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BCC Minutes 09/11/1984 R ...,----.-.-... --"....-....""_.;"'"...,'_...."....,~".,, ._~"_,,.~~._~..__,~._~_~~,~;,..,,__~ '.v.·' __,~;M" .. 'OO( 083 r~~t 232 It.. 14 OaDIlIAIIClIC 84-56 g h="fITIQØ %O-84-5C, U AMDmKE1IIT or OltDII!IAJlfCE B2-2; 8BCTlQØ ',8. AUTOMOB::'.: ~ IIICRVICIIC STATIOlf8 BY PJtOVIDllfO FOIt TIMPOItARY STORAGB or VEHICLES - ADOPTED Septe~b.r 11, 1984 Leqal notice havinq been published in the Naples Daily Newa on Auquat 10, 19B4, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-84-5C requesting a.endment of Ordinance 82-2, Section 9.8, automobile aervice atationa by providing for the te.porary atorage of vehicles. Zoning Director Layne explained this amendment would permit temporary storage of vehiclea at service stations for vehicles towed by the atation for service, for insurance co~panies, and wrecks and aale for salvage. She said that any vehicle of the type .entioned above. except for daily servicing, must be atored in an area surrounded by an opaque fence not less than six feet high. She explained that the CAPC held their public hearing on July 5, 1984 and recom.ended approval with additional language that the vehicle. .hall not be atored longer than 45 days, adding that the I^PC held their public hearlng on June 27, 1984 and reco..ended forwardlng this petitlon to the Board with the reco~.endation of approval. Co..aaaaoner ~ruae moved, aeconded by Co..laaloner PIs~.r and carried unanimously. that the public hearlnq be closed. eo..laaloner "at.or 8O.ed, aeconded by eoa.laeloner Itruee and carried unanlmouely, that the tollowlnq ordlnanc. a. nuabereð and entitled below be adopted and entered into Ordinance Book 110. 19. OJU)I.MCE B4-56 AJIf OJU)UIAIICIIC AMUDllfO 01lDI IfMCE 82-2, THE COMPU8USIVB %OlnllO IUOULAT I otrl FO~ THE UlnlfCO~POAATED AUA or COLLIIa COUIITY, BY AMDDllfO SECTIOW 9.B, AUTOMOBILE SE~VlCE STATIOIfS, AKIIIDllfO SUBSECTION 9.B.b.l' TO PJtOBIBIT STORAGE or AUTOMOBILZS JCCCEPT AS PENtITTED III ITJIISZCTlotr 17, AMDDllfG BBCTIQØ '.B.b TO ADD BUBIECTIotr 17 TO PItOVIDE FOil '!'BB TDlPOJtA.ItY STORAGI OF VEHICLIS mn::n SPICIFIED ClllC01'1BTAllCII AIID UQUIIlUfO 'fIIAT THE VEHICLZS II SUJUtOUJrDED BY All OPAQU. FUCI, AIID BY PftOVIDllfa AN ErnCTIVB DATE. It.. '5 OaDUfAIICB 84-57 U '!'TITIOW Zo-B4-8, U AMDI»IEtfT OP OaDI.AllCB 82-2; IBCTlotr '.3 DIL!'TIIIO PANt LABOIl H0081.0 COMMITTII - AD01"TID Legal notice having been published in the Naple. Daily New. on August 10, 1984, a. evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-84-8 Page 3 ~ ~ c.::::! ŒE:3 ."P;';;':,!~j:~;;",~>.> '.':i;"~'j~~~~~;~i~~~~~ï~{;s::."}~.:5~:i --"''''-''-'~-''''''"'''-'''-'-'- .. (=:J r:=1 ~ ¡.~ September 11, 1984 r.questinq amend.ent of Ordinance 82-2, section 9.3 deleting the Para Labor Hour'nq Comaitte.. tonin~" irector Layne explained that the Farm Labor Houdnc; Co..ittee i. no longer in existence. She said that Staff recom.end. it be deleted fro. the ordinance. She stated that the C~PC and I~PC reco..end forwarding this petition to the Board with the reco~menðation of approval. Coaal..loner ,I.tor aoYed. .econded by Co..I..loner Rolland and carried unanlmou.ly. that the public hearlnq be clo.ed. eo..l..loner PI.tor aoved, .econded by Co..I..loner Itru.e and carried unanlmou.ly, that the ordlnanoe a. nuabered and entitled below be adopted and entered Into Ordinance Book lfo. 19. OMIlfAlfCE 84-57 All OIlDIJIAJICB AMDDIIIO OJU)IlfMCE B2-2. '!'BE COMPItDDSIVJ: 1.0111110 IlEOULATIOH8 FOR THE UlfIlfCOIlPOAATlD AItV. or COLLIEJt COUJITY, BY AHDDllfO UCTIOIf 9.3 (SPECIAL PItOVISIotrl FOil 8Ol1SIIfO OP PAJIM LABOIt) BY DEL!'TI.O PAAAOAAP'ftS (d) MD (e) WinCH UTABLISH MD DIPID THI!: JWLI OP 11. rAJtM LABOIl COMMITTU, BY aPUMBEIlIIfO PAAAaAAP'ftS ACCOJU)I lfOLY, PROVIDUIO All UFBCTIVB. Ite. .. OJtDI~E 84-58 III PETITIoø to-84-9. III AMElfDMEIfT ~P OMIIIAJfCE 82-2. SBCTloø 7.13 BY ADDllfO TWO FAMILY DlßLLIIfOS TO Pltl..'CIPAL USE8 AIID DELftI.O FIlOM PltOVIlIOIfAL USES - ADOPTED Legal notic. having been published in the Naple. Daily News on AuguSl 10, 1984, a. evidenced by Affidavit of publication filed with the Clerk. public hearing was opened to consider Petition ZO-B4-9 r.questing a.end.ent of Ordinance 82-2, SectIon 7.13 by adding two fa.ily dwelling. to principal use. and del.ting from provisional u.... Zoninq Director Layne .aid that approval of this petition will allow duplexes as a permitted use in the RMY-12 district, She .xplain.d that duplexes were p.rmitted u.e. in the prior RH-1B ,Di.trict, however, in the unified 1~ning ordinance. the definition of multi-fa.ily ~~. changed from two or .ore units to thr.e or acre unit.. She .aid that Staff, the CAPC and IAPC recor-.ended forwardinq this p.tition to the Board for approval. COeaI..loner ItrU.e aoved. .econded by Coaal..loner 'I.tor and carried unanlmou.ly. that the public hearlnq be cloeed. COeaI..loner PI.tor noved, .econded by COeaI..loner Holland and carried unanlaou.1Y. that the ordinance a. nu.bered and entitled below be adopted and entered Into Ordinance .0. 19. lOOK 083' ,¡r,¡ 233' paq. 4 .. .~",.,'""'-"'.~~... .".".-....,.~<,.,.,., t:::J t:=J ::;:;J Septe~ber 11, 1984 AJf OaDIlCAJlCK AMØDUfG OaDIIIAIICB 82-2, '!'Bit COMPIlDD.IVII 10111110 lUOULAT 1 OIfS FOil THIt U1UICCOltPOAATltD AUA or COLLUJt COUJrTY, BY AMDDIIfG .BCTIOIf 7.11, UP-U.IDE1ITIAL. IIIIOLIt rAMILY DIlTr'CT IY AMElfDIIO .UlPAIlAOIlAPH (4)(b) MAXIMUM DIOIIT FOR A~~lOaY ITaucTUllI. IY CHAIIOIIfG 20 FDT TO 15 nft, BY AMDn' .to 'ECTIotr 7.12 1QIF-6-U8IDDlTIAL MULTI-FAMILY DISTIlICT IY MDDllfG IUlPAU,Q1tAPH (4) MAXIMUM HEIOB'l' or lTaucTUJt18 IY ADDnlG 11. HKIGH'1' LIMIT OF 15 n!'T FOR ACCESSORY ITIWCTUJtI8, BY PIlOVIDIIfG AN EPFBCTlVE DAT!:. It.. .. 'ITITIOIf 10-84-13 JtI AKBIfDMEØT TO OIlDI_AIICIt 82-2, SKCTloø 7.23, c-. DIITIlICT BY ALLOWUIO UTAIL 1'-L&8 or PIlOPAlfB OAS - DUIIDr DICISIoø TO JtJ!.ADVBItTIU PBTITIoø AS A PIlOVISIOIfAL UBI - APP~D Legal notice having been publish~d in the Naple. Daily New. on Augu.t 10, 1984, as evidenced by Affidavit of Publication fileð with the Clerk, public hearing was opened to consider Petition ZO-84-13 reque.ting a.end.ent to Ordinance 82-2. Section 7.23, C-4 Di.trict by allowing retail sale. of propane ga.. Zoning Director Layne explained that a. the ordinanc. i. now written, propane gas can only be sold in the C-5, IL and 1 District. unle.. propane ls sold ðS a .otor fuel at a .ervice .tation. She .aid this interpretation was ~ade in past year. even though the above- .entioned districts only state bulk .ale., adding there i. no .ention anywhere of retail .ales of propane in the ordinance. She .aid that pre.ently, any di.trict allows u.e of propane a. an acce.s~ry use and this a.end.ent would be a clarification of the ordinance between retail and bulk .ale.. She said that Staff, the CAPC