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BCC Minutes 12/17/1985 R .. .. .. Naples, Florida, December 17, 1985 LET IT BE REMEMBERED, t~~_ ~he Board of County Commissioners in and for the County of Collier and also acting as the Board of Zoning Appeals and as the governing board(a) of such special districts as have been created according to law and having conducted business herein, met on this date at 9100 A.H. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present 1 CHAIRMAN 1 John A. Pistor VICE CHAIRMANI Anne Goodnight Frederic~ J. Vosa Max Hasse C. C. "Red" Holland ALSO PRESENT. WilliaM J. Reagan, Cler~: James C. Giles, Fisc~l Officer: Haureen Kenyon, Deputy Cler~: Ken Cuyler, Assistant County Attorney: Don Lus~, County Manager: Neil Dorrill, Assistant County Manager: Pam Brangaccio, Deputy hasistant County Manager: Vic~ie Mullins, Community Development Administrator: Ann McKim and David Weeks, Planners: Tom Crandall, Utilities Administrator: Tom Kuc~, Public Works Administrator, Don Mohler, Utilities Administration Director, Nancy Israelson, Administrative Assistant to the Board: and Deputy Chief Ray Barnett, Sheriff's Department. ~OOK 091 m£ 3'04 Page I .........-...-.-...""'-"'"".......,,,...".,.".,,....,,,. -. - - - December 17, 1985 Tape '1 I te. U AGENDA - apPROVED WITB TBI rOLLOWING CHANGES Co..issioner Voss .oved, .econded by Co..issioner Ha..e and carri.d unanimou.ly, that the ag.nda be approved with the following chang.sl 1. Item 6C3 - Petition SMP-85-4C, continued to January 7, 19a6 2. Item 16C4 - re volunteer ambulance agreement - continued to January 7, 1986 It.. '2 MINUTES or 11/26/85 RICULAR, 12/2/85 SPECIAL I AND 12/3/85 REGULAR - APPROVED AS PRESENTED Co..is.ioner Vo.. aoved, .econded by Coaai..ioner Bas.. and carried unani.ously, that the Board .inut.. of the 11/26/85 r.gular ..eting: 12/2/85 special ..etingl and 12/3/85 regular .eeting b. approved as pre.ented. Ite. 13 CORDON KELLEY RECOGNIZED AS EMPLOYEE or THE YEAR rOR 1985 Commissioner Pistor recognized Gordon Kelley as the Employee of the Year for 1985 and indicated that he would receive a $250 cash bonus. Ite. 14 EMPLOYEE SERVICE AWARD TO RICHARD RIVARD, UTILITIES DEPT. 5 YEARS Commissioner Pistor indicated that Richard Rivard, Utilities Department, was absent but would recieve an employee service award for 5 years of service with the County. Ite. . 5 ORDIXAMCI 85-75 RE p~-a5-10C, WltsON, MILLER, BARTON, SOLL , PEEX, INC. REPRESDTING BARJIETT BAlIK AND TRUST CO. REQUESTING AN AMDDMENT TO THI BIRXSÐIRI LAXES PVD CORD. 83-46) TO INCLUDE A GOLF COURSE IN PARCEL r - ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on November 15, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition PDA-8S-l0C filed by Wilson, Killer, Barton, 5011 , Peek, Inc. reprnsenting Barnett Bank and Trust Co., requesting an amendment to the Bdrkshire Lakes PUD to include a golf course in Parcel -F-. Planner McKim stated that the objective is to amend the PUD ~ODK 091mE314 Page 2 ....·"""~r..__"·,v-"'·..." ... loa~ 091PA(,(315 Oecelllber 17, 1985 document and Master Plan for Berkshire Lakes PUD and by including a golf course in Parcel .p., as well as several additional amendments to the PUD document to provide for the donation of the park site to the County, the addition of several exceptions to the Subdivision Regula- tions, the reduction of setback adjacent to the lakes, the removal of excess fill materials fro~ the project and the addition of golf maintenance shops and equipment storage in the golf course tracts. She indicated that the subject property is located north of Davis Blvd., south of Radio Road, and west of Santa Barbara Blvd. She reported that lands to the north of Parcel .p. are Zoned PUD, (Berkshire Lakes), lands to the east are zoned A-2 and RMP-6: lands to the south are zoned -E-: and lands to the w~st are zoned A-2 and A-2 ·ST·. She stated that lands to th. north, south and west are undeveloped and to the east are undeveloped lands and land cleared for a9ricult~re. She reported that Staff and all appropriate County agencies reviewed this petition and have no objection to its approval subject to ~mendment to the PUD document per the staff re~;rt dated November ¿7, 1985. She indicated that when this project was approved, it was a ~evelopment of Re9iona1 Impact and the new state regulations require tt:at any change to a DR! must be submitted to the Regional Plannin9 Coun~il and State Land Planning Agency in addition to the local governm~nt and this has been done by the petitioner. She stated that Staff is recommending that the Board determine that the proposed change not be c~nsidered a substantial deviation as it is not increasing thd number of dwelling units or increasing the commercial development, just relocating approximately 8 acres and it i. not decreasing areas set aside for open space; nor is it increasing external vehicle trips by 15 percent or more. She stated that the CCPC held their public hearing on November 21, 1985, and unanimously recommended forwarding this petition to the Board for approval subject to amendment of the PUD document per the staff report and the recommendation that the proposed amendment is found not to be a substantial deviation. In answer to Commissioner Voss, Planner McKim stated that they will have an on-site treatment plant. Commissioner Voss questioned if the effluent from the plant will be sufficiently treated to be uaed as irrigation for the golf course? Mr. Tom Peek of Wilson, Miller, Barton, 5011 , Peek, Inc. replied affirmatively. He stated that Parcel "D·, which is located north of I-75 and east of Santa Barbara Blvd., is the site that will have the Page 3 - - - "__".".._",_a,,,,_..,_,_,.,,",'W".__"''''''"'"''''__"~~''·'''''"' - - r~ I o.cember 17, 1985 -~enrraT .4~. cr.at~.nt plant facility, adding that there is a golf course that will be in parcel -A- and a second golf course in parcel -F- and both will receive the effluent from the sewage treatment plant. He stated that the plant is under construction now and the effluent return lines have been put in place along Santa Barbara Blvd. and it is ready for operation. In answer Co Commissioner Hasse, Mr. Peek stated that this property gave up 100' of the right-of-way for Santa Barbara Blvd. Co..i.sioner Vo.s aoved, .econded by Co.-i..ioner Ha... and carried unani.ously, that the public hearing be closed. COmMi.sioner Ha... aoved, .econded by COmMis.ioner Holland and carried unani.ou.ly, that the proposed a.endment i. found not to be a .ubstantial deviation and that the Ordinance a. numbered and entitled below be adopted and entered into Ordinance Book No. 22: ORDINANCE 85-75 AN ORDINANCI AMENDING ORDINAHCE 83-46 WHICH ESTABLISHED THE BERKSHIRE LAKES PLAHMED UlIT DEVELOPMENT, AMENDING THE EXISTING BERKSHIRE LAIES PUD BY AMENDING THE LIST or EXHIBITS, AMENDING SUBSECTION 2.06, LAND USES, AMENDING SUBSECTION 2.07, PROJECT DENSITY, AMENDING SUBSECTION 2.09, DEVELOPMENT SEQUENCE AND SCHEDULE, AMENDING SUBSECTION 2.12, EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS, AMENDING SUBSECTIOM 2.13, LAKE SITING, AMENDING SUBSECTION 3.01, PURPOSE, AMENDING SUBSECTION 4.01, PURPOSE: AMENDING SUBSECTION 5.01, PURPOSE, AMENDING SUBSECTION 6.01, PURPOSE, AMENDING SUBSECTION 6.02B, PERMITTED ACCESSORY USES AND STRUCTURES, AMENDING SUBSECTION 7.01, PURPOSE, AMENDING EXHIBIT H, BERKSHIRE LAKES MASTER DEVELOPMENT PLAN, PROVIDING AN ErrECTIVE ~TI. Ite. '6 EXCAVATION PERMIT NO. 59.229 - COUNTRYSIDE - APPROVED SUBJECT TO STIPULATIONS Public Works Administrator Ruck stated that this is a companion item to the previous item, PDA-85-10C, adding that the objective of this item is to issue an excavation permit to U. S. Home Corporation for the project known as -Countryside- in accordance with County Ordinance No. 80-26 as amended by Ordinance No. 83-3. He stated that he is recommending approval subject to the stipulation. contained in the Executive Summary. In answer to Commissioner Hasse, Mr. Peek of Wilson, Miller, Barton, 5011 , Peek, Inc. stated that there are nine individual lakes on the subject property. Commissioner Holland questioned if any of the fill material will ~O~K (]!)JlpAr,r~Jlf) Page 4 ,.,"","'__'...._".__'''''',..""..."..,~''''"",,.,.''''''''_'''''''',_,.,,;.,.,'''''''"'"'."-,,""',."''"''·._k""'·'"·..·''· ,,~-""-;~~."'..__.~....._"'.....-.-"'- ao~~ 091plr.r317 December 17, 1985 be removed from the property, to which Mr. Peek stated that it is not planned to remove any but there is a provision within the PUD document that, after completion of construction, with the approval of the Planning/Zoning Director and the Public Works Administrator, if there is excess material it can be removed from the site with their permission. Co..is.ioner Vo.. MOved, .econded by Commis.ion.r Ba... and carried unani.ously, that Excavation Permit No. 59.229, Country.id., b. approved .ubject to the fol1ovinq .tipulation., 1. No excavated material shall be removed from the project site unless otherwise approved in accordance with Section 2.13 of PDA-85-10C. 2. Off-site discharge of gro~ndwater during construction shall be only through approved discharge structures after water quality treatment approved by the County Engineer. 3. Top-of-bank setbacks shall be as follows: a. Radio Rd. -25 feet b. Santa Barbara Blvd. -25 feet c. P'lain Interior Rd. -25 feet d. Secondary Interior Rd. -10 feet e. Davis Blvd. -25 feet from north edge of proposed swale to be constructed along the north side of Davis Blvd. (SR-84), the location of which is yet to be determined by negotiations with Florida D.O.T., County and Developer. Said 25 feet to be reserved as an easement for a maintenance travelway for use by the County's Aquatic Plant Control Sœction. 4. All lakes with top-of-bank setbacks less than those stipulated in Collier County Ordinance No. 80-26, Section 8.A, as amended by Ordinance No. 83-3, shall be fenced in accordance with Section 8.D of said Ordinance. 5. All lakes shall be excavated to a minimum elevation of 0.0 feet ngvd and a mðximum elevation of -3.5 ngvd. 6. Before the issuance of this Excavation Permit, petitioner shal1 submit a grading plan for the golf course to the Water Management Director, for approval, demonstrating compliance with the Wa ter Management Plan. 7. This approval is subject to the approval of the Board of County Commissioners of Planned Unit Development Amendment PDA-85-10C, which will provide compatible zoning for this proposed land use. 8. No 8uilding Construction Permits will be issued for any building units around the perimeter of any lake unless and until all lake side slopes adjacent to the proposed building units have been completed and approved by the Collier County Water Management Department. Page 5 ,. --'-'''~''''''''''--'''-''''''''''''''''''''-'''''''''''''''''"''''>' . . ... .. (M D~cember 17, 1985 Ite. 17 ORDlHA»CE 85-76 RE PETITION PDA-85-11C, BRUNS' BRUNS, INC. REPRESENT- ING THE GLADES, INC., REQUESTING AN AKENDMENT TO THE WINTERPARX PUD (ORD. 83-32) TO ALLOW CONSTRUCTION or A DRIVEWAY TO THE NORTH END OF PALM DRIVE - ADOPTED SUBJECT TO STIPULATION Legal notice having been published in the Naples Daily Nows on November 15, 1985, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition PDA-85-11C, Bruns' Bruns, Inc., representing the Glades, Inc. requesting an amendment to the Winterpark PUD to allow construction of a driveway to the north end of Palm Drive. Planner McKim stated that lands to the north are zoned RMF-6 and is the site of the proposed Winterpark North; lands to the east are zoned ·CG· and RMF-6; lands to the south are zoned RMF-16; and lands to the west are zoned C-4. She stated that lands to the north are undeveloped and to the east Is a golf course and vacant land. She indicated that to the south is multi-family residences and to the west is Scotty's and undeveloped land. She reported that Staff and all appropriate County agencies reviewed this petition and recommended approval subject to the stipulation that if a traffic analysis shows that a hazardous condition has resulted from connecting an access to Palm Drive, the County Engineer may require the developer/property owner to close the co~nection. She indicated that the CCPC held their public hearing and recommended approval subject to the stipulation. She reported that at the CCPC hearing, one person spoke in opposition to this petition with concern that the proposed connection would create a dragstrip or other unsafe condition. She concluded by stating that the recommendation is for approval subject to the stipulation. In answer to Commissioner Hasse, Planner McKim stated that there is a signal light at Davis and Lakewood Blvds., adding that this will not be an access to Davi. Blvd. as it will simply connect within Winterpark. Public Works Administrator Kuck stated that the connection that the petitioner is asking for will attach to their parking area an~ connect to Palm Drive, adding that he would not consider it a through street. He stated that the primary reason is for the residents to have access to U. S. 41 East so that they would not have to go out onto Airport Road. Mr. Kuck stated that this connection would have a tendency to take ~OOK 091 pm 318 Page 6 ",",-,"_",.