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BCC Minutes 01/27/1998 R REGULAR MEETING OF JANUARY 27, 1998 OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, that the 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(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Collier County Government Center, Administration Building, Naples, Florida, with the following members present: CHAIRPERSON: Barbara B. Berry VICE-CHAIRMAN: John C. Norris Timothy L. Hancock Pamela S. Hac'Kie Timothy J. Constantine ALSO PRESENT: Robert Fernandez, County Administrator David C. Weigel, County Attorney Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRPERSON BERRY: Good morning. I'd like to call to order the January 27th meeting of the Collier County Commission. If you'll rise, please, for the invocation by Pastor James Honig of Grace Lutheran Church and remain staining for the Pledge of Allegiance. Pastor Honig? PASTOR HONIG: We pray. Lord God, you have called your servants to ventures of which we cannot see the ending by paths as yet untrodden, through perils unknown. Give us faith to go out with good courage, not knowing where we go, but only that your hand is leading us and your love supporting us. By your grace, enable us to attain to the highest standards of excellence and integrity. Through Christ our Lord, amen. (The Pledge of Allegiance was recited in unison.) CHAIRPERSON BERRY: Thank you, Pastor Honig. Before we go into changes on the agenda, may I remind anyone who has any item that they wish to speak to this morning, now is the time to register for that item, not at the time that the item is being heard. So, it just gives you a little time to get that taken care of before we get to those various items. Mr. Fernandez, do we have any changes to the agenda this morning. MR. FERNANDEZ: Yes, Madam Chairman. We have a number. First is to add Item 8(B)(3), is to adopt a resolution for architectural lighting on U.S. 41, Davis Boulevard to Airport Road. CHAIRPERSON BERRY: Okay. MR. FERNANDEZ: Another addition to is add Item 8(B)(4). This is selection of a project delivery method for the Naples and Immokalee jails. This is in response to the board's request last week. The third item is to add Item 8(C)(1) to amend Chapter 89-449 to authorize previously prohibited acts in parks. I would like to continue two items. The first is to be continued to the February 3rd meeting. This is Item 16(C)(1), a grant of easement to Florida Power and Light Company upon real property owned by the Board of County Commissioners. And also we'd like to ask to continue Item 16(E)(1) to no specific date. This is a line item transfer request from Gulf Bay Marine Management, Incorporated to Tarpon Fishing Tournament, Tourist Development Funds, Special Events. Madam Chairman, in addition, I have received two requests to speak on an item that's on your consent agenda. This is Item 16(B)(2), which is the request to reimburse the chairman of the Harco Island Beach Renourishment Advisory Committee for expenses to be incurred in the performance of his duties. We think the appropriate place, if the board wishes to hear this item, is to -- let me see -- place this under 8(B) -- I guess it would be (B)(5). CHAIRPERSON BERRY: Okay. All right. Well, since we have two people here wishing to speak to that item, then we'll go ahead and add it at that time. COHMISSIONER HANCOCK: So, 16(B)(2) becomes 8(B)(5); is that correct? CHAIRPERSON BERRY: Correct. MR. FERNANDEZ: Yes. CHAIRPERSON BERRY: Okay. Is there anything else, Mr. Fernandez? MR. FERNANDEZ: That's all, Madam Chairman. CHAIRPERSON BERRY: Okay. Commissioner Hac'Kie? COHMISSIONER HAC'KIE: I have nothing today. Thank you. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: No changes. CHAIRPERSON BERRY: Commissioner Constantine. COHMISSIONER CONSTANTINE: No changes. CHAIRPERSON BERRY: Commissioner Hancock. COMMISSIONER HANCOCK: No, ma'am. CHAIRPERSON BERRY: Do I have a motion? COMMISSIONER HANCOCK: Motion to approve the agenda and consent agenda as amended. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries unanimously. Item #4A MINUTES OF JANUARY 6, 1998 - REGULAR HEETING - APPROVED AS PRESENTED COHMISSIONER NORRIS: Hiss Chairman, I would make a motion that we approve the minutes of January 6th, 1998, regular meeting. COHMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED This morning it's my pleasure to present some service awards for some people who have spent a good deal of time with Collier County. And the awards we have with us this morning are for 15 years, Gary Hamm. Gary is in the Road and Bridge Department. Is Gary here this morning? There he is. (Applause.) CHAIRPERSON BERRY: Congratulations, Gary. Thank you very much. You have a pin and a certificate. Do you want to shake hands with the rest of the board members? COHMISSIONER HAC'KIE: I'd be honored. Thank you. COHMISSIONER NORRIS: Okay. CHAIRPERSON BERRY: And in the Information and Technology area, we have Sharon Ardrey for ten years. Sharon. (Applause.) COHMISSIONER HAC'KIE: Obviously started when she was 127 MS. ARDREY: I like you. COHMISSIONER HANCOCK: Congratulations. CHAIRPERSON BERRY: A very young employee. COMMISSIONER MAC'KIE: Thank you. CHAIRPERSON BERRY: And Barbara Johnson in Parks and Recreation, ten years. Barbara. (Applause.) CHAIRPERSON BERRY: Thank you so much. Congratulations. COMMISSIONER HANCOCK: Congratulations. COMMISSIONER MAC'KIE: Thank you, ma'am. CHAIRPERSON BERRY: And last, but not least today, Russ Mullet in transportation for ten years. (Applause.) MR. MULLER: If I was a teacher, you couldn't fire me, right? CHAIRPERSON BERRY: I couldn't fire you, no, but you're well tenured now. COMMISSIONER MAC'KIE: He's got on the right tie, too. COMMISSIONER CONSTANTINE: Russ, it seems like 20. COMMISSIONER NORRIS: It's a good start, Russ. CHAIRPERSON BERRY: Twenty more to go. Thank you very much. Item #8B2 RESOLUTION 98-22, AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION OF THE SIX-LANING IMPROVEMENTS FOR AIRPORT-PULLING ROAD PROJECT FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD AND REPEALING RESOLUTION NO. 97-360 - ADOPTED Hoving along then to Item 8(B)(2), adopting a resolution, acquiring some rights of way. Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road. COHMISSIONER NORRIS: Motion to approve. COHMISSIONER HANCOCK: Second. CHAIRPERSON BERRY: Adolfo, this is going to be a very short presentation this morning. MR. GONZALEZ: Good morning, commissioners. Adolfo Gonzalez, Capital Projects Director. As always, the reason we -- this is a regular agenda item is because we're requesting by gift, purchase or condemnation and it's to give the property owners their due process. It's to acquire the easements necessary to build a sidewalk on the west side of Airport Road and some intersection improvements at Orange Blossom and Airport Road. CHAIRPERSON BERRY: Okay. Are there any other questions? We do have a motion and a second. Hearing no other questions, I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #883 RESOLUTION 98-23, FOR ARCHITECTURAL LIGHTING ON U.S. 41 (DAVIS BLVD. TO AIRPORT ROAD). - ADOPTED Item 8(B)(3), resolution regarding architectural lighting on U.S. 41 and Davis Boulevard. Mr. Bobanick, good morning. COHMISSIONER CONSTANTINE: I'm going to have a couple questions on this. MR. BOBANICK: Good morning, commissioners. CHAIRPERSON BERRY: Okay. MR. BOBANICK: For the record, my name is Dave Bobanick. I'm transportation director for Collier County. Commissioners, this is a housekeeping issue. On January 6th, the board approved a joint project agreement between Collier County and FDOT. The FDOT requires a resolution be approved to accompany this agreement, and staff is recommending that agreement or that resolution be approved at this time. CHAIRPERSON BERRY: Okay. Commissioner Constantine. COHMISSIONER CONSTANTINE: Just for clarification, the -- where it reads under fiscal impact, this will be funded by a combination of available reserves and surplus carried forward in the road districts. I assume that's just the carryforward and reserves from the two road districts, I imagine -- MR. BOBANICK: That's correct. COHMISSIONER CONSTANTINE: -- and not all road districts. MR. BOBANICK: That's correct. COHMISSIONER CONSTANTINE: Thank you. COHMISSIONER HAC'KIE: Motion to approve. COHMISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: Okay. We have a motion and a second. Any other comments or questions? I'll call for the question. All in favor? Motion carried -- or opposed? I'm sorry. (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Moving on then to item -- COHMISSIONER CONSTANTINE: It's one way to expedite it. CHAIRPERSON BERRY: I'll tell you. COHMISSIONER HAC'KIE: We have no dissension. Item #8B4 SELECTION OF A PROJECT DELIVERY METHOD FOR THE NAPLES AND IMHOKALEE JAILS - STAFF TO PURSUE CONSTRUCTION MANAGEMENT AT RISK OPTION