and I^PC reco..ended forwarding the petition to the Board for approval. Co..i.sioner Pi.tor said a restriction on the size of the prop~ne tank .hould be included in the a.end.ent. During a di.cussion regard- inCJ fueling auto.obile. with propane ga;, Co.munHy Develop.ent Ad.ini- strator Virta said, if a person WAS to refuel auto.obile., that e.tab- li.h.ent would be considered a fuel dispensing station and would have to .eet the criteria for such a place and that the normal retailer \COUld not legally dispense propane to auto.obile.. He .aid that Co..i.sioner Pi.tor's .ugge.tion of restricting the .ize of a propane tank to 500 gallons would be a reasonable requirement, however, his depart.ent would need out. ide input regarding whether the .ize of a tank i. co.puted in cubic feet or gallons. Deputy Chief Barnett .aid there are .afety regulation. that apply to tank. that dispense propane ga. to automobilez. Mr. Ji. Goddard .aid that he cannot fill any tank that cannot be ;~O~ OS3'm·¡235 Page 6 . ~_,,~,_,. _,_^,.",,_,,_o__,,~;"'__'''__ ..._,~.._~_.__~_ .. 083 r~',t 236 1984 to 1,000 for safety Septellber 11, .cale and that hi. per.it r..trict. hi. tank .ize H. .aid that hi. tanK cannot be put underground put on a gallon. . reason.. Mr. MiK. Zewalk, repre.enting the North Napl.. Civic ^..ociation, .pok. in oppo.ition to the petition. Mr. Dan Ma..ey .aid that tanK. in automobiles and under ~tor ho.e. are the .a.e t~nKs with the difference bsing that one u... liquid \ and one u.e. vapor. eoaai..loner Vo.. aoved. .econded by eoaai..ioner ~Q.e aDd carried Qnaniaou.ly~ that the public hearinq be Clo.ed. co..i..ioner Brown aoYed; .econded by coaai..loner Vo.. aDd railed 2/3. with Coaai..ioner. ,i.tor, Holland and Itcu.e oppo..d~ that Petition 10-84-13 be approved. Mr. Goddard a.Ked, since the petition was deni.d, if that .eant that he i. out of busin..s and it was the con.ensu. of the Board of County COII.issloners that was correct. County ^ttorn.y Saunders said that there is a lawsuit by Mr. Goddard following hi. previous app.al to the Board which upheld the Zoning Director'. interpr.tat.on that retail sale. could not taKe place. He said that the law.uit was .tayed pending the resolution of the zoning chang.. He .ugg..ted, if the Board continues with denial of retail sales, that Staff be dir.cted to clarlfy in the C-4 zoning that propane .ales Are not per.1tted to avoid the above-mention.d type of litigaticn in the futur.. Tape .2 Assistant County ^ttorne~1 Cuyltlr said that ~'r. Goddard has been .elllng propane gal under certain r.strictions. He said he can con- tinue to sell propane gas under those r.strictions. Mr. Goddard said that he could not afford doing business if he cannot pump propane as he has be.n doing for the past 1-1/2 year. which i. 43\ of hi. bu.in.... He .aid he would be re.tricted to lelling propane ga. for only the tanK. that he has .old and he could not re.ain in bu.in.... Co.-is.ioner Kruse .ugg.st.d that the County'. legal depart.ent wor~ with Mr. Goddard'. lawyer, since there i. a lawsuit on this topic. and devi.. an agreeabld ~.ttlellent. Mr. Saunders .aid that he could work with Mr. Goddard'. lawyer to try to reach an a.icabl. .ettle.ent, however, that he would not recom.end that the Board of County Co..i.- sioner. ..ttle thl. .atter .erely becau.e there i. a lawsuit. Com.i.- .ioner Kru.e .aid that, u.ually, when the Board taKe. action to change exi.tlng zon1nq the Board deal. a. fairly.. pos.ibly with whoever i. Page 7 t::::1 t:::J (";':,uJ "..~ ,:::'.~~; .;.1: (~'~~;:'1~,li,~.'.i~·..t..¡\,:~:(~,If'-" ",f' . ,'" .'.,'.,:, ,', " , ~ ~ '.' "'~~'~;: ~~ (, '\''''''~~ lill' 'J_ '" ~ .", Jf'...':...~""'.."._;......',.;;~'''....,f:,.ft!..>. ¡:~..,,.-J''''~,,,....'¡O':,/~..;>..·,í;···.-'lI:":,"·-t;...."r.J,~·,, . ' ,.~ ,",\ \." ~''1Jlt..... T' ~lt.t" r~ ., . ~,. ~,' .''"~. ""'" .,<,' oJ,,' ~~4"h I,;'"~ :,"~ ,:h.";.r~~'~, IL:~ . ". ~;; :t,....· .~r,..;~,'~ . '-R ", ~ . '" _.,.,.,....'., "-___.~'.__~".=.,... ~ .~.. _..~, .N...~'.__ t:] c::J c::::J September 11. 1984 curr,ntly functioning. Mr. Saundeu1 .aid that hi. office will proceed pro.ecuting the litigation and re~ )lve it a. quic~ly a. po..ible. Re.pondinq to COlllli..ioner itolland, M.. Layne .aid that there are propane ga. tank. at the J.P. Re.taurant, and a laundry in the area that are acce..ory to the bu.ine..... CoaaI..IODer Bolland aoved. .econded by Coaal..loner PI.tor and carried unanI8OU.ly, to reopen the dlecu..ion on thl. petition. Coaal..ioner Bolland aoved that 'etitlon S0-84-13 be approveð. Mr. Saunders requ.sted a few minute. to discu.. with Mr. Cuyler whet'.ier it is possible to reopen the hearing or wheth.r the petition has to be re-adverti.eð. He .aid that this adverti.ed public hearing Na. conducted, concluded and a vote ta~en. He .aid that .e.ber. of the intere.ted public who were pr..ent .ay have left and by re-opening the di.cu..ion the Board lIay be conducting a new public hearing without readverti.ing it. Later in the .e.ting. Mr. Sa.n~-rs said that the pri.ary concern of the Board is Mr. Goddard'. ability to proc.ed with hi. bu.ine.. until the aatter i. finally re.olved. He .aid that the County ha. entered into a .tipulation for a Stay of the Judicial Proceeding. which provide. that Mr. Gcððard can continu. to .011 propane g..', a. he i. presently doing, for containers other than tho.e he actually .old. dependinq on final resolution of the ~tter by the Board. He .ugge.ted that the propo.ed ordinance be r.-adverti.ed for a new public hearing and that Mr. Goddard be able to continue to .ell gas a. he is currently .elling it until the petition i. returned to the Board. Com.i..ioner Pistor a.~ed if the ordinance could be rewritten with con.ideration that, since Mr. Goddard is already e.tablished in bu.ine.. and ha. hi. equip..nt in plð~a, that h. be allowed to continue hi. bu.ine.. providing he place. shrubs around hi. tan~ for i.proved appearance? Mr. Saunders .aid that it WAS hi. opinion that this \ituation could be re.olved to eli.inate the concern. of Hr. Goddard'. neighbor.. Co..i..ioner Vo.. .ugge.ted that the ordinance be adverti.ed a. a provi.ional u.e to which M.. Layne .aid this chanqe could be done. how~ver, this would .ean that the ordinance would have to qo bac~ before the CAPC and the I^PC becau.e it would be different fro. the petition they con.idered. Co..i..ioner Kru.e said that if the ordinance wa. adverti.ed a. a ;;o~ 08~l rlr.r 237 page B .. > ~ ,1': ~ ,\' _'.""'~r""·""'~__'___"T~~"_~~__""_· 083 w.