~~~..__~______~._t,_-"",,,,,,,"¡.;,,,,","oOO...^,"~.^~""'''"'''''·'·. . . " ...., ,__'''"...~.~~,~,..~~".__c...__"._...____ aOOK 091 p~rtE 319 some of the potential Palm Drive. Commissioner Voss stated that the traffic w~uld probably continue to use Lakewood Blvd. as it would be awkward for the people to go around Palm Drive. Public Works Administrator Kuck stated that this petition is in connection with the next item regarding Winterpark North. Planner McKim stated that petition R-85-16C, Dr. Neno Spagna, representing the Glades, Inc. is requesting a rezone from RMF-6 to PUD known as Winterpark North, for a maximum number of 96 dwelling units on 8% acres, for property located on the south side of Davis Blvd. approximately 600 feet east of Airport Road. She stated that this is a density of 12 units per acre and lands to the north, across Davis Blvd. are zoned C-5: lands to the east and south are zoned PUD (Winterpark); and lands to the west are zoned C-4. She indicated that to the north are car and motorcycle sales, service and repair businesses, retail sales businesses, and a professional office: to the east is Winterpark Blvd. and undeveloped lands; to the south are multi-family units and tennis courts (Winterpark PUD); and to the west is Scotty's. She reported that Staff and all appropriate County agencies reviewed this petition and recommended approval subject to amendment of the PUD document to include staff's stipulations p~r staff report dated November 14, 1985. She stated that the CCPC held their public hearing and unanimously recommended approval subject to amendment of the PUD document. She noted that three letters of opposition were received, adding that the proposed density is consistent with the existing Winterpark PUD, which lies to the south and east of the subject property. She reported that this petition does not include commercial uses as it is proposed strictly as a residential PUD. December 17, 1985 traffic off Lakewood Blvd. and bring it through Tape 12 Public Works Administrator Kuck stated that Petition R-85-l6C was continued two weeks ago in order for Staff to provide alternates for the type of connection that may be made at Lakewood Blvd. and the North Lake Drive which is Winterpark East/West Street. He stated that there are three alternatives, 1) that the connection not be permitted; 2) would be to allow the connection across Lakewood Blvd. and put a median area in to prohibit traffic from crossing Lakewood Blvd. and 3) would be to allow the connection to be made with traffic going north or south down Lakewood Blvd. coming from th~ east or west. He stated that he Page 7 .. - - -.,"-.,,-,...,~,..,_...,._---.,"--- - - .. December 17, 1985 performed a traffic analysis to see what impact the project would have on Lakewood Blvd. He noted that there are 368 condominium units, adding that the assumption is that there would be six trips per day per unit and maximum occupancy would be 801 which generates a total trip count of 1,766 vehicle movements per 24 hours. He stated that of that traffic movement an assumption was made that 65\ of all vehicles in the area would have a destination on Air?ort Road, 101 would have a destination on Davis ~1vd., 201 would have a destination on Tami~mi Trail and 5' would have a destination to the recreational area within the project. H~ stðted that this connection was sho'~ as part of the PUD when this project was approved in years past, adding that if this is changed he does not know if it would create a problem. Assistant County Attorney ~'Uyler stated that if the Board finds that there are health, safety, and w.lfare considerations and that there are currently or will be as a result of this project, a substantial impact and a detriment to public safety with regard to traffic considerations, his opinion would be that the Board has the authority to require an amendment to the PUD. Commissioner Voss stated that if the median is put in to stop the traffic from Davis Blvd. going down Lakewood Blvd, it would force the traffic from Winterpark to go down Palm Drive if they wanted to go south. Mr. Kuck stated that the medi~n would stop traffic from going east and west across Lakewood Blvd., adding that traffic coming from the east out of ninterpark would be able to turn right and come down to Davis Blvd., but they would not be able to turn left and go to Lakewood Blvd. to the south. He stat~d that if the median is continued further down Lakewood Blvd., he would recommend the widening of same. He reported that he would look at the developer wanting to make the connection to Lakewood Blvd. and therefore, that would be his obligation and would be a condition of the right-of-way permit. Attorney Jim Siesky, representing the Petitioner, stated that there are two different petitions being discussed and the second one relates to Winter~~rk North and the first one is based upon access way to Palm Drive wh!ch was approved by the Board in 1983. He stated that the Master Site Pl~n placed the fire station at the corner of Lakewood Blvd. and Davis Blv'. which was picked by the East Naples Fire Department. He stated that the PUD addressed the traffic consequences and there were no requirements regarding North Lake Drive, adding that the requirements were for a left and '~ght storage lane at all access eDD~ 091 PAr.( a20 Page 8 ,'....." """,..,-_......'"".,----_..._'''".,.'''"~'''',,.._'"~'''',.,,''~,",..,...'^"""q',"-'''' /.. ... -.-. 09'1· ·3·?~· December 17, 1985 ~OOI( . W,r points on vis Blvd. and they have been installed. He stated that an~ther requirement was a fair share contribution for the traffic signals on Davis Blvd. He stated that no other traffic considerations were felt to be significant by staff at that time. He stated that this petition asks for some minor accommodations for the residents of Winterpark so that they may access U. S. 41 East through Palm Drive. He stated that it w~uld have a beneficial effect on the Lakewood area because it will reduce the traffic somewhat that follows Lakewood Blvd. east t~ the U.S. 41 area. He reported that there have been issues of safety regarding school children, noting that he does n~t feel that there is anymore danger to school children than now exists. He stated that by restricting the access on North Lake Drive would affect the fire station, as they propose to acce.s the rear of their station. He noted that the installation ~f turn lanes at Lakewood Blvd. and North Lake Drive intersection would be a reasonable accommodation by the developer with regards to any difficulty which might occur by that intersection but this is not an issue that is before the Board at this time as it is unrelated to access to Palm Drive. He stated that if the Board does not believe that the accommodations ~uggested are reasonable the developer would prefer to withdraw the application and let the Master Site Plan, which was approved by the Board in 1983, stand in its current condition. He stated that he believes that the request is reasonable and he is requesting the access driveway for Palm Drive and he has agreed to the turn lanes being constructed by the Developer at Lakewood Blvd. Mr. Kuck stated that if the original Master Site Plan is left as it was originally approved, it w~uld be the same as Alternate '2 with the installation of the turn lanes to serve the Winterpark Subdivision. Mr. Siesky stated that the original Master Site Plan showed no turn lanes at all. Mr. Kuck stated that all approvals on all intersections are subject to the County Engineer's review and approval and it does take a right-of-way permit to make any connection to Lakewood Blvd. and that would be one of the requirem~nts. In answer to Commissioner Hasse, Mr. Kuck stated that one of the safety advantages of Alternate '1 or Alternate 12 is that it provides the residents a controlled intersection with a traffic signal at Davia Blvd. He stated that it also gives some of the residents more of a direct access to the recreation.l facilities. He stated that the pag e 9 - - - .. .. .. ! December 17, 1985 disadvantages are creating more traffic for Lakewood Blvd. and one of the primary concerns is that the location of the cross street is close to Davis Blvd. which is going to cause some traffic congestion. Commission~r Voss stated that if the west bound traffic had a wNo Left TUrnw sign and the east bound traffic had a "No Right Turnw sign, traffic would not be added to Lakewood Blvd., but it would still provide for thru traffic. Mr. Siesky stated that he has no problems with those type cf signs, adding that his principle concern is having access for the residents back to the rwcreation area. Commissioner Holland stated that Mr. Kuck indicated that there is a good possibility that the traffic on Lak9wood Blvd. would be reduced if the original Master Site Plan was followed. Commissioner Holland stated that each petition has to be taken one at a time and stand on its own merit. He questioned if it would be better or worse for emergency vehicles entering and leaving the area, to which Mr. Kuck stated that it would be better because it gives them a route in and out of the project. The following people spoke in favor of opening up Palm Drive fo~ traffic from Winterpark as it would help alleviate some of the safety, congestion and traffic problems on Lak.wood Blvd., but voiced their concerns regarding North Lake Drive intersecting and cutting across Lakewood Blvd. 200' south of Davis Blvd. Col. John E. Beebe, Jr. Tape '3 Paul E. Lee. Jim Flagler Robert o. Cooling Col. Beebe stated for the record that he has a petition with 932 signatures from the Lakewood residents requesting that the risk be reduced by dead-ending North Lake Drive at Lak.wood Blvd., by relocating the fire station away from the busy intersection of Lakewood Blvd. and Davis Blvd. or by other appropriate action. Co_issioner Voss aoved, s;lC:onded by COmMis.ioner Basse and carried unani.ously, that the pUblic hearing be closed. Coa.issioner Voss aoved, seconded by Commissioner Goodnight and carried unaniaously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 221 ~OOK 091 PA{,( 322 Page 10 aOOK 091p£(,E3"23 December 17, 1985 ORDINANCE 85-76 AM ORDINANCE AMENDING ORDINANCE 83-32, WHICH ESTABLISHED WINTERPARX PLANNED UNIT DEVELOPMENT, AMENDING THE EXISTING WINTERPARX PUD SECTION ·DEVELOPHENT REGULATIONS· BY ADDING SUBSECTION A, XVI RELATING TO ACCESS TO PALM DRIVE, AND PROVIDIWG AN EFFECTIVE ~TE. Ite. 18 ORDlNAMCE 85-77 RE PETITION R-85-16C, DR. MENO SPAGNA, REPR. THE GLADES, INC., REQUESTING A REZONE FROM RMr-6 TO PUD XN~I AS WINTERPARK NORTH - ADOPTED SUBJECT TO PETITIONER'S AGREEHENT. STAF' DIRECTED TO MAKE FURTHER STUDY OF CONNECTION BETWEEN N. LAKE DRIVE ~ID LAXEWOOD BLVD. PRIOR TO ISSUANCE or RIGHT-Or-WAY PERMIT TO DETERMINE IF CONNECTION CAUSES A TRAFFIC HAZARD Legal notice having been published in the Naples Daily News on November 1, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was continued from December 3, 1985, to consider Petition R-85-16C, Dr. Heno Spagna, representing the Glades, Inc., requesting a rezone from RMF-6 to PUD known as Winter park North for a maximum number of 96 dwelling units on 8± acres for property located on the south side of Davis Blvd. approximately 600 feet east of Airport Road. Dr. Neno Spagna, representing the petitioner, stated that he agrees with all Staff requirements and the PUD document has been amended, adding that he would like to proce~d with the project. Commissioner