BCC Minutes 01/04/1989 S
Naples, Florida, .January 4, 1989
LET IT BE REMEMBERED, that the Board of County Co..issioners in
and for the County of Collier, ~nd also acting 8S the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted bu.ine..
herein, aet on this date at 1:00 P.M. in SPECIAL SESSIe. in Building
"r" of the Government Complex, East Naples, Florida, with the
following aeabers present:
CHAIRMAJt: Burt L. Saunders
VIC!-CHAIRMA1f: Max A. Hasse, .Jr.
Richard S. S hanahan
Michael .J. Volpe
Anne Goodnight
ALSO PRESEJf!: Ellie Hoft_n, Deputy Clerk; Heil Dorrill, County
Manager; Toa OUiff, Acting Co-.unity Development Adainistrator; :lCen
Cuyler, County Attorney; Marjorie Student, Assistant County Attorney;
To. Crandall, Utilities Administrator; George Archibald, Public Morlts
AdJIinistrator; Kevin O'Donnell, Public Services Administrator; .Jane
PitzpatrJ clt , Growth Management Director; Michael Arnold, A.sistant
Utilities Adainistrator; Charles Gauthier, Comprehensive Planning
Manager; William Laverty, Growth Management Planner; Wil11am Lorenz,
Environaental Resources Management Supervisor; Jeff Perry, Chief
Tr&n8pOrtation Planner; Robert Wiley, Growth Management Engineer; lCen
Pineau, Eaergency Manageaent Director; and Nancy Israelaon,
AdJIiniatrative As8istant to the Board.
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JAJroARY 4, 1989
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Legal notice having been publi.hed in the Naples Daily News on
Deceaber 30, 1988, as evidenced by Aftidavit of Publication filed with
the Clerlt, public hearing wa. opened to consider recoaaendations for
the adoption of the Collier County Growth Management Plan.
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M8JIÐA - ... i-~" &.II ,A.I AR&II UIW
C t..1.aoer --- aoved, 8eÇ0Dde4 by eo-iaaiooer 8hanahaft aDd
carrI- ....-.t......ly, that the 84jI'8Dd.a be çprOV1td. with the followIng
~t
I~ 3. - 1Ioa81.Dg Ueaent aoved to It.. c.
~¡-.¿0Ir
Ca8ai..ioner Saunders stated that he wished to thanlt Staff and the
citizen8 who participated in the development of the Comprehensive
Plan. Be noted that it has talten two years to get to this point, and
that the docuaent that is to be reviewed and approved i. one of the
aoat iaportant prepared by Collier County Staff in this decade. He
indicated that it is impossible to recognize everyone who participated
in the preparation of the Plan, but he would like to thank in par-
tlcularly, Mrs. Fitzpatrick and Mr. Gauthier tor their hard work. Be
noted that other aajor contributors are Messrs. OU1tf, Perry, Lorenz, .?
Archibald, Boldt, Wiley, Arnold, Laverty, Crawford, Loubier,
O'Donnell, Blanchard, Pettrow, Dombrowski, Milk. Lee, McDaniel,
BlUing., Pineau, Dr. Proffitt, Mrs. Jones, Mrs. SlIIith, Ms. Student,
and other members who helped to write the Conservation Eleaent are Dr.
Benedict, Messrs. Beardsley, Thoealte, Varnadoe, Long1lire, and Land.
Growth Manageaent Director Fitzpatrlck advised that the Growth
Manageaent Plan was prepared in accordance with the requirements of
Chapter 163, Florida Statutes, and Rule 9.10, Florida Adaini.trative
Code. She indicated that the Plan i. a result of a aignificant aaount
of public involvement: beginning in February, 1981, the 25 -aber
Citizens Advisory Co..ittee held 154 full co..ittee and subco..ittee
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JANUARY 4, 1989
aeetinge which were opened to the public; the Collier County Planning
Co..i.sion held 23 advertised worltshops and public hearings; and the
Board of County Coaaissioners held ~1 workshops and public hearlngs.
In addition, .he noted that the Board-appointed Conservation and
Coastal Manageaent Ad Hoc Co..ittee met a total of 20 times. She
advised that tonight's public hearing is the 218th public hearing on
the Growth Manageaent Plan.
Mrs. Fitzpatrick advised that within ~ days of adoption ot the
Plan, it .u.t be submitted to the Departaent of Community Atfair8 for
thelr official determination of coapllance with the Growth Management
Act. She noted that DCA then has 4~ days to determine compliance.
FinaUy, she indicated that by August 1, 1989, Collier County must
adopt Land Developaent Regulations consistent with the newly adopted
Plan. She advised that Collier County will have the opportunity to
aaend the Growth Manageaent Plan through a foraal public hearing pro-
c..s, up to two times per year. She noted that according to the
Growth Management Act, the County is required to aaend the Capital
Iaproveaent Element once per year, in order to update the tacility
lnventory, expenditures and revenues, and make any other changes
necessary to the Five Year Scheduled Projects. She lndlcated that the
development ot the Plan will be an on-going process, as the data and
analy.i. will be updated, and prograas will be implemented, a. ~
outllned in the Goals, Objectives and Policies to be adopted tonight.
Mrs. Fitzpatrick referred to the agenda package, notlng '-:hat it
lncludes the Monitoring and Evaluation Pr~cedures which were approved
by the Board ot County Coaaissioners last July, all the GOP'. as they
were reviewed by the Board in the workshop last week, and any changes
to the August 1, 1988 document have been lndicated with strikeouts and
underline.. She noted that there is also a complete Capital
Iaproveaent Element, including the 5 Year Schedule of Projects, and
the implementation programs which must also be adopted.
na... d%Z08 8'1 _. JtO8D'1' DDJrIS or 'I'D J'LOJtIDA DIEPAJtYka.wI' or
0<- IU T1' AnUU
Mr. Robert Dennis or the Departaent ot Colllmun1ty Atfairs in
Tallahassee read and submitted for the record, a copy of . letter from
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.JAJroARY 4, 1989
Mr. Paul R. Bradsh_, Director, Division of Resource Planning and
Manage_n t, DCA, which states that the Department's representative is
to participate in this evening's public hearing, and that he is
authorized to restate their position, as expressed in the Noveaber 10,
1988, Objections, Recoaaendations and Coaaents Report.
Mr. DennIs stated that on behalf ot the Department of Coaaunity
Affairs, he wished to co..end the Board of County Co..issioners, the
Planning Coaai.sion, the Citizens Advisory Committee, Staff and all
citizena who co..itted their hard work in participation ot the deve-
10p8eDt of the Comprehensive Plan. He indicated that he and DCA are
loolting forward to a good working relationship with the County in the
final adoption of the Plan. He noted that he will be available to
answer any questions throughout the evening.
Coaais.ioner Saunders stated that it is possible that the adoption
hearing will be continued to next Tuesday for preparation of the ordl-
nance approving the Plan.
County Attorney Cuyler advised that the Comprehensive Plan will be
in ordinance form, and becomes effective upon receipt at NotIce tram
the Secretary of State's OffIce, that it has been tiled. He noted
that it must be filed within 10 days of adoption, and Notice wIll be
shortly thereafter. .r
8ClV8x. ..,. -
Mrs. Fitzpatrick advised that there have been no changes to this
El...nt .lnce the workshop on December 28, 1988, and noted that there
will be no Staff presentation.
Father Isaia Birollo, Pastor of Our Lady of Guadalupe Church ~n
1880ltal.e, stated that he is speaking as President of CURE of Collier
Coun ty. He noted that &any of the .embers are atfected by laclt of
affordable housing, and substandard conditions. He note~ that aany
have to drive 80 ailea or more, round trip to get to service jobs in
the County'. hotels and restaurants, and aany of the far. worlter. are
crowded into brolten-down mobile homes and are paying high rents
becauae at the shortage or alternative housing. He indicated that
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JAJroARY 4, 1989
t..1l1.. are continually coalng to hls church, and aslting help in
obtaining hanGing, noting that at t illes, the church parlting lot turns
out to be the hoe. for some of these people who have nowhere to live,
but their old cars. He stated that he is in support of the proposed
Housing !lnaent, and urged the Board of County Co..issloners to adopt
s.....
Pather Birollo suggested ways to encourage public and private finan-
cial support for Affordable Housing alternatives:
1. As part of the County's Reinvestaent Act Coaaitllent, banks
should be encouraged to set aside funds tor a loan or
aortgage pool to construct or rehabilitate affordable housing.
2. Mew developers could be required to construct affordable
units or contribute to the Housing Trust Fund as a condition
of development approval. Collier County should investigate
whether voluntary incentives, such as density bonuses,
actually provide atfordable units. If they do not, the
County should require new developers to provide affordable
units. Should State authorization for a local government
ordinance be determined to be necessary, the County should
lobby for such authority from the State Legislature.
3. Continue to advocate for state-wide enabling legislation, so
that Collier County can adopt a real estate transfer tax to
provide a dedicated revenue stream to the propo~~d housing
trust fund.
rather Birollo referred to Objective 1.2, noting that a relocation
progr- 1s to be implemented in 1989, for persons displaced because of
governaent action. He indicated that with the eminent passage of the
proposed Bouelng Codes for the County, there will be dieplaceaent for ~
aany persons who are now housed in substandard units. He stated that
it 1. critical that the Board ot County Coamissioners toresee the
iapact of thls Code's enforcellent. Because of seasonal overcrowding
be questloned whether the enforcement could be stressed during the
waaaer aonths when there possibly would ~e alternative housing. He
indlcated that no aatter when the enforcement occurs, affordable
bousing alternatives are needed to help in the relocation of dleplaced
f_il1e..
Father Birollo referred to Objective 1. ð, which states that the total
nuaber ot at fordable housing units shall be increased by 1994, and
questioned whether the County could talte immediate steps for the expe-
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JANUARY 4, 1989
ditioua processing ot Development Orders and peralta for developers of
Low Incoae Housing? He further questioned whether an ordlnance could
be adopted to provide economic relief in iapact tees for developers of
Low and Moder4te Incoae Housing?
In cancluslon, Father Birollo stated that he supports the HousIng
IU.-nt, and that he will be watching the Impleaentation of the
Boueing Plan in the future.
Coaaissloner Shanahan indicated that he commends Father Birollo,
and stated that he feels that Staff should look into the possibility
of aoving up the 199. date, in Objective 1.5.
Sister Pat Sieaen, Director of I..okalee Hon-Protit Housing,
stated that it has been her privilege to serve as Chairperson of the
Citizens Advlsory Group Subco..itte on Housing. She noted that as
this SUb-Ele.ent has gone through the various work shops, it has got-
ten stronger. She stated that she supports this Ele.ent. She
suggested the adoption of the Housing Code, and concurs with Father
Birl1lo suggestion that the initial laple.entation in I..oltalee be
during the 8U8aer .onths. She noted that there are a number of units
that would need to be looked at during the suaaer, when the units are
e.p ty, and would not cause displacement. ;'
Slster Sieaen stated that she supports Objective 1.0, and its
Policies. She indicated that it road impact fees, etc. will be
increased, she urges the Board of County Co..issioners to keep the
precedent that has been established tor those that are providing Low
Inca.. Hou8ing, or those that have co..itted tor a long perlod of
tI_. She noted that she supports the fast tracking ot per.its and
o.velop8ent Orders for those that will provide Low Incoae Ho~~ing.