[ 238 Septe.b.r 11, 1984 provi.ional u.e the ~~tition. could be con.idered on an individual ba.i. includinq byff_r.ng, landscaping, etc. inltead of giving carte blanche approval of .o.ething within a diltrict, which was her concern. She .aid that Mr. Goddard could continue to do bUlines. until the final hearing was held. Mr. Saunderl .aid thil arrange~ent would be po.sible. CO.....lon.r ~ru.. aoved. .econded by eoaal..loner Vo.. and carried unanlmou.ly. that P.tltlon SO-B4-13 be re-advert'.ed .. a pr~'.lonal u.e. Ms. Layne pointed out that it will b. approxi~ately three or four aonth. b.fore the p~titlon will co.e before the Board because it will have to go before the CAPe and the IAPC. It_ t9 OaDIIIAIICJ: 84-60 U PETITlotr 10-84-14 U All AMDI»IE1fT TO OIlDII1AIfCIIC 82-2~ I&C'I'IC* 7.10 n.vc TO ALLOW UTILITY SHEDS AIID ALUMIIItIM ItOOPED SCIlED PO.CUP AS All Un-SOUL PAltT OP IlV l1IIIT, TO IUtMOVZ IIIDIVIDUAL TJtAS8 UCIICPTACLIUI, ETC. otf P.V LOTS, TO ALLOW PERl'I..'.NENT LOCATION OP P.V l1IIITI aUT IfO PJtItMA~ UBIPDCJ: MD IIfCaEASE MI.IMtJM PAIlJ( IIZI TO 20 ACUS ADOPTED Legal notice having been published in the Naples Caily New. on August 10, 1984, as evidenced by Affidllvit of Publication f!.~,'d with the Clerk, public hearing wal opened to consider Petition ZO-84-14 requesting an a.end.ent to Ordinance 82-2, Section 7.10 TTRVC to .llow utility sheds and alu.inum screen porches liS an integral part of the RV unitl to remove individual trash receptacles, etc. on RV lots, to allow per.anent location of RV units but no permanent residence I and, to increase .inimua park lize to 20 acres. Zoning Director Layne said the objective of this petition ia to update the TTRVC regulations. She said that the CAPC recom.ended forwarding the Petition to the BOllrd with the reco.m~ndation of approval. She Itated that the JAPC reco.mended that the Petition be forwarded with the recom~endation of approval with the atipulation that the .iniau. park size stay at 10 acres and not be increased to 20 acre.. Reaponding to Commia.ioner Pistor, Ms. Layne said that recrea- tional v·thicles are given building permits and have to have tie down.. Co..ilsioner Voss observed that there are two ~atterl in this petition, roof .nclo.ure. and den.ity and he aaked why they are being handled together? Ms. Layne said that this petition cover. the whole ordinance rather thlln having fifteen different amend.ent. to Section Page 9 ~ t:::::] ~ ,.:- ,:~ ...."~~~~.I~¥"'.?ì,':~~~7~¡~T:i~,~'~..~,..fl,'1.;-;','»j~t·¡~:~:é:~~¡?';\~~~,ù,,!,~,,~;::>ç~,~:~":':','F,;,;'i. :f;¡; '~~, - H~ ,¡:../':). /(·\.~'.r~'f':'~/:;o;~;, ~_. ~ . :...........,! ......,,.¡,.,..;..,..."t""...1; .l?-W''v'" !1'J.W·'~¡',~1'~'~:_¡;;;':;;':;:~'·~~-!'''~;~' J.:j:.r:~;.~, lEt;:. ·:0f,J;.~,I';:}"'~~'..A\\...;: 1~~,1w{~r~1£1;1L;~0;?;/T">' ;. ::",.(>' ~'U'_"'."~~_____""'·""""_ c:::1 CJ r::-.'1.. .. . . ~ S.pte.ber 11. 19B4 7.19. A discus.ion ~ollowed rcgarding the size of RV parks. Re.pondin9 to Co..i..ioner H~; .and, M.. Layn. said that if a person had a 10 acre RV park he could build it to 18 unit. per acre in the sa.e way as a 20 acre park could be developed. Sh. said that Staff reco~.end. the .ize be 10 .cr... County ^ttorney Saunders r.ferr.d to Section 2(2)(ii) of the proposed ordinance and requested that the la.t line reading ~th. TTRV unit leav..~ be changed to ~the TTRV unit i. removed~. ^ttorney [d Dryant, Jr.. repre.enting RV park owners, requested approval of this petition, adding that the park owner. he repr.sent. .re in favor of the petition. He said that the park owners are in agr.e.ent with the 20 acre .ize of the parks. ~1..loner Vo.. moved, .econded by Co..i.sloner Pi.tor and carried un.nlaou.ly, that the public hearinq be clo.ed. eoaal..loner Voe. aoved, .econded by eoaai..loner PI.tor, that a chanqe In the ordinance to per.lt .n .lu.ini.u. cover over .creen enclo.ure. be approv.d. M.. Layne said that thl. would only change one section of the ordinance, and Co..is.ioner VO.. said the co..i.sioner. would vote on the ordinance in two part.. Ms. Layne .aid that there ar other change. be. ides the roof and the acr.age. She .ugge.ted that the .atter of the size of the parK be settled fir.t and then a vote be taken on the language change.. eoaai..loner Vose withdrew hi. aotlon and Co..I..ioner PI.tor withdrew hie ..cond. eoaals.loner PIstor aoved, ..conded by Co..I..lon.r Vo.. .nd c~rrled un.nlaou.ly, th.t the recoa..nd.tlon of the CAPC to Incr.... the .I.e of TTRV park. to 20 .cre. be .pprov.d. CoRaI..loner pletor aoved, .econded by Co..IG.loner ~u.e and carried unanlaou.ly. that thœ ordlnanc. .. nuabered and entitled below be adopted and entered Into Ordinance Book 110. 1.. OaDIllAllC1It 84-60 All OaDII1A11CB AKIIIDIIfG OJU)IIIAIICB 82-:2. milt cotI'URD81VK IOIIIIIG UOULATI01f8 POll milt UlfIIfCOIlPOAATED ADA or COLLIn comITY. BY AMDD I IfG 81CT I 011 7. 19 (TAA VEL TIlAI Ln-uc.DT IOIIAL VBBICL11: PAU CAMPOIlOUIID DISTIlICT) BY AMDD11fG auallCTIotr 7.19(b)(2)(c) TO .a.I.LOW UTILITY SHEDS AIfD ICU" POItCRU AS ACCBalOaY STaUCTUJtE8, BY AMElfDIWO IICTIOI 7.19(c)(1) TO IIICIUASE '!'BI: MI.U«JM 'AJU( IIn, AKIIIDllfG 7.19(:2)(2) TO I IICItLUI milt LOT 1 I n FOR TTIlV LOT8 , AKIIIDI IfG nCTIotr 7.1'(c)(J) TO PROVIDE FOil A MAXIMUM DDIITY, AMDDIIIG IlCTlotr aoa~ 083 rAG[ 239 Page 10 . --,,-.,-~_._~--_._-' · 083m[240 SeptUlber 11, 1984 7.19(c) (4) TO IIfCUASI LO'I' WIDTH FOil TTItV LOTS AJfD CAMPSITES, ~MDDUIQ IBCTI'" 7.19(0)(10) lETTING FOIt'!'B UQUIUD PACILITIII FOil .'AMPSlTES AJfD TTIlVC LOTS, AMDDnlO IECTIO. 7.19(9) TO ,aovn'; FOIt PlItMA1fIJIT LOCA'I'IOIf OP TTIlVC WITS, UIIUM!IIIlIJIG AMUDI!;O PROVISIOIIS AS APPROPRIATJ:, PROVIDI.O FO~ UFSCrIVZ DATI. 'rape t3 It_ no nTI'I'IC* Eo-84-15 U AKZIfaCDT op' OaDIIfAØCIIC 82-2. 8ZCTIOII 8.33 PaCE8 BY IfO'I' ALLOWUrG PaCES IN PIlOtIT YARDS - DonD Legal notice of having been published in the Naple. Daily New. on Augu.t 10, 1984, as evidenced by Affldavit of PUblication filed with the Clerk, public hearing was opened to consider Petition ZO-84-15 requesting a.end.ent of Ordinance 82-2, Section e.33 - fence.. by not allowinq fence. in front yðrd.. Zoning Director Layne said thls amendment came a. a reque.t for review by the Board. She .aid that .ome State. have held the prohibi- tion of fence. a. invalid since the prohibition was purely aesthetic, .erving no valid ~oning purpo.es. She .aid if the reason for not allowing fence. in front yards is purely ae.thetic, this would be better handled by deed restrictions. She .aid that the CAPC and IAPC reco..ended forwarding the pet~tion to the Board with the rec~\Menda- tion of denial. Co..i.sion~r Voss said that, in his opinion, front yard fence. decrease the value of a property. Co..issioner Holland Bald he hðd .ixed emotion. about the propo.ed a.endment, however, he said that a per.on should be able to protect hi. property. Coaal..ioner Holland moved. ..conded by Coaal..loner ~U6. and carried unanimou.ly. that the pUblic hearing be clo.ed. Coaal..ioner Holland moved, .econded by Co..i..loner Kru.e and carried 3/2, Co..is.loner. Vo.. and PI.tor oppo.ed, that P.titlon %0-84-15 be denied. It... .11 OJtDI~CIIt B4-61 RZ 'ETITI0N ZO-84-16 JIB All AKElfDMZØT TO OIlDIKAICK 82-2~ IBCTloø8 7.22 AJfD 7.25 C-3 AND C-4 DISTIlICTS BY CLAJUnllfO VSII ALLOWID I. AUTOMOBILE UJtVICES ITATIONS - ADOPTED Legal notice having been published in the Naple. Daily New. on Augu.t 10, 1984, a. evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petit~on ZO-84-16 reque.ting a.endment to Ordinanc4 B2-2, Se~tions 7.22 and 7.25 C-3 and Page 11 c:;::¡:} !;¡;:T",,;~ Œ.:3 .