CHAIRPERSON BERRY: Item 8(B)(4) concerning the Naples and Immokalee jails. MR. GONZALEZ: Good morning again, commissioners. Adolfo Gonzalez, Capital Projects Director. Last Tuesday, you had asked staff to look at alternative methods of providing the construction services and design services for the Immokalee jail center. Since that direction, we have met with the county administrator and the public works administrator and tried to brainstorm as to some options that are available to you. The chart that I just handed out, which I have more for the audience available, iljustrates -- compares and contrasts three different types of project delivery systems. One is what I'm calling the Design-Bid-Build or our conventional method that will continue to be the prominent procurement method for the county. We know the method. We're comfortable with it. It works for many different projects. The middle one is Design-Build, which has been used in the past successfully in the county, and the last column, the one to the right, is Construction Management at Risk. In the first column are some of the issues that are of importance to consider when selecting one method over another method. I won't read those to you there. I tried to give you as much factual information as to the benefits, the pros, the cons of the three methods. Staff is recommending that you proceed with a Construction Management at Risk approach for both the Immokalee jail and the Naples jail as a multiproject, multiphase approach to getting all of the correctional facilities capital improvement program completed. The reason for that is -- there's several reasons. One is we could apply what we learn during the Immokalee jail construction, albeit it's a simple project, but we can apply that information to the Naples jail project. If we set up a positive relationship, contractually and informally with the construction manager and design professional during the Immokalee jail, we can carry that forward to the Naples jail, which is a much more complex project. In other words, we're paying for the learning curb on the simpler project and applying the successes on the more complicated project. I would recommend that we -- you would consider a multiphase approach so that if we don't have a positive relationship, we always have the right -- you have the right to terminate that relationship and enter into another relationship with another contractor, another design professional. What I would recommend to you is that we first secure the services of a construction manager, the firm that will ultimately construct and be responsible for the constructive facility. That construction manager would then sit in on the selection committee with county staff to select the design professional and they would work hand in hand during the design process. The construction manager would give them constructibility opinions during the design process so that, hopefully, by the time we get to -- close to the end of the design when the construction manager would give us a guaranteed maximum price, there are no more unknowns. Everything is well thought of. The construction manager has given us his opinion during the design process, so we hopefully would avoid any claims or change orders or unforeseen conditions that may pop up during the construction process. Another good reason is that we may actually save time on the overall schedule. On the conventional method, we design it, we bid it and then we construct it. Three different time processes in there. Under this method, we would hire one construction manager, hopefully, and then we would hire the design professional and that's it. We would do that just once for the entire process. So, we could do the Immokalee jail and Naples jail expansions and Naples jail renovation with the same contract and we'll save on that proposal process. We'll also save on -- we won't have to go through the bidding process. The construction manager would use our process but that would occur toward the end of the design process and we would save time. It wouldn't be sequential. Some of those would run concurrent. So, we should save overall time for that process. That's some of the reasons why I would recommend that you would consider a Construction Management at Risk. The concept of at risk is that the construction manager actually holds the contracts with the subcontractors and the trades. About a year, year and a half ago, I interviewed Dave Lesansky, the