..l..10ner VoIpe questIoned "hy children "ere used to calculate the denaity, and "hy the nueber Is doubled fro. ~ to 107 Mr. Millls Klngsbury at WIlson. Hiller, Barton, SolI II Peek, Inc., representing Youth Haven, advised that the desIre of the petitioner Page 27 ..{O ... .,."-""."""".."",-,_....."."".."",,... _._-~".".. FEBRUARY 28, 1989 ... to raise the intensIty of the project to a level "hich aade It . aanageable and operational center, noting that the reason chIldren were used !s because thIs Is a group care facIlity. He stated that cottages "ill house a certain nuaber ot people, and the best coaponent to arrive at a densIty leveI "as the nU8ber of chIldren that the ser- vIce will be provided tor. He advised that thIs property had been zoned RJ(lI'-6, and Kith the aIlowable 2.48 people per dwelling unit, the 10 people per acre "ill rationalize back to 4 units per acre, notIng that the overall densIty Is less than the allowed density under existing zoning. Mr. David UrIch, Executive Director of \outh Haven, stated that he "as not on Statt at the tiae the orIgInal PUD "as pas.~d. He noted that upon review, it was obvious that the origInal proposal of 5 children per acre "as a very conservative nU8ber. He advised that It everything that is proposed is constructed, there "111 be 125 chIldren on the site. There were no speakers eIther tor or against thia petition. C I -18Der ......... h.ft 8Ø98d, eecODdeð by Co8ai_10Der ~Sgh1: -.ad C8ZT 1ect 8D8D18:Iov.8l." that the pQbl1c bear.lDg be c:loeec1. C f -1oDer Sh..aftA~ aaved, eeconded by Co8al..1cmer -.-.- aDd C&l'T1.M --t~l." that the 0 rd 1naDce - D1DIbe r eð aDd t 1 tIed. below be 8dapt8cI 8IDd eDtered. Into Ordinancc Book 110. 3ð: OItDIJLUrCK 81-12 AX ORDIHANCE AMENDING ORDINANCE 89-2, THE COMPREHEHSIVE ZOHING REGULATIONS FOR THE UHIHCORPORATED AREA OF COLLIER COUNTY. !"LORIO", BY AMENDING THE ZONING ATLAS HAP NUMBER 50-26-4 BY CHANGING THE ZONING CLASSIFICATION OP THE HERRIN DESCRIBED REAL PROPERTY PPO RHP-6 AND PUD TO "PUD", PLANNED UNIT DEVELOPHEHT ~OWH AS YOUTH HAVEN, FOR GROUP CARE PACILITIES AND RELATED USES r"CLUDING HOUSING, HEALTH CARE PACILITIES, AND RECREATIONAL USES, POR PROPERTY LOCATED ON THE SOUTH SIDE OF WHITAKER ROAD APPROXIMATELY 3/4 HILE EAST OF COUNTY BARN ROAD IN SECTION 17, TOWKSHIP 50 SOUTH, RANGE 26 EAST, CONTAINING 24 ACRES, HORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE, I tea.... C8D~ .'-13, PKTI'I'!08 PDA-I'-6C, 8aUCK øa&D A.WD ASSOCUrD. IJrC . --...... C&aL.. """'.t_, tau. 't && , JtZQUUT I JIG AJf a- -, W&IQ' TO C8DIJIA8L.. "-72, PVÐ DO(;UIII&IU l'Oa Jr.LST:I.ZDCm, BY CB.UrG I 88 ru ..... TO PLAIIrArI08: Al8llDx.J PDDIU"I'KD usa, &JID 8"DUC1'UKU: &JID TO ADD SIJlOL8 Wua.L1' 01111'11 I. ru MCLTI-rAMIL1' nAC'f3: AMJDIDIG DINKLOPIIIDn' 8T.--~o.: IJICOUIOa.I.TIJIO STAn'S STlPOLATIO.S AS DKVß.OPD CO88r:ID8MlI_L~ ~- !'ÇID~~~~!.-~ ::. ~~ Pltge 28 ,{/ --,..~._,...,""',... FEBRUARY 28, 1989 LeQal notice having been published in the Maples Daily Hew8 on January 28. 1989, 4S evidenced by Atfidavit ot PublIcatIon t lled "ith the Clerk, publIc hearing "as opened to consider and Ordinance aaending Ordinance 84-72. The Planned UnIt DeveIopment docuaent for Jta.atrldqe, by chang i ng the project naae to PlantatIon; ..endlng the title .,>age; tabIe ot contents page; SectIon I - Stateaent of Coapliance; Section II - Property OWnership and Legal Description, Sub-8ectlon 2.01 - Property OWnershIp; SectIon III - State.ent of Intent and Project DescriptIon, Sub-sectIon 3.03 - Fractioinalization ot Tracts, Sub-section 3.04 - PUD Conceptual Site Plan Approval Proces8, Sub-Section 3.05 - Site Develop.ent Plan Approval Process, Sub-sectIon 3.07 - Project Density, Sub-section 3.10 - ExceptIons to the CollIer County SubdIvIsion Regulations - Paragraph 1 (3); Section IV - Land Us~ RegulatIons, Title, Sub-section 4.03 - Peraitted Uses and Struct'.1res, Sub-sectIon 4.04 - ResldentlaI Develop.ent Standards, Sub-Sectlon 4.05 - Developaent Standards for Se"age Treat.ent Plant Sub-section 4.06 - Developaent Standards for the Child FacilIty; Section V - General Developaent Co..itaent8, Sub-Section 5.2 - Traffic Iaprove_nts, Sub-section 5.4 - PUD Haster DeveIopaent Plan, Sub- section 5.5 - UtilitIes, Sub-section 5.7 - Environaental Consideratlon.a, Sub-section 5.8 - Polling Places, Sub-8ection ~.9 - Coapliance "Ith PUD docuaent; and by providing an effective date. In answer to Co8A18sioner Volpe, Hr. Schett indicated that the child care center is the only Itee that Staft had proble.. "lth, notIng that it 1. not consistent Kith the new Gro"th Hanageaent Plan. County Attorney Cuyler advIsed that it the Board at County Co_issioners finds that this is InconsIstent wIth the Co.prehenslve Plan, the petitIon cannot be approved. Hr. Joseph Boggs at Bruce Green and Associates. Inc., .tated that he did "ant to address the child care tacl1ity. He noted that the petltloner agrees Kith all statf sti!,ulatlons, and the ..endaenta to the PUD. He Indicated that the petitioner stIll desires to have the child care tacllity to service the proposed P~antation PUD, as "ell aa Page 29 5~ ,..-..""- , "." '.""""""""""""""" --- --""" FEBRUARY 28, 1989 Sab&l La.ltes to the east and Santa Barbara Landings to the west. He stated that this planning process began over a year ago, and th18 fQcl1ity would have been peraltted up to a aonth ago. Planner Blanchard advised that upon revle" of subject pet.tion, the proposed child care facility is a co-erclal type of operation, and is located as such on the POD; that it Is not internal to the pro- ject, &rod does not coaply wIth PolIcy 5.1 of the Growth Hanage..nt Plan. He noted that one at the options is to aaend the Zonlng Ordinance, to sake a Provisional Use "ithin all zoning categories. Mr. Boggs indicated that it this project "ere 1/2 aUe to the .-t, It would tall into an ActIvIty Center, and it "auld coaply with the Gr~h Hanageaent Plan, notIng that the petitioner "111 do Kbate-ver it tùes to "ork out a solutIon. Mr. Scheff stated that another alternative is to have an owner- occupied t~cility, as long as that unIt Is to be included as one of the 418 units peraltted by the developaent. eo..lssIoner Shanahan stated that Hr. Boggs aentioned that the petltioner 18 "llllng to do aIaost anythIng to arrive at a solution, and questIoned it he "ould agree Kith the owner occupied facility? Mr. Boggs Indicated that hf: "ill have to revie" this with the petItioner, since there has never been any dlscusslon relating to an owner-occupied tacility. County Attorney Cuyler stated that uPless Staff is going to gIve a b-..is ot consistency to the Coaprehensive Plan, theJ:'e is no alter- natlv" for purposes of today's petitIon. He advised that it the peti- tloner desIres to go forward "Ithout the child care facility, and i f the Zoning RegulatIons are a.ended at a later date to allo" tbes. fac1l1tles. the petItioner can coae bar:k and re-petltlon. Mr. Boggs stated that he "ould rather sake the concessIon today for an owner-occupIed child care facility. In .nswer to County Attorney Cuyler, Hr. Weeks stated that in the pa.t, use. that have been aIlowed provi.ionally in so.. other DistrIct have been allowed as a principaI peraltted use In the POD, or allowed Page 30 .,g J .--. -..--."""'". FEBRUARY 28, 1989 subject to site deveIopaent pIan approval. There were no other speakers, either tor or agaInst this petition. -r f..~ ---I..-m -...4, 88CODrS84 by ec-1_10Der ..... 8Dd carriell ~-I~ly, that the pabllc bearlDQ be cloeed. C 1_1era8r..... -...4, eecODded by ec-1_10Der Volpe aDd c::a.rr~ --.~ly, to approve PDA-'.-6C, 8V.bject to the CCPC'. re< flt1Gee with the ex.cep1:1on ot the child care t8C111ty IIIb.Jch at&tt re.: .... be deleted, aDd that the ordinance - Dllllb8red 8Dd 1:1 t1ed "'l~ be 8dopted aDd entantd into Ord1naDc. Book 80. 