¡ . .,\;i.:~'" :~·~·,t.~~"·~I:r,jO:'!~'\;:' 'M~ '-". ,", ,.,~;;' ,'," ',.. '" ...,, ?, "'1I"j"'( ',-:'1'" "':"'Œ'~"" 'f ,"j):" ,,:;'~t~;j;\:;~'\r\~r"Fi~¡'~::'~ \?';/ ", >M6'4""'_"""''''''"''''-''''''_-'''_'_~''''_~'''''''~_ _,~_.._...____~..._,,,..,__.. ~_,w..""~u"",,,.'_"~______'''-'__ .,......--,,',...,,-;~~._."~--_._- c:::::J c:::J w:::J September 11, 1984 to ju.t gr.... He explained that he .pok. with Clerk Reagan and Tax Coll.ctor Carlton and th.- decision was reached that the way the ordi- nance was drafted i. be.L, which would permit cutting the grass and havinq tho.e charg.. become a l~.n on the real property and with the lien collected in the nor.al proce.s, which would be foreclo.ure on the property, a. opposed to going through the tax deed arrangement. Co..i..ioner Pistor cited an example of a person who called hi. a.kinq that the uncut condition of lots bordering him be left because of the wildlife th.re and Mr. Saund.r. .ugge.ted that the Board not try to addre.. that type of proble.. Commi..ioner Kru.. noted that the ordinanc. exe~pt. the Golden Gat. E.t.t.. area and .he a.ked about other area. zoned "E" E.tate. in the County, to which Zoning Director Layne .aid that tho.e are not recorded .ubáivi.ion. and the propo.ed ordinance .tate. recorded .ubdivhion. . County Manager Lusk requested that the height b. 18 inches in.tead of 12 inches becaulile, in hi. opinion, it would be ea.ier to enforce. During the di.cu.sion that followed. M.. Layns said in the pr...nt ordinance there i. no height li.itation but rather if a lot repre.ent. a health or fire ha~ard. Sne said that the Health Depart.ent has stated that rat. and .nake. are not health hazard. becau.e they ~re indigenous to the area and, therefore, her d.partment ha. only bften looking at t.king car. of lot. that have tra.h that can cau.e h.alth probl.... She said that Staff recommend. an 18 inch height li.itation. Re.pon.:Hng to Com.i..ionQr Bolland. Fi.cal Officer Gile. .aid, if the a.......nt on the lot. i. not .ufficient, the .oney for this .~rvic. would come fro. contingency. He referred to Page 6 of the ordinance and asked the County Attorney what the curr.nt .aximu. rate of int.re.t i. and Mr. Saund.r. .aid that he would get that figure to hi.. Co..i..ioner Pi.tor a.ked tor an explanation of why Clerk Reaqan'. \ .ugg..tion for collection could not be u..d, and Mr. Saunders explained that the primary problem with the propo.al was that the charge be put on the tax bill and collected a. ad valorem taxe.. H. .aid the charge is not an ad valor.. tax and there i. a que.tion a. to wh.th.r the charqe can legally be put on the tax bill. Be .aid that Tax Collector Carlton said that there i. a serious concern a. to whether the County can go through a tax certificate .ale becau.e of a lien of this nature and that Mr. Carlton stated he would have to have an opinion fro. hi. &~O~ 083 r~~r 243 Page 14 .. -- ': . ''''L'' ". .'. -.,>', ';"'''"'''''''---''''~'---''"~"""'''-'''~'-'~-~''''''--''''-~'''~''''''''' '00( 083 w,t,244 September 11, 1984 attorney before ~roceeding with this method. In re.ponsQ .0 Chair.an Brown, Mr. Lu.~ .aid that in Pine11a~ Par~ a li.n was placed on the property in the.e ca.e., however. 70\ of'the ca.e. were paid before they reached the lien proc.... Mr. Saund.rs referred to Page 6, Section Fourteen and .aid that Mr. Lu.~ has .uqge.t.d that an Ad.ini.trative Fee of $75.00 be placed, in the wording instead of .i.ply -admini.trativ. costs- a. now was .tated. Mr. Lus~ said this high a fee would di~courage people fro. exp.cting the County to cut their gra... Mr. I. E. Evan., repre.enting the Marco Island Taxpayer. A..ocia- tion, .xpr....d hi. concern. regarding the enforcement of the ordinance and .uggested, in.tead of having thia ordinance apply to the entire Count}, that it be teated on Marco I.land until all the problem. are r.solved. He a.~.d that the 12 inch h.ight be .aintain.d. Mr. Saund.rs .aid that the wording of the ordinance i. broad enough to alleviate Mr. Evan.' concerns about enforceability. Tape t4 Mr. rran~ Langford .~ked for the 12 inch h.ight to remain and that Section 10^ be altered to rend "all or part" inst.ad of "fifty percent (50\) or more of which can be .owed". He suggesteã thn~ in Section 118 -und.rgrowth" be changed to "other growth". He suggested a fine .s well ða the administrative fee be included. Mr. Z.walk spo~e in favo~ of the petition and a.~ed that the 12 inch height re.ain. Mr. Jere Hunt suggested a number of times per year that a lot i. cut be substituted for the height li.itation of the gra.s. He asked that companies be allowed to bid on mowing the lots. Co..i..loner Holland aoved, .econded by Co..l.sloner Itru.e Anð carried unanlmou.ly, Coaal..lon.r Holland aovod, .econded by Co..i..loner Vo... that the ordinanc. a. nu.ber.d and entitled below be adopt.d. with the helqht llaltation of IB inches and inclu.lon of a $75.00 Adalni.tratl.e Pee, and entered Into Ordinance Book Wo. 19. OJU)UIAlCCE B4-63 All OaDII1A1fCE AHDDIIIO COLLIER COU1ITY OllDnlAlCCE 110. 76-14, AMDfD 1 110 pAJt'1' II. SECTIOHS EIcnrr (A), (B) A1ft) (C) TO Il1ISTlTUTIIC PIU COØTItOL DISTRICT FOil COU1lTY MANAGER, AMDDllfG pAJtT III TO PIWVIDE FOil DEFIIlITIOIfS, AMØDI.O BECTlotr TD TO DBCLAJUI: THE ACCUMt1I.ATIOII OF WEEDS. OItASS OR utfDlRBIlUSB TO BE A PUBLIC IlUISAlCCE, AMUDIIIO 8ECTIOII ELEVDI (A) TO 'ItOVIDB T'RAT THE COU1ITY MAIlAOEIl OR HIS DIII001 SHALL DETEItMIn WIlD Pa ge 15 ~", ~ r.::::J ~ ~ c::::J r:=J ~ September 11, 1984 A PUl'LIC lTUlSMCE EXUTS, PROVI DIIIO AJf Ef'PtCTIVB DATI Mr. Saund.r~ lIa(d that Mr. Lu.k spoke with Mr. Oile. concerning Section '4A, the intere.t charged, and from an administrative .tand- point it t.>uld be better to .et the interest. He .aid that Hr. Oile. reque.ted that the interest be .et at 12'. He reque.ted the wording to be -the intere.t .h.ll accrue at the rate of 12\ on any unpaid portion thereof-, co..I..loner Holland Included that In hi. action and COaal..loner Vo.. Included that In hi. .econd. Upon call for the que.tlon~ the action carried 4/1, Coa.I..loner Itru.e oppo.ed. A short di.cussion wa. held regarding whether the section defining a JIIOwable lot had been changed and it 'was the consensus of the member. that the ordinance was passed as pre.ented with the inclu.ion of 18 inch height and $75.00 ^d.inistrative Fee. lte. 115 OaDI~ UOU'L.ATIJIO AUCTIOIIS AIfD AUCTIotrBJ:U TO BE USCHKDULICD TO BIIt azADVEaTUID MD PUBLIC WOUSHOP '1'0 88 SCHEDULED co..a..loner ~ru.e aoved, .econded by Coaal..loner PI.tor and carried unanlmou.ly, that the ordinance requlatanq auction. and auctioneer. be re-~cheduled. County ^ttorney Saunders requested that any individuals who have co...ents on this ordinance put the.. in writing all.1 sub.it the.. to the County Attorney's office and that en atter,t to schedule a public ..,orkshop will be .ade. tI. said that the public hearing for the ordinance ..,ill be adverti.ed. Ite. '16 OaDIllAllC1It 84-64 .vcPDIIIO OJU)IIIAJIC1!: 110. 