Collier County Public Schools Capital Projects Director, who at that time -- and I don't think that their opinion has changed -- was very pleased with some of their construction management projects that they were doing. For those same reasons, it's used throughout the state by municipalities and public schools. It seems to work where there is either a unique project or a multiphase project or we want to ensure that we get the quality -- well, we get what we pay for throughout the design and the construction process. CHAIRPERSON BERRY: I've worked with both kinds of situations here, and I'll tell you the -- the latter is certainly much preferable over the -- the first one that you have, the Design-Bid-Build, all those kinds of things. The latter is certainly a much better working situation. One other thing I have a question about is in regard to the design that you'll be working with, whatever is the best practice in terms of jail construction from an operating standpoint because I think that's kind of the critical area. Building is one thing but the operation of it overall is -- is certainly a big thing, a big question that I have. Commissioner Hancock, I believe you had a question. COMMISSIONER HANCOCK: Yes. Two. First, Adolfo, have we utilized the Construction Management at Risk process in OCPM to date? MR. GONZALEZ: No, sir, we haven't. I do know that several years ago, the original jail was built under an agency construction management process and that, from what I've been told, was not a successful venture on our part or the construction manager's. In that case we held the contracts with multiple parties and there was -- it was a nightmare of coordination, as I am -- I've been told on that. So, that's the difference between this one and the construction management process we've used in the past. COHMISSIONER HANCOCK: There's always a risk when you're asking the board to go into uncharted territory a little bit, particularly when you throw the word risk in there. You clarified it a little bit, but the at risk (CM), we need to be more specific so that that -- so the next thing we don't read in the papers is, you know, the -- the board pursued an at-risk pad -- path to building a jail. At risk basically refers to the fact that you bring the -- the contract manager on board and that contract manager is then the one who is responsible for the performance where they are not paid more or less, because they're the individual, the point person at risk -- MR. GONZALEZ: Right. COMMISSIONER HANCOCK: -- if performance does not meet the stated expectation and the -- and the bars that we set. Is that correct? MR. GONZALEZ: Yes. That's why they hold the contract. They're the ones that are at risk at meeting our performance standards, our specifications, our design drawings other than us. COMMISSIONER HANCOCK: Does that have a tendency to reduce litigation and the county's involvement in -- in subsequent litigation in a construction project? MR. GONZALEZ: I can tell you I don't have any personal experience with it, but the literature I've read indicates that, yes, it's less litigious than the conventional approach because he's involved during the design phase. He's paid a fixed fee during the design phase, not a percentage of the total construction costs. So, he is serving our interests during the design incorporating what he thinks is a constructible project which ultimately should avoid claims, prevent claims, during the construction projects. As mentioned here, if there are any -- the -- his books are open to us. At the end of the project, we would actually audit it and they would get paid for the actual costs incurred plus some prenegotiated fee for general overhead, profit, general conditions. Any savings below the guaranteed maximum price would come back to us, whereas the other two methods, they're taking the risk. They don't know exactly what the specifications are like at the begin -- for instance, a Design-Build, and any savings would accrue to them. It's -- it's part of doing business for them. COMMISSIONER CONSTANTINE: Madam Chairman? COMMISSIONER HANCOCK: Would you say that -- I just want to ask one last question. Would you say that because the complexity, not necessarily of the Immokalee facility but of the Naples facility, that having a construction manager is -- is, say, the difference between this and a standard road project that OCPM can handle, is that really why we're looking