35: 0JtD IJL\JrCIt . SÞ- 1 3 Aa ORDIXAaCE AMENDING ORDINANCE 84-72, THE PLANNED UNIT DEVELOPKE"T DOCUMENT FOR EASTRIDGE. BY CHANGI"G THE PROJECT "AME, ~IXG THE TITLE PAGE; TABLE OF CONTENTS PAGE; SECTION I - STATEMENT OF COHPLIAHCE; SECTIO" II - PROPERTY OWNERSHIP AND LEGAL DESCRIPTIO", SOB-SECTIO" 2.01 - PROPERTY OWNERSHIP; SECTION III - STATEHEXT OF INTENT AND PROJECT DESCRIPTION, SOB-SECTIO" 3.03 - YRACTIONALIZATIOH OF TRACTS, SOB-SECTION 3.04 - PUD COHCEPTIONAL SITE PLAX APPROVAL PROCESS. SUB-SECTION 3.05 - SITE DEVELOPMENT ~ APPROVAL PROCESS, SUB-SECTIO" 3.07 - PROJECT DENSITY, SOB-SECTION 3.10 - EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION RZGULATIONS - PARAGRAPH i (3); SECTION IV - LAND USE REGULATIONS, TITLE, SUB-SECTION 4.03 - PERMITTED USES AND STRUCTURES, SOB-SECTION 4.04 - RESIDENTIAL DEVELOPMENT STANDARDS, SOB-S!CTIO" 4.05 - DEV~LOPMENT STANDARDS FOR THE SEWAGE TREATMENT PLANT; SECTIOX V - GENERAL DEVELOPMENT COMMITMENTS, SUB-SECTION 5.4 - PUD MASTER DEVELOPMENT PLAN, SUB-SECTION 5.5 - UTILITIES, SUB-SECTION 5.7 - EXVIROKKEXTAL CONSIDERATIONS, SUB-SECTION 5.8 - POLLING PLAC~S, SOB-SECTION 5.9 - COHPLIANCE WITH POD DOCUMENT; AME8DIRG EXHIBIT A: POD MASTER PLAN; AND BY PROVIDIHG AN EFFECTIVE DATE. Page 31 .rf -"...,---~.._, FEBRUARY 28, 1989 I te8 .... 08J) TW a ""CW 1.-. 1 " PKTITI08 a-'1-22C, $"... IUt 1CAaCtIS, I8C., ~ ~..-r-- .... ~ KID, ItZQUUTIJIG A uzon I'.aI A-2 TO ".-6 :rea 20 ~ L tW8 UIIYTS J'CII PItOPDTT o. TO JrOaTJI S IDK 07 BAILrf ux., U..... "",na.T 1/2 WILE IQ.ST 01' AIKPOJrf ROAD (COMPUIe. TO ru-Ia-2~~.!'-6CL_:-_~~__,...--.mzTIQ.JUt'S. &n'!~T Zi'.~~.- Legal notice having been pubIished in the Naples Daily News on January 14, 1989, as evidenced by Attidavit of Publication filed with the Clerk, publIc hearIng "as opened to consIder Petltlon R-88-22C, Charles P. and Brenda L. ScIre represented by Sutter Marcua, Inc., re an ordinance aaending Ordinance 82-2 the Co.prehensive ZonIng Regulation. for the unincorporated area ot Collier County, FlorIda, by aaeDding the Officlal ZonIng Atlas Hap Huaber 49-25-6 by changing the zonIng classification froB A-2 to RSF-4 tor the hereln descrIbed pro- perty located on the north side of Bailey Lane, approxiaately 1/2 aile west of AIrport Road; Section 23, TownshIp 49 South, Range 25 Eaat, 4.85 acres acre or less: and by providIng for an effective date. COapanlon PetItions: PU-88-23 and SHP-88-6. Planner KIno stated that PetItions R-88-22C, SHP-88-6, and PU-88-23C, all relate to the sase parcel of property, and requested that he be peraitted to present all three petItions at the saae tlae. Be noted that the subject prop~rty is located on BaIley Lane, "hlch Is no acre than 1/2 aile long In its entirety, and dead-ends along the Royal PoInciana Golt Courße. He indicated that this petitIon proposes to allow 20 dweIIlng units on 4.85 acres Qt land, "hich ~tea to 4+ unIts per acre, noting that the Coap Plan peraits 6-1 d"elling unIts per acre. He stated that all review agencIes have indicated no objec- tIon to approval at thIs petition, subject to stIpulations and 81tl- gatIng --sures, "hlch "111 er~ure coapliance Kith Levels of Services requlred by the Gro"th Hanageaent Plan. He noted that the CCPC has recoa.ended approval ot all three petitIons, subject to the stipula- tions of the revie"ing agencles, addIng that Staff is also recoa- _Dding approva 1. CoaaJssloner Volpe stated that there have been recent discuøalona r.latlng to drainage probleas In thIs area, and he understand8 that no Page 32 V~ -"",,,------ ""00_'___.- ----'- nBRUARY 28, 1989 buildlnç peT8its "ill be issued until there Is an acceptable star. water outtall. Be questIoned whether this is an i8sue that i8 to be addr.s~ by Statt? Mr. .100 advised that thIs is an issue that will be addressed between Project Revi~ Services and the developer at the developllent stage. Mr. Ifadeau stated that the typical drainage pattern tor Balley Lane area is a southerly f low to the BaIley Lane dr.lnage "hlch extend8 to the east to the ~ale syste. at AIrport-Pulling Road. Coaaissioner Shanahan Indicated that the Board of County Co..issioners directed Staff to be concerned wlth acquisition at rights-ot-way on the other sIde ot the canal to obtaIn a suItable drainage ditch, noting that thIs request is for additional units, and acre develop8ent ot the area. Mr. Ifadeau advised that Stipulation "P" is to provide tor draiDaQe, prior to the issuance of a building peT8it. Acting Coaaunlty Developaent Ad.inlstrator Ollitf stated that _ny ot the draInage probleas In the area "ere caused prior to site plan reviews, "hlch requIred on-sIte Kater .anageaent and on site retention ot Kater. He IndIcated that there 18 a site plan revIew pr~cess that "111 requIre the petitIoner to sho" his retention and detention areas, which "ill probably l.prove drainage proble.s, since the petItioner will be required to retain drainage on Bite. Co..lssioner Hasse stated that Poincland VIllage Is very sensItIve to draInage that "111 be co.lng fro. this project. Attorney Anthony PIres, representIng the petitioner, stated that ell applIcable i.pact tees "ill be paid. He noted that there are specitic constraints cont~ined "Ithin the Petitioner's Agree.ent which ensure protection for Kater aanageeent and drainage. There were no other speakers either for or against thls petition. 01 t -1.o8er CIoodD 1 gh t 80'9'84 , 88CODded by Co8alaal0D8r ~beD ... C8rr ~ .....1.8øou.l y, 1:bat the pabUc bearing tor PeUUOCUI ."""22C ... ---88-8 be cloaed. Page 33 {¡~ ,."""-""'-"""'~"-~""- ,'-...-"."'...".,.. , FEBRUARY 28, 1989 ~""1oDer m.-...ah.an -=nr8d, 8eCODded by ~i..iODer a.v..t..tg:b1: 814 carr i.. -- t 8nOQ8 I y, to approve Petitlon a-'.-22-C, eubjec1: to the cepe'. re< -1: i 011 and the Pe t 1 t 1 ODe r '", Aqr eeI8I8n t, and tha 1: the ordt-- . - . II ~ aDd ti tIed below be adopted and ent8r1td 1Dto Or4tr ..... 8ooC 80. 315: OJU) IJL\JJCZ . 9- 1. AX ORDI.ANCE AMENDING ORDIHANCE 82-2 THE COHPREHEHSIVE ZONING REGULATIOKS FOR THE UNIKCORPORATED AREA OP COLLIER COUNTY, FLORIDA, BY AMENDIHG THE OFFICIAL ZONIHG ATLAS MAP HUMBER 49-25-6 BY CBAftGI"G THE ZONING CLASSIPICATIOH FROH A-2 TO RSF-' FOR THE H~REIK DESCRIBED PROPERTY LOCATED ON THE HORTH SIDE OF BAILEY LANE APPROXIMATELY 1/2 HILE WEST OP AIRPORT ROAD; SECTIOK 23, TOWNSHIP 49 SOUTH, RAHGE 25 EAST, '.85 ACRES HORE OR LESS; AND BY PROVIDING FOR Aft EFFECTIVE DATE. / Page 3. f.p~ "._"'~"'.""""" FEBRUARY 28, 1989 I~ .eca ftrXnG8 .. .. ., .v ;(' ;(' ~ 1I&ItCUS, IJIC., aKPaUDT DIG eIf.ar n.&IID - I 8::DI8. 8aQw_uJrG 8U'8Ðm8I08 JUSTO PI..U APPItOV.u. WOIt &UI.KY LAB (CGIIPUXQ8 TO PO-..-23C/a-II-22C) - APPKUY&D AS PER PA;('~T~08ZR'8 "... WI Legal notice having been pubIlshed In the Naples Daily Hews on January 29, 1989, as e1'ldenced by Affidavit of Publication filed with the Clerk, publlc hearIng "as opened to consider PetItIon SHP-88-6, tiled by Sutter Harcus, Inc., representing Charles P. and Brenda L. ScIre. requesting Subdivision Haster Plan approvaI tor Bailey Lake, a proposed 20 unIt resIdential subdivision located approxiaately 0.4 aile. west ot Airport-Pulling Road on the north side ot Bailey Lane in SectIon 23, Township 49 South, Range 25 East, containing 4.85 acres (Coapanion PetItions R-88-22C and PU-R8-23C). The public nearing and presentation ot this itea "as conducted above. In conjunction Kith Coapanlon Iteas R-88-22C and PU-88-23C. C t..~ --"""),-Q 8O'Y8d, 88CODdect by Co8a1_1C1D8r -""'jgb1: 8Dd carr 1eoI - - t -o'IL8 1 y, to 8ppAOV. Petltlon SMP-88-6, - per the Pet:1t~l. A.p'&&--t. SEE PAGES 34-A.l - 34-A.3 for agreement It- na ~Q8 1--41, PETITIO. PD-18-23C, .U;(,T~ 8IAJtCtJ8, IX., ~UIIiI C8UT-n UD RDDA SCDt.l, UQOUTIJrG A PmVISIOIUL 08Z -g- wœ %D "'-4 DIBnICT J'OR CLOSTD 80081.0 (20 DWKI.LIJrG DIlTS) I'OJt I'IIOPDrY C8 %D 8CRT8 SIDE or 8.AILrf LI.JIZ AnoX. 1/2 JlIU WEST O. AUPœr IIO.U) (Cœg>UIOW TO R-88-22C/:JIAP-88-6C) - ADO PnD, AS PO nTmO8D '. 4P1"1M&aT -'- ----- _. This ite. "as presented in Ite. #6B6, in conjunction Kith Coapanion Iteaa R-S8-22C and SHP-88-6C. C t -10081' ~"'_h4U1 80'9'84, 88<:0Dded by C088"ta810D8r GoodD.1gb1: 8Dd carr 14IcI aD8D.18N81 y, to approve Petltlon PD-88-23C, aDd tha 1: 1I8eo18t.18a '--41 be 8dopte4, 8Ubject to the ht1Uoner'. .t.gr&T IDt. Page 35 (p~ "." -,_..._~." FEBRUARY 28, 1989 I~ ..cl D8OLVrUJ8 H-", nTITIOII AV-I.-28, Dnrou COltPOUnOll, V.&c&nOll '" ~ OW anT nrnu &lID OlIn WIrnu UPL.