83-13 '1'0 PItOVIDI AUTftORITY FOil '!'BE BUILPIIIQ OFFICIAL TO EX'TUD CEaTAIII VALID aUILPllfG PEMln POll A 'J:IlIOD OF 12 MONTHS - ADOPTED Legal notIce having been published in the Naple. Deily New. on Augu.t 10, 17. 24 and 31, 1984, a. evidenced by ^ffidavit of Publica- tion filed with the Clerk. public hearing was opened to consider an \ . ordinance a.ending Ordinance No. 83-13 to proviu~ authority for the building official to extend certain valid building per.its for a period of 12 month.. A..istant County Attorney Cuyler .aid that, in the past, the Board of County Co..ls.ioners directed that the Building Code be a.ended to allow the Building Director the authority to ext.nd buildinq per.it. und.r certain circum.tance. which were a 12 JIIOnth exten.ion for aOOK OBarlr,! 245 paqe 16 . """',., ~."'''I·:,~·V''~ . · 083 W,t 246 Septttmbor 11, 1984 project. with constrv-tion co.t. in exce.. of $1,000,000 or Sy.tem Development Charge. 01 ~75.000. which are included in this ordinance. Co.missioner Holland said this ordinance would keep people fro. having to co.e back before the Co..i.sion everyti.e an extension was n.eded, with which Mr. Cuyler concurred, adding that was as.u.ing that the per.it was valid at the ti.e, and that the other criteria .et forth in the ordinance had be~" met. County ^ttorney Saunders said that one of the proble.. with the building per.its was that all possible exten- .ion. had b)en granted. \ Co.al..ioner Holland moved, .econded by Co..i..lon.r ~ru.e anð carried unanimou.ly, that the public hearing be clo.ed. Cuaai..loner Holl.nd moved, .econded by Co..i..lon.r pistor. that the ord'nance a. nuabered and entitled below be adopted and entered Into Ordinance Book ~o. 191 ORDINANCE 84-64 AN ORDINANCE AMENDING SECT I 011 TWO, SUBSECTIOIf 106.3 OP OIlDINAØCE NO. 83-13, THE COLLIER COUNTY STANDAIlD BUILDING CODE, TO PROVIDE M1THORIT'Y roll THE BU!LDING OPJ'ICIAL TO EXTEND CERTAIN VALID BUILD¡NG PERMITS rOR A PERIOD or TWELVE (12) MONTHS, PROVIDING AN zrrECTIVE DATE. Com.is.ioner Voss referred to the Executive Su.",ary date. 9/6/84 and Provision 3 -The extension application is sub.itted within 5 month. of the effective date of this ordinance-, He asked what would happen if lomething happens two years fro", now, and Mr. Cuyler said the person would be precluded fro. having an extension. adding that this ordinance only applies to building per.it. that were valid as of March 1984. Upon call for the qu..tlon, t~e motion carried unanlaou.ly. Ita. 117 RESOLUTION B4-I76 RE PETITION V-84-16C, LA~EILE BUILDING SUPPLY, RE A VARIANCE rJtOM MAXIMUM HEIGHT OF 35' TO 50' FtJR A CEMD1' PI..ABT LOCATED AT 1109 MAIN STRFET, IHMOKALEE, FLORIDA - ADOPTED Legal notice having been publi.hed in the Naple. Daily New. on Augu.t 26, 1984, a. evidenced by ^ffidavit of Publication filed with the Clerk, public hearing was opened to consider petition V-84-16C, filed by LaBelle Building Supply reque.ting a variance fro. .axi.um height of 35' to 50' for a cement plant located at 1109 Main Street, lmmokale., rlorida. Zoning Director Layne explained that the .ubject property i. zoned Industrial and this di.trict allows ce.ent plant. with the .axi.u. height of 35'. Sh~ laid that Staff recommends approval of the Page 17 F:"~"'d c::;::J r';·,"'F:f~~ ....':. <._P....=,._,-,---~-- I;;; ¡:;::¡ ~ September 11. 1984 Ite. U8 Jt&80LUTIOB 84-177 RE PETITIO~ V-B4-17C, PRZD ABD HAltIE GESSRE!L RB VAltlNIICZa ALLOWINO UDUC'.: 'ONS OP LOT AJU:A SQU~U rOOTAGE. PROIIT SBTBACIt. AIID 1lIA1l YAItD n'>'"\ACIt FOil PROPBRTY LOCATED O. LO'1' 6. BLOCIt -2. MAItCO HI~D8 8UBDIVIS¡~J - ADOPTED I.eqal notice h^vinq been publi.hed in the Naple. Daily News on Auqu.t 26. 1984, as evidenced by ~ffidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-84-17C, filed by Fred and Marie Gessner reque.ting variance. allowing reduc- tion. of lot area fro. 13,000 .quare feet to 7,800 .quare feet to build a duplex, reduction of front .etback from 35' to 28', and reduction of rear yard .etback from 30' to 20' for property located on Lot 6, Block 2, Marco Hiqhlands Subdivision. Zoninq Director Layne explained the petitioner wi.he. to construct a duplex on the above lot. She .aid that when the new zoning ordinance wa. adopted in 1982, two pre-exi.ting variances were built into the RMF-6 distrlct as fOllOw., 1. 6,500 Rquare feet of lot area per unit for non-confor.ing lots. 2. IncreaRinq unit. to nearest whole 1£ above 1/2 a unit, e.g_ 1.53 . 2 units. Ms. !.ðyne .aid that the petitioner's property is 7,800 squa", feet which would allow 1.2 units or 1 unit. She said that ba.ed on the standards that the Board ~URt review, Staff recom~end. denial of this petition. Co.missioner Vo.s pointed out that there are 8 lots in this area and 6 of those lots already have duplexes on them. He a.ked what was wrong with having two eare to which MR. Layne explained that the actual street, Second ^venue, there are 10 lot. with duplexes, 4 vacant 10tA, 2 .inqle fa.ily home. and the Gessner'. lot.. She said that she had to 90 by the quideline. Rhe has and. based on those, .he had to reco..end ~enhl. Co..issioner Pistor .aid he had looked at the area and all the lots are the sa.e size. He said that this i. an area on Marco Island where there i. afforable living and another duplex would help the .ituation. He said that the pictures of the propo.ed duplex indicat.. it would b. an attractive addition to the area. He said he would be in favor of allowing the petitioner to build the duplex. H.. Layne said that the petitioner own. tal 5, the corner lot, and has said if this variance i. approved he'will apply for a varianc. for &OO~ 083rl~t 251 Page 19 _""...._,_.~,'-,"_~__-..",',',"';",,""..._.,-~-___"'"__~'_......"'_"__""~'''__'''C'"'''''''_' ...,..,..-....",.-'.-....-, "",-,_...~,......,""''''';,<..,'-_._''"''''''''"''''''~,<___',I'"''"~,,,"~,,,.-.-''''._,,"'....,__.,..,........ ..~. ~._.._-'.. .......- ... "'~.'-' ~......_.