She noted that she supports the Housing Trust Fund. She indicated
that there i8 a standard definition for those who work in the fields
regarding affordable housing: no taaily, either tenant, or ho8eOWDers
abould have to pay more than 30~-35~ ot their annual income on housing
costs.
Attorney Steve Pteiffer of Tallahassee, representing 1,000 Friends
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JANUARY 4, 1989
ot rlorlda, provided a wrltten report for the record. He stated that
he believes that the Goals, Objectlves, and Policies are excellent,
but they lack specificity and ti~e fraaes for implementation ot
prograas, which will aake development regulations dlfficult down the
road. He indicated that Page 31 of his report refers to suggestions
regarding Goals and Objectives, and noted that these may be considered
down the road for implementation of the Plan.
There were no other spealters.
0 f -.loaer ..... 1IOV8d, 88C:orIiðed by Co8a1ss1cmer ~Mm aDd
carr ieA t--Iy, to ......"'.."'. the ll.aa.8ing Eleaent.
rv¡~ W8D U8S
eo..issioner Volpe indicated that he wished to disclose that he
bas a 10~ beneficial interest in the Activity Center located at 1-75
and laaoltalee Road. He noted that the Co..ission on Ethics has
advised that there is no conflict in voting, and it is not necessary
for hia to disclose this aatter, but he stated that he felt it was
appropriate to do so. He asked County Attorney Cuyler whether he felt
that be should abstain from voting on that portion of the Eleaent?
Coun~ Attorney Cuyler advised that if there is financial benefit,
or appears to be financial benetit which would inure to Co..issioner
Volpe, he would suggest that he abstaln fro. voting. He stated that /'
he feels that the Activity Center in questlon should be broken out
froa the other ones at the time of the vote, but noted that he aay
participate in the discussions, and vote on the other Activity
Centers.
Comprehen.ive Planning Manager Gauthier stated that the ~acltage
that bas been provided includes the Future Land Use Element with
...ndaents suggested by Staff, the public, the Planning Co..is.ion, as
well.. the guidance received by the Board of County Co..issloners
l..t _It. He indicated that a copy of the revised Future Land Use
Map i. also included. He indicated that the most notable ot Staft's
reco...ndations, are those relating to the Urban Boundaries.
Mr. Gauthier noted that the recoaaendation for the C.R. 951 frlnge
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of land, 8outh of Alligator Alley, reaains to allow 1.5 units per
acre. Be noted that there is also spec1f1c water management language,
and the requireaent that any development be in the fora of a PUD.
Mr. Gauthier indicated that Start ls suggesting that the urban
tall .ection be put into a rural classification, allowing 1 unit per 5
acres.
Mr. Gauthier advised that he has also provided a aeao, dated
today, with ~o suggested revisions. He stated that the most notable
change refers to Activity Centers, and the 50% rule, add1ng that by
uslng guidance for a more adjustable approach, this rate aay be lower
or higher, based on consideration of a series of factors. Be noted
that the.. would be things that the applicant would have to
de8:m.8trate. In addition, he indicated that language is being
suggested that would require the applicant tor zoning wlthin an
Activity Center to demonstrate compatibility with neighbors in teras
of urban design; careful control over road impacts in teras of coor-
dinating access points to the road networlt; and coordinating off-site
traffic aoveaents with the neighboring projects. He stated that these
are being oftered as a substitute to the 50% rule wlthin Activity
Center.. He indicated that other than these changes, the !leaent i.
as discussed at the workshop last week. ~
Coaaissioner Goodnight stated that she has a problem with the
-tail., listed as Bird Rookery Swaap. She noted that she has tallted
with two of the landowners on the east side of Lake Trattord. She
indicated that Mr. Curry's property is in grove. and he 1s using the
area in -blue" a. the water retention area. She stated that the saae
for the Milli... property. in that, he is using the slough for the
water retention area. She noted that it the t1me comes when the State
wants to purchase these areas, they should be put on the list then,
aDd DOt at this t1ae.
Mr. Gauthler advised that the intent in showing lands to be
acquired, is to identity tor the benetit to the public, the status of
those lands. He indicated that all areas 1n "green" are either on the
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CA.RL list, the Save OUr Rlvers List, or involved in the Colller land
...p. He stated that land uses under the "blue" areas are still a.
allowed, 1 unit per 0 acres in most all areas. He noted that In the
8OUthern Golden Gate Estates area, the use will be 1 unit per 2-1/4
acre.. Be Indlcated that there are no special standards for develop-
aent in thee. areas. He stated that a note has been added to the aap
which indicates that these lists will be adjusted. He noted that 40~
of the 2,000 square ailes is owned by the public now, and heading for
the point of 60- owned. He indicated that tor the benefit of the
public, Staff is recoamending that these areas be illustrated.
Coaaissioner Goodnight stated that she has not been able to obtain
any evldence that anyone has shown an interest in purchasing this pro-
perty in the tail, co.ing down troa Lake Trafford.
County Manager Dorrill stated that there is a desire on the part
of Staff to identity somewhere within the Comprehensive Plan, lands
that have been designated for public acquisition, and he feels that it
i. a notable Objective and Policy that the Board ot County
Coaaissioners wl11 want to support. He Indicated that there is a con-
cern on the part of the land owners that by designating land. whlch
~e desired tor acquisition, but tor which no money has been /~
appropriated, that there is a sti~.
Mr. Gauthisr stated that the Future Land Use Map series includes 7
aaP8, noting that this is the key regulatory aap, adding that there is
also another that identifies natural resources.
Co..issioner Volpe stated that he believes this is aisleading,
becau.. it does indicate that, that is, in tact, the tuture land use
tor those areas. He noted that he teels that this lntoraatlon should
be noted on a aap, with a notation on the Future Land Use aap to
review the other aap.
Coaaissioner Saunders indicated that It there is a aap that shows
lands that are subject to potential State acquisition, all lands that
are on a 11st should be included.
Co8ai.sloner Volpe questioned whether Mr. Dennis could clarify
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.JAJroARY 4, 1989
this itea?
Mr. Dennl~ advised that he is not aware of any such instance in
any of the aap. that he has reviewed.
Coaalssioner Saunders stated that this is an issue that needs to
be resolved, and hopefully will be so done, after the public coaaent.
Coaaissioner Hasse advised that he is opposed to the corridor on
the e..t 81de of C.R. 901, adding that he does not belleve that
urbanizatlon is necessary.
Attorney George Varnadoe Indicated that he agrees with the land-
owner.. Be noted that he does not object to lands being on a aap for
intoraational purposes only, which would state that these are the
lande in Collier County that some public agency has on a list to
acquire. in the future, it they obtain funding.
Mr. George ~ller stated that he concurs with Mr. Varnadoe. He
indicated that there should be a notation in bold on the Future Land
U.. Map that states: "Please be advised that there is another aap
which will designate lands that will be subject to Federð! or State
acqul.ition."
Mr. P~er Budny of Coral Gables stated that he ls a real estate /t
appral..r, dealing in condeanation. He noted that it there 1. a
.tigaa to .oaeone's land, it is worth less. He indicated that if
the lands for acquisltion are to be listed on a separate aap, the
appropriate agency should also be listed.
Mr. Gary Beardsley stated that he concurs that the aap should
identlfy these parcels, and the agency that is identifying thee as
environaentally sensitive. He noted that if an agency of the State
has identified these areas as environmentally sensitive, it is wi th
good re..on. He noted that the State plan of the Natural Systeas and
Recreational Lands states that Florida shall protect and acquire uni-
que natural habitats and ecological systems, and restore thee to a
functional condition. He indicated that 935 Requirem.nts for Goa18,
Objectives and Policies, Policy 9 states that designation of environ-
8eDtally sensitlve land tor protection is based on locally determined
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.JANUARY 4, 1989
crlteria. Be stated that the envlronmentally sensitive lands need to
be sbown on the aap.
Mr. Elhanon Combs stated that he teels that the aaount of utl1i-
tie., rodways, etc. should be considered tirst, before any zoning i.
a.,plov.-d.
Attorney Donald Pickworth indicated that he is concerned about the
potential eftect of this type of mapping. He noted that a Land Use
Map 1. a key regulatory tool, and the identification ot lands, subject
to acquisition, should not be put on this type of lIIap. He stated that
he would suggest that any identification map be accoapanled by very
carefully worded text to indicate where these lands are, what agency
has 8Uggested Its acquisition, and the state of it.
Mr. David Land stated that even if aonies becallle available, the
1and8 that are on the various lists would be difterent from other
are_. Be noted that very often agriculture and wetlands are related,
and they cannot be separated. He indicated that it the map ls
correct, and looking at the lands that are environaentally sensitive
in the taU, some ot these are outside the slough. He stated that it
does not aalte sense to put together a aap in this aanner. He indi- /Z-
cated that hls recoaaendation would be to delete it totally, and in a
year froa now it could be added.
Mr. Rick Jaeger noted that he does not believe that anyone's
land that aay be acquired should appear on any list. He indicated
that this devaluates the ¡>roperty. He stated that it ls the realtor's
responslbility to advise that such property may be acqulred by a spe-
cit ic agency.
Dr. Marlt Benedict, re ~resen t ing the C..mservancy, 8tated that this
i. an i.sue that wa. discussed in preparing the 1983 map. He indi-
ca ted tha t it is necessary that there be sollie indication on the Future
Land Dee Map of which areas are environmentally sensitive, and what
are- have the potential to affect developlllent there in the future.
Be stated that there were two designations in the 1983 aap: a Coastal
Resource Manageaent and Recreation category that specitically iden-
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.J AJro ART ", 1989
tifled ~hose undeveloped naturally functioning barrler island,
aangrove and bay systems that were environmentally sensitlve. In
additlon, he noted that an overlay of County environaental concern was
inc I uc1ed.
Dr. Benedict indicated that the Citizens Ad Hoc Co..lttee for the
Coaatal and Cons.rvation has proposed that over the next 5 year.,
there will be a syste. developed of natural resource protection areas,
which will identity these areas. He noted that the problem i. what
will be done in the interim to indicate these environmentally sen-
8itlve are.. are shown on the Future Land Use Map. He noted that
t~.. areas need to be identified, and suggested the possibility of an
inforaatlonal overlay. He stated that he will be glad to assist in
any way he can.
Ccaaissioner Goodnight stated that all of the overflow water of
Lake Trafford runs into the slough and the Fahltahatchee Strand. She
noted that she believes the environaentally sensitive areas are talten
care of by the whlte and blaclt dots o~ the -p.
Mr. Olliff stated that the blaclt and white dots designated on the
-p will re-in, but suggested that the light green areas, which are /~
VUblic inforaation proposed for possible purchase, be put on the
enviroD8ental aap.
Co..issioner Shanahan stated that he ls in favor of deslgning a
-V.t.. that provides tor the information, and an overlay.
C i -.1oDer 90 I pe 1IOV8d, ..cODde4 by Coaai.sioner S"-"-~ 8Dd
carriell ~-i ~ly, tha~ the ruture Land 0- -p be ~ to dele-t.
t:IIIe8e ...... which appear in 88qU88 - 18Dd8 pr<)......-.ð for acqvi.itlOD
tor I I. ...t!ea., aDd designate tho8e are.. on the ..tura.t ae.o.arc..