Pistor questioned if the Board decides to have the road dead-end at Lakewood Blvd. or have the petitioner put in the island so that there can be no cross traffic, would the petitioner agree to that expense? Mr. Siesky stated that this is an entirely separat·r. PUD, adding that this is Winterpark North and would have 1'0 effect upon L~kewood Blvd. He stated that Lakewood Blvd. is 1/4 mile west of Winterpark North and the only access would be through the current entrance of the Winterpark development. Col. Beebe stated that the subject under consideration is not of concern to the residents, with the exception of the fire station, adding that their concerns were with the previous petition, not with the Winterpark North PUD. Commissioner Holland stated that Lakewood Blvd. is used by people coming from the Courthouse, going to Marco, or coming off Davis Blvd. and the only way that these problems are going to be taken care of is for the Sheriff's Department to start enforcing certain laws. He Page 11 - - - - - .., December 17, 1985 stated that restrictions need to be put on what is presently existing in the Lakewood area, adding that h. cannot see land-locking a project when everyone else in the C~unty is using Lakewood Blvd. Commissioner Voss stated that this petition does not address whether the east/west street should g~ through and questioned whether this petition could be addressed and then direct Staff to investigate eliminating that through street? Assistant County Attorney Cuyler stated that if the Board wantcd to address this, it w~uld have been more appr~priate to address it under the previous item, adding that the Board would also have the discretion to direct Staff to come back and give a full report ~n the traffic safety considerations. He noted that the Board would have the authority to make an amendment at a later time. Tape '4 COmMi.sioner Vo.. aoved, .econded by Coaai.sioner Goodnight and carried unani.ously, that the public hearing be closed. Co..issioner Vo.. aoved, seconded by Com.i..ion2r Bas.e that Petition R-85-16C be approved with the exception that the Developer not open North Lake Drive onto Lakewood Blvd. until the Staff has had a chance to take a look at the traffic i.plication.. Planner McKim stated that this is a rezone from RMi-6 to PUD for Winterpark North which does not border on Lakewood Blvd. and questioned if this stipulation should be considered at this time or in a separate motion, to which Assistant County Attorney CUyler stated that the Board needs to make it clear that this item and the previous one are inter-related and he ~uld suggest that this stipulation would be more appropriate for the Winterpark PUD than for the Winterpark North PUC. He suggested that either the rezone be approved or denied and then another motion could be made regarding the transportation isaue. Coami..ioner Ba..e withdrew hi. .econd and Co..i..ioner Vo.. withdrew hi. action. Co..i..ioner Vo.. aoved, .econded by Coaai..ioner Holland .nd carried 4/1, (Co..is.ioner Has.e oppo.ed), that the ordinance .. nuabered and entitled below be ·adopted and entered into Ordinance Book No. 22z aODK 091 PAG£ 324 Page 12 -,--,..-.,._-,.....,----'";._,...,--""'_......"'''~--"'''-".,.,.',. " .. ~OOK 091 PAr,l 325 December 17, 1985 ORDINANCE 85-77 AM ORDINAMCE AMENDING ORDlMAMCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS rOR THE UNINCORPORATED AREA or COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-25-1 BY CHAYGING THE ZONING CLASSIFICATION or THE HEREIN DESCRIBED REAL PROPERTY rR~ RMI'-6 TO ·PUD· PLANNED Ub1IT DEVELOPMENT KNOWN AS WINTERPARK NORTH, rOR A MAXIMUM NUMBER OF 96 DWELLING UNITS OM 8* ACRES rOR PROPERTY LOCATED ON THE SOUTH SIDE or DAVIS BOULEVARD APPROXIMATELY 600 rEET EAST or AIRPORT ROAD, IN SECTION 12, TOWNSHIP SO SOUTH, RANGE 25 EAST, AMD PROVIDING AM EFFECTIVE DATE. COmMi..ioner Vo.. MOyed, .e~onded by Coaai..ioner Ba..e and ~arried unani.oualy, that Staff be directed to .ake . further .tuùy of the connection between Lakewood Blvd. and North Lake Drive prior to the issuance of any right-of-way permit to deter.ine if .aid connection will cause any traffic hazard or put an undue burden of traffic on Lakewood Blvd. Page 13 - - - aOOK 091"Jt;£327 December 17, 1985 ....* Rec.s.. 10s40 A.M. - Reconvendeds 10s50 A.M. *.*** Itea 19 ORDlHAMCI 85-78 RE PETITION R-85-21C, MICHAEL J. MOORE, REPRESENTING VANDERBILT BEACH MOTEL, INC., REQUESTING A REZONE FROM C-3 TO RT FOR .86 ACRES - ADOPTED SUBJECT TO PETITIONER'S AGREEME8T Legal notice having been published in the Naples Daily News Qn November 15, 1985, as evidenced by Affidavit of Publication filed with the Clerk, pUblic hearing was opened to consider petition R-B5-21C, Michael J. Moore, representing Vanderbilt Beach Hotel, Inc. requesting a rezone from -C-J- to -RT- for .86 acres to conform to the contiguous .23 acres already zoned RT to develop a new 16 unit multi-family facility to be operated as a condominium motel for property located at 9225 Gulf Shore Drive Nf.lrth. Planner McKim stated that lands to the north and west are Zoned RT; lands to the east across the lagoon are zoned RSF-3 -ST-; and lands to the south are zoned C-3. She reported that to the north is Vanderbilt Beach and Harbor Club; to the east is Vanderbilt Lagoon; ~o the south is a restaurant; and to the west is Vanderbilt Beach Motel. She indicated that Staff and all County agencies reviewed this petition and recommended approval subject to the stipulations found in the staff report dated November 27, 1985; also, the CCPe unanimouSly recommended approval Subject to the same stipulations. Co..is.ioner Voss aoved, seconded by CommIssioner Holland and carried unanimou.ly, that the public hearing b. closed. CoaaIssioner Goodnight moved, seconded by Co.missioner Holland and carried unanimously, that the ordinance a. numbered and entitled below be adopted and entered into Ordinance Book No. 22 subject to the Petitioner'. Agre..ent. ORDINANCE 85-78 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 48-25-9 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT 9225 GULF SHORE DRIVE NORTH IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, FROM C-3 TO RT FOR .86 ACRES, TO CONFORM TO THE CONTIGUOUS .23 ACRES ALREADY ZONED -RT- TO DEVELOP A NEW 16 UNIT MULTI-FAMILY FACILITY TO BE OPERATED AS A CONDOMINIUM MOTEL; AND BY PROVIDING FOR AN EFF!CTIVE DATE. Page 14 - - - ..."--,..;._._",,................ _.',....~.~;"',..,'";..'" .. - - December 17, 1985 Ite. 11 0 ORDlKAMCE 85-79 RE PETITIOW R-a5-23C, HOLE, MONTES' ASSOC., REPRESENT- IHG NATIONAL DEVELOPMENT CORP. or FL. REQUESTING A REZONI FROM A-2 AND A-2 ·ST· FOR WOODSIDE APARTMENTS - ADOPTED SUBJECT TO PETITIONER'S AGREEMENT Legal notice having been publish~d in the Naples Daily News on November 15, 1985, as evidenced by Affidavit of PUblication filed with the Clerk, public hearing was opened to consider Petition R-85-23C, filed by ~ole, Montes, Assoc., representing National Developm!nt Corp. of Florida, requesting a rezone from A-2 and A-2 .ST. for Woodßlde Apartm~nts for 1.5 acres of commercial USes and 28.1 acres for 352 one and two bedroom apartments located on the north side of Pine Ridge Road approximately 1/4 mile east of Airport Road for _0 total of 29.6 acres. Planner McKim stated that lands to the north are zon!d RSF-3 and is Barron Collier High School; lands to the east and south are zoned A-2 and A-2 "ST": to the east is undeveloped wooded land and to the South is Pine Ridga Road and agricultural 13nd; lands to the west are zoned "RO" and "Ro-STÆ and is the YMCA. She noted that staff and all appropriate County agencies reviewed this petition and recomm.nded approval subject to &œendment of the PUD document per the staff report dated November 14, 1985. She stated that the CCPe held their pUblic hearing and at th3t time, Staff added the stipulation that the daveloper/property owner shal1 permit the use of the community center or similar facility within this project as 3 polling place, upon request by the Supervisor of Elections, to which the petitioner agreed. Sne reported that it should be noted that prior to the CCPC public hearing, the petitioner agreed to delete the commercial tract and place 16 units on this Site, therefore, the entire 29.6 acres may contain a maximum of 36B multi-family units. She noted that the CCPC recommended approval of this petition and the PUD document and Master Plan have been revised. She reported that a letter was received from the Collier County School Soard stating that they objected to an emergency exit onto Cougar Drive. She indicated that Mr. Henry Maxant, Commissioner from the North Naples Fire Control District, expressed the desire for a contribution towards capital imçrovement needs. She concluded by stating that staff recommendation is for approval subject to stipulations. Mr. George H~rmanson of Hole, Montes & Assoc., repreaentinq the petitioner, stated that the Developer has agreed and the Fire District 1m 091 ~r.: 330 Page 15 "..._-,-,'~ IDDK 091 PA~r 3"31' Decembe r 17, 1985 has agreed that a contribution of $50 per dwelling unit wil1 be made by the developer. He reported that this project is intended to be a multi-family residential community for moderate income housing, adding that there have been a number of stipulations which the developer has agreed to. He stated that if such an access i. required this would have to be ap~roved by the School Board. He stated that concurrent with this petition, i8 a petition that the developer is requesting that the Commission approve tor the Housing Finance Authority to issue bond financing for the project. Attorney James Slesky stated that Cougar Drive is a School Board road and it is maintained and owned by the School Board. He stated that there is a chain link fence that is locked during evening hours, adding that if this were used as an exit it would create a problem of security purposes for the School Board. He stated that it has been suggested that the developer remove a tree and place a shell bed on the edge and in the event that there were an emergency, if the gate was locked, the lo~k could be cut and the low hedge could be trampled to gaIn access in a true e~ergency. He stated that what everyone wants to avoid is to have this road used as an alternate entrance way to the school or to have it Used as an alternate exit way for the students when they leave the school. He ~~ated that the way it is now, the method Suggested would not be obJectionable to the School Board in a true emergency. Commissioner Holland questioned if there is going to be a stacking lane on Pine Ridge Road, to which Mr. Siesky stated that there will be a median cut for traffic in both directions on Pine Ridge Road and a right turn lane for westbound traffic to go into the project. Jim Jones, Chief of North Naples Fire Department, stated that he has agraed with the developer that they would accept $50 per living unit at the time that the building permit is issued. He stated that he agrees with the emergency access road in an extreme emergency. Co..i.sioner Voss .oY.d, seconded by Commi.sioner Goodnight and carried unaniaously, that the public hearing be clo.ed. Co..i.sioner Goodnight aoved, .econded by Commi.sioner Voss and carried unaniaously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 22 subject to the aboy.- referenced stipulations and the petitioner'. agreement I pag_ 16 .. - - ----....-.., "."."'------,.._""''''.....~------_....,'",."'- .' -"""""'"""""''''''''~-''''~'--''',.."".",.-".,.-,,,,,-,~.,,,,,, , .. .. .. December 17, 1985 ORDIHANCE 85-79 AN ORDINAJlCE MEIIDIJiIC ORDINANCE 82-2 THE COMPREHEHSlVE ZOHING REGULATIONS FOR THE UNINCORPORATED AREA or COLLIER COUNTY, FLORID.\ BY AMEIIDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND A-2 ·ST· TO ·PUD· PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WOODSIDE APARTMENTS FOR 1.5 ACRES OF COMMERCIAL USES AND 28.1 ACRES FOR 352 ONE AND TWO BEDROOM APARTMENTS LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD APPROXIMATELY 1/4 MILE lAST OF AIRPORT ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, FOR A TOTAL OF 29.6 ACRES, AND PROVIDING AN EFFECTIVE DATE. aOOK 091 PAr,t 3'32 Page 17 ---" ^"""'-""--"'-'--' ,"-,...-"'~",....""'.~--'".--.._"""''''--....,,'''''''... ...~--.,-,^",.....