\T, ICAItCO SUC1I - ~qdI notice having been publIshed in the Naples DaiIy Hews on February 12 and 19, 1989, as evIdenced by Affidavit of Publication tiled with the Clerk, publIc hearing Kas opened to consider Petition AV-88-28, requested by David M. Harden, Director, Departaent ot Real Itstate Services, DeItona Corporation, to vacate all lot lines, road rights-ot-Kay and easeaents Iocated Klthin portions of UnIt Fifteen and Onlt FIfteen Replat (a two page IeqaI description i. on fIle in the Clerk to Board Office for publIc viewing), for the purpose ot future replattlng. Public Norks Adainistrator Archibald indicated that the area in question is a 31 acre parcel Iocated south of San Harco Road and the surrounding properties have been subject to the Settleaent Agreeaent Klth the State of FlorIda, and as a result, the existing platted lots and roads have been affected by the transfer of adjoInIng propertIes to the State of Plorlda. Me advIsed that In order to develop the reaainlng parcel, Deltona KIll have to vacate the existing lot lines, the easeaents and the roadways. He noted that following the vacation8 will be the redevelopaent, replatting, or re-dedicating of the road- Kay. Be stated that thIs parcel at land extends tr08 SR-92 to Blue Hill Creek, Khlch w1l1 he the route used to access Korrs Island, it that p.rcel of Iand i. deveIoped. Mr. Archibald advised that the appropriate "Letters of Ko Objection8 have been receIved, and Staff Is recOaaending that the resolutIon be adopted. There were no speakers either for or against this petition. C f ..18De r au-. .. ~ n noved, 8eCOa4ed by Co-.! -1 008r ~ .I gb t ....s carr led 1m8D 18OU.81 y, that the public hearlnq be cloeed. C---t"~r .hanah.n aoved, eecODded by ec-l_10D8r Ann.4..tgb1: 8ID4 carr1ed --t~ly, that P8tltlon AV-18-D2. be ~ov-d, 8Dd the 1: "".1a~ ..... be adopted. Page 36 ?Ú "-" ,- -, '-"-""'."'" nBRUARY 28, 1989 I Ua .ec2 C88'rW.a~ -'-La. A8IIDDIG COLLID. ~ax¡ OJU). 76-8. SVBDm8IC8 a88U- I.&%:[- ... DI& c::o&.8"fAL .&.aU PLI.8JIDIG ÐI8nIC'T 'f'O 1t&8OLV8 COIØ't.XCTS laD '18 ~.JTÞ '-NUa.l¡ nn COIm ItKGULI.%IOJIS U no II1'I8&ft P'tN: II ..-x - I.iAIr ,¡ &61 Legal notice havIng been published In the Naples Dally News on January", 1989, as evidenced by Attidavit of PublicatIon tiled wIth the Clerk, pubIlc heari1g "as opened to consider an ordinance aaending Collier County Ordinan~e 76-6 the Subdivision Regulations tor the Coastal Area Planning District, Collier County, FlorIda; aaending Article XI, Section 8 relating to tire hydrants; providIng tor contlict and severability; providing tor an etfective date. Acting Coaaunlty Developaent Adainlstrator Olliff stated that th~ purpose at thIs ordInance is to clarify a contlict between Fire Code OrdInance 86-~4 and OrdInance 76-6, so that the .paclng requlre..nt tor tire hydrants "ill be consistent. There were no speakers. ç t-iGIaer 8oodDlpt 80'9'84, ~ by ~1..1oaer ~ 8Dd C8rr1.M "'OII-i-.ly, tha ~ the pa..b 11 c bear .lDg be c 1 oeec1. C i - 1oDer -.m, I gh t 80'9'84, eeccmded by Co8aJ.-l0D8r ~~ aDd carr led Bft8ft 1 ~ I y, that the ord1A3.nce - muabered aDd tltlec2 below be ecIosrted aDd entered Into Ord.1n.a.nce 8ook JIo. 3&: oaÐIJLUICK 89-lS AX ORDIHANCE AMENDING COLL¡ER COUNTY ORDINANCE 76-6 THE SUBDIVISION REGULATIONS FOR THE COASTAL AREA PLAHHIHG DISTRICT, COLLIER COUNTY, FLORIDA; AMENDING ARtICLE XI, SECTION 8 RELATING TO FIRE HYDRANTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR AN EFFECTIVE DATE. It8a ~ --ourr:t08 1""1, PETITIO. AV-18-31 , VIC'TOau LAD8 PAftJIJaUI LTD., 811r>p...,_...U.. V.IC.U"I08 O. 20' MA.Dr'.rD&.IICK US DID'l', 20' 118& TW~ .... ~" UID 10' OTILITT US-....;¡- LOCA%KD I. ISt.OCX 2, VIC'TOau P.I.U <*1. D "H~ ~IJ'J_~ 'l9 ~IG8 COJlI)() mn:'rS- AOOPTG LegaI notIce havIng been publIshed in the Naples Daily Ne"s on February 12, and 19, 1989, as evidenced by Affidavit ot Publication fIled "Ith the Clerk, publlc hearing "as opened to consider PetitIon AV-88-31 , VIctoria Lakes Partners, Ltd., requestIng vacation ot the twenty toot (20') Haintenance Ease.ent, the t"enty toot (20') Drainage Page 37 ~O --.-, --,- ---- -.. '. FEBRUARY 2 B, 1989 Ea.se8ents and the flfteen foot (15') UtilIty Easeaent located in Block 2, VictorIa Park One, to allow Petitioner to redesign condo units. Public Works Adainlstrator Archibald stated that Victoria Lakes PartnershIp, Inc. ia requesting the vacation ot a aaintenance ease- _nt, a drainage eaaeaent and a utilIty easeaent. He Indicated that the developer has a sIte plan tor developaent ot Block Two, and in so dolnq, he needs to reshape the lake, and he plans to reroute tbe drainage and provIde tor a new lake, and then interconnect the two lakes. Mr. ArchIbald advised that the recoaaendation ls to vacate the eaae_nts as outlined, and to concurrently grant easeaents, noting that the reason for the vacations is to allow the developer to reslte so- ot bi. iaprove.ents. and in so doing, the County needs to a8sure that he concurrently grants back to the County a series of six ea.e- -nt.. a. outllned in the agenda package. H... stated that there i8 a legal descriptIon that needs correcting, and one of the conditions ot approval -III be to .ake the correction in Itea 1 "here the point ot beginnlng has to be redescrlbed to assure that there is a 29.55' distance between the road and the fIrst catch basin. Mr. Archibald stated that the easeaents to be granted to the Coun ty are: a 20' drainage ease.ent to provide for drainage of Kottinghaa Drlv~ and Berkshire Street, "hlch Is 310' long and lnvolvea the InstallatIon at 18N and 248 ~tora drain pipes, "bicb have been done; an ease-n t bet"een Berkshire Str...et and Lake '2 "hlch is appraxlaately 203' long and Involves a 42N draIn pIpe, "hlch ~he deve- loper has Installed; an ease.ent to the north, "hich Is 20' "Ide and 231' long, and a stor. draIn plpe has been installed to serve the developer's future parking Iot and to pIck up Kater frail the public road and discharge into the laJce; t"O easeaents "hich are perl.eter eaae..nts around both ot the lakes to gaIn access tor ..intenance; and a 20' e-e-nt in "idth bet"een the t"O lake... He indicated that the appropria~e 8Letters at No Objection" have been received. He noted that the developer Is In the process ot puttIng in 166 units. Page 38 ~l ~""--"'-"--'-"--- ,..--"..- -"'----"-'-- FEBRUARY 28, 1989 Mr. Grady Minor, representing Victoria Lakes, stated a new legal description "ill be provided, and noted that the grants of easeaents have already been recorded. Mr. Charlotte Westaan stated that she is representing Mrs. Betty Oulacsik who lives on BerkshIre Street, "hich Is the Kestern boundary of the Vlctorla Lakes project. She noted concerns relating to proble- with floodlne¡ In the area, addinç- that the Kater dralns froB _st to east, Instead of the reverse. She advIsed that a letter dated October 7. 1988 froa John Boldt to DavId Barne8 states that an excava- tion per.it ior the subject property is approved with ten stipula- tion.8. She stated that the road ditch on the east sIde of Berkshire Street is to be cleaned out, Kith gradIng of the dItch to the inverts, as per S~lpulation 69. adding that as of two days ago the only cleanIng that "as done "as the cuttlne¡ at the weeds. She further noted that StIpulatIon 610 states that the excavation of the lakes aha 11 be co.pIeted prior to the Issuance of a bul1dlng perait, adding that there are presently ;wo buIldings beIng constructed. She Indi- cated that Hrs. Gulacslk has further concerns that the eaaeaents in the northern sectlon are not coapIeted. hpt" Public Works Adainlstrator Archibald indicated that the developer received his excavation per.lt on October 7, 1988. and at the saae tiae, he began hIs sIte "ark. He stated that the deveIoper is provl- ding the County Kith draInage easeRents that did not exIst in the past, and stor. draIn outIets bet"een the road and the lake. He noted that the applicant does have a buildin7 perait, and he has assuaed a certain aaount at risk reIatlne¡ to excavating and gradIng work around the lakes, Khlch Is subject to the vacation and rededIcatIon of the perlaeter aalntenance area around the Iakes. Mrs. Westaan stated that Mrs. Oulacsik questIons the easeaents that are being granted to the County, and "hat specifically applIes to the new easeaents7 Mr. ArchIbald stated that the reaolution addresoes the ea.eaents Page 39 q1t "'-.."