.... -it:Ja . DOutt... that the li.t 18 81Ibjec1: to change, 8Dd the 88p
18 ... D8C fl1Ir1ly def.1nlt1va at what 1. on it.
~ 8o8DdarY - Commissioner Saunders questioned whether there is
any d..ire on the part of the Commission to _ke any changes to the
Orban Boundary, regarding property owned by Mr. & Mrs. Hahn, the pro-
perty east of C.R. 901, and the property on the East Trail?
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JAJroARY 4, 1989
Co8ai.sioner Volpe stated that denslty was discussed at the
worltabop, 8peclficølly 1.5 units per acre for the area running along
C.R. 9!H, and 1 unit per tive acres tor the "tail" area. He noted
that be is not clear on the distinction ot these two areas.
Mr. Gauthier noted that the area along C.R. 951 has &any wetlands,
ls a sensitive area, and one with water aanagement proble... Be indi-
cated that it wll1 only be suitable for lower residential densitie8.
Mr. Gauthler indicated that the "tall" section also has Kater
aanageaent proble.., but it will be suitable for .ore intenslfication,
after iaproveaents have been &ade to C.R. 951 and the Watershed Master
Plan baa been developed.
Mr. Gsuthier indicated that Statf believes that both area. should
be li.lted until the Watershed Master Plan is in place.
Coaaissioner Volpe stated that as he recalls, the origlnal
Co8preheneive Plan was sub.itted to DCA wlth a density of 0-4, and the
rec.., ndat1on fro. the CCPe was different.
Coaaissioner Shanahan noted that those areas are contiguous, and
there is soae development. He indicated that the dlrection fro. the lý
cepe w- that both of these areas be treated the saae, 3: 1. He stated
"hat there should be consistency, but if a change in the pattern
occurs, there should be a good reason and explanation.
Coaaissioner Hasse stated that he concurs with 1 unit per 6 acres,
untll such tiae that all improvements are completed.
Mr. George J::el1er 1ndicated that the Belle Meade watershed
problem is not resolved. He stated that Development Orders require
that water be retained on the applicant's property, but noted that a
POD was recently approved that will be pushing the water to the east.
Øe notltd that there are also flooding probleas at SouthKinds Mobile
Bo8e Parlt. Be suggested that the reco..endation of Staff to Iteep the
dens i ty down, be approved.
... a.c:... 8:'11 P.M. - 8:&& P.M. ...
Colonel John Beebe, .1r., President of Lakewood Civic Association,
stated that he recognizes the outstanding work of County Statt in the
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.JANUARY 4, 1989
~ation of the Plan. particularly, Mr. Gauthier. He indicated
that be believes Staff's original reco..endation regardlng the Urban
Boundary should be adopted, which remove. the 9,600 acres east of C.R.
iOl and south ot Alligator Alley; and east along the Taaiaai Tral1 to
Colller Seminole State Park. He noted that this land 1. not yet rlpe
for development, considering there is aval1able property for develop-
aent in the urban area, west of C.R. 951, which will keep the Industry
bu8y for the next 50 years. He noted that infrastructure should be in
place before this land is considered and a study on the Belle Meade
Basin should be completed. He indicated that hurricane evacuation
clearance tiae for Marco Island is perilously close to the required 28
hour., and funding for S.R. 951 aeelllS to be years away. He noted that
tbe approval ot the Naples Golf Estates wlth 90 units on 640 acres
gave a density ot 1-1/4 units per acre, and caused the four-laning of
C.R. it:. to aove ahead by one year. He requested that the urban area
be reduced, by reaoving the entire area in question, and designating
all areas not already zoned, as 1 unit per 5 acres.
Mr. Fred Voss stated that Colonel Beebe aentioned nearly all of
hi. issues of concern. He noted that he believes that Statf's recoa-
aendation is the appropriate zoning for the subject area at this
ti_. In addition, he indicated that there is a treaendous aaount of
aoney tha t l8Ua t be spen t for Capital Iaproveaents, and noted that he
would hate to see the aoney being spent on that area, and short
another area that is already on a list for things that need to be
done at this time.
Mr. MIllie Anthony stated that there were discussions approxl..-
tely 1-1/2 years ago about i.proving the Sabal Pal. area. He noted
that it the tiae coaes when th~ Watershed Master Plan is developed
and the density is increased, the present property owners in thls ares
wIll be scrutinlzed. He indicated that the property south of U.S. U
and east of C .R. 951 will have such more of a detriaental impact on
the evacuation of Marco Island than the property north of U.S. U and
...t of C.R. 951. He questioned the difterence of the sensItlvlty
Page If
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.J ANt1 ART 4, 1989
between the area east of C.R. 951 and west of C.R. 951?
Mr. Gauthier stated that he does not know whether he can charac-
terize the ar.a west of C.R. 951, but noted that the area to the east
or C.R. 951 is 5°" wetlands, and the County is dealing with a dif-
ferent watershed since C.R. 951 fora. a basin boundary. He noted that
the Distrlct 6 Drainage Basin has a heavy pattern of development, and
aany water aanageaent proble_, but the other side 1. virtually unde-
"lo~ baa in , adding that this limits the County's opportunity to
worlt toward the west.
Mr. Anthony indicated that it is his understanding that if the
Orban Boundary i. not changed, 4 units per acre will be Pftr.itted.
Mr. Gauthier replied that if the Urban Boundary stays to the east
of C.R. 901, the Density Rating System will allow 4 units per acre,
and a little higher near Activity Centers.
Ms. Charlotte Gilli. at Reynolds, S.1th & Hilla, and representing /¿:
A. Duda II Sons, stated that she is interested in the designation of
Study Area 2, a. rural VB. urban category. She noted a few basic
points relating to the main issue, questionlng whether developaent is
appropriate at this time in Study Area 2, and if so, at what density?
She stated that the four issues that need to be considered and
addr....d are:
1. '!'be existing conditions of developaent presently in the area.
2. Infrastructure.
3. Mater Hanageaent.
4. Hurricane Vulnerability and transportation evacuation tiae.
She stated that, as Staff realizes, Study Area 2 is more
appropriate tor development than Study Area 1, yet the denslties are
being increased for Study Area 1, while restricting any type or growth
for Study Are. 2. She refftrred to Map 3 of the generalized zoning
which sugge.ts that there is extensive development, PUD's, and DRI's
edjacent to the western boundary and existing in Study Area 2. She
indicated that the density issue is the major inconsistency that she
has.
With respect to infrastructure, she noted that there are ~ con-
Page 15
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.JAKUARY ", 1989
.iðerati0D8: availabl1ity of capacity, and responslbI1ity for
funding. She stated that the funding issue and who will bear the
re8p0D8ibility is the aajor point. She noted that concurrency addre-
sses this issue, and suggested that the developers should be respon-
slble for the aajority ot the expenses for improving the
Infr..tructure.
She noted that with regard to Water Management, the existing Belle
Mead. Study does not reco-end that there should be no further deve-
I opaen t in this area. She noted that developments which require
iaproveaents will probably address the drainage issues and existlng
proble_. and aay I.prove those situations, adding that there is
DOt.hJ.Dg prrvenUng the Ccunty fro. requlrJng that tlw J994 Plan be
8OVttd up, preliainary studies be advanced, and stricter language con-
earning the water -nageaellt issue.
She stated that hurricane vulnerability has two sub-issues:
property daaage and loss, and evacuation times, She stating that the /1'
aajor issue is evacuation tiaes. She indicated that the evacuation
rout. that has been suggested for Study Area 2 is directed to the
...t, eoutheaat, on U.S. 41, and there will be no evacuatlon from that
area that goes onto C.R. 901. She noted that the evacuation route
fro. Marco Shores and Marco Island is directed up C.R. 951 toward
1-70, and noted tha t the evacuation times have been hashed through.
She stated that there is a fair aaount of room on U.S. U to addre..
the evacuation problem, and suggested that this be considered. She
indicated that she believes that Study Area 2 is appropriate for deve-
l0p88nt, and should remain in the urban category, and suggested that
the appropriate den.ity ot 3 dwelllng units per acre be considered.
Mr. Milton Hahn reterred to a aap depicting the aiddle section,
which he owns. He stated that with regard to drainage in this area,
Staff has indicated that there are not the problems as those south of
Alligator Alley. He noted that it has been mentioned to equate the
area e..t of C.R. 961 and U.S. U to the area on the aap, and
8Ugg.sted that one compliments the other. He stated that the property
Page 16
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.JANUARY 4, 1989
to the aort;h i. less expensive, and would be a baslc element for
affordable hou8ing. He stated that he believes this area should be
i~cluded In the urban area, and requested that this be considered.
Mr. Gauthier advised that this is the classic case ot allowing
urban sprawl, it the County would allow urbanization in this area. He
noted that it is iaportant with the concurrency requlrements that the
County have a close coordination and staging of the land uses and the
ability to put facilities in place. He indicated that if the develo-
per. a:e relied upon to put the facilities in place, it w111 be a
pleceaeal approach, and will hurt system-wide public facilities. Be
aot;ed that there are also unexpected consequences, 1.e. increased
coats for the School Board, and increased costs for emergency service.
because of the geographic dlstance.
With regard to urban sprawl, Mr. Bahn stated that he feels the 553
acr.s that he would like included in the urban area will have very
little influence on "leap frogging" and urban sprawl, and will hardly //"
change, encourage or discourage development in the County troa what it
is now.
Mr. John Duda, representing the Duda faaily, stated that he owns
property In several different countles within the state. He noted
that be works very closely with County Coamissions, Reglonal Planning
Councils, and has developed very fine worlting relationships. He indl-
cated that growth has begun in Study Area 2, and will liltely continue.
Be stated that it seems strange to hi., that when growth is happening
in the area, the County would consider changing the designation of the
area to rural. He suggested that the recoamendation of the Planning
Coaaission be accepted, leaving the area as urban, but with the den-
81ty of 3 units per acre. He noted that he feels this is an accep-
table and workable solution.
Mr. Clyde Quinby indicated that there is no need to reaove the
exi.ting boundary lines as they are established on the east side of
C.R. 951. He noted that Naples Golf Estates was recently rezoned, and
continuing south to the next section of land is Highway Pavers, who
Page 11
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.J AJro ART 4, 1989
own and are dlgging 330 aGre., leaving app~oxi.ately 300+ acre. and
the balance belongs to 90 people and 25 parcels. He indicated that
the next _ct ion ot land, across fro. Rattlesnake Haaaock Road i8 the
SwaJIp Buggy Grounds, and Highway Pavers totaling 300 acres. He noted
that the balance of the 340 acres i~ held by 31 property owners. He
stated that no developer will be building in front of or behind the
8waJIp Buggy Grounds. He indicated that the section below the Swaap
Buggy Grounds is Sabal Pal. Road, comprised of nurseries, single-
f..l1y hoaes, c_pgrounds, and approxiaately 90 acres in that section.
Be indicated that he cannot foresee any developer wishing to purchase
that land. He stated that the two sections to the south of that are
vacant, and do not presently have a PUD. He noted that the property
on the we.t side of C.R. 951 includes a service station at the
northern end, and one at the southern end, adding that the only dif-
ference i. that the sections that border Davis Boulevard and C.R. 951
has 10 property owners and is zoned co..ercial, ault i-faal1y, and /?