~.," .. - .. .. December 17, 1985 Ite. III RESOLUTION 85-266 AUTHORIZING THE HOUSING rINANCE AUTHORITY TO ISSUE NOT EXCEEDING $8,500,000 "ULTI-rAMILY HOUSING REVENUE BONDS FOR WOODSIDE APARTMENTS - ADOPTED Legal notice having been published in the Naples Daily News on , December 1, 1985, as evidenced by Affidavit of Publication filed with the Clerk, pUblic hearing was opened to consider a resolution authorizing the Housing Finance Authority to issue not exceeding $8,500,000 multi-family h~using revenu~ bonds for WO?dside Apartments. COmMi.sioner Voss moved, .econded by Commi.sioner Goodnight and carried unani.ous1y, that tbe public hearing be clo.ed. Commissioner Vo.. .oved, .econded by COmMi.sioner Goodnight and carried unani.ou.1y, that Resolution 85-266 authorizing the Housing Finance Authority to i..ue not exceeding $8,500,000 Multi-family housing revenUe bonds for Woodside Apartments, b. adopted. ~1tO'I; 091 ~334 Page 18 '"'.--.--...-..... .----..-----..--..,-...-..,. .. .. .. December 17, 1985 It.. 112 RESOLUTION 85-267 AMIHDIMG TBI PARKLANDS DEVELOPMENT ORDER TO INCORPORATE REVISIONS WHICH ADDRESS THE ISSUES WHICH ARE THE SUBJECT OF THE APPEAL BY THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL _ ADOPTED Legal notice having been published in the Naples Daily News on December 1, 1985, as evidenced by Affidavit ~f Publication filed with the Clerk, public hearing was opened to consider a resolution amending the Parklands Developm~nt Order to incorporate revisions which address issues which are the subject of the appeal by the Sauthwest Florida Regional Planning Council. Planner McKim stated that the Department of Community Affairs appealed the Parklands Development Order on November 8, 1985, due to transportation deficiencies and the Southwest Florida Regional Planning Council appealed the Parklands Development Order on November 22, 1985, due to transportation deficiencies, including concerns for roadways within Lee County which will be impacted by this development. She stated that the petitioner has presented a resolution which seems to resolve the cancerns of the appeal of the S~uthwest Florida Regional Planning Council, however, the Department of Community Affairs has not stated that the proposed amendments will satisfy their concerns. She indicated that if the State's concerns can be resolved in the near future, one resolution amending the Development Order would be the most efficient way to handle it, but it is her understanding that the petitioner may not be able to resolve the State's concerns. She stated that if this is the case, the Region's appeal could be resolved and the petitioner could continue to work with the State. Tape 15 Commissioner Pistor stated that the main problem is that Lee County was unhappy that Collier County did not have a joint meeting and they have not agreed to approve the rest of the Parklands Development and the modifications made by the applicant have shown that if Lee County does not approve their portion, the proper arrangements will be made so that the traffic can be handled completely within Collier County. Attorney Varnadoe, representing the petitioner, stated that the Regional Planning Council voted unanimously to recommend these changes to Collier County and that would satisfy the appeal. He stated that the developer has no problems with the changes, adding that as far as the State is concerned, thay have no policy and the petitioner is still ~OOK 091·w,' 33B Page 19 --,---=" ao"01( 09111Q3"39 December 17, 1985 waiting for them to Come forth ~ith a pOlicy, but until that time, the petitioner feels th4t he needs to address the Southwest Regional Planning Council's concerns. Co..issioner Voss MOYed, seconded by Co..i.sioner Goodnight and carried unani.ously, that the public he.ring be clo.ed. Co..i.sioner Vo.. aoved, .econded by Co..i..ioner Goodnight and carried unani.ously, that Resolution 85-267 amending the Parkland. Deve10paent Order to incorporate revi.ion. which address the i.sue. which are the subject of the appeal by the Southwest Florida Regional Planning Council, b. adopted. Page 20 .. .. - --~--""~'---;---"'" <',.......~.,..'""--"._""-_.__._,-..........,~.,"'.,..... - - - December 17, 1985 Ite. 113 ORDIlfAJICl 85-80, COMItUJIITY DEVELO,"ENT DIVISION RE AMENDING ORDINANCE 84-89 TO CORRECT TYPOGRAPHICAL ERRORS, AND LEGAL DESCRIPTION ON PROPERTY OP DOMENIC GADALETA - ADOPTED Legal notice having been published in the Naples Daily News on N~vember 15, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to c~nsider amending Ordinance 84-89 to correct typographical errors and legal description on property of Domenic Gadaleta. Plann.r McKim stated that the Board approved Petition R-84-27C on December 18, 1984, and since that time typographical errors and an incorrect legal description have been discovered which should be corr~cted as indicat~d by the amending ordinance. Coaaissioner Vo.. .oved, seconded by COmMi..ioner Goodnight and carried unani.ously, that the pUblic hearing be closed. Co..is.ioner Goodnight .oved, .econded by Commissioner Voss and carried unani.ously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 22: ORDINANCE 85-80 ORDINANCE AMENDING ORDINANCE 84-89, CORRECTING SCRlVENER'S ERRORS AND LEGAL DESCRIPTION, REGARDING DOMENIC GADALETA REQUESTING REZOKE PROM A-2 TO C-2 POR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST. Ite. 114 PETITION SMP-85-CC, WILLIAM ~HNIE, REGARDING WOODLAKE WEST CONDOMINIUM - CONTINUED TO JANUARY 7, 1986 Co..i..ioner Vo.. .oved, seconded by Comais.ioner Holland and carried unani.ously, that Petition SMP-85-4C, Willia. Dahnke, regarding Woodlake Nest Condo.iniua be continued to January 7, 1986. Ite. US ORDINANCE 85-81/RESOLUTION MWS 85-2 PROVIDING FOR ESTABLISHMENT OF SEWER CUSTOMER DEPOSITS WITHIN MARCO WATER AND SEWER DISTRICT _ ADOPTED Legal notice having been published in the Naples Daily News on November 27, 1985, and the Marco Island Eagle on December 4, 1985, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider establishing sewer customer deposits within the Marco 'fiðter and Sewer District. Don Mohler, Utilities Administration Director, stated that this !OOK 091 ~':! 342 Page 21 .._.,'______""',....·.._...___=-_."""""""··'",,._,.,.~~,c...,. , aDDK 091'1'~~3tJ December 17, 1985 item and the next one will be discussed together as they both concern the same sUbject. He noted that the objective is to establish an ordinance adopting Sewer deposits and the intent of the se~er deposit is to insure that the County does get paid for services rendered even if the customer leaves the final bill unpaid. He noted that the fees have been calculated separately but billed on the same bill for both water and sewer. He stated that there is already a water deposit but not a sewer deposit, therefore, he is asking for a sewer deposit to be adopted. He stated that he did an analysis and the single family residence would be a $40.00 deposit and the commercial ~uld be a $100.00 deposit. Co..i.sioner Voss aoved, .econded by Coaai.sioner Bolland and carried unaniaously, that the public he.ring b. closed. Co..is.ioner Holland aoved, seconded by Coaais.ioner Vo.. and ~arried unaniaously, that the Ordinance and Resolution as numbered and entitled below be adopted and entered into Ordinance Book No. 22s ORDINANCE 85-81 RESOLUTION MWS 85-2 ~:LA~~~N~C:EWE~DDE:~~~i~TI~~TH~~ T~~L~~~o ~~~~,~tO:~~R DISTRICT, PROVIDING rOR THE AMOUNT or DEPOSIT AS rOLLOWSs 1) Residential Single family re.idence. only 2) Co.mercial Any commercial, industrial and institutional enterpri.e, including but not limited to sanitarium, domiciliary house., re.ident school, hotels, motels, apartment house., condominiums, roo.ing house., offices, store., re.taurants, warehouse., repair .hop., churche., school. and other facilities which hold the..elve. out to the public a. place. of bu.ine.s. $ 100.00 $ 40.00 PROVIDING FOR DEPOSIT REFUNDS, PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. - - - ---.-..------- - '- ""_,·,·_""_,______'.,....."'·','.,h....",..,'"'""...><..,·..."'", Page 22 .. - - December 17, 1985 Itea 116 ORDIKA»CE 85-82/RESOLUTIOV eNS 85-12 PROVIDING POR ESTABLISHMENT OF SEWER CUSTOMER DEPOSITS WITHIN SrwER AREAS -A-, -B-, -C-, AND -D- OF THE COLLIER COUNTY WATEP-SrwER DISTRICT - ADOPTED Legal notice having been published in the Naples Daily News ~n November 27, 1985, as evidenced by Affidavit of Publication filed ~ith the Clerk, public hearing was opened to consider establishing sewer customer deposits within Sewer Areas WA", We", "CW, and WD" of the Collier C~unty Water-Sewer District. COmMissioner Voss moved, seconded by Comaissioner Hasse and carried unaniaou.ly, that the public hearing be closed. Co..issioner Holland aoved, .econded by COmMis.ioner Goodnight and carried unanlaously, that the Ordinance and Resolution a. numbered and entitled below be adopted and entered into Ordiance Book No. 22. ORDINANCE 85-82 RESOLUTION CWS 85-12 AN ORDïNANCE AND RESOLUTION OF COLLIER COUNTY, PLORIDA, RELATING TO SEWER DEPOSITS WITHIN SEWER AREA -A-, SEWER AREA -B·, SEWER AREA -C·, AND SEWER AREA ·Do OF THE COLLIER COUNTY WATER-SEWER DISTRICT, PROVIDING FOR THE AHOUNT OF DEPOSIT AS rOLLOWSI 1) Residential Single faaily re.idences only 2) Commercial $ 40.00 Any commercial, industrial and institutional enterprise, including but not limited to sanitarium, domiciliary house., resident school, hotels, aotels, apartment house., condominiums, rooming house., offices, store., re.taurants, warehouses, repair shops, churches, school. and other facilities which hold the.selves out to the public as places of business. $ 100.00 PROVIDING FOR DEPOSIT REPUNDS, PROVIDING rOR CONFLICT AND SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. JOO( 091 ~,!346 Page 23 "_, -:-.1: . ) ',. , -",,,,=,",,~,",,·,,_···,,,,,,,,,,,·,"'_",,,_)'____""""_"""""";M'''''"''''''''''"""""...,..,~~ " )o-o·~ Ogl~r-t34,9 December 17, 1985 Ite. 117 PETITION V-85-29, J. KUDRAVY, ARCHITECT, REPRESENTING RAYMOND SMITH, RE A 10 FOOT VARIANCE FR~ fRONT YARD SETBACK fOR PROPERTY ON SOUTHEAST CORNER OF PALH ST. AND EDINGTON PLACE, MARCO ISLAND _ DENIED Legal notice having been published in t.11 Naples Daily News on December 1, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-85-29 filed by J. Kudravy, Architect, representing Raymond Smith, requesting a 10 foot variance from the front yard setback for property on the southeast corner of Palm Street and Edington Place, Marco Island. Planner McKim stated that the objective of this petition is to construct a duplex residence, add~ng that the subject property is zoned RMF-6 and is presently undeveloped. She stated that the p~titioner proposes to have a duplex constructed on the site with a front yard setback on Edington Place of 25 feet instead of the required 35 feet. Sne noted that the petitioner states that he desires the 25 foot front yard setback to be consiste~t with the setback on the adjacent RSF-4 properties t~ t~e south, adding that these properties have been developed with single-family residences. She indicated that despite the fact that the subject pro~~rty is irregular in shape, Staff is oí the opinion that a genuine land-related hardship does not exist. She reported that the property contains approximately 15,180 square feet and meets the minimUIII lot area requirements of the RMF-i! district. She said that the only hardship appears to be one of location or design, adding that the duplex could be shifted to the east or rear of the property and meet the setback requirements. She stated that one lettl!r was received in opposition to this petition. She concluded by stating that Staff is recommending denial of this petition. Commissioner Holland asked if the request is to align it with the house next door, to which Planner McKim replied affirmatively. Mr. D~=~ell March of Anchor Engineering, representing the petitioner&, stated that this is in an Old Marco Subdivision, adding that the size of the lots lend themselves to duplex zoning. He noted that the lot on the corner and the next lot are built at. 25' setbacks, adding that all the lots to the south are 25' setbacks. He noted that the letter received in objection was in reference to setting a pre- ced~nt for Lot 1, noting that Lot 1 would not need a variance because it is less than 14,520 square feet which makes it a non-conforming lot and the Division Director would have