-_..' . '" ~.. .... ..... ~ c:1 ~ &ill September 11, 1984 Ite. tl9 kltSOLUTIOR ~4-178 kit ~ETITION V-B4-1BC. TIP TOP GROWERS , 'AC~EltS. kit A PItOHT YA.RD ~:,-:T8ACIt VARIAØCI PROM 25' to 2.2' FOR PItOPERTY LOCATED,OR '!'BE SB COJtNIIl or PINE AND SECOND STUETS - ADOPTED Legal notice having been published in the Naple. Daily New. on Augu.t 26, 1984, a. evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petiti0n V-84-1BC, filed by Tip Top Grower. , Packers, requesting a front ~ard setback variance from 25' to 2.2' for property located on the .outhea.t corner of Pine and Second Streets, Immokalee, Florida. Zoning Director Layne said that the reason for ~hi. request i. to expand packing for a to~ato gassing section. She said that at the time the building was con.tructed the setbacks were not definite. She .aid t~e .etback. shown are 9.0', 5.9' and 172' and that the 9.0' and 5.9' setbacks would be non-conforming and the addition could not be mad. unle.s a variance i. granted. She said, a building per~it has been i..ued for the addition with an indemnity bond stating that the peti- tioner will remove the slab if the variance is not granted. She .aid that Staff recom.end. approval and release of the indemnity bond. Coo..I..loner Kruse aoved, .econded by Co..i..loner vo.. and carried unan&aou.ly, that the public hearlnq bQ clc."..d. Co..i..ioner HOlland aoved, .econded by Co..i..ioner Itru.. and carried unaniaou.1y, that Re.olutlon B4-17B re P.tltion V-84-18C be adopted. aoO( 083 W! 255 Page 21 .. . ',lIr' l."':_ . ..'.,~ l ' \':;";';:-4': , ,...,"',~'..-,.~.~,"~ ,..,,'-----...--- I=:J r:;;z:::] ~ September 11, 1984 ·*·RECESS. 11.10 A.M. RECONVENED. 11.19 A.M~.·· Tape t5 Ite. 120 RZSOLUTIOR J4-179 ~AMI"O ~LLY ROAD TO BAYSHORZ DRIVE - EPP'ECTIVE 1f0V!:MBER 15, 1984 - ADOPTED Co.~unity Development ^dministrator Virta .aid this ite~ is con- tinued from the 9/4/84 Board ~eeting when Staff made three suggestions for renalling Kelly Road. l1e said that there has been discussion indi- cating a desire on the part of a number of people for consideration that Kelly Road be changed to Dayshore Drive. He said that it is Staff's position that the entire roadway be one name, including the portion that is north of U. S. 41. Commissioner Kruse referred to a list of signature. of 140 re.i- dents of the Kelly Road area and said they have requested the road be rena.ed in line with the four-laning. She said that Bayshore Drive i. the top choice with Gulfgate ßoulevard next and East Bay Drive the third choice. She introduced the list of names into the record. Commissioner Pistor said that he has received calls on this matter and there are many people in business on Kelly Road who say the change will be costly. 11': said that people living on Shådowlawn have expre.- sed the feeling that it has become known as Shadow\awn and that, too, would be cOltly to chanqe. Commislioner Voss said that the objections he has received from the business people in that area have been due to the resulting waste in stationery. He said that could be overcome by .aking the na.e change effective six .onths from now to allow that stationery to be used. He said he perferred the entire street to have one name and recommended Bayshore Drive. Commissioner Holl~nd said that Shadowlawn Drive was named before Kelly Road was and that U.S. 41 divides the road. He said there i. a .imilar situation where Davis Doulevard ~eets U.S. 41. He .aid that \he new four-laned road will be totally different from Shadowlawn. He said that the Supervisor of Elections has requested that any change be effective after the November election. Co..I..loner Holland moved, .econded by Co..I..loner ~ru.e that Kelly Road be rena.ed eay.hore Drive fro. U.S. 41 we.t. effective Deceaber 1, 1984. The folllowing persona spoke in favo~ of renaming Kelly Roadl Lloyd G. Sheehan IOD~ 083 fir,! 259 Page 22 "'L -_.._,~,_.~~-------- u .. __.~'W',O,_ --""~-""""""",,-"---"""'''''',-","--''''' ---...--,,"...-,...-,,-,.----.-...---- 'OD( 083" rA~[ 266 Ite. '22 Septe~ber 11, 1984 ADVEftTISEKE1IIT OP A PUBI.:. '.: KURIIIO FO~ OCTOBER 9, 19B4, FOR M OaDIIIAIrCJ: ISTMLISHUfO All UIII.COk..-OAATED AJUtA-WIDI FlU COtrTllOL DISTRICT ' EXCLUDllIO EXISTIIIO IIIDIPENDENT rlRJ: COVTROL DISTRICTS - APPROVED As.istant County Manager Dorrill said at the 9/4/84 Board ~.etin9 the Com.issioners as~ed that a taxing district bo created to place all of the unincorporat.d areas of Collier County into one taxing district. Hn reco..ended that a pUblic hearing be held on October 9, 1984, for an ordinance establishing an unincorporated area-wide fire control dIs- trIct, excluding existing independent fire control districts. Coaai..loner ~ru.e aov.d, ..cond.d by Co..I..lon.r PI.tor and c.rrl.d un.nlmou.ly, that the .dv.rtl....nt of . public h.ar&n; for October 9, 1984, for the abov.-de.crlbed .atter be .pproved. Ite. '23 COl.LIEIl COUNTY CONTRIBUTION UP TO $15,000 FOR A TRAFFIC LIORT BY BAaJWII COLLIER HIGH SCHOOL - APPROVED County Manager Lus~ reported he had talKed with School Superinten- dent Richey last weeK to worK out an agree.ent to ~aKe it possible to have a tr/lffic l1ght lit the entrance to Bllrron Collier ¡Hgh School on Airport Road. He s/lid the type of light Dr. Richey wants woul only b. in operation during school hours. Ife s!'lid that agree.ent was reached whereby the School Board would pay $12,500 of the cost and h. requested approval of the contribution by Collier County of an amount not to exceed $15,000. Fiscal Offlcer Giles said that the ~oney would co~e from Capital Projects 311, the RO/ld and Bridge and Drainage I.prove~ent Fund. Mr. LusK said that Staff hopes to acco.plish the installation within the next six or seven weeKS. Co..issloner ~rus. aoved, seconded by Co~.I..loner Vo.. .nd c.rried un.nimously, that Collier County contribute up to $15,000 for. tr.fflc llqht by B.rron Colll.r High School. Ite. . 24 DISCUSSION U TRAFFIC CONDITIONS AT THE INTERSECTION OP' DAVIS BOUL!'VAJU> AND S. R. 951. Commi~sioner HOlland said he has received a request for help for the dangerous traffic situation at the int.rsection of S.R. 951 and Davis Boulevard where the blinKing traffic signal ha. been re~oved. H. referr.d to the recent accident at that point and suggested that a temporary light be put at that intersection. Page 25 r=J rz.:J '"""""""'," ~ ·'·'·i. ~... . ',~",~,,'.r.,',-~~,',¡,>,,!,;\:";¡.':;{I":,',,,),':f.,:..-'..,·U.. .,' " :....',·~,~I t' ,,~.,,' \ ,_".... "I ,." '-::.';.:¡!;~' : > '.';;_ ~!:,..",:,~:... <~i ': 'I;'"": . ¡ .: ' ,.~"..' . '" ¡ " . ,,' ," ¡f. ...,=><.'~,~.~""~"~,,.~__~c_..