.ingle f..lly. He stated that the section below that has 6 property
owners, and 160 acres have been zoned PUD for Shaaroclt, and w111 not
exit onto C.R. 951, noting that this does not create a proble.. He
advised that the property on Rattlesnalte Hamøock Road and C.R. 951 has
S property owners, and 40~ is wetlands. He added that further down
are 3 sectlons on the west side that Lely owns. He stated that the 6
8ile strip on the east side, without the present zoned sections, have
1,600 acres lett for development, with 1,200 acres of that at the
8OUthern part near u.s. 'u. He noted that the present density i. 0-4,
and recoaaendations are 0-3. He indicated that lIIonies have eeen paid
on tho- water lines for 3 years, and there are 12 more years
re_ining. He stated that his recoaaendation is that Study Areas 1
and 2 reaain urban, with 3 units per acre.
Mr. Todd Deaing at Reynolds, Seith, and Hills, representing A.
Da4a.. Sons, stated that Statt has never said that Study Area 2 is not
developable, noting that the issue is one of tilling which is tied to
~r..tructure, drainage, and natural sensitivities of the land. Øe
Page 18
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.1 AJro ARY 4, 1989
IDcUcated that the concurrency issue requires that infrastructure be
in place at the ti.e the iapacts occur, and the Board at County
Coaais.ioners have the ability to place restrictions on that develop-
aent to enfor~e that. He noted that he does not feel that infrastruc-
ture i. an i..ue.
Mr. Deaing indicated that Attordable Housing is a key and critical
isaue, noting that lands are .ore expensive closer to Naples, and the
properties within the two Study Areas could be passed on to the deve-
loper. for Affordable Housing. He stated that Staff's recoaaendation
is 1-1/2 units per acre froll a rural to an urban intensity for Study
Area 1, and he questioned why Study Area 1, and not Study Area 27 He
advl88d that Study Area 2 has little _tlands; Study Area 1 has 52~
wetlands; and Study Area 2 has been intensely developed, and i t does
DOt aake sense to take this area out of the urban classification. Be
noted that the timing is right because it is adjacent to develop.ent,
infr_tructure is in place, the Planning Commission's recoaaendation
1. a fair one, and both areas should be treated equally. Z!ø
Mr. .J88es McCoabs of 2150 Gulfshore Boulevard North stated that he
purchased an inte~est in sollie land on the east side of C.R. 951. in
1983, wlth an understanding that it was in the Colllprehensive Plan, thf!
land was developable, the density was 0-4; he was pleased to see the
inetallatlon of the water line, the announcement that C.R. 951 will be
four-laned in the near tuture, and now all of a sudden he feels Bite
the rug ls being pulled out troll under hill. He noted if this land 18
taken out ot the urban area, it will be worth far less that what he
paid for it 5 years ago. He requested that the recoaaendation of the
cePC be approved.
Dr. ~i. Thoeùe, Manager ot the Rookery Bay National Estuarine
""arch Reserve, stated that fro. his perspective, and his pro-
f...ional opinion as manager frolll the area that receives water fro.
the twQ areas along C.R. 951 and U.S. 41, he believes that these areas
are extreaely iaportant to the quality of' water coming into Rooltery
Bay. He indicated that tresh water is the key to what happena in the
Page 19
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.JAJroARY 4, 1989
..tuar iDe area. He stated that he supports the recoaaendation at Mr.
Gauthier, that this land be restricted, until s-uch ti- that
appropriate studies can be designed so that the drainage of this land
will not have an adverse impact on the "ational Estuarine Research
Re8erve. He noted that the waters within the Reserve are Outstanding
Florida Waters, as designated by DER, and part ot the criteria of that
designation is that the water quality cannot be further degraded below
aablent conditions. He requested that the Board ot County
Co..issioners accept the reco..endatlon of Staff, and deny any i...-
diate activitles that will allow higher densities in this area.
Coaaissioner Volpe stated that mention has been made that the uses
in Study Area 2 are predominantly agricultural, and he questioned
whether this has any relevance in teras of Dr. Thoeake's coaaents?
Dr. Thoealte replied that this is the reason that he is requestIng
action which will delay the permitting of develop8ent to occur. He .e/
DOted that it is not known what types of i.pacts will occur it this
area is changed from agricultural to urban, adding that the drainage
and runoff patterns will be ditterent. He s-uggested that both of the
are- be treated the saae.
Dr. Mark Benedict, representing the Conservancy, advised that he
eupports Staff's position on the "pink" area, adjacent to C.R. 951,
noting that a density of 1 unit per 5 acres is at most, what should be
there. He indicated that he opposes ~he Planning Co..isslon's recoa-
aendation to have a cap of 3 units per 5 acres. He advised that the
entire Watershed Manageaent Area consists ot a lot of wetlands, a
aajor flow way syste. that does ultiaately impact the Estuarine
Systeas, Rooltery Bay, Marco Island, and the 10,000 Islands. He indi-
cated that the entire area is without an adopted or funded integrated
Watershed Manageaent Plan, and there is no mechanism to deal with
the water. Be noted that he does s-upport Statf's position of 1 1/2
units per acre because he has been involved with the Naples Golf
Eatates Develop_nt, and the wetland and water management concerns
were addressed.
Page 20
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.7AJroARY 4, 1989
Mr. D8vid Land noted that as a point of inforaatlon, Goal 2, and a
nuaber of the Objectives and PolIcies under it in the ConservatIon and
Co_tal Manageaent Element address concerns relating to estuaries and
water aanageaent plans. He indicated that a Watershed Management Plan
will be developed, and by 1992, there will be an Estuarine Progr.. for
the County, and all canals, rivers, flow ways, etc. discharging into
.stuaries have to meet applicable r~deral and State standards.
Mr. Alan Reynolds indicated that he supports the reco..endation of
the cePe regarding urban boundaries. He stated that he would lilte to
dIsCU8s the density issue tor the frInge area. He noted that the
.aples Golt Estates and the Southampton projects demonstrate the
question ot density and how it relates to the viability of the pro-
jects. Be indicated that Maples Golf Estates was approxlaately 614
acres, and over half of the property was wetlands that re_In vir-
tually untouched in the Development Plans. He stated that it the Zl!-
wetlanda are excluded trom the Land Use Summary, the balance of the
project which includes allot the water management systea, gaIt cour-
ses, open spaces and residential uses occupies 291 acres, and that
denalty is approxiaately 2.1 units per acre. He indicated that
Southaapton is being used as a comparable, as It has siailar land
uses: low density project; mostly residential; has a golf course; has
open space; preserved creek system, and occupies 313 acres. He noted
that the density ot this project is 2.6 units per acre. He advised
that h. is trying to show that most of the high quality, low density
r..id.ntial projects that have been approved, have tallen in the 2-4
,~it per acre range.
Mr. Reynolds indlcated that the 3 unit per acre cap, as recoa-
8eD4ed by the CCPC, is appropriate, recognizing that the POD system
woru. Be noted that the review process that the individual projects
go through, individually assess the merits ot each project, they look
at the quantity of wetlands and open space, surrounG .r.9 land use, and
the density is adjusted accordingly.
Mrs. Charlotte Westman. representing the Collier County League of
Page 21
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.1AJroARY 4, 1989
Woaen Voters, stated that they support Staff's position on the "pinlt"
coluan down C.R. 951, to the east, and the "green" area along the rest
of the eastern "tail". She indicated that she supports the reaarlt.
aade by Colonel Beebe and Dr. Benedict.
Coaalssloner Volpe stated that he has heard the arguaents, and he
i. not persuaded by the gentleaan who aade an investment for property
in this area, and indicated that he is inclined to go along with the
recoaaendationa provided by those that the Co..ission has deferred to,
to aalte those reco..endations.
Coaaissioner Shanahan indicated that based on the inforaation pro-
vided by both sides, it 8USt be reallzed that the Plan is reviewable
twice a year.
V t_~ a.-..h.., aoved, 8eCODded by eo-I_100er k-.ð..r., 'to
~t ~t'. re< ~l4Itlon tor 1 1/2 dMtlling unit. per 8C'r8 in 'the
",1z*8 -- .
Coaaissioner Hasse stated that he does not !eel that there is any ~~
Deed to aove forward on the density at the present time. He indicated
that he believes that 1 unit per 5 acres is sufficient, until such
tiae that a report fro. the Water Manageaent Colll8ittee has been
received.
Coaalssioner Volpe stated that he does not understand the dif-
ference between 0-3 and 1-1/2 per acre, noting that Actlvity Centers
will be discussed at a later point In tlae, and they aay have SO88
iapact on density.
Vpac call for the question, the 8Otion carried 3/2 (Co8a.t-ioDera
..... 8Dd Volpe O~).
~ t-.100er 8han-beD 8OVWd, 8eCODded by CO8a1..100er ....., to
A.{ [1..'- atatt'. re< rod.tion that the 8 green 8 are. be de81p'tec1 - a
nIr8.1 --, with 1 dMtlllng unit per & acres, until fu.rtiaer rwvlew C8I1
.. Illl t_t~.
Co..issioner Goodnight stated that if 1-1/2 units per acre i.
de8ignated tor the "p.1nk" area, the same considerat.1on should be given
for the "green" area, noting that there is sore residential
Page 22
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.JAJroARY 4, 1989
eurrouodlng this area than the "pink" area. She indicated that
.be feels there should be consistency in the two areas.
Coaaissioner Volpe advised that he believes that the CCPC and the
CAC have stud!2d this issue, and they have heard input and &ade their
r e c 0IIIIenda t i 0 na. He stated that he has not heard any reasonlng as to
why those reco...ndations should not be accepted.
.... oan bIr t.be qaAtSt1on. t.be ~ion carried. 3/2 ( c.--- t ..10D81:'8
Yo1pe ~ 8.. - 1SJ'rt ...~).
C t -1cDer ~ haft 1IOV8d, ee<;0Dðeð by eo-1..iooer a-wtn1gh't
8Dd C8'ri8A ./1 (ec-i_iooer Volpe oppc>8ed), that wi th reg8r4 to Mr.
8Dd lira. JIaIID'. proper"ty, Staff'. recO888D4ation be ap~10ved, 8D4 the t
t:hJ.8 8r88 18 to be rwvi8W84 c!u.ring the fir.t review proc;_..
... A8c888 10:15 P.M. - 10:25 P.M. ...
lIeU Yt 'tY Cea'ter8
Coaaissioner Saunders noted that at the last meeting, the
Co8a.ission agreed to keep the Activity Centers as structured in the zý
draft. Be indicated that Staff has provided the language regarding
the 50. rule, and the effects of it.
Attorney Don Pickworth stated that he has concerns rc~arding the
language provlded in the aeao dated .1anuary 4, 1989. He referred to
the addltional language regarding consistency of the proposed land
U8eS with the report of the R/UDAT Co..ittee, and noted that he does
bOt see the need to include this in the Comprehensive Plan.
Mr. Plckworth stated his concern regarding the aarket deaand and
..rvice area item, indicating that when dealing with zoning context,
be doe. not bell eve this can be fully analyzed at that polnt, and
eugg..ted that this item be deleted.
Coaalssloner Saunders stated that he agrees with Mr. Pickworth's
.tateaent regarding the consistency of the proposed land use. with the
report of the R/UDAT.