the right to adjust the setback. Page 24 - - - - - - Dec.mber 17, 1985 He stated that the petiti~ner's lot is the only one that does not have that type of a setback and it does line up with the single-family to the south. He stated thðt the backyard is very small and the shape of the lot is the reason that the petitioner wants the variance. He stated that the petitioner could set the duplex back further, but the size of the duplex that has been designed for the lot would look bett!r if tne variance is granted. In answer to Commissioner Holland, Mr. Mðrch stated that Lot 37 has a h~use on it with a 25' setback and Lot 39 has a 25' setback with a house under construction at this time. Commissioner Voss asked why Staff objects to this petition in view of the surrounding setbacks, to ~hich Planner McKim stated that under the variance criteria there must be a land-related hardship and that does not take into consideration the adjoining properties. She stated that it means whether the property is unbuildab1e, adding that this is not the case as the petitioner can meet the setbacks and build what he is proposing to build and, therefore, a variance is not needed. Commis~ioner Holland questioned if the rule was not in the books, would it not look better to grant the variance, to which Planner McKim replied negatively, adding that the petitioner may be lining the house up on ~dington Place, but it is not being lined up on Palm Avenue. She stated ~ duplex is a larger bulk house and it appears and is larger than the single family residence which is why the setbacks are increased. She stated that if the setback is met, it would appear and look more aesthetically pleasing. Mr. March stated that the structure that is going up on Palm Avenue to the actual building is 30 feet and then there is a balcony and stairway that g~es into the setback at 25', adding that under the old zoning ordinance this lot would have had a 25' setback. Tap. 16 Planner McKim stated that the petitioner is not requesting a variance for Pal,. Street, adding that he is only requesting a variance for Edington Place. Mr. March stated that according to the Zoning Ordinance, it states that a non-conforming corner lot may be given a variance along the long side, adding that he designed this with this idea in mind due to the fact that Lot 1 would be requesting a variance someday. He noted that there is very little in the way of a backyard on all the lots in the area. ~~or 091 r~r,¡ 3"50 Page 25 ~""'-"""""""""""'-"""'';'''''''''''';-~~''''"'"'%'-"'''~--''''''''''''''".,,-, ,-.-.',-.-, , ;~ 091-l'J~351 December 17, 1985 Commissioner Holland stated that a variance was granted on Lot 39 in the same neighborhood. CoaaiKsioner Vo.. aov.d, .econded by Commis.loner Holland and carried unaniaously, that the pUblic hearing be clo.ed. Coaai.sioner Holland aoved, .econded by Commi.sioner Goodnight that Petition V-85-29 be approved. Upon call for the que.tion, the motion failed, (2/3, COmMi.sioner. Vo.., Basse, and pi.tor oppO.ed). Commissioner Ha... aoved, .econd.d by Commissioner Voss and carried 3/2, (Co.-i..ioner. Goodnight and Holland oppos.d), that Petition V-85-29 be denied. It.m 118 RESOLUTION 85-268 RE PETITIOK V-85-30, MARCELINO AFAMADOR RE VARIANCE rOR SIZE OF GUEST HOUSE OM PROPERTY LOCATED ON EAST SIDE or TRAFFORD FARH ROAD, IMMOKALEE - ADOPTED, SUJBECT TO STIPULATION Legal notice having been published in the Naples Daily News on December 1, 1985, as evidenced by Affidavit of Publication filed with the Clerk, rubli~ hearing was opened to consider petition V-85-30, Marcelino Afanador requesting a variance for the size of a guest house on property located on the east side of Trafford Farm Road in Immokalee. Planner McKim stated that the objective is to have a guest house the same size as the principal dwelling, noting that the subject property is zoned "A-2 MH- and is approximately 5.06 acres. She stated that this zoning district permits one dwelling unit per five acres and the petitioner currently has two mobile homes on the property, each containing 672 square feet. She reported that the mobile home designated as the principal residence is hooked-up with utilities and is occupied and the second mobile home, the proposeá guest house, is not hooked-up to utilities and is not occupied. She reported that the second mobile home, along with a third one that was removed from the property, were red-tagged earlier this yeür. She indicated that as a result of the 8oard-imposed moratorium on certain zoning violations in certain areas of Immokalee, the second illegal mobile ho~e on the subject property can remain on-site but cannot be hooked-up to utilities and cannot be occupied. She reported that the Zoning Ordinance allows guest houses on property greater than one acre, however, a 9u~st house may not be more than 40\ of the size of the principal dwelling. She stated that in the mobile home overlay districts, mobile homes are ðllowed as principal structures and, Page 26 - - - - - - December 17, 1985 therefore, if another mobile home were to be used as a guest house, ý variance would be needed. She indicated th~t Staff recommendation is for denial, but if the variance is granted it should be noted that the mobile home ~esignated as the guest house W?uld have to be moved north at least 10 feet as it presently encroaches upon th~ 30 foot side yard setback requirement. Commissioner Goodnight stated that Mr. Afanador stated that he was told that the trailers could be put on the property, but then it was found that this was one of the sections that the zoning had been changed. She reported that the section next to it, which is the Hdbitat for Humanity, has a house on every half acre. She stated that the zoning is not consistent and it has to be changed. She stated that she feels that until this area can be zoned properly, the variance s:l.,uld be granted. Commissioner Hasse stated that this is compounding a problem and it will not reso~ve anything. Commissioner Goodnight stated that in 1982, Staff rezoned Immokalee and they did not check into what Was being rezoned. She stated that Some people have had been allowed permits to build and other people have not. Planner McKim stated that from discussions regarding the moratorium and the Immokalee Master Plan, there is expected to be some inconsistencies in the zoning of Immokalee with the actual land us~s. She noted that in about four months, the rezoning should start and she would suggest that this matter be held off until that time. She stated that this could be creating a non-conforming situation. Commissioner Holland questioned how many trailers are on the road across the street from the Stockade, to which Commissioner Goodnight replied that there are about five or six. Commissioner Holland stated that those trailers have been there for about five or six years and no one ever questioned them. An interpreter for Mr. Afanador stated that there are other properties around that are not a, big as his and they have other trailers. He stated that he has five acres and there is plenty of room for the other trailer which will be used by him and his family. Planner McKim stated that there are different size lots in this area and they are all legal non-conforming lots. Commissioner Hasse stated that the guest house cannot be rented and it must be only 40\ of the size of the main dwelling_ ~O~K 091 rr:r352 Paga 27 >. .IonK n91~-;J5a December 17, 1985 Commissioner Pistor stated that he would like to suggest that the moratorium be continued until the final zoning regulations for the area have been completed and approved by the Board and this petition could be settled at that time. Commissioner Goodnight stated that Mr. Afanador has to rent a trailer now because he put his oldest son in the principal residence and he needs to be able to hook up the quest trailer so that they can live in it. She stated that he could have permission to set one trailer on 2-1/2 acres and the other trailer on the other 2-1/2 acres and if that area is zoned that way, he would not be illegal. Mr. George Keller representing Collier County Civic Federation, stat~d that this is not a guest house problem at all, adding that the prop~rty should either be rezoned or the trailer should not be put there at all. He stated that he would like to have Staff review the guest house problem as they are no longer guest houses, they are being rented out. He stated that no further quest houses should be allowed to be buil t. COmMi.sloner Has.e aoved, .econded by COllllissioner Voss and carried una~iaou~ly, that the public hearing b. closed. COlllli.sioner Has.e aoved that Petition V-85-30C be denied. Motion died for a lack of second. COllllissioner Holland aoved, seconded by COlllli..loner Voss and carried 4/1, (Coaaissioner Hass. opposed), that Re.olution 85-268 re Petition V-85-30C, Marcelino Afanador, re variance for size of guast house for property located on the east side of Trafford rarm Road, Immokalee, be adopted .ubject to complying with any future zoning changes when the lDaokalee Master Plan i. adopted. Mr. Afanador stated that he would comply with any future 20ning regulations. Page 28 - - - "-~~'-""""'-"'"'''''~'' ..-.,_.,'--''''''' "''';''''''''''~'~-''''''''''~'--''~''''-''"'''''''"'--'''---",.,..-..,-,,,,.""_.«._,._......_~""';._"';""""~,......-.,-""",'''',,..(._.. -,..··"'_._~_,""".'4=_=~...~.."'.,,,.,...,...,_,,._,.."...""'_,,._~___., - - - December 17, 1985 Itea 119 RESOLUTION 85-269 RE PETITION PU-85-l9C, STAHLEY MCDONALD, REPRES&N~!NG CONSTANCE rARRIS, RE PROVISIONAL 05£ 3.·.· of RSF-4 DISTRICT FOR AN OWNER-OCCUPIED CHILD CARE CENTER ON NORTH SIDE OF SAM MARCO ROAD, MARCO ISLAND - ADOPTED. PETITIONER'S AGREEMENT AND FINDING OF FACT ACCEPTED Planner McKim stated that the objective of the petition is t~ operdte an owner-occupi~d day-care center. She stated that the lands to the n~rth, s~uth, east and ~st are z~ned RSF-4 .~ nd to the s~utheast, lands are zoned RMF-12. She reported that lands immediately adjacent to the north, east and ~st are vacant and to the s~uth is a vacant lot and Balfour Drive. She stated that to the s~utheast are single-family residences and multi-family residences to the southwest. She reported that the subject property is an appr~priate location for a child care center due to its proximity to an elementary school, a mUlti-family development intended for y~ung professionals across the street, and rli:vct access to San ,~rco, a major road on Marco Island. She stated ~hat Staff and all appropriate a;encies reviewed the petition and r~commended approval subject to t~e stipulations in the Executive Summary. She reported that the CCPC held their public h~aring and recommended approval subject to Staff's stipulations with th9 amendment of Stipulation -F-. Tap. '7 Planner McKim stated that one petition of support with 100 signatures was received. She noted that at the CCPC, one person spoke in favor of this petition and no one spoke against it. She stated that there are plans for 21 children and there is a maximum of 25 children according to the Zoning Ordinance. Coa.i.sioner Voss aoved, seconded by CO..ission.r Goodnight anj carri.d unani.ou.ly, that R.solution 85-269 re Petition PU-85-l9C, Stanl.y MCdonald, r.pr. Constance Farris, r. provisional us. 3.... of RSF-4 district for an own.r-occupi.d child care c.nt.r on the north .id. of San Marco Road, Marco Island b. adopt.d subj.ct to the stipulation. contained in the petition.r'. Agr....nt and the Finding of Fact b.ing acc.pted. aOOK 091w.t356 Page 29 .,._---,.......~""' >"~._.._.."-""'.~"""'."'...,-_.,..,.,-",,...-_.,--"'>. , .. - .. December l7, 1985 ..... Rece..1 12.20 P.M. - Reconvened. 