-.-."", ~. FEBRUARY 28, 1989 ,,' to be vacated. and thoBe tÞ'1t are to be granted to the County, notIng "~/ that the resolutIon aakes reterence to Exhibit 8A8, Khich lists all ~ deeded e.~e..nts that the County Kill be receiving. ~1 .,' Hrs. Westaan stated that she Kauld like to receive a copy ot the ~~ . . site plan. Hr. ArchIbald replied that he Kill co.ply Kith Hrs. Westaan'. r~est, and torKard Base to her. There were no other speakers either for or against this petition. C 4_.1cID8r 8oodnlght 8WtH!, eec0Dðe4 by ec-1_1c:mer ..... 8Dd carr~ --1-1y, that the ¡labIle beariDg be clO88Cl. C t-1G88r ~tght 8WtH!, IMCODd8d by ec-1..10D8r ~hM'I 8114 carrJ.8cl --t.....l." to awrcwe Petltlon AV-,,-o31 , thereby, edopU.. 888o1.~u. 1e-41. Page 40 ~~ """""-""""""""" ,- - """"""",-,.._""",,""'" FEBRUARY 28, 1989 I tea nA1 nTInc8 A-H-4. All AØ(IIIsnATzn APPUL BY .1.uatS S. SIan ~~_. Ot.IVD 1ItÆLAIm, or ru PI.l.DIJlG/zœIJIQ DIa&CrO1t I S D8CISI08 DlAT A raIn S1IOP usa C.unlO1' U A.rrKUv~ AT 1224 IIDOSTUAL BLVD. - ~/ZO1II.O DIJœCTOa 'S QECISIO8_t1P1I:Ç.D Legal notIce having been published In the HapIes Daily News on February 12, 1989, as evIdenced by Aftidavit ot Publication filed "ith the Clerk, public hearing "as ope~ed to consider Pet it ion A-88-4, filed by Mr. Oliver Burland, c/o Jetport Express. represented by Attorney J...s B. Slesley, appealing the PlannIng/Zoning Director's decision that a request for a thrIft shop operated by St. Vincent DePaul, located in the Industrial District, at 1224 Industrial Boulevard, cannot be approved. Acting C088UOity DeveIopaent Adainistrator 0111ff stated this requ- t ls to allow for the use of a thrift shop "ithin the Maples Production Park oft of AIrport Road. He advised that the Zonlng Director aade a decision that the thrift shop use is a coaaercial use, based on letters "hich ind1cate a greater than 5°" tloor space use of co_rclal retail type activItIes, and therefore, found that this 18 not an allowabIe use "ithln the IndustrIal DistrIct. He noted that the next step of the process through an appeal is through the Coaaun1ty Developaent Adalnistrator's ottice. He stated that he sup- ports the Zoning Director's decisIon. Mr. Qllitf indicated that the Executive Suaaary explaIns the need to protect. the Industrial DIstrIcts, and allow for places "lth uses of higher lapact and hlgher nature "ithin the County to ex1st, and "by the rationale tor the decIsion not to allow a retail type coaaercial use within thIs DIstrict. Co..lss10ner Saunders ~tated that a letter has been receIved fro. .eno J. Spagna, statIng that the Saint VIncent De Paul SocIety does not operate a thritt store, and has no intention ot doIng so, and that Messrs. Siealey and Burland are not authorIzed to file the petition on behalf at Saint Vlncent De Paul. He further noted that he has received a copy of a sales contract, aa presented by Hr. Slesky, for Page 41 qll --., ,,---,....,..,.... .. FEBRUARY 28, 1989 the record. Øe questIoned Khether there is actually a valid petition to be heard? Coun~ Attorney CuyIer Indicated that Hr. Slesley is not presenting the Petitioner's appeaI on oehalt of the SaInt Vincent De Paul Society, but on behalf ot Hr. Burland. Co..i.sloner Volpe questioned "hether the exIsting ordinance addresses "hat percentage of an operation "1 thIn an Industrial Park can be retail? Hr. Ollitt replied negatively, noting that language is built in to allow tor a certain aaount at flexibIlity, but it Is up to the Zoning Director's discretion and decIsion, and in thIs case he felt that the -jority at the use "ould be for retail. Attorney 3a..s H. Siesky, representing Hr. Oliver Burland, "ho agreed to sell his property at the corner of Industrial Avenue and Progress Boulevard to SaInt VIncent Dto Paul, noted that one of the continqencles In the contract "as that the buIldIng "ould be capable tor a thr it t shop as an accessory use. He provided a sap, sho"lng the exlstil19 usee In the Industrial Park, noting that the petitloner belleves that 64 of the busIness are coapatlble "Ith a thrift store. Mr. 51esley stated that he is not asking for 50~ use, but rather an accessory use. He reterred to a packet of letters, notIng that the tirst letter, dated Hoveaber 15, 1988, is fro. hI. to Attorney John Cardillo, "ho "as representIng St. Vincent De Paul In the closing, and indlcated the need for the accessory use approvaI by the County. He stated that he aet "Ith Hr. BaginskI to ascertain what steps had been taken relating to the accessory use, and "as toId that he needed inforaation rngarding the percentage of retail sales vs. other speci- tic uaes tor the property, so that an interpretation ot the Zoning OrdInance could be deterained. as to whether the thr itt shoe> could be a peraltted principal or accessory use. Mr. Slesky stated that a letter dated Movti.b~r 9, 1988, froB Hr. CardIllo, "88 hand delivered to Hr. Baglnskl, "hich states that 4°' - 5°' of the building "ill be used for a thr it t store. 8e noted that he Page 42 q1 ..'....,......"_.._..........~-,~..,- ..,-..""-- FEBRUARY 28, 1989 r.ceiv~ an undated Ietter froa Hr. Baginski to Hr. Cardillo "hich states that he could not approve the request for a thrift store at the subject locatIon, based upon the Hove.ber 9, 1988 letter. Mr. Slesk:y advised that he "rote and hand delivered a letter to Mr. B.aqin.ak:l on Deceaber 15, 1988, asking hI. it the accessory use would be approved on the basis of Hr. Foohey's letter ot October 3, 1988, whIch states that "the accessory use "ould be SO88 retail In conjunction Kith our charItable use~. The retail use "111 al"ays be incidental to the principal use tor the h61p of the needy and the poor. 8 Be stated that he receIved an undated response troa Hr. B&gin.øki on Deceaber 30, 1988, "hlch states that he denied the correspondence froa Hr. Foohey around October 3, 1988. He noted that the l_t paragraph of that letter notes: "Further. it "as stated th.t the retail operation would consist of less than 3°" of the gross floor area ot the stru-:ture, WhlIe I dId not approve thIs proposal, I telt that the ordInance "as sufflcient1y v~gue to allow addItional diøcu.aslon.8 He noted that he "rote to Hr. BagInski on January 4, 1989. respondlnq to the Iast paragraph ot that Ietter. He stated that he questioned "hether at soae poInt a retaIl operation at between O~ and 30~ would be acceptable, noting that he received no reply to his letter. Mr. Siesky stated that the- staff report eaphaslzes the çonaistency ot 118ing the Indu8trial Di8trict tor coapatlbIe uses, and iaplie. that there is nothIng but Industrial uses there. He indicated that he ~lieve. that at least halt of the uses in thIs DIstrIct include soae retail. He noted that the ordinance per.lts otflces as a princIpal use, notIng that none of "hich are classified as industrial. He noted that peraltted prIncIpal uses Includ~ auctIon houses, carpet and floor coverlng storage and InstallatIon (Including sales), glass and airror storage ar>d Installation (incIudlng sales). and tiIe storage and install.tlon (lncludlng sa¡es). He advised that the petitIoner's request Is that the County per.lt a "arehouslng operatIon of reclaiaed or second-hand artIcles, Including sales, just as the ordinance doe. Page 43 qt . ,--,__.