It was the consensus of the Board to delete the itea relating to
the R/UDAT report.
Mr. Gauthler indlcated that with regard to the stateaent relating
Page 23
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'~f
.JAJroARY 4, 1989
to the aarltet deaand and service area for the proposed coaaercial land
U8e8, one of the considerations will be for general identification of
what ccaaercial uses will be provided, what 1s the servlce area and
deaand, are those uses being duplicated, or already provlded. He
indicated that this w1l1 justify economic viability.
Co..issiouer Volpe stated that he does not teel that it is the
re8pOD81bility of the Board ot County Co..lssloners to determine
whether a project is economically feasible.
Coaaissioner Volpe asked Mr. Dennis to coament on this language.
Mr. Dennis replied that he is reluctant to provide the Coaaission with
guidance on this.
C088issloner Goodnight stated that she feels that the Coaaission
ba8 taken poslt1ve steps not to per.it gas stations on every corner,
DOting that she does not believe this language needs to be included.
Coaaissioner Shanahan indicated that he does not have a problem
with this, since it will be used as a guide. He noted that when this Zr
language was developed, it was so done to delete the 50~ language, and
that there would be some flexibillty regarding market deaand and
8ituationa.
C t..iooer ~h.n aoved, 8eCODded by eo-I-ioner ScaDder.
8DII carried 4/1 (eo.aJ..sioner Goodnight oppo8ed), that the 18DgQ8ge:
II8.k bl .. 1 -d and -rvice are.. for the proposed cO888rcial land U888
to be 11884 - a guide to explore the fe..ibility of the requeated laDd
-. 8ba.11 :c I In in the Eleaent.
Attorney Anthony Pires referred to the the proposed additional
language, first portion of the criteria factors: The aaoun t, type and
location of existing zoned and developed co..ercial uses withln or in
cIa.. proxi.ity ot the Activity Center, and suggested deletlng
-existing zoned in close proxi8ity". Mr. Gauthler indicated that he
does not have a problem with Mr. Pires' suggestion.
eo..issioner Volpe stated that he feels this language should be
left.. suggested by Statf, noting that one of the probleas that Staff
ba8 identified is that there is existing zoning out there, already.
Page 24
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JAJroARY 4, 1989
C t ..1oD8r 90 I p8 1IOV8d, .-GoDded by Co8ai..I00er --- aDd
carried -t-.ly, to le8V8 the language - suggested by Staff.
Attorney Bruce Anderson stated that he would lilte to address the
density bans around the Activity Centers, noting that he would lilte
the partial clrcles on the Future Land Use Map to be complete circle..
Be indicated that the purpose of the these density bans ls to provide
a higher density residential transition area around the coaaercial
activities at the Activity Centers.
Mr. Gauthier stated that the Future Land Use Map identifies the
traffic congestion areas of Airport Road, down to Davis Boulevard, and
jogging over to Rattlesnake Haaaoclt Road. He noted that everything
seaward ot those areas are in the traffic congestion area, and there
are no density bans. He noted that Staff is suggesting to stay with
the logic to 11.it residential densities in the traffic congestion
are_, and that the circles reaain as they are. He advised that there
are lia1tations along that boundary, and he noted that once the Plan Z~
18 adopted, the land use forecasts and the public facility planning
will have to be redone.
Coaai88ioner Saunders indicated that there will be 8ituations that
require aaendaents to the Comprehensive Plan, and they cannot be
handled during the adoption process.
Mr. Anderson indicated that it should be noted that people that
are In a tratf1c congestion area, already receive a deduct from the
base dwelling units of 4, down to 3.
C t ..1ooer ..... 1IOV8d, 8eÇ0Ddeð by Co8aJ..Jooer IIa1mder., to
~t tile re< T-~tion of Staff, that the circl- 1"888.1.n - 4raIm,
8Dd 8bff will 898..la.ate JndJvic2ua1 property ownera' concern. d:ar 1.Dg the
~ t proca_.
Co..iss1oner Shanahan requested that Mr. Gauthier explain the
.cIrcle" process for clarification.
Mr. Gauthier stated that the Density Rating System is both
geographically based and perforaance oriented based. He indicated
that within certain geographic areas, the coastal manageaent area, and
Page 25
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JANUARY 4, 19U
the traffic congestion area, densities are held down to a lower level
and the potentlal of performance standards are li8ited, as reflected
in the 1/2 circles. He noted that areas that are not in the coastal
or trafflc congestion areas, have densities of 4-16, and they are
indicated by a full circle.
IJpC8 call for the quest: lon, the 8Otlon carrJed unan18O'a8ly.
Mrs. Charlotte Westman stated that she would like to discuss the
Activity Centers without circles, in particularly, the three northern
Activity Centers, and the Activity Center at C.R. 9ðl and u.s. 41.
She .uggested that these Centers be cut in half.
Coaaissioner Volpe indicated that his suggestion is that this
topic be revi~d at a later date, noting that this is not the proper
tl.. to be elialnating Activity Centers.
Coaaissioner Shanahan stated that there are areas that need to be
di8C'U.8aed as ti- goes on, but noted that it is premature to eliminate
any of the Activity Centers at this point.
Mrs. Nestaan requested that these be considered as potential den- Z!'
sity generators, with potential traffic probleaa
Mr. Gauthier called attention to two minor corrections. He noted
that Page LU-I-32, "0. 4. Coaaercial Under Criteria, Paragraph C.
should read 25,000 square feet, rather than 10,000 square feet. The
eecond change relates to the Activity Center at Pine Ridge Road and
1-75. Be indicated that the property identified as A-2 in the south-
.....t quadrant, is actually POD co..ercial, and noted that because of
that Staff believes that the boundary should be squared up with the
boundary from the north. He noted that it was inadvertently ~pped aa
A-2.
Attorney George Varnadoe referred to Mr. Gauthier'. aeao dated
3 anuary ", 1989, relating to language clarifying the intent ot Policy
&.1. Be stated that he believes the underlined language "as long as
the change constitutes 8inor adjustment to site development plane-
aaItee the proposal meaningless.
Mr. Gauthier indicated that Staff's concern i. that the way the
Page 26
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----"-..--- ".."-,-,.-.
.JAJroARY 4, 1989
Policy currently reads, potentially creates a large loophole to the
Rating Syat_. He noted that as a caution, Staff is attempting to
define what the intent is. He stated that there are some undeveloped
zoned lands which no longer comply with either the density or the co.-
_rclal location, and to deal with that, there is the zoning eva-
luatlon program that holds that within 3 years all zoning will be
reviewed, and it it is not vested according to the guidelines, or no~,-
conforaing, it aay be changed. He indicated that the down-slde of
that type of Pollcy, which is a use it or loose policy, aay cause some
panic developaent. He indicated that the proposed language is to
allow adjU8taents, but the property wo~ld still be subject to zoning
~
evaluatlon. He noted that he has no problem with deleting the
underlined language. I
~
It was the consensus of the Board to eliminate the underlined
language. I ~r
Mr. Varnadoe reterred to Page LU-I-19, Policy 3.1 IC, the
..",
underlined language "All zoning districts and approvals shall be
N
reviewed whether in the form of rezone, PlannedOnit Developaents
~~
(POD) or Developaents of Regional Impact (DRI)'i He stated that he
doe8 not know what kind ot zoning DRI's are, slnce thi8 1. not a
zonlnq category, and questions why they should be in a zoning re-
evaluation prograa?
Mr. Gauthier stated that the intent is to aalte it clear that this
prograa will apply to all zoned properties in the County.
County Attorney Cuyler advised that he has no problem wlth the DRI
language belng included, noting that they should be subject to Staff's
evaluation.
Coaai.sioner Goodnight indicated that she does not have a problem
with Staff reviewing this, but doubts that the Board of County
eo..i.sioners will be able to repeal a DRI.
Coaaissioner Shanahan questioned whether the language is there to
obtain a ruling as to whether the DRI is subject to a zoning reclassi-
fIcation by the County?
Page 27
-",-- .....--... ..-,.-
"'.__0___.""--------"" -.--.
.1ANUARY 4, 1989
Mr. Gautbler advised that the language is there, so that when the
process is established to deteralne what is or is not vested, that
proc..s will loolt at the entire array of zonlng types, and it -y turn
out that certaln classes are vested through State Law, etc.
Assistant County Attorney Student stated that DCA aislnterpreted
what the provision of Policy "X" is, noting that they believed that
Colller County was going to go through are-evaluation ot the entire
Zoning Ordinance, as opposed to zonlng which had already been approved
tor particular developments. She advised that she had discu.sions
witb Mr. Dennis, and it was the consensus that there was a 8isun-
derstanding on the part of DCA.
Mr. Gauthier stated that he i. comfortable with changlng the
language to read "All zoning zoning districts and approvals shall be
r-iewed-, and strike the rest of the sentence.
Mr. Varnadoe indicated that he believes that State Law i. clear Z?
that DRI's are ve.ted, and the County has no right to go back and
review thee. He stated that the law is also clear that DRI'a should
be taken into account when the Coaprehenslve Plan is beih~ prepared,
and provide the necessary facilities for them. He noted that a
neclaratory gtateaent, dated September 19, 1988, issued by DCA states
this in detal1 regarding Gulfstreaa Development Corporatlon.
Mr. Fred Vidzes of South Florida Water Manageaent Distrlct pro-
viðed a copy of a letter to be included as part of the record,
relatlng to the Save Our Rivers Land Acquisition Deslgnation and the
potable water lssue of Marco River.
Attorney Llnda Lawson stated that she concurs with Mr. Varnadoe's
co nts regarding vestlng, and she agrees wlth the Co..ission's dele-
tion of that language.
Mr. Charles Lehaan referred to Page LU-I-32, Commercial Onder
Criteria, and noted that it does not allow for any unusual piec.. of
props r tv, 1.e. at the end of an airport runway, or next to sewage
treat..nt plants. He indicated that presently the discretion the
Board baa, is to consider whether the width of a piece of property can
Page 28
._""""'-"'-"- --
.._.._-----"",-,,_..
.JANUARY 4, 1989
be greater than 200 feet. He requested that the Board re.erve di8cre-
tlon to consider intill co..ercial tor uniquely situated piece. of
property.
Mr. Gauthier indicated that the lnfill commercial does allow for
coaaercial outside ot Activity Centers, under special condition.. Be
noted that the C-6 Zoning Distrlct is intended to allow for tran-
sitional uses between high intensity and lower intensity, and in addi-
tion, it i. designed to be used where residential zoning is not
appropriate. He stated that he feels there is flexibility.
It -- tiIie COD88I18U8 of the Board that the language rsaaJ.n - it
18.
County Attorney CUyler advised that an additional sentence is
required in Subparagraph "~", noting that this refers to a prograa that
1. to be established, whereby Staff will revlew zoning during the next
thr- years to br ing i t in compliance with the Comprehensive Plan. He .J' ()
stated that there will be property that is Inconsistent with the Plan,
and he doe. not want to get into a situation where it 1. not clear
that building permits can be issued to those properties. Be indicated
that the language is as follows: "Until the vested or non-vested sta-
tua of such property has been determined, and if not vested, until
notice has been given that such property will be considered for
rezoning to an appropriate classificatlon pursuant to this prograa,
Develop.ent Orders shall be granted for uses permitted by the zoning
cl...ification in effect at the time of Plan adoptlon, or for ales.
intensive zoning classification approved by the County in accordance
with this Plan."