2100 P.M. ..... Ite. '20 RESOLUTION 85-270 REQUESTING PROVISIONAL USE 8.10(B) OF THE A-2 ZONING DISTRICT FOR A RESOURCE RECO¥ERY rACILITY FOR PROPERTY AT THE NAPLES LANDFILL - ADOPTED. P~TITIONER'S ACREEMENT . FIBDING OF FACT ACCEPTED Planner McKim stated that the objective of this petition is to construct and operate a reSource recovery facility, adding that all surrounding lands are zoned A-2 and are undeveloped. She noted that Landfill Road is approximately 200 feet to the south and the landfill weigh scale is approximately 300 feet to the west. She not~d that the edge of the landfill is approximately 500 feet to the north and a single-family residence is approximately 800 feet to th~ northeast. She stated that all adjacent surrounding properties are owned by the County, are undeveloped, and approved to be develop3d as a landfill and the proposed u~~ of the property is less offensive than a landfill from a standpoint of odor and aesthetics. She noted that the proposed resource rec~ve'y plant is compatible with adjacent properties. She indicated that Staff and all appropriate agencies reviewed this pe~ition and recommended approval subject to the stipulations outlined in tt.e Executivo SUTllMry. She indicated that the CCPC held their put1ic hearing and recommended approval subject to the stipulations based on the Findings of Fact. Commissioner Pistor questioned if this complies with all zoning requirements to which Planner McKim replied affirmatively. Commissioner Holland stated that the provisional use is sort of jumping the gun as the resource recovery facility has not been finally approved. Commissioner Pistor stated that the contract cannot be signed unless there is property to be able to put the facility on, adding that if the contract is not signed then the provisional use can be retracted, but this is to show the contracting company that the site land is available to build such a facility. County Manager Lusk ~tated that this is guaranteeing the contracting comFany that they will be able to use the land and this is the appropriate time to do it, before the County guarantees such in a contract. He stated that this would not have to be repealed because it could still be used for a landfil1. Assistant County Attorney Cuyler stated that the provisional use ;O~K 0911':<:~ 3"62 Page 30 "'~'----"""''''- "'^'-' _"'-"'..."."..._.~,~v,.,''''''__.............___~ ...£j I______~-"'- ~-.,.".".", "_"'_"__·""''''''',",m'''''''';'.''''''.>,-,~,;",,,_'_ '..,_."__.."",,,," aOOK 091 n'¿ 363 December 17, 1985 is necessary to build tne facility and if the facility the provisional use wll1 expire after a period of time grants an extension. Commlsslon~r H~lland questioned how the County can guarantee that this land can be used, when the County does not have a permit? County Mðnager Lusk stated that the County can guarantee the land can be used for such a facility, but the County cannot guarantee that the State will give a permit to build such a facility, adding that there will be a provision In the contract that will let the County out of the deal if a permit cannot be obtained. Commissioner Plstor stated that on the second page of the application under Item 10, It says the reason that application should be approved, noting that he shoulå also have put in that it is to cover and reuse as many materials as possible. He noted that also under Staff Report on Page 16, Item 2, It should read: -Emissions will be reduced by tn~ use of stack scrubbers if necessary-. Mr. Bob Krasowski, representing Collier ~~unty Democratic Environmental Committee, stated that he understands that projects of this type when built on 10 acres or more require a County EIS and he wo.~d like to know if this was taken into consideration? Plðnner McKim stðtud that the property for the provisional use is less than ten acres an~, therefore, an EIS 1s not required. Mr. Krasowski questioned if the storage facility for wood chips and tires will be located on-site, to which Assistant County Mðnager Dorrill stated that the site plan that he has seen shows the facility for the storage of tires, wood chips, etc. on'!site. Mrs. Westman, representing the League of Women Voters, stated that with regards to the conditions under which this plant would be constructed, the staff report indicates the same regulations that would apply to anyone else and they are spelled out. She stated that she agrees that it is important to have the site approved since it would be a part of the contract and the appropriate time is now. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unani.ously, that Re.o1ution 85-270 requesting provisional use 8.10(B) of the A-2 zoning district for a resource recovery facil!ty for property at tbe Naples Landfill be adopted subject to the Petitioner'. Agreement and that the Finding of Fact be accepted. 13 not bull t, unless the Board Page 31 .. .. - December 17, 1985 BOOK Og1,,~r'ía6.9 Ite. '21 LABDSCAPE AGREEMENT WITH A. GAIL BOORMAN , ASSOCIATES TO FURNISH A MASTER LANDSCAPING PLAN FOR SOUTH BARFIELD DRIVE WITHIN THE MARCO ISLAND BEAUTIfICATION HSTU - APPROVED Public ~orks Administrator Kuck stated that this item is to approve and execute an agreement for landscape architect services to provide a Landscape Master Plan for the South Barfield Drive area within the Marco Island Beautification MSTU. He stated that he received a letter from a resident of Marco Island requesting that instead of going ahead with the landscaping of the Barfield area that the South Collier area be continued. He stated that O~ September 17, 1985, the Board approved a final consultant ranking for RFP '846 as selected by the Marco Island Beautification Committee and authorized the committee to negotiate a contract with the number one ranked firm, Arthur J. Nel~r~nn. He noted that during the process of neogitating, Arthur J. ~~wmann vOluntarily withdrew from consideration and subsequently, ~egotiations were conducted with the second ranked firm, A. Gail Boorman' Associates, who has agreed to perform the minimum services specified under Section 2, Exhibit -A- within 75 calendar days for a lump sum fee of $5,880.00. He noted that following negotiations with the consultant bv the Advisory Committee and the staff, it was concluded that A. Cail Boorman' Associates is adequately staffed and qualified to perform all services specified under the proposed Consult- ing Landscape Agreement and that the contract payment of $5,880.00 is both just and equitable. Mr. Joseph Christy, representing Marco Association of Condo- miniums, stated that he has no input regarding the choice of the landscape architect, but he is concerned with the priorities of beautification. He stated that the middle lane on Collier Blvd. has been modified about halfway, but no modifications beyond that point. He stated that if the B~autification Committee is trying to beautify Marco Island they should be beautifying Collier Blvd. before they do South Barfield Drivo. Commissioner Pistor stated that the Beautification Committee meets with a member of the County staff and the idea was to develop the plans for all of Collier Blvd., South Barfield and so forth which will be the Master Plan. He stated that at that time, it will probably go out for bid for the entire thing. He stated that if all of South Collier can be done, then it will be. He noted that after everything is put in Pago 32 - - - - - - December 17, 1985 order it has to Come back to the Board. He stated that this is to approve a landscape architect for South Collier Blvd. Tape 18 In answer to Commissioner Holland concerning the payment of invoice, Assistant County Manager Dorrill stated that typically the Board does not approve invoices for pa~ent, adding that they pay within 30 days of invoice as long as the invoice is correct. Mr. Dorrill stated that final payment would not be made until the Board accepts the design, but he would be happy to verify such and bring it back to the Board if there is !ny change required. Co..issioner Holland aoved, seconded by Co..ission.r Bass. and carried unani.ou.ly, that the Landscap. Agr....nt with A. Gail Boorman , Associat.s to furnish a Master Landscaping Plan for Soutb Barfi.ld Drive within the Marco Island B.autification Municipal Service Taxing Unit be approved. ~OOK 091 P~'.r 370 Page 33 ""~~"""'...."-",-,."--"""""",,,,,,---,..., , - - - December 17, 1985 It.. '22 BID .85-923 FOR FLEET OPERATIONS VEHICLES - AWARDED TO VARIOUS VENDORS Legal notice having been PUblished in the Naples Daily News on N~vembor 15, 1985, as evidenced by Affid~vit ~f Publication filed with the Clerk, bids were r~ceived for Bid .85-923 for Fleet Operations V~hicles until 2:30 P.M., December 4,1985. Tom Olliff, Fleet Management Director, stated that this is for some fleet replacement vehicles for the motor pool. He stated that bids were sent out and this is the first part of a six year replacement cycle that has been instituted. He noted that the total cost for the thirty-five vehicles is $341,434.34. He stated that there was enough revenue cð~:le~ forward from last year, so that there was enough cash on hand to take advantage of a lower cost at a fleet buy. Commissioner Holland aoved, .econded by Commissioner Hasse and carried unaniaously, that Bid '85-923 for Fleet Operations Vehicle. be awarded to Taylor Chevrolet in the amount of $192,291.18 for 20 vehicles: Tamiami Ford in the aaount of $121,068.00 for 13 vehicles; Galloway Ford in the a.ount of $14,429.36 for one vehicle; and Gallman GMC in the aaount of $13,648.80 for one vehicle, being in the be.t interest of the County lte. .23 ALTERNATE -A·, 1 PLANT, SEWAGE TREATMENT PROCESS OF OXIDATION DITCH TO BE USED IN PRASE II SEWER MASTER PLAN FOR PART OF SEWER AREAS -S- , -C. AND ALL OF SEWER AREA ·C· - APPROVED. STAFF DIRECTED TO LOOK FOR SITE Utilities Director Crandall stated that several months ago, Staff was authoriz~d to proceed with a Master Plan for the south half of the County with Hole, Montes and PRC as Engineers of Record. He stated that the north half of the County was not addressed at this point because there is a sewer plant there which is capable of being expanded. He stated that in the south and east Naples area that was studied, there are about 50 existing package plants ranging from 1,500 gallons per day to about 150,000 gallons per day which does not include the Glades, Lely, or the Foxfire plant. He noted that there is a large concentration of septic tanks in the east area, also. He reported that the 201 Facility Plan will include all these areas together into a Comprehensive Plan that will be presented for the grant money appli- cation. He stated that if this is approved, the Master Plan will be finalized and a document will be pres~nted so that it can be used for ~o~~ (J[JJlp.r.~~'~~ Pag~ 34 _......,"""""",=",...,........ _.',".,.",~.,,",. .,. IgO~ 091PA~.¡383 December 17, 1985 plan approvals and large project approvals. He stated that this will be a great aide in future developments. Mr. Tom Taylor of Hole, Montes, Associates, stated that they need information in order to finalize this document. He noted that the northern b~undary is the Golden Gate Car.al which extends 2 miles east of C.R. 951 and d~wn to the fo'.arco River, along the Gulf of Mexico on the west and bordering the City limits on the east. He referred t~ three different alternatives for plant sizes; Alternate "A·, 1 plant at 8 MaD; Alternate ·B", 2 plants tota.ing 8 MGD; and Alternate .C., 3 plants totaling 8 MGD. He noted that they also investigated three possible types of sewage treatment processes; Oxidation Ditch; Activated Sludge; and Rotating Biological Contractors. He reported that they would recommend that the one sewage treatment plant be constructed using the oxidation ditch treatment process to serve the Sewer Master Plan area. He stated that they wanted to construct a plDnt that would provide service for the current needs and the near future needs which would be with the single plant, adding that once the site is selected and the plant is built, all customers of the system will know where the waste has to go to. He noted that they wanted to remain compatible with the EPA regionalization concept. He stated that EPA and DER would approve this and hopefully, some grant money can be obtained. He noted that there are going to be a lot of golf cour3es aVâilable for disposal of effluent, adding that a single plant would be best. He rep~rted that this gives one source of treatm€nt, one site for deNatering, as well as transport from only one site. Tape '9 Mr. Jon Dyer of p~c Consoer Townsend, stated that they looked at three treatment process alternatives, adding that they tried to make a selection that would be in the bast interest of the County today and in the future. He stated that the oxidation method turned out to be the cheapest, both capital investment and operation and maintenance. He stated that they also lor-ked at other factors like reliability, staff experience and ease of operation. He stated that he is recommending that the oxidation ditch process be approved. Commissioner Holland stated that after he studied the material, he felt that the single plant would offer more advantages to the County with the oxidation ditch process. Coamissloner Voss aoved, seconded by CoamissIoner Bolland and carried unaniaously, that Altarnate -A-, 1 plant and sawage treatment paga 35 - .. .. .'