__°,__"_,_"'-"'- '__'___0 " nBRUARY 28, 1989 tor other us... Be noted that he believe. that the requested use 1. not incoapatible in the subject area. ... C l-.l00er Goodnight lett at 6:40 P... ... Dr. Ifeno J. Spagna, PresIdent ot the Saint VIncent De Paul Soclety, stated that he "as not aware of thIs appeal until he saw it advertised In the paper. He advised that the Thritt Store is pre- Bently located at Airport Road and DavIs Boulevard. He noted that Saint VIncent De Paul Is now being sued to proceed Kith the conclusion of the saIe at the subject property. He Ittated that there "ere cer- tain things that "ere to be done as a condItIon of the sale, and the SocIety dId not teel that the c-eller li ved up to the coaaJt_nts. He indicated that when notice "as received that the use was not a per- .1tted USP "ithin the DIstrict, the Board of Directors voted to rescind the sale, and requested that the down payaent be returned. Mr. Slesky st'ited that this Board should set aside the 11 t Igatlon and the contIngent between the partIef'. He stated that Hr. Burland'. position Is that he Is "'1111n9 to participatorily repute the contract, notinq that once th1s happens, Hr. Burland does not have to perfor., bu t he ha.s to show that all condItIon. are perforaable. County Attorney Cuyler advIsed that the appeal is not "hether the percentage Is 20\ or 50\. He indIcated that the appeal is the letter that "- written to Saint Vincent De Paul. to Attorney CardIllo, by the Zonin<¡ DIrector, stating that up to 50\ 15 not allowable, and it 1. not a deteralnation at "hat 15 allowable by the Board. He Indi- cated that it Is a deter.lnat1on as to whether the Board is going to uphold the ZonIng DIrector's decIsion that up to 50" is not allowable. Mr. Slesky stated that he "iehes to address County Attorney Cuyler's posItion that the Board's decision 1s "hether or not to over- turn the Zoning Director's decisIon that 50" Is not per.i.sible. Be noted that he does not be11eve this Is a proper position because he 1. not &eking tor 5°", but .e~ely tor an accessory use, noting that he would be happy "1th 2°". He stated that he specifically asked Hr. 8&g~1 what percentage "ould be acceptable, and received no Page 44 qq -.--- ""',__."0-".'-.'."'---'--. '...'-,..., PEBRUAJ{Y 28, 1989 r e apon8e. There were no other speakers either for agaInst this petition. (' t -1~ ~ 80'9'84 , ~ by Co8&1-1.oDer ..... aDd carrieci 4./0, t.o c loee the pv.b 11 c bear 1Dg. County Attorney C~yIer stated that thIs appeaI Is that the Zonint¡ Director bas deter.ined that 40\-50\ retail use as part of a storage facility in an IndustrIal District is not appropriate, and cannot be conald.red an accessory use. He noted that in his opinion, the Zoning DIrector is "1 thIn his approprIate legal discretion In deteralnlng that the 40'-~0\ does not constitute accessory. Plann'-:.q Services Hanager BagInski stated that he also serves in the capacIty ot Zoning DIrector. He Indicated that the intent of the Induatrlal DIstrIct as described "ithln the ZonIng Ordinance, Is a DistrIct intended to protect resIdential and commercial uses and adja- cent industrial uses, and is to provide land for basic industrial uses Khich are not per.ltted in other ZonIng DistrIcts, Mr. Baqlnaki stated that tMO points co.pllcate the issue: 1. A fInal per.ltted use that states "any other intensive co.- _rclal, industrIal, or aanutacturlng use "hich Is co.parable in nature "Ith the foregoing uses and deemed to be coapatible "ithin the DIstrict." 2. "Other uses that are custoaarlly assocIated Kith uses per- .itted "ithln the District, including resale sales." Mr. BaginskI indicated that "hen he received the letter froB Saint Vincent De PauI, he suggested that a detailed descrlption be provided, of the retail area involved, and what "QuId be used tor specific pur- poses. He noted that subsequent discussions resuIted In the percen- tages of 29\-33\, contInually Increased, and he telt they "ere too high. He stated that the ter. "coapatlble" should be applied to the peraitted IndustriaI uses, and not "hat happens to be there. Co..issloner Shanahan stated that it appears that -ny of the tacilities In the area are al.ost excluslvely retail oriented. Co..issioner Volpe IndIcated that this Is the reason he requested a discussion relating to the zoning re-evaluation progra., par- ticularly as it relates to the IndustrIal Parks. He stated that there Page 45 )00 ."..,", ""-,-"".""..,,.,-,,-,~....._- """""'~--' FEBRUARY 28, 1989 are 1nstances ~re there are retail establishaents, and these uses are not accessory to an Industrial type use. ('.-f_J..-r Volpe ~, 88CODdecS by ec-laai0D8r ~re 8Dd carTJ.e4 6/0, that tb8 Plaan~/ZonLDg DIrector's ð8c1a1on be upheld. ..... &ecea8: 7:00 P.M. - LGou",....ed: 7:0& P.M. at td11ch u.- Daopaty Clerk hayon rtrplace4 Deputy Clerk Bott-.n ..... I t- .u nAn TO CC8& u.cz 011 8UrJtC1I 16, 1111 WID POSSIBL& SOLO"fI08 .-ITJI ...:$I'SC'f TO .1"œT ...-co USlDUTS aKGAIU>IH ZOUH Hr. Harold Vann, PresIdent of Port Harco Association, stated that hIs purpo.~ 1. to request an interpretation of the zoning ordinance In order to enable the residents of Port Harco to erect, replace, and or JlIter the exIstIng structures in Port Harco. He stated that Port Marco Is about 1.3 acres and is located on the northern end of Bald hgle Drive In OId Harco, adding that there are 16 aoblle hoses in Port Marco and they consist at trailers Kith porches and add1tions that have been built over the ye6rs. He noted that these are single- raal1y hoaes in an aduIt neIghborhood. He stated that these ho_s are not tor rent ar.d the land Is owned by Port Marco Associates "hlch "as incorporated In 1966 and the charter "as to operate a eobile hose park. 8e stated that this "as one ot the orIgInal settleaents on the isIand and predates any zoning by alsost SO years. He stated that this i. a vested project and the problea Is that they are currently zoned C-4 and C-S and are non-contoraing. He noted that they cannot enlarge, Intensity, extend or repIace any ot the exIstIng structures, adding that S08. of these structures are gettIng old. He stated that they have no interest to enIarge the boundarIes of Port Harco, they would .iaply like to isprove their hoses. He stated that he Is requesting that the BCC aake the InterpretatIon of the zonIng ordi- Dance in order for the resIdents of Port Harco to either replace, expand, or alter the existing structures wIth "hatever lislt"tiona the BeC "l.he.. He stated that "hat they are requestIng is cons1st..nt wIth Sectlon 2.1 ot the zonIng ordInance and In additIon, all 6 con- dition.a that are outlined under Sectlon 11.1.1 enables the Board to Page 46 }pl .'00 ----.---..-. -.,c.""..", ,...,....c--"-'-- ....,,--.. .-, -------, ,-.-- -- --- --'-'- -.-- FEBRUARY 28, 1989 grant a variance ... long as it is not contrary to the public inter.st. Co..issloner Hasse questioned it t:here is a way to grant such a thing, to which County Attorney Cuyler stated that there are proble.. "lth this, adding that the philosophy of the non-contor.ing use is that it eventualIy goes away and Is replaced Kith soaething that 1. conforaing with the DIstrict. He stated that "hatever is done has to be consistent Kith the relit at the County so that It does not cause proble- in other areas of the County. He noted that Staff would need to take a close look at thIs aatter. Planning Services Manager Baglnski stated that Staff is aware of this aatter and has been in co..unication Kith Hr. Vann for quite soae ti- and one of the reasons that he Is before the Board thIs date i. that Statt cannot provIde Hr. Vann an alternative, He noted that the ordInance states that non-confor.ities shall be alIowed to continue until they are voluntatily reaoved or reaoved as required by this ordinance. but the survival shall not be encouraged. He stated that under the ordInance there are certain llaitations that Staff is allowed to peralt and one of the. 1s the replaceaent or the repaIr of the unit up to 20' ot Its value at any given tlae. He noted that in ter- at the ordInance, over a perIod ot ti.e through attrition they are supposed to disappear and be replaced by the contoraing use as per that zonIng district. In answer to Co..issloner Volpe, Hr. BagInski stated that under the present zonIng cIass1flcation, this area "as Ilsted as urban and would allow a aaxi.ua at 4 units per acre, adding that thIs is part of the area to be considered under the re-evaIuation. Co..1ss1oner Saunders questIoned it it "ould be posslble to direct Staff to do the approprIate rezonIng and coaprehensive plan changes so that this piece of property "auld no longer be non-contoralng in teras of the resldential use, to whIch Hr. BaginskI stated that before Staff is prepared to do a rezoning the entire area has to be looked at and there i. hIgh density residentIal uses in the area as "ell ... existing co_rcial uses. He state" that even "ithout are-evaluation, he Page 47 J~"V ,.-"--"'-""-"-' ,_..._"..""