Coaaissioner Volpe stated that he is uncomtortable with this
language, adding that this allows that the notice that is in the Plan
i. not sufficient notice, and it must be done by parcel, and area. He
1Ddicated that he has a problem with continuing to issue building
permits where property rights are not vested, which Is inconsistent
with the Comprehensive Plan.
County Attorney CUyler stated that as he recalls the pa.t pro-
Page 29
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.- ---.. ,-.-. _..
.JAlroARY 4, 1989
ceed.inqs, there was discussion as to how the parcels that are incon-
sist.ut will be handled upon adoption of the Plan, and various methode
were discua_d, 1.e. "Use It or Loose It", which was rejected by the
Board. He noted that there was a reco..endation that there be an eva-
luatlon prograa over the course ot the next 3 years to look at the
parcels, on a parcel-by-parcel basis to determine whether they have
vested rights under the law, or whether there is a acre appropriate
category under the Comprehensive Plan, and this is what he understood
the Board to accept.
Coaai.sioner Saunders asked Mr. Gauthier, what his opinion as a
Planner is regarding this language?
Mr. Gauthier replied that looking beyond the legalities ot it, and
loolting at the situation of the zoning patterns, he believes that
strong action is called for. He indicated that his inclination is to
go with the original intent ot the language. -'I
Mr. Varnadoe stated that what Attorney Cuyler has proposed, i. to
clarity what has been in the Comprehensive Plan and what has gone to
DCA and approved by the., the CAC, and the CCPC. He indicated that
the option for the "Use it or Loose It" gives the inapprc~riate uses.
Co..issioner Saunders stated that his problem is that what is
being developed is a planning docuaent that is going to govern the
Coun~ for the next 20-00 years. He suggested that possibly the 3
year period could be shortened to 2 years.
Mr. Gauthier stated that 2 years should be the shortest, possible
tl_.
C t-10D8r """"""'n aoved, 8eÇ0Dded by CO88.t.sI00er ~fght,
to UHJt ~ l~ .. drafted by the Ccnmtyí~'t'tOrD8'y.
Co..is.ioner Saunders suggested that unlaproved co..ercial pro-
per~ to be re-evaluated in 2 years
County Attorney Cuyler stated that he believes there is a auch
better basis to re-evaluate the co..ercial properties because there
was a long and expensive study conducted which gave the County a good
ba81s for indicating Activity Centers, and where coamercial s~ould be.
Page 30
.-." , . .-,,- --. ,.-
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.J AJro ART 4, 1989
~ t-t..r ~Mm -Dðe4 hI. aot1on to .1nc11lð8 C-t..100er
. - \ - ' II_- .1 tiOD that ani8¡il0....4 ,. Ircial pr°v-~lT be re-
.-.a1..-t81 ...-.ry two 1'8 anr. C~1..100er Goodnight accepted the
- t. VpoD aLlI for the que1rtion, the aotion - -Dðe4 carrIed
_t _lYe
C t..1oDer ~1"8 aoved, 88COD4e4 by eo-J...iooer ~-~
8Dd C8T18cS 4/0 (ec-J...iooer Volpe ab8ta1ned), to "",...10,,- the
AcUrity C8Dtera - cSeaignated.
Coaalssioner Volpe suggested that at some point in the not too
di.tant future, the issue of Activity Centers generally, and the den-
sity bans be the subject ot further review.
C t..1oD8r Sa1mder8 aoved, 8e<;0ude4 by eo-J...iOD8r S)\an-'Mm and
carried -t-.ly, that the l'ature La:ad U- J:1888Dt be """'°"'.4 with
the fo1..1ow1Dg c:b8Dge8: ~ change in Policy 3.1 1:., .trIkJ.ng
'8DII:t8rlhlh"IIJ f1."O8 -whether- to the 8Dd of the eentence; the addition of
the 1 .. 'I - reed into the record by the County AttOZ':lWy ntgarding j'¿
the t II . ef pe-r.1t.: ap....o\rw the language of Policy 0.1, with the
~ of the 1IDder11ne4 portIon begiftfttl)9 wIth -- lcmg --,
t:hd ~ tile 8DIII of the eentenco; l~ of the o~ rul.. - ~'ted
tIT tM .1-t"'9 ~t to resain - preeented, wIth the exclualon
of tM ~8CP *ilL which reac18: -C0n8i.tency of the propo884 18Dd U888
with tM report of the Regional/Urban Deeign A8.18tance '1'... CIt1zen
8't8eriDg ec-1 t't- dated October 7. 1987; the approprIate aap for
the 8Cq1Û.1t1OD anra and the Urban Iknmd.ary; and the two 8.1Dor natl
~II"" c:o.rle<;t1.Dg In..,graphical error..
... Rece8. 11:50 P.M. - 11:5ð P.M. ...
~---...ArJOIf A8Ð COASTAL MAJrA~
Acting Coaaunity Development Adainistrator Ollitf stated that the
l_t action of the Board regarding this Element was to send it baclt to
the Co..lttee to try and resolve some of the outstanding lssue. that
resulted from the Horltshop. He indicated that meetings wlth the
Coaaittee and public were held to arrive at a consensus regar~ing
COIIproaising language.
Pege31
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..-....-..--..,...-- ,-
jANUARY 4, 1989
Attorney Varnadoe indicated that the Element has been revlewed at
great lengths. He noted that there was a good mix on the coamittee
with different interests, and stated that he believes that it these
Elements are adopted, they will be putting Collier County in the
forefront of environmental sensitivity, control, and protection.
Dr. Harlt Banedict noted that he has been involved in this process
slnce 1980, adding that he believes the dlrection of the Board has
been accomplished, and the Eleaents are a substantial improvement over
what the County currently has. He stated that the Five Year Plan wl11
aalte up for a nuaber ot years where the effort was not put into deve-
loplng standards. He indicated that the Element is set up to
describe what the issues are, what the habitats are, what the concerns
are, and it also describes implementation procedures over the ;,¡..;(t
nuaber of years with interim standards.
Mr. Steve Pfeiffer, representing 1,000 Friends of Florida, stated
that a. he indicated earlier in the meeting, he would like his written .;';JI
c0888nts to be a part of the record. He indicated that he teels that
the portion ot the Plan which addresses hurricane evacuation does not
adequately bring Collier County, by the year 2010, to the ailestones
in the Comprehensive Regional Policy plan. He noted that specific
euggestions regarding this are reflected on Pages 11 and 12 of hls
report. He stated that with regard to barrier islands, he does not
feel that the Plan adequately recognizes the physical constraints of
these, and suggestions are included on Pages 19 through 21 of his
report. Be indicated that he does not feel there has been an adequate
Inventory of existing facilitles that provide public acces. to
beaches, and what would be needed to provide those in the future.
With regard to the Capital Improvements of the Plan, he stated that
his written coaaents will spealt for hls organization.
Mr. Grady Minor, representing Glades Incorporated, referred to
Policy 6.4.6, the preservation of a ainil8U8 of 25% native vegetation
on the site tor new developlllents greater than 2.5 acres in the Coastal
Area, and suggested that a sliding scale be used, rather than a hard-
Page 32
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.JANUARY 4, 1989
faat rule. Be 8Ugge8ted that 25' be used for 6 dwelling units or
le.s; 1~' for 6-8 dwelling units; and 2-5' for over 8 dwelling units.
Mr. Minor noted that Policy 6.4.1 requires that all other types of
new developaent preserve an appropriate portion of natural vegetation
on site aa determined through the County's develop8ent review process.
Be indicated that he believes that a flat percentage of 5' should be
U8ed for coaaercial and industrial which would allow tor adequate
parlting. Be requested that his suggestions be considered.
Mr. Charles Layaon spoke to Policy 6.4.7, and stated t~at if deve-
lepers are forced to conserve 25' of the natural vegetation, it is not
alway. fe..ible in &any developments. He indicated that this land
will reaain on the tax rolls, and it is unusable. He suggested that
if a flat percentage basis is going to be used. it should be a lesser
percentage.
Mrs. Charlotte Westaan coaaended the co..ittee on the rewrite at
the Eleaents. She referred to Goal 8, Air Quality, and noted that it J,Y
does not address open burning, with the exception of Fire Departaents,
DEft and the Division of Forestry. She suggested that addltional
language be included.
Dr. Benedict advised that a special meeting was held last Friday,
and revlsions were &ade to the GOP's. He noted that 51 changes were
-.de, and out of those, there are 14 changes that he does not agree
with, and is recoaaending that they not be adopted. He referred to
Page C-I-5, Itea "E" and suggested that "and where practical shall
benefit- be added after "degrade". He indicated that this will
improve the ti.ing and cycling through the Watershed Manageaent Plan.
Mr. Varnadoe, responding for the other side of the co_lttee,
stated that the coaaent was &ade that the original proposal was to
bene f it the Watershed, but noted that is not always possible. He
Indicated that in order to Co.e up with a measurable standard, the
language as provided was agreed upon.
Mr. Lorenz stated that his suggestion is to leave the lang~age as
it is.
Page 33
"---"'-
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.JAJroARY ", 1989
It - Ö88 c ¡¡c........,..',8U8 of the IIo8rd that the l~ in It- 81t8
J. 1- - pl'J.JJI&tec!.
Dr. Benedict referred to Pollcy 2.2.2, and suggested that
8receiving waters" be added atter degrade.
It - Ö88 C ........b.aa of the Board to accept Dr. BeDecUc-t'. recoa-
Il1o.. u.a ul.r41Dg Policy 2.2.2.
Dr. Benedict referred to Policy 2.3.6, and suggested that the ori-
ginal language whlch was talten from 9.J5 be used: "Restrlct developaent
activities where those activities would daaage or destroy coastal
water rltSOUrces.
Mr. Varnadoe stated that the Coaaittee felt that the language as
preeented i. more detinitive, since "daaage" is a very broad ter., and
it W88 felt that "adversely lapact" ls &Ore restrictive.
I t - the COD88D8'U.8 of the Boarð the t the 1 aogu.IIg8 of Po 11 cy
2.3.8 ~ h. - pr....anteð.
Dr. Benedict referred to Policy 4.1.3, and suggested that
8coapile" replace "accumulate". Mr. Varnadoe concurred with this
8UWestion.
It - Ö88 C-.W.,.-u.e of the Board to replace -acC1lllll.lat.- with
..,- -.: _11'-.
Dr. Benedict referred to Policy 6.2.7 and suggested that "on at
l...t an equal area basis" be left in, and then add wording which will
allow flexibility, "if considered appropriate by County Staff, altern-
ative --thode for mitigation aay be consldered."
Mr. Stanley Hole, of Hole, Montes & Assoclates, stated that he has
no problem with Dr. Benedict's language, as long as the decision is
not aade by County Staf f, but by the Board of County Colll8issloners,
upon recoaaendation of Staff.
It - ÖMt ~r..-u.e of the Boarð to accept Dr. 8eDedlc-t'.
J-..- .1. bat replaciDg -County Staff- with the -Board of Ccnmty
""'- t -.1oDer8'. - 8Ugge8 t eð by Mr. Bo 1..
Dr. Benedict referred to Policy 6.2.9, and suggested that South
Florida Water Management District be reterred to.