at this seriously, because of the complexity of the project? MR. GONZALEZ: Certainly, the Naples jail project is a complex -- drawn out over several phases. There -- that is a very unique project. The difference between the construction management work that OCPM provides, and this is that, again, someone is holding the contracts for the county. When we -- we are more of an agency type of a construction manager. We advise the operating departments as to what their needs are and coordinate that, but ultimately the risk in that case falls with us if we hold the contracts, whereas with the at-risk construction manager, the construction manager is holding the contract. COMMISSIONER HANCOCK: Thank you. MR. FERNANDEZ: Madam Chairman, one of the things we discussed last week is the fact that I had had the experience of going through this in Alachua County and we did discuss that experience. We used the construction manager forum there and we did have litigation and I think it helped the county's position in that litigation. One of the mistakes I think we made there is that we didn't bring the construction manager on board early enough prior to the hiring of the architect and that -- that was one of the flaws that we had in our -- in our approach. In this case we're recommending that we start with the construction manager and I think that's the way to go. CHAIRPERSON BERRY: Absolutely. MR. FERNANDEZ: I definitely believe that the complexity of the Naples jail is what really prompts us to look at this forum, although that -- the complexity of the Immokalee jail probably wouldn't warrant this -- this approach, but the fact that we have both projects ultimately to address and, as Adolfo mentioned, the fact that we have the ability to test their relationships and the -- experience the -- the structure of this approach with a smaller project gives us a definite advantage to determine whether we want to continue this as we move in a more complex project. So, we had a very good discussion of the alternatives, and I -- I feel very confident this is -- this is the most prudent approach for us to take. CHAIRPERSON BERRY: This construction manager can obviously be a contractor. I mean, in many cases -- sometimes, it's not always, but it -- many times now it's -- it is a -- whoever the contractor is acts as the construction management part of it. They have that designation. But it works -- it can work extremely well. It doesn't mean it's a hundred percent but it's -- it works, I think, very well. Commissioner Constantine. COHMISSIONER CONSTANTINE: I don't necessarily oppose the idea but I've got to ask the question when -- when you use the school board as the example between yourself and Mr. Conrecode, in your position before you. The county has a pretty good track record of actually managing even the complex problems on time and on budget. It's not a criticism of the school board but that hasn't always happened on their side despite using a manager. And I'm wondering, can you explain to me the disparity there and just give me some assurance that we're not going to see that by changing the formula that seems to be working for us? CHAIRPERSON BERRY: I can tell you about two of the projects. Those were not -- MR. FERNANDEZ: It changed the scope. CHAIRPERSON BERRY: That was a different situation. It was not the construction manager. The ones -- the successful have been Gulf Coast High School. That's construction management, and it has worked extremely well, ahead of schedule. The school is ahead of schedule and it's -- it's gone along very, very well. The others were the bid process. So, that's the difference. COHMISSIONER HANCOCK: There's -- the bid process does provide for a certain disconnect and makes -- the focal point -- it makes the county the focal point and sometimes you don't always have the expertise as well as our folks in OCPH are talented. Sometimes you don't always have the expertise to be that point man in certain projects, so I appreciate the recognition that this project lends itself to seeking that kind of outside construction management. I think that's -- that's a worthwhile recognition. CHAIRPERSON BERRY: Commissioner Norris. COHMISSIONER NORRIS: Mr. Gonzalez, the question I have relates to the cost overruns under the construction manager at-risk scenario. If the construction manager has to absorb the cost overruns, then he is naturally going to inflate or pad his original contract