-",,.,.. PEBRUARY 28, 1989 would have difficulty suggesting that aobile ho.es Kould be appropriate for this area. Co..lssio~r Saunders questioned Khy the Board cannot si.ply rezone this property, to Khich County Attorney CuyIer stated that Start looked into considering a PUD for this property, but it is too s_lI. Hr. BagInski stated that there are require.ents under the zonlng ordinance wIth regards to front footage and this property does not hav~ the suffIcient a.ount of tootage. Co8alssioner Volpe stated that the zonIng re-evaluation would revirw the area and deter.ine ;.f the C-4 and C-5 18 inappropriate for this particular Iocatlon, adding that a aobile hoae park say not be appropriate for this area, but Start needs to check further into thIs -tter. In ~r to Co..issloner Saunders, Mr. BaginskI stated that the coaprebensive plan Kould be restricted to a zoning claasitication that would allow a aaxi.ua of 4 units per acres and the aobile hoae distrlcts alIow conslderabIy .ore than that. He noted that durlng the evaluatIon of such a rezonIng, Khat Is in the immediate area would have to be taken Into consideration and there Is hIgh denslty residen- tIal dlstricts in this area. He noted that there say not be any juatlfication tor Staft to aalee a recoaaendatlon of approval to rezone this area for a aobile hoae district. Co..lssloner Shanahan stated that soae at these aobl1e hoses have been there tor 50 years and Start needs to find a Kay to accc88Odate the- people. Coaalssioner Saunders stated that he Kould suggest that Statt co- back Kith Kays that the Board can resolve thIs problea. County Manager Dorrll1 stated that Staff can provide the Board Kith. 11st of optIons, adding that none ot thea say be good. He stated that there are 80ae grave l.plications if the Board decides to establlsb non-contoralng uses. C t-.10C18r IIh..-ftAh.a., 80'9'84, 88C0Dde4 by CoaaJ..e1C11D8r ..... 8Dd hge .. }~~ ,----., . -, , --_.,-----,,-,.._-- ----- I'DmD &KY 2 8, len c.rrJ8A .'0. Ölat: 81:aft be d.ize.c1:8d. to CO88 b8c:k in b8o ..... with po88~ ~ DD heM th18 probl- could. be nt8O1ved. I t.88 .ec YIC'!8 YA,¡,88 TO PItOVID8 ADDITIOILI.L lJQ'OIIMA'I'I08 O. BIMSELI' AJI]) BIS ~A8'Y ft1O8 TO AJn' D&CISIOII UIJIO MADS BY 'I'D ace WIn DCU,~ '1'0 c.uIL& '" ~ ------ Hr. Victor Valdes, VIce President of WS-TV, Inc., representing the HispanIc co..unity at Collier County, stated that he is requestIng support tr08 the Board tor Iocal TV access for the hispanic coaaunity. He Indicat~ that thIs statIon would provide local news, advertIsing, job opportunitles, "eather and general inforaatlon as "ell as hispanic showø. He indicated that he has contacted Palaer Cablevision and has been retused access to theIr cabIe. He stated that he Is requesting that the Board help thea to receive access tram Palmer Cablevision. Mr. Jesus RIvero, Production Hanager of WS-TV, Inc., stated that WS-TV, Inc. is an Independent productlon coapany in Hiaai. He noted tMt they do a KeekIy prograa Kith deep investlQatlve reporting of \nternational and national interest to the coaaunlty. He noted that they would Ilk. to have their own productIon studio ln "aples "hich wIll have an InltiaI investaent of about $250,000, He noted that the prograaaing "iIl consist at daily news segaents, soap operas, public servIces, talk shows, aovles. gaae shows, and religious prograas. He Indlcat~ that all programalng "ill comply wIth tederal and state regulations. He stated that in the tuture, they would put up their own dish, ..xing it posslbIe to trans8it to PaImer Cablevision fro. theIr studIos, it and "hen a trequency is avallabIe. He stated that they should have the rights to state theIr thoughts and opinions and they are requ~sting that CoIlier County be given the opportunity to have a local hlspanlc TV statIon. He stated that he Is requestlng that they recoaaend same to Palmer Cablevislon. He Indicated that they ..t "Ith Palaer Cablevlsion a fe" weeks ago and also a p:~eP'Sred a letter And proposal to thea and receIved a negatIve response "lth regard.a to obtaIning acceßs. Co..i.sloner Volpe .tated that this is a determination that Palmer Page 49 Jot -----. """"".'-'----'-- FEBRUARY 28, 1989 Cablrviaion ha~ to sake. Co_is.ioner Saunders stated that it appear. that Mr. Valdes would like to transalt through Palaer Cablevislon and is asking that the Board aake arrangeaents tor hi. to do this. He noted that Palaer Cablrvlslon is regulated to the extent that a certain type ot service Is required and there is also an ordinance dealing Kith franchises as there i. co such thing as an exclu.ive franchi.e. In answer to Co..issloner Saunders, County Attorney Cuyler stated that he doe. cot feel that there is anythin7 that the Board can do with Pal..r Cablevision other than asklng thea to reconsider the request of Mr. Valdes. CO..i8sioner Saund~rs stated that the Board cannot Iegally tell Palaer Cablrvls1on that they have to supply access. He stated that be KOuId lIke Hr. Valdes to provide sore Inforaation about hiaself and his coapany before he sakes any decisIon on this satter. County Attorney Cuyler stated that he Kould be happy to review the ordinance and indicate exactly Khat authorIty the Board has under the ordinance and ther. Krite a letter with regard to saae. ('I f - ~ 8a1IDrSe re 8:J'V8d, 88CODdecS by CoaaJ . el 0D81' Volpe 8D4 carr!." 4/0, that 1Ir. VelMa supply 8)re 1n.to~tlon to the IkMard abaI8t ~1t 8Dd hl. C'OIIptmy .. ...11 .. the progr--f"9 tha1: wl11 be tel..,1.8ed ... it the Board i. ...tl.t led at that t1.ae wl th the iAtor- .. t J.aa. ÜI8T coald ask Pal-r Cabl8'Vl.1on to r'eC0t'181d08r the reqaes1:. I tea ....u -- &'PY- A8 .l88ICDI GUIDß I.1UJ DO' aD:DO TO CODIDOa JIUW,8D8II'1' ~-~~...~ eo..i.sloner Saunders indIcated that this Item would be continued tor one Keek due to the Iateness of the seeting-. Iu. .-at ~.. "-48 DKSICDLU'IJIO J.CQOISITIO8 OW .l.DDITIOIIAL JUGiIIT-oW-a.y BY 8zrr -.I. t:~"" I'Oa rJlAT S&OIIE8T OW D8ÐULD 1tO.I.D Ul-- U... U &lID C... III - ADOrTlW ---- ----, Public Works Adalnistrator Archibald stated that thl. is a request to approve a resolutIon which adopts a preliainary right-of-way &ap paqe &0 / )P ._~'"~-_..'"'- .....".,"'"'"...._,............"".. ..- FEBRUARY 28, 1989 WhIch will indIcate the addItional right-ot-way tor Iaaokalee Road bet_en u.s. U and C.R. 9~1. He stated that it allows staft to pur- sue SO88 advanced rlght-ot-Kay purchase tor that added ~O feet and also encourages developers to donate this ~O teet. C t-1aD8r -----hAft 8O'98d, eec;ODde4 by ec-l_1oaer ..... 8D4 earr~ ./0, that a..olutl00 '1-48 deelgD8tlng acqu1811:1on ot addi- t1aaa.l rip.t-ot-..y by g1t.: or parcha8le tor that eeg88Dt ot 1-*-1- ao.4 bet..-.- u.s. 41 &D4 C... 9tH be 8dopted. Page ~1 )0[, -'..--- ,.,w, , ,," ,"'" """"w,".. FEBRUARY 28, 1989 11:- ..2 n.&n ro CC88 ~ .-In J'VJIDIJIØ AL'tEJOLU'IVU I. on au WOIt STAR 8O.LD HI ftQI! g... 4 1 'to JU.JtCO I St.AIID HPO DIrector Perry stated that this is a discussion concerning the KPO 's r~est that the Board look Into the local fundIng options available to the County for State Road 951, adding that he is lookIng for directIon on how to proceed. Co..lssioner Shanahan stated that he Kould si.ply like staff to develop ~~ funding alternatives for the Board to consider. C t-1GD8T ~h.an 8OV8d, II4tCODded by Co8al.el0D8r ..... 8Dd carT~ 4/0, Ülat 8t:a1't be IaItborJ.zed. to prepare a t1Almc181 lIDLlya1a wl1:Ja tM ...1. of the MPO .taft aDd br.lDg f1m41Dg altarDa1:1vea b8c:k 1:0 (he ~ ot c.o.mty ec-J._l00ers. 'tape n I~-'-:1 ~.. -I" &lID s.u.u CO8Ta&C't gaa.pD1JfG J.CQOISITIO. O. ADDI'tIOJI&.L LA.8D IJI TD ".a~..UIAA POD COIOI&CT'KD .-In 'tIIJC COLLID COt1JI'rY .IlD.ICUL'I'UaAL rAn AJID DPOS I T1 08, HiC. - .