Page 3~
..-.,,-.-.-,. '-.'""--" ...- --- -..-.."...,--.,-
JAJroARY 4, 1989
Mr. Varnadoe objected to this suggestion, noting that the intent
at the Coaaittee was to have one definitional body for the County to
refer to for its regulations. He noted that the decioion was unani-
IIOU8 to use DER, so that when their definitions are updated, the
Coun~ would have the current definitions.
I~ ... the COD8en8U8 of the Board that the language in Policy
8.2.. J: tft.. pr...nted.
Dr. Benedict reterred to Page C-I-19, and recommended the inclu-
sion of an additional Policy 6.6.3, which had previously been deleted:
-Where applicable guidelines of Depart.ent of Natural Resources and
Departaent of Environmental Regulations tor Outstanding Florida Waters
and Aquatic Preserves shall be considered to review land development
projects in and near important submerged aarine habitats".
Mr. Varnadoe stated that he is opposed to any additional Policies.
Be Indicated that the Co..ittee telt that this Policy was duplicative .J"
at the efforts of others. He indicated that DNR and DER have
established Florida Outstanding Waters and Aquatic Preserves, and have
regulationa which adequately address what can happen in those areas.
Mr. Olliff stated that Dr. Benedict's language says the County
shall conalder this as part of the develop.ent review process.
It ... the COD.88D8U.8 at the Boarc1 to accept Dr. BenedIct's
I-V "I.
Dr. Benedict referred to Objective 11.5, and suggested that .or
where necessary" be added atter "and by utilizing".
Dr. Benedict referred to Policy 14.1.3a, and suggested that
-adequately" be added after "not presently".
Dr. Eris Thoeake stated that he believes that overall, thO] docu-
aeat is a signlticant iaproveaent, noting that he is quite anxious to
tulfll1 SO88 of the statements aade relating to the County and the
State worlting together. He referred to Objective 2.3, and noted that
the state and federal water quality standards will have to be aet
before 1992.
Dr. 'l'hoeake referred to Objective 6.1, and stated that he has.
Page 35
-"-"'.-"'-
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JAnUARY 4, 1989
probl.. with the additional wording of .iaportant native County
habitats., and questloned how "laportant" will be defined? Be recoa-
aended that .iaportant" be deleted.
Mr. Varnadoe stated that Policles 6.1.1 through 6.1.4 addresses
the habitats and what will be done for each one, and it was felt that
the County should not co..l t to all habitats, some of which are not
native. Be noted that Policy 6.1.4 i. the catch all, for all other
habitat.
It -- the ~ at the Board that the lanqu.age .in Objec-tl.,.
8.1 7: tn - it 18.
Dr. Thoeake referred to Policy 45.5.1, and noted it previously con-
tained language suggested by the Coaaittee, and it i8 now deleted. Be
indicated that he feels it should be reinstated.
Mr. Olliff stated that he agreed wlth the Committee that the
language needed to be strlclten, since it is not a regulatory stateaent.
Mr. Gary Beardsley referred to Policy 6.2.4, noting that timbering .1/
operations wl11 affect naturally functioning marine and fresh water
wetlanda.
Mr. Beardsley referred to Policy 11.3.15, which states that tia-
bering will not be allowed in coastal systea., and is recoaaending
that timbering not be allowed in viable naturally functioning
-..tlanda.
Mr. Varnadoe stated that the Co..ittee considered these, and they
were not prepared to get into the agricultural arena, and i t was the
aajority vote to include language as presented.
It -- the ~ of the Board to accept the langcLag8 -
8't:a ~.
Mr. Beardsley reterred to Policy 6.4.8, and questioned th~ aeaning
at the last sentence whi~h states "For any such converslons in less
than ten years any County-i.posed restoration measures of the site
au.t be restored to native vegetation."
Mr. Varnadoe stated that the Committee felt that if the site is
to be U8ed tor agriculture, there is a ten year coaaitaent, but if a
Page 345
. -.- -,-,-""...
"-_.
,.._-""-,,,...,,",--- -.-,---.. .
JANUARY 4, 1989
rezone occur. before the 10 year period, the site will be subject to
the natural preservation requirements.
It -- the ~ of the Board that the 18DgU.8g8 in Pol1cy
S.".. &' h. - pr......ted.
Mr.. Barbara Cawley ot Wilson, Miller, Barton, SoIl 6 Pee It , Inc.,
stated concerns regarding Dr. Benedict's proposed change to Policy
6.6.3, noting that Outstanding Florida Waters are proposed by rule by
DER, and Aquatic Preserves must be approved by the Legislature. She
indicated that to use those guidelines for land development projects,
in or near sea grass beds, is an unreasonable use of Legislative types
of aanageaent tools.
Mr. Stanley Hole stated that he has written a letter stating his
concerns, and he is requesting that the following concerns be
stricken: 6.1, 6.1.1, 6.5.2, 11.3.9, 11. 4, 11.5, and 13.1. Be noted
that be has suggested that "unacceptable" be added to Objective 6.2, ./;1
between the words "no" and "net".
It -- the COD88n8u8 of the Board to 1D8ert -1m8Ccepbabl.- in
0Itjec:t.1~ .. 2.
Mr. Bole referred to Policy 6.4.3, and suggested that the state-
aent .Such i.pleaentation may be considered as mitigatlon" be added.
It -- the COD:88n8'U8 of the Board to accept Mr. Bol.'s 8'1:IgV88ted
1 8"'1.11. :
Mr. Bole referred to Policy 6.5.1, and suggested inserting
.non-noxious" after -incorporating".
It -- the COD88n8u8 at the Board to accept Mr. Bol.'. 81IWw-t1on.
Mr. Bole referred to Policy 11.3.5, and suggested that "or other
Coun~ approved" be inserted after "Native" and before "vegetation".
It -- the ('~ . 1o8U8 of the Board to accept Mr. Bol.'. 81Igge81:1on.
Mr. Hole referred to Policies 11.5.4, 11.5.9. and 11.5.10, noting
that all have a destructive feed-in word of "prohibit", and suggested
substituting the tirst sentence in Policy 11.4.7 to these Policies.
Mr. Varnadoe stated that the Comaittee tried to distinguish bet-
ween developed barrier coastal systeas and developed ~each systems and
Page 37
~ - .------
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.JAJroARY 4, 1989
undevwloped beach systeas. He indicated that the more reasonable
language was used. He stated that it was the Coaaittee's consensus
that undeveloped coastal barriers and beaches should be sore restric-
t1ve. Be noted that the Federal definition of -undeveloped" has not
been adopted, and that the Co..ittee has its own definition.
Coaais8ion~r Saunders stated that he Concurs with the Co..ittee's
recO88enc1atlon.
It ... the ~ of the Board to accept the Coaal tt.. '.
18D8""',
Mr. Bole referred to Policy 13.2.6, and suggested that "flood
proofed, be" be deleted.
It ... the ~ of the Board to accept Mr. Bol.'s 81Igge8'tlon.
Mr. Bole referred to Policy 13.3.8, and indicated that he does not
know what "25' ot the value ot County public facl1ities In the coastal
high-hazard area" aaounts to. He suggested that sOllie type of liait be .;If
estabUshed.
Mr. Pineau stated that the coastal high hazard areas have been
defined, and noted that a portion of this area had to be considered in
developing the Plan.
Mr. Bole referred to Policy 13.1.2, noting that he 1s unclear as
to it. intent.
Mr. Robert Duane otfered the following proposed language "review
increases 1n density on a case-by-case basis in the coastal area, and
to approve such increases only if proper mitigation, as approved by
the County, is provided to reduce hurricane evacuation tises".
It ... the ~ of the Board to accept Mr. Daane '. 81Igge8't ed
J-.;r ,..
Mr. Varnadoe referred to Policy 11.3.1, and stated that the
Coaaittee never considered the definition of "undeveloped coastal
barriers". He stated that the definition talks about the Federal
Guidelines pertaining to what constitutes "undeveloped", and adds
".. long as no County perlllits or platting has occurred". He noted
that he wants to &ake it very clear that when the Committee ta:lted
Page 38
~o.._- .. -...-....--
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.JANUARY 4, 1989
about .coastal barriers" they meant the outer most island or barrler,
and not inward islands behind that system.
Dr. Benedict stated that he agrees, noting that Horrs Island wae
not conaidered. He indicated that Johnson Island is a secondary
coastal barrier, and the intent was tor it to be included.
~t-10D8r tlanMer. aoved, and 8eCODded by CO881..1cmer "'-,
to ..w 4U. the COD8ervation and Coaetal ~t &leaent, ..
8Od..11J.ed, with the 8X'-¡.oUon of Polici.. 6.4.6 and 6.4.7.
Mr. Reynolds requested the opportunity to reserve his coaaent.
until he bas seen a written draft of all the changes that have been
aade tonight.
(' -..1oaer tta'.rMI'* --~ hI. 8Otion: To app...o,- the
ð.- ............. - t..1aD
~t~ at Polici.. 6.4.6 and 6.4.7; additional cO888Dt. wIll be
prori.ded in wr i t 1.Dg, and if additional ,- Int., tbr( wUI be c::on- /0
.1ðenId Û the 8dopUon hearing. CO881..ioner Ba88e accepted the
1 a ,t, aDd the 8Otion carried unanÙlOU8ly.
Mr. Hole advised that he has no objections to Policies 6.4.6 and
6.4.7, as proposed. He requested that "granted" replace ~considered.
in Policy 6.4.7, to be consistent with Policy 6.4.6.
Mr. Olliff stated that he has no problem with this.
Mr. Varnadoe referred to Policy 6.4.6, and advised that the
Co..ittee'. intent was that If there ls good native vegetation on
8ite. the first priority would be to try and preserve a significant
proportion of that. He indicated that if that could not be
accompli.hed through a reasonable land plan, then the 25- would be
&&de up of landscaping, including understory, and aidstory.
Dr. Benedict stated that some type of aeasurable objective was
needed to retain native vegetation on site, and the Coaaittee arrived
at the 25_. He noted that it that could not be accomplished, excep-
t1one would be con.idered.
Dr. Thoeake stated that the reason it is important to aaintain
whatever percentage is decided, is that true native coaaunitie. will
Page 39
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.JAJroARY 4, 1989
be -ln1:ained.
Mr. Gary Beyrent referred to Policy 6.4.6 and its relationship to
the Affordabl~ Housing Ele.ent. He indicated that developers were to
be given density bonuses as high as 16 units per acre for provlding
Affordable Houslng, but noted that if the project is In excess of 6
units per acre, the 25' cannot be retained. He stated that he feels
that 10' is a reasonable aaount for projects ot 6 units per acre or
8Ore.
Mr. Beardsley advised that Policy 6.4.6 is specifically addres.ing
the coastal area, which has an environmental sensitivity. He noted
that the State and Regional Plan speaks to development not endangering
na~.l resources, and that it protect, acquire and restore natural
conditions.
Coaaissioner Saunders suggested that Staff 8eet with the Co..ittee
one 8Ore ti88 to discuss Policies 6.4.6 and 6.4.7.
Mr. Varnadoe stated that he is satisfied with the two Policies as ~
written.
Coaaissloner Saunders withdrew his suggestion.
Mr. Beardsley noted that the language in the Deceaber 15, 1988
d~att is exactly from the Model Eleaent, which was accepted by the
eo-ittee. He noted that his problem is using landscape to meet the
25' requirement.