-._""'__... r::::3 c.:::J ~ September 11, 1984 Tran.portation Director ~rchibalo explained that he was to ~eet with the State, this date, ðbout this ite.. Ho said it is hoped that the State will .aintain the four-way .top until .uch time aø the Stat. co.pletes a traffic sl'-..1y of that intersection to determine whether it .eets the State'. warrant requirement. for a traffic light. He .aid that the County ha. made commitmonts to assist the State in installing a light there. Mr. Lusk said that the stop signe need to be identified in a better .anner than they currently are. He suggested eigns a few hundred feet before the intersection indicating a stop sign ahead. Reeponding to Commissioner Holland, Mr. Archibald said that the State has indicated that the County cannot install a light until the traffic study is completed. C".mhsioner lIollðnd ðsked County Attorney Saundere if it would be appropriate to pass a resolution requesting the DOT to expedite thia situation and Mr. Sðundors responded affirmðtively. Commissioner Kruse observed that the traffic turning north iø the worst situation and she asked if auto~atic blinkers could be installed in that spot? Mr. ~rchibald sðid that he will try to convince the State to leave the stop ligns in plðce for the north and south bound .ovements, which the State wants to remove. He said he was going to ask for permission to inst3ll a flashing light on an interim b' .is if the State removes the stop s1gns. He said that he ha. alroðdy Jub.it- ted all the accident and traffic count data to the State. Administrative ^ide to the Board Und~rwood related her experience. at this intersection ðnd expressed her concern thðt something more needs to be done to alleviðte the situation. Mr. Lusk suggested that the Board wait to see what the outcome i. fro. the afternoon .eeting between Mr. Archibald and the DOT repre.en- tatives. ···Com.issioner Pi.tor left the room at 11144 ^.M. and returned at 11150 A.M.··· Mr. Max Haase, Golden Gate resident, expressed hi. concern for the area and agreed with Mr. Luc~'s suggestion to put signs alerting drivers of stop ahead. Later in the afternoon, Mr. Lusk reported that the four-way .top signs will remain at the intersection of Davis Boulevard and S.R. 951 and additional stop ahead signs and portable flashers will be inatalled for north and south bound .ovementa and, beginning this date, the eoo~ 083 r\'.{ 267 Page 26 ....'..... . --~' .."',._,..,,"'""'_._,~.",~.,,'~_.'.---,---,._...- .",&~,,'----"'- .. 083'w;t270 September 11, 1984 APPOIIn'MDTS TO THB COLLIEIt COtJR').'"Y ")'1'-. GENE BJUSS01f; PUSIDEJIT; 101 SMITH. VICE PUIIDEtfT, BA.~BAJIA BLACJI:MOII; 81CR.!'TAKY, PAT MILLlR; Tav.lUUR - IOAIlD OP DIJtZC.~:'OJt8. TItACY IIOLBSItY, .IIIA IlUBI.SIU; LYIOf 1tOS8; MD UOOIE BJWWIf ~-'IlOVBD - Mr. Gene Bris.on, pre.ident of the Board of Director. of the Collier County Fair, reported that following the dllcu.aion on the County Fair at the 9/4/84 Board meeting, the group. adjourned to the Fair offices and discus.ed the matter exten.ively. He .aid that agriculture representatives were lacking for the Fair and he di.tribu- ted copies of a proposed resolution to remedy this situation which li.ted the following persons to be appointed I aene Brisson, President F. P. Dayton, Jr., Vice President Barhara Blackmon, Secretary Pat Miller, Treasurer Tracy Bole..1ty Nina Rubinsld Lynn Ros. Reggie Brown Mr. Brisson asked that John Norman, a charter .ember of the Fair organi~ation. also be considered for appointment. Co~missioner Pi.tor referred tv a letter written to Mr. Tracy Bolesky from the Florida Depôrtment of Agriculture which stated that the main purpose of the Fair. according to the f'lodda Statute. a~,!1 Fair Charter, i. for the pro.otion of agriculture and that it would be advisable for alJriculture to have equal representation on the Board of Directors. Commissioner Pistor pointed out that the above li.t of names only includes one representative from the agriculture field and he a.ked why there could not be more from that field? .Mr. Bris.on Baid that, in hi. opinion, this was possible and that it would be up to the above-na~ed people to sOlicit membership that i. needed. He said that the Fair By-Laws indicate that the Fair is for the public of Collier County and not only for agrlculture. Commis.ioner Vo.s .aid, if the State's recommendation i. to have half representation fro. the agriculture co~.unity, there would be a need for two or three of the officer. from that group, to which Mr. Bri.son .aid if there is 50\ from one group and 50\ from another, there would .till be a divided Fair. He said that the Fair Charter By-law. calls for th~ cultural development and education of the people in Collier County. Tape '6 Mrs. Anne Goodnight referred to the Fair Charter of Incorporation Page 29 ~ ~ ~ I~ c:::c . .' ·.·.:5~::j~f~¡~~~~k~~¥ii~S~ ",' '."'0;;;'~~Y~}~ ,.-""<_....._--,<~"....._"..,'..>""" ",.,~.~,,~"-,"-~_.''''''' ~...~...~,-,- ----,"-''',''.-".,'_..-~<"'.--'~.....-'--- 'OO( 083 p '.t 272 September 11, 1984 Executive Board act. a. an advisory of the day-to-day operation of the Fair. .econd.d by Co..I..loner Holland, that Mr. Brisson said that the board only, and they ta~e care Co_I..lo.,.'r Kru.e lIOYed. the following pwr.on. be appointed. O.n. Brl..on. Presid.nt lob 1.lth, Vic. pre.ldent Barbara Bl.ck.on, Secretary Pat Miller. Tr.a.ur.r and for the aoard of Director.. Tr.cy Iol..kI .Ina Itublnsk Lynn Iles. Il.qqle Brown Mr. Brisson said that the immediate Past pre.ident auto~atical1y beco.es a .e~ber of the Board or Directors and that would b. John Norman. Mrs. Goodnight said that the above propo.al was not acceptable to her group. Upon call for the qu..tion, the .otlon c.rrled 3/2. coaal..loner. PI.tor and vo.. oppo.ed. Mr. Saunders said that the other issue is opening the .ellbership so thðt there can be ðPpoint.ent of other directors. H,~ .uggested a motion that the me.bership be openedr that there be an advertisemcnt inviting people to join the Fair ^ssociationr the above people appointed be considered me.bers of the Fair ^ssociation and that, once the .embership is clo.ed. the new members go through the proc.s. out- lined in the charter for selection of the other directors. Respondinq to Co~.iswioner Holland, Mr. Saunders said that t~.re is no set tim. period for the advertising for new ~embers, and he .ugge.t~d that one wee~ would be sufficient. Co..a..lon.r Vo.s mov.d that the .dv.rtl....nt be of the r.lr .nd th.t the ...ber.hlp be opened for dat.. Ther. w.. no .econd to the motion. Mr. Boles~y said that the chart.r call. for opening the ...ber- ship, however, he did not thin~ that the .embership could be clo.ed. He said his group would be glad to adverti.e for .ember.. Responding to Commi..ioner Pistor, Mr. Bole.~y said that the ch'lrter states that a me.bership application .hall be .ubject to approval by the Board of Director.. R.sponding to Co..i..ioner Kru.., Mr. Bolesky said that there i. no criteria established for beco.ing a .hlp thh _d. for "_.ber- ten "ay. fro. Pag. 31 =:J c:::J r=:= ._....'_._._.,..,.......,--...~ _......