..--'''--- .. .. .. December 17, 1985 process of oxidation ditch to be used in Phase II Sewer Kaster Plan for part of Sewer Areas -B- and ·D· and all of Sewer Area .C. b. approved. Coamissioner Voss aOV1d, .econded by Commi..ioner Holland and carried unanimously, that Staff be directed to look for a site. ltea '24 WATER AND SEWER FACILITY APPROVALS FOR DEVELOPMENTS DURING HOLIDAY PERIOD - APPROVED Assistant County Manager Dorrill stated that this is to approve r~utine acceptance of utility facilities with the approval of the County Attorn~y's office and the Utilities Division during the next 3 to 4 weeks while the 8?ard is away during the holidays. Coaaiaaioner Holland aoved, seconded by Com.issioner Voss and carried unaniaoUSly, that the water and .ewer facility approvals for develoPftents during the holiday period be approved. Ite. '25 CHAIRMAH AUTHORIZED TO EXECUTE INTERLOCAL AGREEMENT WITH THE CITY or NAPLES RE PROVIDING SOLID WASTE FOR THE RESOURCE RECOVERY PROJECT Assistant County Manger Dorrill stated that the intent is to advise the Board regarding the on-going negotiations. He stated that there is not a contract available at this time, adding that he expects t~ make a recommendation to the Board at the special meeting on Thursday. He stated that he needs authorization from the Board to execute an Interlocal Agree~ent with the City of Naples which provides for the solid waste generated within the City of Naples for a period of 25 years, and such cost and fees will be negotiated, and that the County in turn agrees to allow the City to operate its current Type III landfill for yard waste on Goodlett. Road and that the County will agree to dispose of sewage sludge that is acceptable at the facility. He stated that it will be entered into the Board record and the City has executed the agreement which was approved by the County Attorney's office several ~onths ago. He stated that he is asking that the Board execute the Interloca1 Agreement. County Manager tusk stated that this agreement needs to be signed before a contract for the res~urce recovery plant is signed. Coaai.sioner Holland aoved, seconded by Commissioner Voss and carried unaniaouSly, that the Interlocal Agreement with the City of Naple. regarding providing solid waste for the Resource Recovery project be executed. Mr. Bob Krasowski spoke against the resource rec~very project &O-OK 091w.r3S4 Pagi! 36 --,'""",--.~".."""~'-"-"-'- 091 385 December 17, 1985 lOOK N~~, . citing that there is not an urgency for such a plant at this time and other alternative. could be investigateð, there will be excessive burning which means ex~es.ive pollution, and a garbage monopoly. Mr. J. C. Caruthers, representing Energy Research Institute, stated that they will need garbage to make their alcohol which in turn is made into a high protein animal food and if a resource recovery project is instituted, they will lose their access to the materials and they want to protect themselves. Tape 110 Mrs. Jan Krasowski presented a petition from the Golðen Gate ~iddle School Advisory Committe. and a petition with 41 signature. from residents of Marco Island in oPposition to the Resource Recovery Project. Mrs. cnarlotte W9staan stated that Dr. Polkowski indicated that a well operated plant should pose no health hazards from emissions as indicated in the petitions that were presented. NOTE: DOCUME!rr HOT RECEIVED IN OFFICE OF CLERK OF THE BOARD AS OF 1/10/86. Page 37 .. - - ·____~-.._..~....~"m'"."'.~"'_.....;.,~'"'^.~_."~.__"__.,,~..._.,_W><oÞ»<.".__ -"""''"''-'_...'_._-"",,,,,-~,,,,"."....,,. - .. .. December 17, 1985 Ite. 126 CHAIRKAH AUTHORIZED TO EXECUTE CONTRACTS POR ARCHITECTURAL SERVICES BETWEEN THE DESIGN ARTS GROUP, INC. AND THE BOARD rOR THE PROPOSED HEALTH SERVIaES BUILDING Facilities Manager Skip Camp stated that in 1984, Staff propos9d a tw? story building to house the Medical Examiner's office, th~ Health Department, the Social Services Unit, Veteran's Services, and Public Services Administration. He stated that the cost of the construction was estimated to be approximately $2.3 million and incorporated a 22,000 square foot structure. He stated that a contrAct for archi- tectural services has been negotiated for $193,000 and incorporates all phases including programming and interior services and represents less than 8-1/2\ of the construction cost and is only for County Health ~pHtment facilities. County Manager Lusk stated that there was originally ·$1 million funded for this contract, but the 22,000 square foot building will cost approximately $2.3 ~illion and he is hoping that the State will fund the additional $1 million. He stated that if it is not funded, the project will be cut down. Commissioner Voss .oved, seconded by Commi..ioner Goodnight and carried unanimously, that the Chairman be authorized to execute contracts for architectural .ervice. between The Design Arts Group, Inc. and the Board for the proposed health .ervice. building. ~oaK 091pv,~386 pag e 38 , ~ODK OQ1 mr415 Ite. IYt' December 17, 1985 ROUTINE BILLS - APPROVED FOR PAYMENT Pursuant to Resolution 81-150 the following throUJh Fr iday, December 13, 1985, in payment of CHECK DESCRIPTION CHECK NOS. checks were issue~ routine bills: AMOUNT Vend-;¡rs 135653 - 136926 227119 - 23379 $2,064,460.16 $ 271,088.02 BCC Pa yroll Ite. 128 BUDGET AMENDMENTS 86-87/92 - ADOPTED Co.missioner Holland .oved, seconded by Commissioner Goodnight and carried unanimously, that budget amendments 86-87/92 be adopted. Ite. 129 RESOLUTION 85-271 AUTHORIZING ACCEPTANCE or 22 ACRES OF PROPERTY ALONG VANDERBILT BEACH ROAD AND DECLARING 13 TO 15 ACRES AS THE BEST USE FOR A CULTURAL CENTER FACILITY - ADOPTED Commissioner Voss stated that several weeks ago the Board expressed their intent to provide real property as a site for the construction and operation of a cultural center facility and W~sting- house Communities of Naples agreed to deed to the County sufficient land for that, plus land that they were originally obligated to deed to the County upon build-out of the project. He stated that they agreed to this far ahead of schedule and the land is located on Vanderbilt Beach Road near the North Collier Library site. He stated that about 13 to IS acres are necessary and proposals have been solicited from interested bidders for the purpose of constructing and operating a cultural facility. He noted that one bid was received from the Naples Cultural Foundation, Inc. He stated that the on Page 2 of the resolution which he is asking to be adopted, Item ·C· should have 18 months with an 18 month extension for good cause inserted in the blank. Assistan~ County Attorney Cuyler stated that he would add a sentence that states that in the event that the reverter clause becomes operative, then the PUD commitment for the acreage that has not been deeded will again become operative, also. He stated that he will have to negotiate exactly what the u~es on the premises will b~ and that lease agreement will come back to the Board for approval. Paglt 39 - - - _,"~_,...___",_...,___",,,,_...,,,,,.,,,,..,,,^,j,,,~;'¡'··_;",',"i.'·.';......."'..."."...~,,"""....._, - - - December 17, 1985 Coamissloner Voss aoved, seconded by Com.issioner Goodniqht and carried unanimously, that Resolution 85-271 authorizing acceptance of 22 acres of property along Vanderbilt Beach Road and declarinq 13 to 15 acres as the best use for a cultural center facility be adopted. 800K 091 w.~ 416 Page 40 , aoo( 091 PAG( 425 December 17, 1985 ... Co.missioner Voss .oved, seconded by Commissioner Goodnight and carried unani.ously, that the following ite.. be adopted and/or approved under the Consent Agenda: ..... Ite. f30 ADDENDUM TO AGUEMEXT WITH UPJOHN BEALTHCARE SERVICES INC. Rr: COMMUNITY CARE FOR THE ELDERLY FUNDS See Pig.. 1./-3/f-~ Ite. '31 EXCAVATION PERMIT NO. 59.230, PELICAN BAY MITIGATION POND, WITH STIPULATIONS 1. No exclvat"!c! material sh!lll be removed from the project site. 2. No discharge of groundwater will be allowed during, or fOllowing, construction other than by natural means. 3. The bottom of the pond shall be set at elevation -3.4' ngvd. Ite. 132 FINAL PLAT OF WINDSTAR, WITH STIPULATION. CONSTRUCTION MAINTENANCE AGREEMENT See Pig.. tf3t -/l3 r Final plat not to be recorded until the required improvements have bcen constructed and accepted or until approved security is received. Ite. 133 PURCHASE OF PLOTTER, DIGITIZER PAD AWD MASS STORAGE DRIVE FOR THE .~ ROADS SECTION COMPUTER AIDED DESIGN AND DRAFTING SYSTEM Plotter - Houston Instruments ~~ss storage drives Digitizer pad Computerland Computerland Florida Design Automation $5,430.00 4,086.00 840.00 It.. '34 RIGHT-OF-WAY AGREEMEYT WITH EDWARD L. CONNOLLY, JR. RE WIDENING OF S.R. 951 BBTWEEN U.S. 41 AND MARCO ISLAND See Page 13 f -'/-..i.() Page 41 - - - - .. ... December 17, 1985 Ite. .35 QUIT CLAIM DEED TO POREST LAKE VENTURE, AND ACCEPTANCE or TWO EASEMENTS RE LOCK LOUISE PUD Su paq.. 4 J.j/ - 4#..:) It.. 136 ADDITIONAL EQUIPMENT OPERATOR II POSITION IN THE SOLID WASTE DEPT. It.. 137 ADDITIONAL PROPESSIONAL SERVICES PROH WILSON, MILLER, BARTON, SOLL AND PEEK, INC. rOR PRQJECT PERMITTING AND DESIGN or A WATER CONTROL ~. IN CONJUNCTION WITH PROPOSED POUR-LANING or AIRPORT-PULLING ROAD, JaT. PINE RIDGE RD. TO JCT. C.R. 846 Ite.. .38 EXCEPTION TO PURCHASING POLICY POR PURCHASE OF LIBRARY COPIER Ite. '39 AGREEMENT W/STATE or rLORIDA rOR PEDERAL GOVERNMENT LAND AND WATER CON- SERVATION PUND GRANT RE EAST NAPLES COMMUNITY PARK. RESOLUTION 85-272 AUTHORIZING ACCEPTANCr. or GRANT AND EXECUTION OF PROJECT AGREEHENT Se. paq.. ¡./.lff - L/-tf.6 Ite. 140 COYTRACT rOR 1986 UBDER OLDER AMERICANS ACT TITLE III PROGRAM AWARDED TO DIAL-A-NURSE S.. Paqu IDIE: SEE BID /1785 Ite. '41 CERTIFICATES FOR CORRECTION TO THE TAX ROLL 1985 Numbers ~ 61 thro\Y, h 113 11/19/85-12/12/85 1985 Tanqiblø Personal Property 1985-61 1985-63 through 1985-81 11/27/85 11/27/85-12/13/85 Ite. 142 EXTRA GAIN TIME rOR INMATE NOS. 36334, 48014 AND 48924 ~D~K 091 PAr.£ 426 Page 42 ~.,___,.. 'II' .' . '... '. " lOOK 091 ~Jf,r 427 It.. 14 3 MISCELLANEOUS CORRESPONDENCE rILED AND/OR REFERRED Decembor 17, 19B5 There being no objectiolJ, the Chair directed that the follo....ing correspondence be filed and/or referred to the various departments as indicated bel 0....: 1. Status Report received 12/06/85 from Big Cypress National Preserve re General Management Plan. Referred to Vickie MUllins, filed. 2. Letter dated 12/02/85 from Douglas L. Fry, DER, re short form application File No. 111127445 re dredge and fill permit. Referred to Vickie MUllins, Dr. Proffitt and filed. 3. Copy of letter dated 11/20/85 from Earlene J. Williams, DNR, to I.L.S. CORP. re advance notice of expiration, Permit File No. A-CO-5B MI. Referred to Pam Brangaccio, Vickie Mullins, Dr. Proffitt and filed. 4. Final Order from DNR received 12/06/85 approving Permit No. A-CO-128, permittee G.S. of Marco, Inc. keferred to Pam Bran9accio, Vickie MUllins, Dr. Vroffitt and filed. 5. Letter dated 12/03/85 from FEMA, John L. Matticks, Acting Chi&f, Risk Studies Division ro final flood elevation determi- nation for the Unincorporated Areas of Collier County. Referred to Ke." Cuyler w/letter and Tom McDaniels ..../all attachments and fil~d. 6. l'emorandum dated 12/03/85 from James Giles, Fiscal Officer to Tom Crandall regarding an executIve summary requesting approval to proceed ....ith update of the 201 Facilities Plan for Collier County. Filed. 7. Notice of Voluntary Dismissal with Prejudice received 12/05/85 from the Land an::! Water Adjudicatory Commissi)¡. re Development Order No. 8503 ~nd Or-d. 85-17, DRI kno',m as Lely. Referred to Burt Saunders, Pam Brangaccio, Vickie Mullins and filed. 8. /'btion for a fure Definitive Statement received 12/09/85 from the Land and Water AdjUåicatory Commission re Paragraphs 6.B and 6.C of the potition regarding Development Order No. 85-4 and Ord. 85-46, DRI known as Parklands. Referred to Pam Brangaccio, Vickie Mullins and filed. 