Attorney Pickworth stated that Mr. Beyrent's concerns are
addre.sed in the last sentence of Policy 6.4.6.
Mr. Reynolds indicated that he feels that the language and quali-
tications a. presented are acceptable.
Dr. Benedict stated that the Conservancy does not accept the
language that is presently betore the Board, and he is recoaaending
the language as contained in the Dece8ber 15, 1988 draft.
Mr. Ollitt stated that the Board needs to realize that this i.
interi8, and the Coastal Area is the tirst of the areas that will be
8ddre8eed for real policy language. He noted that the language as
preeented allows the County tlexibillty, and Staff supports it.
Page.O
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.JAKUARY 4, 1989
Coaaissioner Volpe stated that he feels that Mr. Minor's .arller
concerns are addressed by the exceptlon, adding that he is comfortable
with thia.
Mr. Ollitf suggested that possibly the language in both polices
could be changed fro. "granted" to "considered".
C I ..1.oDI.r Yo 1 pe 1IOV8d, 88CODded by eo-taaiooer ~tgbt aDd
~ f-.ly, to accept the 18Dg11898 .. pr888Dtecl 1n Pol1C88
e...e.... e...7.
~L I18!a....._;¡- WT~
Mr.. Fitzpatriclt indicated that there has been a change to the
Capital Improveaent Eleaent slnce last weelt. She referred to CIE-39
and 40. and noted that the Five Year Schedule of projects has been
reduced by $4.1 aillion, to reflect the Board's decision on the Urban
Boundary, ot pulling in the "tail" section.
f: 1-. iaD8r CIoodn i gb t 1IOV8d, 8eÇ0Dde4 by eo-i.aiooer Shaft.ahcl
8D4 carr 18d ........... 1 -.,.us 1 y, to çpr0V8 the C&¡I1 tal Iaprov__At .1~t,
- . d. ýZ..
ftAJ7I C C DCOLU1 011
Mr. Mllli.. Vines stated that there have been &any dl.cussion.
regarding planned arterial roads which lie north of laaoltalee Road,
and east of 1-15, that run through some peculiarly shaped real e.tate.
Be noted that the suggested aaendaent to the long-range Arterial Road
Plan has not been resolved. He indicated that the north/south, east/
west lines that are reproduced fro. one of the map Ele.ents wl1l be
lIOdit ied. He requested that language as contained in Policy 3.4 be
changed to: "The County shall acquire sufficient amount of right-of-
way to facilitate the planned trafflc lanes, approprlate turn lanes.
8ediana dralnage canals, and shoulders sufficient for pull-off and
land8caplng tor all roadways identified on the Traffic Circulation
Maps.
Mr. Perry stated that the aap Mr. Vines is referring to i. the
last aap in the Trattlc Circulation package. He noted that the
probl.. that he has with Mr. Vines' suggestion is that 2015 1. not
Pag.4.1
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.JAJroARY 4, 1989
u1tiaate build-out of the Urban Area, noting that there is another 3&
year. of growth. He stated that the six-lane requlrement with turn
lanes, dralnage, etc. came from the CAC Subco..ittee.
Mr. Varnadoe suggested language which will allow 80ae flexibility:
-Acqulre the aaount of right-ot-way necessary tor the lane .11es
deteralned at the tiae of acquisition."
Mr. Perry stated that the language does sound reasonable, and
perhaps SO88 language could be developed to allow the flexibilIty.
County Attorney Cuyler indicated that this is an active living
Plan. and it wl11 be changed In the future. He suggested that Mr.
Perry review this and present it at a later date.
Mr. Olliff concurred with County Attorney Cuyler, noting that he
believes thi. is soaething that can be addressed in the aaendaent pro-
ces..
%t - t:b8 elM. "'-018 of the Board that eppropriate 181Dgt1.8g8 be
- ~ ~ tor t:b8 Adopt ion IIe8r 1.Dg on 3 mm.ary 1 O. 198.. /4'
Mr. Perry referred to Table 5, Itea 12, Isles ot Capri Road, and
noted that the right coluan should read "right-at-way acquisition-.
C'I f..1ooer -u.."'ra aoved, 8eÇcmðed. by CO8a1..icmer ~jght
8Dd carr 1ed ....- 1 8ftQ81 y, to ~~ov. the rrafflc CirculatIon .1-..nt,
wi tit U. CID8 I~nt provided by Mr. Perry: the 1.8118 of the w1dth
of 8CIq1L1.eit1oa will be leU open for diacretiOD by Staff to tIOI"k out
t:b8 ....- ~ iate languag..
.... -""IT .,. --
(" t ..1ooer 800dni gh t aoved, 88Ccmðed. by CcIIa1-1cmer 8h---..n aDd
C8Z"r18A - - t -..1 y, that the Maa. Trlm.ait .1888Dt be ~~o\r..4.
AWT A'PT- .,. -
c f..ioaer ~hfll aoved, 84tCODdec! by Co8a1..1oner Ooo"""ight
.... 08J:'r 1ed -- t -..1 y, that the AvIation El888Dt be app..o....4.
~ FACIL.ITU:8 Ja.DœJrT
(" ~..J.CID8r ~1ght 8OV8d, 8eÇ0Dded by Co8aJ_icmer Sh--h-n
aDd carried 1ID8D.1aoua 1 y. that the Public Facilitie. Eleaent be
...... -. -4.
~1
'..
Page 42
.-..-...".-.-
---_..".."- .,.,_. --,
.JAJroARY ", 1989
... ~--~ &IIQ) Ot'... SP~
Mr. Richard Rudolph, representing the Kaples Youth Soccer Club and
the Optlaist Soccer League, stated that it was decided In the 1980's
to go toward Coaaunity Parks, and that is now in place. He indicated
that there are probleas: 1,500 children are in a soccer prograa and
there are not adequate facilities. He noted that it 1s projected that
there will be 2,000 children in that program in the next 5 years. Be
.tated that the current budget has additional funds for additional
fields. He stated that the current recoaaendatlon is to build second
fields at the parks. and then use funds tor lighting o~ those 1 or 2
fields 8cattered at different locations within the County. He
suggested that those funds be used to have all the proposed fields in
one location, which will be sufticient to handle the participants in
the prograa, and it could also be a fac1lity to hold various events
and tourna.aents.
Coaaissioner Saunders stated that he ls not sure that this is ý¡/
øoaething that should be specifically addressed in the Comprehensive
Plan. Be indicated that the Plan wl11 dictate how many facilities per
capita are required, but 1t does not dictate where they are to be
placed.
County Manager Dorrill stated that Mr. Rudolph bas raised a very
9QOd point relating to large scale league play, and noted that 1t
recently was decided to increase the level of baseball and softball
emphasis at the Golden Gate Park, which resulted in a regulation base-
ball field being constructed, in addition to the Little League
Softball capabilities. He noted that he believes Mr. Rudolph can be
given the level ot assurance that he is loolting for, as opposed to
building a soccer field at each of the five parks.
Mr. Ollitf indicated that he believes that this may be addressed
through the aaendaent process.
C t ..1cmer ~r. 1IOV8d, 8eÇcmded by eo-1..1oner aa- aDd
C8rZ' i8A -- t 1L...1y, that St~f be dIr.c1:ed to ...t with Mr. It1Idalph
.... _J4er a large acale 8OCcer CO8plex.
Page 43
...-.-..-.
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.J AJro ART 4, 1989
1: I - t Oftn' -.. 1 gh t ~ , 88CODd8d by Co8a1_1 0III8r 118888
8Dd C8rr1ad - 18n11U11 y, to -1I'.tOllw the Jtecreation IIDd Open Sp8ce
.uu..-.-rr_-¡;4L COOJU)IJlATIOII KLIMDI"!'
C t .-1.oDPr Øoo4n i gh t aoved , 8eCODde4 by C 088 i ..i c:mer IIa88e
8Dd C8ZT 1ed 1IDoIm18:7u81 T, that the Intergovernaental CoordinatIon
81 t. ... -ra--.-4.
~œ DAn
Mr.. Fitzpatrick advised that the County Attorney's office has
drafted language, to request substitution for the August 1st iaple-
8Imtation date.
CO88issloner Saunders referred to a aeao dated january 4, 1989
froa Asslstant County Attorney Student reco..ending the tollowing
1 angu.age: "By the tiae aandated for the adoption of land developaent
regulations pursuant to Chapter 163.3202, F.S., including any aaend-
aents thereto". ¡l'r-
AssIstant County Attorney Student stated that she has spolten with
DCA Attorney .John McCurchy regarding this language, and he has no
problem with it.
C t..lcmer Goodnight aoved. 8eCODde4 by Coaai _1 c:mer ~ b ~
aDd C8ZT 18d -- j ....u8 I Y . to awlOV. the 18DgU8ge In reter8DC8 to
BpI .t&tJ.OI1.
~.h~~ AlII) nALOATIOIr PftOC&.wKKS
Mrs. Fitzpatrick stated that the Monltoring and Evaluation
Procedures were approved by the Board on .July 26, 1988. She noted
that no changes have been aade.
" 4_~"", aoved, -.c;;0Dded by Co8a1..100er Goodn1gb't to
.......-.- tb8 IIDIûtor1.Dg aDd Evaluation Proc8dure8.
Coaalssioner Volpe indicated that there have been discussion. thls
evening regarding the rezoning re-evalution prograa, and when and how
it w111 be done, and also the concerns regarding the Activity Centers.
Be noted that he believes this should be given priority.
County Manager Dorrill stated that an enormous prograa of worlt Is
.
~ Page 4.
~~
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.JABt1ARY 4, 1989
888OCiated wlth the adoption of the Plan, and will lapact the Long-
Range Plannlng and Environaental Statf. He noted that it will Involve
the additlon of Statf or contract worlt to accomplish what is essential
tor the reports, as8ess.ents, and the research. He Indicated that the
Board will be able to determine which areas are to receive the
great..t attention. adding that if a quiclt assessaent of non-
conforaing coaaercial inventory 1s an item of top priorlty, the Board
will have the opportunity to do that.
...- call tor the qa81Jtlon, the 8Otlon carried unan18:Naly.
Coa81ss10ner Saunders advised that the public hearlng will be con-
tinued to .January 10. 1989, noting that there are two outstanding
i8BU.-: The Transportation Eleaent, and a review of the wrltten coa-
aent. relating to the Coastal Eleaent.
Coaaissioner Shanahan requested that the Board of County
Co8ai.sioners develop an effective plan to provide water for Marco ~
I.land and Goodland. He noted that he will continue to make this
request, until results are achieved.
...
There being no further business tor the Good of the C~ty, at 2:15
A.M., the aeeting was continued to .January 10, 1989.
BOARD OF COUNTY COIOUSSIOIQRS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) or
SPECIAL DISTRICTS UNDER ITS
COIfTROL
,'.~ðlnO ~
.":,.....~.>... ..", :,,~(' (I, L. SAUNDERS, CHAIRKAJf
--' ." . I c~
Am:dT"r " ~
30$SfC. GILES, OJ&RX
_.~
~~. .,:.~~¿l.C
~.~ ~ 4
q.e: ain¡¡tes app ved by the Board on ~-C. .~? /t "
, ~\':\~( ..........-
.. pr...~ted ~ or as corrected
Page 415
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