_~...... r.:::1 r;z::] ~ September 11, 1984 .emb.r. Mr. Bri.son .aid that no one has ever been denied member.hip. A discu.sion followed during which Mr. S~ith pointed out that 110 p.ople were deni.d ~.mbership to the Fair A.sociation in March 1984. Mr. Bri..on .aid that the people were not denied ~embership, adding that there was not a Board reeting held before the annual meeting for the Board to approve those memberships. Tape .8 Mr. Bri.son .aid that the eight member. appointed this date would ..rve until after the Fair and that eleven other members will be .lected, with new .e.b.r participation, as soon as a meeting can b. scheduled. He said that a Special Meeting could b. called, if necessary. Mr. Reggie Brown .aid he had no faith that the Fair could be operated any differently by the group appointed this date than by the group who operated the meeting when 110 members were refused me.barship. After continued discu.sion regarding opening the m..bership, Mr. Saunders point.d out that under the charter the Board of County Comgi.- .ion.r. only ..lects the officers and the Board of Directors and .aid the chart.r doe. not mandate that the Board would tell the Fair A..oci- ation how to schedule the meetings. Mr. Theron Trimble expressed hi. concern that, in the pa~t, mem- bership has been re.tricted and the re.ult was not repre..ntative of the total community. He said that the new charter filed in Tallaha.... contain. restrictive requirements that close membership, making it difficu}~ :or the Fair to truly serve Collier County. Re.ponding to Co..i.sioner Kruse, Mr. Bolesky .tated that Tallaha.... did not approve the n.w chart.r. Mr. Lynn Ro.. stressed that a per.on doe. not have to b. a Board .e.b.r to help work on the Fair and h. .aid that the A..ociation need. help. \ **~. following It... were approved and/or adopted und.r the Con.ent Aq.nda by action of Co..I..loner PI.tor, .econded by Co..I..loner Kru.. and carried unanl.ou.ly.**· Ite. '32 PBTITIOIf TJt-B4-1BC, EAIlL .. ELEAlroR VAN WIll: U TEMPOAAItY USIDDlCZ '1IlMIT TO USI MOBILE HOME DURINO COIISTIlUCTIOM OP PIlINCIPLZ RZSIDENCZ 0If TRACT 6S, EAST IBO·. UKIT 25, O. O. ESTATES Ite. .33 100(' Ð83 ri'f 273 Page 32 ',·L - ,-,,,,,-,,~,..,~",,-,.,,...,,,,,,,~,,,...._-,,~-,.--_...'-- 'OO( 083 P~(,t 274. September 11, 1984 'ETITIOH TIt-B4-3C. ftOBYIf SBELLEftBSIlGER; IlK 3 MONTH EXTEØSIOR OP TEMPOIl~ AllY USIDENCE nJ.'I;.:IT POll WEST 180' OP TAACT 97; UNIT 34; G;G~ ESTATES Ite. U4 PETITIoø TIt-B4-5C, JOHIf HISLEIl, IlK 3 MONTH EXTElfSIOR OF TEMPORAKY JtESI- DEIICB PERMIT POIt N 150' or TItACT 27. UNIT 4B, G. G. !STATES. OR 10TH ST., s.!., S. OF G. O. BLVD., 1 MILE E, or WILSON BLVD. Ite. U5 PETITIO. TIl-84-11C; A. A. TALLEY, U PIIIAL 3 MONTH EXTDISIOR OP TEMPOR- ARY USIDINCB PERMIT FOR TAACT 104, UNIT 20. G. o. ESTATES. 1.220' WIST \ OF WILSON BLVD. OM 22ND AVENUE., S.W. AND 1/2 MILE SO. OF SR-846 Ite. '36 P!.'TITIOR TR-B4-13C, ELMER W. ODELL, U 3 MONTH EXTDfSIOR OP TEMPORARY IlESIDENCE PERMIT rOR N 150' or TItACT 41, UNIT 21, G. G. ESTATES Ite. '37 PETITION TR-84-19C, WILLIAM E. SCHItADER, RE TBMPOItARY IlESIDENCE PERMIT TO UTILIZE A TItAVEL TItAILER DURING CONSTRUCTIOR OF 'RIRCIPLI IlESIDENCB LOCATED 2-1/2 MILlS E. or WILSON BLVD. OR 18th AVE. R.E., 1 MILE S. OP IlA1íIDALL M. ON TAACT 81, UNIT 25, G. G. ESTATES Ite. '38 PETITION TR-84-2OC, DONALD L. HENDIUcg. JIl., U TBMPOAAr." IlESIDDCE PERMIT TO UTILIZE A TItAVEL TItAILEIl DURING CONSTIlUCTION O~ PRINCIPLE IlESIDDfCE LOCATED 1-1/2 MILES S. or GOLDP GATS BLVD. oø 17TH ST. 8.W,; 2-1/2 MILES I. or SR-951 OR II 75' OP S lBO' OP TIlACT 104. UNIT 194. G. G. ESTATES Ite. . 39 P!'TITION TR-84-21C, HR. , MRS. Et*"'~D HAItI, U TEMPOAARY JtESIDUCE PIRMIT TO UTILIZE A TRAVEL TAAILER DURING CONSTRUCT I Oft OF A PUIJICIPLE IlESIDPCE LOCATED ON 15TH AVE. N.W.. 1/2 MILE E. or SR-951, OR W lBO' OP TItACT 97, G. G. ESTATES Ite. 140 JTPA TITLE I, SF.CTION 124, OLDER IIfDIVlDUALS PROGIlAM CONTAACT See Paq.. d.. CJt <~Of Ite. .41 MISCELLANEOUS CORIlESPORDENCE - rILED AND/Olt ItEFEIlUD There being no objection., the Chair directed that the following ite.. be filed and/or referred to the various department. as indicated below. 1. Copy of letter dated 8/15/84, fro~ Dept. of Revenue to Prop- erty "'pprQis~r Coldlng notifying of chango. to budget for Fiscal Year '84-'85. XCI Mr. Oile.. riled. Page 33 s=:1 c=J t:=:) ·,;í:Ú· ,.,' . ~.~~-,,~. ,;t/.', ,'," - "~'...j;~:~ ;~ ;'.¡'-.-,:,,)',~~.': -' , ",' to' ..", '."¡" ""''',' I,'" ,,':;, ¡.... :,'/' ~.~':~~',~S{>:·:} ;- "'~,"".-~;'" ~ r:;;;:¡ ~ -~ Septe~ber 11, 19B4 2. Copy of Legal Notice received 8/2B/B4, of publ1ç hearinq by Naple. Planning Advi.ory Board on variance Petition 'B4-VII. petitioner - J. C. Penny Co., Inc. for property at Coastland C~nter Ma:\. Filed. 3. Copy of Ar.1¡...1l Control Dept. Report for July, 19B4. xc. Mr. Luek. Filed. 4. Copy of me~orandum dated B/27/84, from Div. of Houeing and Co.munity Development re proposed amendments to Rule 9B-25, F.A.C. Fla. Small Cities Community Develop~ent Block Grant Program plus copy of RUle 9B-25. XCI Mr. Virta and Me. Williamson. Filed. 5. Copy of Final Order dated 8/24/84, from DER denying applica- tion for Permit for Ja~es Dichello, , George Batchelder, Fi1. No. '110828665. XCI Mr. Saunder.. Filed. 6. Copy of letter dated 7/31/84, fro~ Carlos R. Carrero, Engi- neer, Bureau of Coastal Engineerinq and Regulation, DNR, to Mr. David J. Decker, Gee' Jenson Engineers, rv administra- ~ive approval of Permit Number ^ CO-89, permittee name - Collier County (Cla. Pa..). XCI Mr. Norton and Mr. Kuck. Filed. 7. Copy of letter from Carlos R. Carerro, Engineer, Bureau of Coastal Engineering and Regulation. DNR, to Mr. Tom Kuck re administrative approval of Permit Number ^ CO-91, permittee na~e - Collier County (Tigertall Park). Filed. 8. Copy of letter from Elton J. Gissendanner, Exec. Dir., DNR, to James R. McCord re approval of time extension tr· Per.it File Number CO-SO. Filed. 9. Letter received 8/24/84, from John M. DeGrove, Sec., Dept. of Community Affairs, Div. of Local Resource Manage.ent notify- ing that Collier Coun~~ has fulfilled all programmatic and financial requirements as stipulated in the Far~worker Hou.ing Assistance Contract Agreement. xc. Mr. Lusk, Mr. Virta, Mr. Williamson, and Mr. R. Brown. Filed. 10. Copy of letter dated 8/22/84. from Verlon E. Shannon, Chief, As.ist~d Housing Management, HUD, enclo.ing approved copy of HUD For. 52673, Estimate of Total Required Annual Contribu- tion. for Fi.cal Year ending 9/30/84. xc. Ms. Willia..on. Filed. 11. Letter dated 8/21/84, from Michael D. Jernigan, Dir. of Planning, Naples Community Ho.pital, Inc., accepting appoint- ment to Mental Health Advi.ory Council. Filed. 12. Copies of Minute.. Filed. A. Code Enforcement Board, 6/27/84. B. EMSAC, 8/8/84 and agenda for 9/12/84. 13. Copy of letter dated 8/10/84, from Deputy Chief Gibb. to Florida Dept. of Corrections responding to Collier County 'OO( 083' W[ 275 Page 34 ,')¡?,:;}}~ErL...'::.';.;;, ',.' "...,....".-,",".....'".-,..,'''-".....-~,..."..~~~^<.~~.'"''-_._,,_.,-- - "~--""..",,....-,-,,_._"''' .I. aJ~'I, __",','~,,~-'. ~- _·",._~.__T