£..OFIJruÇ on uu__.. -- Public ServIces Adalnlstrator O'DonneIl stated that he Kould suggest that this Itea be continued tor one week. I t- "JU L&AA "'--"'- """,..w_h WIn 1.8' n usooJtcu, IJIC. we. A 60 IIOft1I L&AS& pr-,: ... " . o. eu..ru -.r ~ ~ ..c.uu - Ar rrJJY LI.J Adainlstrative ServIces Adainlstrator Ochs stated that 1n Deceabar 1988, the Board authorIzed acquisItion of a DigitaI Vax 6220 coaputer and also tor statt to solIcit proposals tor tinancing th1s acquIsi- tion. Be noted that the finance co..lttee revIewed proposals froB rive fir.. on February 15, 1989, and reco_ended that a contract be negotIated KIth Lease Resources, Inc. under proposal option .1 which KOuld be to tinance the neK equlpaent and to continue the existing lea_/purchase for the balance ot 20 sooths with Digital. He stated that this 1s the reco_endatlon that he is requesting, noting that this KOuld ~ a 60 .onth lease Kith Lease Resources, Inc. Co..issloner Volpe questioned if thIs aeans that the newequlpaent KOuld be purchased fro. DigltaI and that equip.ent Kould be financed Page 62 \\\ --.--,' ,.-. -..--.--- .- --- FEBRUARY 28, 1989 Kith Lease Resources, Inc., to Khich Hr. Ochs repIled affiraatively. ~ f..1a8er Volpe 8OV8d, 84tCODded by C-i..1cmer ....... 8Dd ~1" ./0, u.at the le.../parc:ba8e agr.a_nt wi th Le88e 1Ie8oa.rce8, lac. tor a 10 -th l--/parcba8e ot CO8pa.ter hardware be ap..4'O....4. P.ge ð3 \\'71 "".,----"',~- FEBRUARY 28, 1989 It- ftWl SOLICXUn08 W 'nROI-ay P1tOPOSALS I'OK TO DKVKLOPMDT UD ~ ~ ""l108 œ rD GOL.DU 8& n: un 8OItTJI JU.PL&S, PBASK 1 DŒItØDCT nrn.ca ~~._CO8'!.IJIVD~_~_.- ---- Co..issioner Saunders Indicated that this Itea Kl1I be continued for one -ek. I 1:.88 ...1 -..- I'OI.ICT J'O8. nSCA.L~ 1190 - con'IJItJKÐ on lIEU Co..iasloner Saunders Indicated that this Ite. Kill be contInued tor one -.k. 11:.88 ~ ~V'"- & wrnI IO.M:I KICItO DATA, DC. J'O8. PItOJ'KCT .." JI M'Dwa R"X 8OftIIIoa8 P VW ~ - ~ UN AU OJQ lIEU Co..issioner Saunders stated that this ite. KilI be continued for one _ek. I~ .-a &ða""---...~ WID COA8T.I.L JDlGI.uJUJIG ~TAJITS, I_C. TO PIIOVIDK ADDxna8&I. SØVICD a&O.'\JU)IJIØ COLLID l,;UU.u BUCB -ooa.xa.aug,.T rnmY - Ar..._.,,- TechnicaI ServIces Supervisor Huber stated that part of the recoa- -ndation of th1s itea Is to authorize reduction in reserves to aake up the difference of the current budget, addlng that there is only $34.000 avallabIe and the rest of t:he budget is aade '¡P fro. a grant which is currentIy not In place. He indicated that he haa received a list ot authorIzed projects that have been recoamended by DNR to the Legislature and Included in that prIority lIsting is ColIier County for project planning studies in the aaount ot $225,000. He noted that there Is . good possIbIlity that the County wIll receive soae aoney. County Hanager Dorrill stated that the City has also agreed to contribute to the aid of this project as Kell, addIng that this Is beIng pursued as an Interlocal agree.ent. C-t...l0D8r Sh..an..ah..a., 8OV8d, 88Conded by C~1..10D8r ..... aDd carrJ.e4 ./0, that the Agr.-ut wIth Coa.8tal KDg1.Deering Coc8u1t8D1:8, lac. U» proY1d8 add..1tlon.al -rvlc- r898Zc1ing Collier CoaI:a1:y Beech IIo8.r . t HIt 8t11dy be approvec1 aDd the re88~ ot h.n4 301 be redace4. Page a4 I,i "- .-- "'..,........,..-..-..-...--..-,- .- FEBRUARY 28, 1989 I ba .... &ð8.........--x IUD COASTAL DGY"""'Y)Ig COIISULTA8TS, I.C. TO I'1tOVIDK rIJI&.L PAZ- SDVICU woa M.IJI'rD.UCZ E8KÐGZJIQ O. WIGGIn PASS - A..PPtb')\oau County Manager DorriJl stated that this is to prepare the final constructIon docUAents and specifIcations ~n that there "ill be a better understanding of "hat the project construction cost "ill be relative to PSklng the tlnanclaI decisions as to how the County "111 pay for this or what various .ethods of funding wiIl be used. Co..ls.loner Volpe questIoned how such .oney is owed to the County by the Wiggins Pass Conservancy, to "hich Mr. Huber stated that the 8Oney is actually owed to Coastal Engineering in the aaount of $9,048.00, addIng that he is in receipt of a check in that aaount pending approvaI of thIs itea. ~ .-1.a8Iøo --......., 8D9'84, -.c;0Ðded by Co8a.1-1 aD8r ..... 8Dd carr~ ./0, tM~ the egr.~t wIth Coa8tal EDg1.neer.lDg Coa8u11:aDt8, lac. bÞ ....,w1.de tiDal de81gD ..rvlC88 tor 881n1:enanc:e dredg1Dg ot .198 ~ .... - ..,.. 0 v ..d. Page fI& 41 "0-0." --, """""'_'-""'" ..._--------- FEBRUARY 28, 1989 I tea ft 1.&.1 a2 8CQ.-.. - ~.¿. II-Ill/Ill; 11-12.; 11-130/132 - ~au C t-.1aDer --""""1 8D'98d, eec0nde4 by Co8aJ._lcmoer ....- 8Dd carr~ #./0. tbat -..sg.t "-,..t-.,,t8 11-111/111; 19-12#.; aDd 19-130/112 .. 8IIIIo8pte4. I~ ft1.U 14J_.. n ""'1""T ~O8 11-12 - ADurzau (' '...ú88r --- 8D'98d, ~ by Co8aJ.-I0D8r ShaD&b8D 8Dd carr~ #'/0, that 8adge1: "~. "~t Jte8o1u1:1on 81-12 be adopted. Page IUS j!(, ""'~""""""""""'-""'-""- ---......,........,., FEBRUARY 28, 1989 It- n2..\ ~G8 "'U DTABLISIIDIG A WULL SDVICK SATnLIR ORICK roa TO TAX -- r ~ 08 JU.aCO ¡aLAII'D - A.DOP'TKD Co..18sioner Shanahan stated that this is a resolutIon to identity the tact that the Tax Collector "auld lIke to open a saall tacility to 8erve Marco Island and In the event there is any need for funding bet- ween now and then, thIs will alIow hI. to do so and "ilI also allow hia to set up a prograa Kith Tallahassee where they "ill provide all the coaputer equipaent necessary to handle this functIon. He noted that it has to be done this Kay for the State to provIde the equipaent to do the job. I n aJl.8We r to Co..lssioner Hasse, County H~nager Dorrill stated that thIs f ac ility Is the foraer Harco LIbrary and there "ill be so- renovation costs that "111 have to be evaluated because the Clerk's Ofl'ice and the Supervisor of ElectIons has also expressed an interest In it .s well as retaining the balance of t~.," ;~ulIding tor a colIJIUnl ty aee t ing rooa. He noted that Statf "ill have t.-... return to the Board "ith the costs. Co..issioner Shanahan stated that the Post 01'tice has also expressed an interest In rentlng part of the facilIty as a branch ol'l'lce. (" t -1oaer ..... 80'9'84, 88CODded by ec-iaaiooer 8~Nn:a aDd carried 6/0, that 1te8o1utloa. '~41 _t:ablla!Ung a full _rvic:e _bUlb ottlc:e tor the Tax Collec1:o~ on llarco Island - adopted. Page ð7 J{~ ",-' ."...,.."....."".""",.- FEBRUARY 28, 1989 I 1:88 ftD I88CO ,.... a- 8QOA~ O. rD CIVIL AI. PA'rJtOL US. 00 PKJIIIX'f na - 8U'V8 - -.-" C'.- i -1..-r ..... 80'9'84, eec:cmd8<1 by ec-laaiooer ~.._haro 8Dd carr184 4./0, that the Marco IslaDd Sqaadron of the CIvil Alr Pa1:rol 8n.00 .-za1t t- be ..lved. I 1:88 4J12C DI~IC8 ~-J;&u 011 ZOJrIJIQ U-KVALOA'tIO8 PtOGJl.AM - COJITDIOKD OD -.a: Co..issioner Volpe stated that this aatter has coae up t"lce and SO88 etforts need to be concentrated on the re-evaluatlon ot industrIal parks. He indicated that this satter could be continued for one _ek. 11:88 .1a&. ~C8 .... rD IoU ~.......'X' CODISCA'tIO8 't8U8'f wmm 't'O ~a.- T8.A T~ DOGS AJI1) nov:tDJ: WOK nA~-~~ - A.rll""""" &Þ C' t ...100e-r ...- 8OV8'C1, -.coa4ed by CO8aia.iooer IhaftAhan aDd carr 1ecI 4./ 0, tha1: the approprIation ot tan48 tros the L8f bforC888Dt CaGf1acat1oa TnuJ1: Fund to ¡mrcu- tra.1ned ðoqa and, provide tor 1:r~ ~1..... be &¡.p.l"Oved, - ..11 - the approprla1:. badge1: a88D4- _ta. ..... C f - 1oDer ..... 8IOY8d, ~ by Co8a1..icmer ~r. IIIIId card." 4./ 0, that the tollowing 1 t... on the Con8eDt ~ be ~J.Q~.4 8Dd or aðopted: It- .1U1 WDI&.Io I'Lo\'t O. ItO'lAL 8'OOD GOLW AJI1) cuu.'X.U' CLOB, t1J( I 't TDD - St18.1'&C"t 't'O .-r 1..r1n..& "'I 0118 1. That the tlnal plat not be recorded until the required lapro- veaents have been constructed and accepted or untIl approved security Is received tor the uncompleted iaproveaent. and that constructIon shall be coapleted "ithin 36 aonths of the date of thIs approval. 2. That a street lighting plan is .ubaltted for revlew and approval by Project Review Services prior to .tart ot construction. 3. That the UtlIlties Pertoraance Bond requIred pursuant to Ordinance 88-16 be "alved (this work will be covered by aain- tenance security to be provIded by the Developer pursuant to Ordinance 76-6) and that a aaintenance security tor ten (10) pfO.rcent of the totaI cost of construction ot all intrastruc- ture i8prove8entfi (water, sewer, road and drainage) be pro- vlded on coapletlon and prelialnary acceptance ot the project by the County, tor a period ot one year, Page 58 Jflg ,-~_._~,.- -, , .. 'oO"".""""" FEBRUARY 28, 1989 I~ n6oU ,..... - oL- WID ~Y-COOU ASSOCUru, IJfC. AJID TIJID&L&-oLIVD ASSC:ICU%U '. - pIC. TO DSUU JIO.-I~ WIn çOUJlTT DCP1Äl'UU See Pages ~~J - II ,~ - It- .1Ul 1oCCØ'TA8:& or ~.uuJo\,."'TIO. OW SU KAJtCO JtO.I.D AJID U. J. U WIDDZJrGI AS ~ -8"3 APAC-J'LQaIDA, IJIC. AJID nJl:AL .A~. TO PIØ See Pages ~~-~. I .... ~-9- I~ nØ2 aI8r œ 8Y ."'