9. Minutes A. 12/05/85 agenda for CCPC B. 11/13/85 EMSAC and 12/11/85 agenda C. 09/26/85 Li brary J.:1visory Board D. 11/20/85 City Council Page 43 - .. l1li ""'-''''''----,'''.._~'"...,..,., - - .. December 17, 1985 10. Copy of letter dated 12/09/85 to Hr. George Archibald from Mrs. 6immons, with a petition on b.half of the Port-Au-Prince Property OWners Assoc. re blacktop paving of Ocho Ri~s, Moonbay and Isle St. Thomas Streets in trailer park. Filed. 11. Memo dated 12/05/85 from 5t~phen J. Scott, Finance Office, Public Defender, re Conflict Fund Balance as of 11/30/85. Referred to Lori Zalka and filed. 12. Letters of objection to the River Reach PUD project from: Mr. Robert R. Quintal, Pres. Coconut River Estates Mr. & Mr s. Newt L (\of Mrs. Elizabeth Hall Mr. , Mr s. Fr ank sa rto Mr. , Mrs. L. P. Walsh Petition from taxpayers of Collier County Mr. & Mrs. Donald W. Scheer Mr. & Mrs. Richard T. Crofts Mr. Jerry L. Sealy, City of Naples, Airport Authority Mr. Thomas J. Collins Letters in favor of River Reach PUD project: Mr. Ronald H. Bell, Bell-Haley, Associates Mr. Thomas C. Shields, Collier County Bldr. , Contr. Assoc. All letters referred to Missy McKim and filed. 13. Letter dated 12/05/85 from Robert L. Patton, Controller, TdX Collector, re distribution of current ad valorem tax. Referred to Lori Zalka and filed. 14. Public Notice dated 12/01/85 from U.S. Army Corps of Engi- neers rd Final Feasibility Report on Kissimmee River, Fl. Referred to Vickie Mullins, Dr. Proffitt and filed. 15. Letter dated 12/0S/85 from Raym~nd R. Wooten objecting to any restrIctions that the Board might impose that would restrict him from improving his property. Referred to Pam Brangaccio, Vickie Mullins and filed. It.. '44 CONTRACT WITH CREDIT BUREAU or NAPLES rOR COLLECTION or PUBLIC DEFENDER LIENS S.. Pagu 4 <J 7 aoo'K 091 mE 428 .' 1 :1 ' Page 44 '-.-."-.......""-.----...,""'-....."<"...,,...^ , lOOK 091 PA',r 42,9 December 17, 1985 It.. 14 5 ORDINANCE 85-83 AMINDING ORDINANCE 85-21 AND ORDINANCE 77-48, LELY BAREFOOT BEACH PUD TO PROVIDE FOR REVISIONS WHICH ARE PART OF THE PROPOSED SETTLEMENT or TWO LAWSUITS - ADOPTED. TWO SETTLEMENT AGREEMENTS FILED BY ROBERT B. BLADES AND THE CONSERVANCY, INC. AGAINST LELY ESTATES, INC. AND COLLIER COUNTY - APPROVED Legal notice having been published in the Naples Daily News on November 27, 1985, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance amending Ordinance 85-21 and Ordinance 77-48, Lely Barefoot Beach PUD to provide for revisions which are part of the proposed settlement of two lawsuits. Assistant County Attorney Cuyler stated that there is nothing that is detrimental to the C~unty's interest with regard to amendments to the PUD document, adding that Staff has reviewed it and it is accept- able. He stated that there are two separate agreements, adding that one is for Robert H. Blades versus Lely Estates and Collier County and the other one is the Conservancy, Inc. versus Lely Estates, Inc. and Collier County. He stated that the agreements with regards to the Blades suit is exactly as the documents reflect and in the other case there ~as not time t. make additional typing, but on Page 3 of the Conservancy versus Lely and Collier Coun~y, that Paragraph 6 is stricken. He stated that there is an additional sheet on the back of the agreement which sets forth the new Paragraph 6 and additionally, in Paragraph 7 there is one of the phrases within one of the sentences that has also been stricken. He stated that with regards to the alades settlement agreement, the Board should note Paragraphs 2 and 3, advising that he has reviewed them and finds it to be acceptable. He stated that he would recommend approval of both the Blades suit and the Conservancy suit. He noted that the settlement involves not only these documents, addin9 that this is a settlement agr~ement that sets forth certain provisi~ns and concludes the l~wsuit. He stated that it is also necessary that the Board amend the PUD document. Commissioner Voss questioned if 75\ of the project has to be completed before the water storage tank is put in? Mr. David Rynders, Attorney for the Conservancy, stated that the language in the PUD document stated that the water storage tank will be ins taIled at the discretion of the County Utilities Department and land owners were concerned that this discretion would not be exercised, therefore, the language n~w states that if it is deemed necessary to Page 45 - - - .. .. ... Decembor 17, 1985 meet County Utility Division requirements, but no later than at 75\ completion of th~ project as detvrmined by the sale of th. numb~r of units, the development sponsor shall install the water storage tanks and booster pumps dS directed by the Division. Assistant Councy Attorney Cuyler stated that this is more r~strictive than what they ~re committe~ to. Tape 111 Mr. Ryndvrs stated that tha settl~ment involves a drùmatic chang~ in a number of the areas of the PUD that was approved on June 4, 1985. He stated that the goal of the Conservancy w~s to move the dev~lopment back from th~ beach and the settlement sets aside certain areas in the south ~nd of the development for the prot~ction of the ecological habitat and it also minimizes the effects of storm events on the residents in the area. He stated that thesp. changes are incorporated into the revised PUD Ordinance. H~ stated that the agreement refers to EXhibits A, B, C, and D which have also been incorporated into the revised PUD documen t. Commissioner Hasse stated that the Commission should hold off on th ~ matter until they have had time to completely review these rlocl.l::1ents. Commissioner Voss stated that the changes, with regard to the PUD, has been available since last week. Mr. kynders stated that the only stipulation that was unresolved until this date was a procedure for insuring that in the future those developmental conditions are not degraded through subsequent decisions in many years hence. Commissioner Holland questi~ned if everything that is done has to be approved by the Conservancy, to which Mr. Rynders stated that it has to be approved by the Staff and Commission and the Cons&rvancy as well. Assistant County Attorney Cuyler stated that his position is that Staff acts independently of the Conservancy for a¡l purposes. He stated that the County's approval doen not hinge on any additional approvals. Mr. Rynders stated that in order to dismiss the suit, the Conservancy is insisting on changes in the PUD for this property that would incorporate all of the protections and the changes in the developmental corridors, protecting the environmental habitats in the south end of the property and a myriad of oth4r changes with regards to construction standirds. He stated that the suit will not b~ dismissed BOOK 091PAr.r430 Page 46 lOOK 091mr431 December 17, 1965 until the Board has approved the changv in the PUD ðnd all parties have signed the ßtipulation and then he gOtS to th~ JUdge to t~ll him that all differences have b-.en resolved and ask him to dismiss the suit. As~istant County Attorney Cuyler stat~d that the C~mmission has taken certain action with regard to this development, adding that he would not recommend an approval of this if it harmed the County or if it was less stringent than it was before. Mr. George Vega, representing Lely Estates, Inè., stated that he has approved the amended PUD and has agreed to the two agreements in the Blades suit and in the Conservancy versus Lely suit. He stated that he ~uld like to make sure that all exhibits are also signed or initialed 80 that everyone is looking at the same exhibits. Mr. Mike Stephens stated that he has been involved with the Conservancy and consulta~t for Lvly in the development of the revised PUD document to reach a settlement, adding that subsequent to the final PUD document and the PUD Exhibits which dre lzbeled A, B, C, and D, the agreement was written and referenced in that agreement are Exhibits A, B, C, and D which are not the S3me exhibits as listed in the PUD document, which is what Mr. Vega was referring to. Mr. Vega stateå that thi~ is a settlment of a lawsuit and all the parties are in agreement, adding that aftcr all documents are signed, they will go t~ the courts and have it dismissed and everyone will be a winner. Commissioner Goodnight moved, seconded by Cocaissioner Voss and carried unanimously, that the public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner Voss and carried unanimously, that the two settlement agreements filed by Robert H. Blades and the Conservancy, Inc. against Lely Estates, Inc. and Collier County be approved and that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 22. ORDINANCE 85-83 AN ORDINANCE AMENDING ORDINANCE NUMBER 85-21 AN ORDINANCE AMENDING ORDINANCE NUMBER 77-48, LELY BAREFOOT BEACH PUD BY AHENDING THE TITLE PAGE, INDEX, AND SECTION I, PROPERTY OWNERSHIP AND DESCRIPTION, TO PROVIDE FOR THE REVISIONS; AMENDING SECTION II, PROJECT DEVELOPMENT, TO REVISE THE DEVELOPMENT TRACTS, ADD FRACTIONALIZATION AND CONCEPUTAL PLAN APPROVAL PROCEDURES AND REVISE FINAL SITE DEVELOPMENT PLAN APPROVAL PROCEDURES; AMENDING SECTION X, SINCLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT, TO DELETE TRACTS E, F, AND G INCLUDINC RELATED DEVELOPMENT STANDARDS AND PROVIDE FOR Page 47 - - - '·w""·.."^",,,,;,,,,,,,"~·.,.,,,.,,,",_.._,,..,,.,,~._..,,,",__"'__" .;,.. ".,......,,,_.,~.""''''.,,'_..,,......_,''-'"'''"_.---,,.,...,,"''''-",-.,+,.,~.,.-..., - .. - December 17, 1985 TRACTS H AND I ONLY, REPLACING SECTION XI, TRACT J. UTILITY SITE, WITH SECTION XI, TRACT LELY BEACH NORTH. SINGLE OR MULTI-fAMILY RESIDENTIAL DEVELOPMENTS, AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS, REPLACING SECTION XII, TRACTS K AND L. COMMUNITY RECREATION AREAS, WITH SECTION XII, TRACT ACTIVE COKMUNITY RECREATION AREA, AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS, REPLACING SECTION XIII, TRACTS M, NAND 0: MANGROVE PRESERVES, WITH SECTION XIII, TRACT: LELY BEACH SOUTH, AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS, REPLACING SECTION XIV, EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS, WITH SECTION XIV, PASSIVE COMMUNITY RECREATION AREA, AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS: REPLACING SECTION XV, UTILITIES CONDITIONS, WITH SECTION XV, TRACT J: UTILITY SITE, WHICH WAS PREVIOUSLY SECTION XI, AND PROVIDING THE ORIGINAL DEVELOPMENT STANDARDS, REPLA~ING SECTION XVI, PROJECT IMPROVEMENTS, WITH SECTION XVI, 'l'RACTS 11, NAND 0: MANGROVE PRESERVES, WHICH WAS PREVIOUSLY SECTION XIII, AND PROVIDING THE ORIGINAL DEVELOPMENT STANDARDS AND DEDICATION OF THESE TRACTS TO THE STATE; REPLACING SECTION XVII, ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS, WITH SECTION XVII, EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS, WHICH WAS PREVIOUSLY SECTION XIV AND PROVIDING THE ORIGINAL STANDARDS AUD AN ADDITIONAL EXCEPTION TO THE REQUIRED STREET RIGHT-Of-WAY WIDTHS AND ALIGNMENT, REPLACING SECTION XVIII, PROTECTIVE COVENANTS, WITH SECTION XVIII, UTILITIES CONDITIONS, WHICH WAS PREVIOUSLY SECTION XV AND PROVIDING TB! ORIGINAL REGULATIONS, ADDING SECTION XIX, PROJECT T~PROVEHENTS, WHICH WAS PREVIOUSLY SECTION XVI AND PROVIDING THE ORIGINAL REGULATIONS WITH MINOR AMENDMENTS TO PROVIDE FOR OTHER REVISIONS; ADDING SECTION XX, SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS, TO PROVIDE DEVELOPMENT STANDARDS AND REGULATIONS WHICH ARE PART OF THE SETTLEHENT, ADDING SECTION XXI, ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS, WHICH WAS PREVIOUSLY SECTION XVII AND PROVIDING THE ORIGINAL STIPULATIONS, ADDING SECTION XXII PROTECTIVE COVENANTS, WHICH WAS PREVIOUSLY SECTION XVIII, AND PROVIDING THE ORIGINAL PROTECTIVE COVENAHTS, ADDING EXHIBITS A THROUGB I, AND BY PROVIDING AN EFFECTIVE DATE: -<" ·_,_,,,_.,c,,,-,·~...,·_.,,,,,,,,,,,,,.,..,,._ .;'40' aOOK 091 PAGr 432 Page 48 lOOK 091 PA',( 433 Decemb~r 17, 1985 . . . . . . . There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:15 P.M. BOARD OF COUNTY COMMISIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(~) OF SPECIAL DISTRICTS UNDER ITS ATTEST: WILLIAM J. REAGAN, CLERK ~&~. .e.ofI:.::¿ .4ç; 6i;->~.cc. , ~~;~,'iiiih.ut'è"; 'ál.pr~ by the BCC on 4?- ~~~f!!P,ted:,'.( ~ or as correcteð¿?' . :; '. .:\.~: -;:;'.,.;.. :,~ .., "'~" .. if,. ..... ..f.. .". . . , ' ~. ~.n~ ¿)~( /?F~s Pa 9 e 49 - - - .