.1....-;1' TO SU'PPLDIDT PZLICU BAY 800LKVAaD aI8II'!'-oJ'-MY ... .... ..... X8 œ ..... See Pages -~- .JJ. I - ~J ' .3 I~ #1~1 811) ""-13" '1'0 IIAPI.&8 auT-ALL a s.u.a co., I.C I. TD .uKJUJrT OW ~.." rea C88 raACTOa WID ATTAt..--oL5 Legal notIce having been pubIished in the HapIes Daily Ne"s on January 25. 1989, as evIdenced by AffidavIt of PubIlcatlon tiIed Kith the Clerk, bids "ere receIved until 2;30 P.H. February 8, 1989, tor BId .88-1359 to purchase one (1) tractor "lth attachaents. I~ n¿D2 811) ....-1303 '1'0 LoUC8O1I COIlPOUTIO. I. TD »IOt1JIT or U, 863 I'OIt TO ~ - or 08Z CDTaI I"OGAL 8LOWD Legal notice havlng been published in the NapIes Dally MeKS on January 18, 1989, as evIdenced by Atfidavit ot PubIication tiled Kith the Clerk, bIds "ere received until 2:30 P.H.. February 1, 1989, tor Bid .88-1353 tor the purchase ot one centritugal blower. I~n~ ~ OJ' _rat AJID sara WACILITIES I"Oa COACH BODS OW ~Jf.lU ~L"Þ~u I &811. azeoaDATIO8 or ~D DOC~¡I See OR Book l~ Pages 1902=lJý~ I~ .1Ø¿ ~ OW IU.rat AJID SKXD WACILITIES PO. Cuu..lu$ID&, 'I'Il.&Cr I) .IJrD Uo-"I".-TI,08 or .t.PI"aOnzAD- ~d See OR Book 1420, Pages 1884-1901 I~ .1¿D6 ACCD"U8:Z OW lIArD AJID sara WACILITIU we. COu.nU'SID&, 'I'Il.&Cr '7 .IJrD pSf?Nnœ or APnOPIlUD DOCu-.¡1 - See OR Book;~ Pages 1159-1176 Page 69 Jill --"..-- ...q,...." .."""",.".."" ' ..".. FEBRUARY 28, 1989 , It88A6IU ~C18 1--" II:8"U.Bt.ISll'XM TWO ... PAT PLU nTLU See Pages --.I, 3- 13. I~~. 9 It:- .14&2 PØ8L.X C ... ... r- DAD I U woa IIUtCB 7, UIt, TO COnIDa UlluK.lJN TO ~ or PØllLIC COIIVDXEJICK UD ImCDSITY AJtUtDIa) TO TK:LLœ CAB or JrAPS.Ø. IX.. CLASSY u,n. UD øm.rcoAST r.~~.. SDVICK It- n~ PVIIL.IC ... .. . T" DAD art woa IIUtCB 7, 1 U . TO con I DD .uu..aJ) DIG A ~.u....r.CAD CW PØllLIC COWV3IDCK UD JrECZSSITT TO n..oa.IDA PU.SC1IOOLS, IJIC. DIll A ~dT CAB CO., YKLLOIf CAB O. IL\PLU, I.e., CLUSY 'l'AXI AIm ~ LDmVSID SDVICK It- .1¿&4 ~ ~ COII'T1&Cf "11-1017 Jr.A1:&a11&D unIt MAY I, UI. .-In MPI.88 8D8IDaS &QOIPM8Jr'f UD BOSIJlUS ICAC1IID SALU woa TO TO'U.I. ~ JIO'f TO DCKKD-'.!J! 464. 8Q_- See Pages (, :3 - C! . 1___,- I~ n6&a lID ~ "1-1220 ""'--.u .-In AlaPOKT 'fiB &Ç SDVI~...:r;.... It- n¿&8 CC8TIt.IIC'T rea ftØUA'I'IOII O. ItU.L ~AT& APPLUULS, I. lIurr1o.Q(1: O. UGIIIT-W-tRT ACQUISI'I'IOII OJ( \,;UU.x:r ItOAD C-SUU (noM us - 4 1 IIOIt'I'JI TO U"l"f'rP--- .",~ ItOAD), TO COASTAL DGIJIKD..IJfG COJISUL'I'.urrs, I:WC. I. Ta AI8UÇ~ -'J~~~-- -- -------- ------ ". See Pages __._3- 7). j- D.¥'- 11:- .1~ ~'-Y-7XO8 O. ~ r.u.s& .-In TO 8VDGLADU rLTIJIG CLOI UD ~:r; 108 -9,,~-~ &lm~~'I' .In ~I.D ~~ _I. TO ~ o. '600 See Pages ,,-b-:3~¡£-~ ~£~"jl -- It- "14&8 8m "'-1 a4¿ , TO .. & . D . COJr'l'1AC'l'OltS WO. I. SØAG8 OJlIJlDD POIII' TO n ~ IJI t'D DI~AItGK *:rznUl O. BUILDIIIG -;]-. I . TD .I.IIOUJI'I' O. m.... tOO "'------ Leg~l notice havIng been publi8hed in ~he Naples Daily News on Deceaber 9, 1988, as evidenced by Attidavlt at Publication tiled with the Clerk, bids were received until 2:30 P.H., Deceaber 28, 1988, tor Bld 688-1344. tor a sewage grinder to be installed In the d18charge -v.tea ot BuildIng ~.J~. It88 n... -.. t TO 8m ~ ".-12'19 WO. C1IDIIC&L8 P'aOVID&D BY ~ ~ , ~ ~ &11'1' AlII» ~ JI.I LL c.xu PRO DOCTS Page 60 J(,'V ., .."""", "."..-"-""--'---- """--'-"'-. - FEBRUARY 28, 1989 It- n~o WULL _i~ -:¡---..-r O. ULOCATIO8 &.U'IUI::sU J'OJ( 'fD .~ SDVICa ~ ..... ~.......cr BDLIL SDVICU DIUCTOR 11:- nUl . ""- . .. nJa.D z.x~II("~.IP U1'1QD ---.aRC. IamIc.u. SKrnCD .um at.. f'( 81. 'IT COI..I.AZ See Pages 63-r. 1- F.f- I~ n..l n.r_~ " - . rx WJ:TJI 'fD 8OUTJI J'LORZD& WArD 1U_.aqaautr DIS"l1UCT ~T~ ~tT1Qt ~..u TO Jt&GO'I.An 'fD COlhtuUl\.T~O8, JtDADt A.8D aaa-q ~ M...-IIT - OW ~. ØT.r ~ ...!~.Ou~. COL!o_I.g eoua"I -, See PèSges ~ - ..11. L~,~...5 - Iu. .1M2 .IIrI8II8%n TD ",,"-u,sa J'OJ( 81fSOlÆa nJIt JaH8R- roa %:1m SOt.ß) IU.8D ..- .. 4D'rX.8CI8Y COI8a TI:g Iu. n4I1 CD:ttnc&.ru OW '"'QIDtU"'fIO. TO T1tI TU IWLLS U PRUa.;¡-AU BY TD ra.-- - .. Al'l'Jt.&.ISD' S OrFI CZ 1988 TANGIBLE PERSO"AL PROPERTY 1988-76/79 2/14/89 - 2/16/89 I~ nUJ mrP8.a. u.u T:18 roa I8IA n 180. Un;, Iu. n4U ~088 ow LI~ l'Oa SUVA-CD O. TO PO'8I.IC D_-uaa See Pages -' .3 - H. I - /18 9 ltea n41 IU-.r r &"" ... ~J!I.POIIu~& - nLaD A.8D/oa a...,paKD There being no turther objections, the ChaIr directed that the followlng correspondence be filed and/or referred to the various departaents as indicated belo"; 1. Received 02/15/89 notice of Heari~¡ regardIng Crossland Savings, FSB, Plalntiff, va. Arthur H. Roberts, et aI, Defendants. Case "0. 88-U15-CA-01. Referred to Ken Cuyler and t lled. 2. Letter dated 2/14/89 froa Thoaas G. Pelham, DCA, enclosing Hotlce of Proposed Ruleaak1ng for Rule Chapter 9,J-24, FL Adainlstrative Code, Procedures and CrIteria tor Review Qf Local Governaent Land Developaent Regulations and the Hotlce ot Proposed Ruleaaking tor aaendments to RuIe Chapter 9,J-5, PIorida Adalnistrative Code. Reterred to BCC, Hell Dorr1l1, To. Olliff, Charles Gauthier and fIled. Page 61 ) (J~ , ..."_..".."".,..,,.,_.,..._,-, '..m ". ..,.., ---..., FEBRUARY 28, 1989 3. Meao dated 02/08/89 froB Lewis O. Burnside, Jr., Director, Division ot Housing and CoRW~nity Develop..nt, DCA, attaching fora to be co.pleted and returned by 02/21/89 re Fair Housing Actions. Referred to "e11 Dorrl1 I , To. Olliff, Russell Shreeve and tiled. 4. Letter dated 02/15/89 froB Tho_- G. Pelham, Chairaan, State Eaergency Response Co..isslon for Hazardous Haterials, DCA, encIoslng the Federal Suoerfund Amendments and ReauthorIzation Act (SARA), T it Ie III to be completed and returned. Referred to NeiI Dorrll1, Bill Lorenz, Jay Reardon and t lled. 5. Letter dated 01/27/89 froB Roger Evans and Dr. Jane polkowski, HRS, enclosIng the Collier County Public Health Unit 4th Quarter Report. Filed. 6. MotIon to Intervene received 2/17/89 troa Land and Water Adjudicatory Co..ission regarding Developaent Order Issued by Collier County approvIng DRI known as Cltygate Co...rce Park DeveIopaent. xc: lIe 11 Dorrill; To. 01 11ff; Ken Cuyler; and FiIed. 7. Received 2/21/89 Notice at Intoraal Conterence troa Land and Water AdjudIcatory Co..isslon regardIng Resolutlon Ho. 88-309 and Ordinance 88-93 of ColIler County, the Developaent Order tor Cltygate Coaaerce Park DRI, returned pursuant to Chapter 380, Florida Statutes. xc: Neil Dorrill; To. Olliff; Ken Cuyler; and Piled. 8. Minutes receiv~d and tiled: A. 01/17/89 - laaokalee Lighting & BeautIfication Advlsory Co..ittee and 02/21/89 Agenda B. 12/08/88 and 02/02/89 - CJIS Hanageaent Council C. 12/01/88 Pocket of Poverty Review Coaaittee 9. Letter dated 2/10/89 froB Joan D. Owens, Asslstant DIrector, Mosquito Control Distrlct, enclosing Annual Financlal Report for year ended Septeaber 30, 1988 and other docuaents to coaplete filing requirements tor 1988/89 budget. xc: Filed. 10. 02/15/89 notice froB PhoenIx Architectural Metals, Inc. advising that they furnIshed servIces or aaterlals for iapro- veaents to the East HapIes LIbrary under an order gIven by Cornerstone General Contractors. xc: Neil Dorrill; HIke Arnold; SkIp Caap; and Filed. 11. 02/17/89 notice from Berkel and Coapany ContJ" Inc., advIsIng that they furnIshed services or aaterials tro Collier County HeaIth and Services Building under an order gIven by Carlson Corp/Southeast 89204. xc: Neil Dorr1l1; Hike Arnold; SkIp Camp; and Filed. 12. Received 1/23/89 FIorlda Ad Valorem Valuations and Tax Data 1988, Dept. at Revenue. xc: acc: Filed. 13. 2/14/89 aeaorandua fro. Sheritf Don Hunter attaching report of activIty "Ithin the Contiacatlon Trust Fund. xc: Lor! Zalka; F lled. .... There being no turther business tor the Good of the County, the ..eting was adjourned by Order of the Chair - Tiae: 8:10 P.M. Page 62 JlI( ..---. -" ..-.. , --,,'.......,..-...-, ..-..-....--".-, FEBRUARY 28, 1989 BOARD OJ' COU1fTY COMMISSIOnRS/ BOARD OF ZORrRO APPEALS/EX OJ'FICIO GOVERRIRG BOARD(S) OF SPECIAL DISTRICTS URDER ITS COKTROL { /k! ¿HAIRHU ('. ATTZST: ,/ .J~ C. GILES. CÚRJC M , .-, 'f~<:,- >ø~ > ¡J!' - J,4{/~ These 81nutea approved by the Board on .. pr_nted L--- or as corrected Page 63 /' 'fJ~ ,--