price. Now, that's only normal because he doesn't get to share in the cost savings if that's the way the project goes. So, how -- in other relationships of this kind that -- that we have seen locally, perhaps in Lee County or maybe with our local school board, what is the -- do we have any way of knowing how much the construction management firm, who would be adding to his contract price in order to absorb those cost overruns? MR. GONZALEZ: From the literature that I've read and some of the people in the industry that I've spoken to, there are two ways that he will minimize that contingency. There will be -- there will most likely be a contingency within the guaranteed maximum price, but that contingency will come after the plans, after the specifications are defined, and would cover any unforeseen conditions you would find during the construction of any normal project. The difference between that and, let's say, the conventional method is, with the Design-Bid-Build, the bidder is, assuming he understands what the owner's intent is, and he's putting in his own contingency, he's burying it in the price somewhere. We don't know where that may be. With the Design-Build method, the contingency may be less than, let's say, the conventional method but still the constructor has to crystal ball what the specifications are going to be since we won't have a full design by the time he gives us a guaranteed maximum price. So, the -- there will be a contingency in all three methods. I would think that under the construction management approach, the contingency would be the least amount and, again, that would be open for us to look at, for us to determine whether it's reasonable, acceptable so that we can account for any problems encountered during the construction project. COHMISSIONER NORRIS: So, his actual contingency and his -- his final guaranteed maximum price comes at a later point in the process than through the other methods is what you're telling me. MR. GONZALEZ: I understand that it can come as early as the schematic plans. I think that's a little bit too premature and it could come as late as a hundred percent plans. I'm comfortable with requesting the construction manager to give us a guaranteed maximum price after the design is completed, the final design, somewhere between 70 and 90 percent plans -- CHAIRPERSON BERRY: Then, too, after you -- MR. GONZALEZ: -- after 90 percent plans were -- CHAIRPERSON BERRY: -- after you get that, you can go back. If that's not what you had in mind pricewise, you can go back and go through value engineering, you know, and -- and say, look, you need to take another look at this. You're saying that you're going to use A, B, C kind of -- for example, brick, and we think that that, you know, maybe is a little more costly than what we had in mind. What's an alternative to that that is going to give us the quality that we want but is going to be a little less costly? And you can do -- you can go through various items, and not that you do it personally as a board, but they will go through and -- and look at all those items and then come back and tell you where you can save some money. Originally it's kind of like, you know, you get all your ideas out here on what you think you want and then you start putting prices to it and if it's more than what you think it is, you say, no, I'm sorry, that's not -- you know, I can't afford that. COHMISSIONER HAC'KIE: Just like home. CHAIRPERSON BERRY: It's just like home but, you know, maybe we can reduce this a little here and -- and use something that's the same quality but it's -- it's a little less expensive. COHMISSIONER HANCOCK: That's a good analogy because some people will be calling it home. CHAIRPERSON BERRY: Well, we hope for not a very long period of time. COMMISSIONER MAC'KIE: Yeah. CHAIRPERSON BERRY: Anyway. COMMISSIONER CONSTANTINE: As long as it takes. CHAIRPERSON BERRY: As long as it takes, that's true. Are there any further questions for Mr. Gonzalez? COMMISSIONER HANCOCK: If there's no further questions or discussion, I'd move the board give direction to pursue the third of the three options, which is the at risk for the contract manager option. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: Okay. We have a motion and a second. Any further comments? I'll call the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #8B5 REIMBURSE THE CHAIRMAN OF THE MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMITTEE FOR EXPENSES TO BE INCURRED IN PERFORMANCE OF HIS DUTIES - APPROVED Item 8(B)(5), which is an item that was pulled off the consent agenda because we have a couple of people who would like to speak to this issue, and the issue is the reimbursement of the chairman of the Marco Island Beach Renourishment Advisory Committee for expenses to be incurred in performance of his duties. Who do we have, Mr. Fernandez? MR. FERNANDEZ: Madam Chairman, the first speaker is George Derbyshire. UNIDENTIFIED SPEAKER: George had to leave. He had a doctor's appointment. MR. FERNANDEZ: Oh. Then the next is Harold Appel. MR. APPEL: Yes. MR. FERNANDEZ: Okay. CHAIRPERSON BERRY: I'm a director of the Glades Country Club Association. CHAIRPERSON BERRY: Your name, please, sir? MR. APPEL: Harold Appel. And we've been working for the last four years to do something about Palm Drive, slowing down the traffic -- COMMISSIONER NORRIS: This -- this is not the same stuff -- MR. APPEL: -- to protect the pedestrians, the bike trail. That's not -- COHMISSIONER NORRIS: Excuse me, sir. That's not this item. CHAIRPERSON BERRY: That's not this -- MR. APPEL: That's not the subject. That's why I was questioning it. MR. FERNANDEZ: 16(B)(2) is what you asked for. MR. APPEL: Well, then that was put down wrong. COHMISSIONER NORRIS: 16(B)(5) is what he wants. MR. APPEL: I'm sorry. It's my understanding we won't even have to talk on that. CHAIRPERSON BERRY: The neighborhood traffic management? MR. APPEL: Palm Drive. COMMISSIONER HANCOCK: In that case, I assume we don't have anybody for 16(B)(2)? MR. FERNANDEZ: No, we don't. CHAIRPERSON BERRY: Nobody -- COMMISSIONER CONSTANTINE: Motion to approve 16(B)(2). COMMISSIONER HANCOCK: Second. CHAIRPERSON BERRY: All right. COMMISSIONER NORRIS: Wait a minute. Now -- COMMISSIONER MAC'KIE: Five is already withdrawn. COMMISSIONER CONSTANTINE: Pardon me? CHAIRPERSON BERRY: I know, but we have no -- we have no speakers. COMMISSIONER HANCOCK: Madam Chair, if you'll look at the record, we will -- we moved 16(B)(2) -- CHAIRPERSON BERRY: That's correct. COMMISSIONER HANCOCK: -- and approved that, so we're going to have to take action on that and then amend the -- CHAIRPERSON BERRY: That's right. COMMISSIONER HANCOCK: -- agenda if necessary. Is that -- CHAIRPERSON BERRY: I'm getting there. COMMISSIONER HANCOCK: Okay. COMMISSIONER MAC'KIE: In a minute. CHAIRPERSON BERRY: We have a motion and a second to go ahead and approve Item 16(B)(2), which is the Marco Beach Renourishment Advisory Committee expense. Is that correct? All those in favor? Motion carries five-zero. MR. FERNANDEZ: Madam Chairman? CHAIRPERSON BERRY: Yes. MR. FERNANDEZ: I was informed by Mr. Appel that if the item has in fact been approved as it has been as part of the consent agenda, he has no need to speak -- CHAIRPERSON BERRY: Okay. MR. FERNANDEZ: -- so the item has been taken care of. CHAIRPERSON BERRY: All right. Then we'll go ahead and continue on with the agenda. Item 8 -- I'm sorry. I think we've gone through all of that. COMMISSIONER HANCOCK: 8(C)(1), I think. Item #8C1 AMEND CHAPTER 89-449 TO AUTHORIZE PREVIOUSLY PROHIBITED ACTS IN PARKS - STAFF TO PROCEED WITH AMENDMENTS RELATING TO ITEM #2 - REQUEST FOR BONFIRES; AND ITEM #3 - REQUESTS FOR OTHER ANiMAL ACTIVITIES SUCH AS DOG SHOWS CHAIRPERSON BERRY: 8(C)(1), amend Chapter 89-449 to authorize previously prohibited acts in the parks. COHMISSIONER HANCOCK: That sounds a lot worse than it really is. COHMISSIONER HAC'KIE: Yeah. CHAIRPERSON BERRY: Well, I don't know what you have in mind, Mr. Olliff, but -- COHMISSIONER HAC'KIE: Some bonfires, some wedding receptions and nice things. And we've talked about this before. CHAIRPERSON BERRY: Yes. COHMISSIONER HAC'KIE: It's just a clarification. COHMISSIONER CONSTANTINE: Bonfires out, wedding receptions. COHMISSIONER HAC'KIE: I make a motion to approve. COHMISSIONER HANCOCK: Well, if you were at the -- and you -- you were at the legislative delegation. I saw you there. COHMISSIONER HAC'KIE: Yep. COHMISSIONER HANCOCK: There was some real concern by Senator Dudley and others regarding alcohol and events and whatnot. And I think Mr. Olliff was -- wanted to seek some clarification from the board to be more specific on the legislation so we don't throw the baby out with the bathwater in case somebody at the state level has a problem. COHMISSIONER HAC'KIE: I guess -- I'm sorry. Go ahead and make it. You're right. MR. OLLIFF: For the record, Tom Olliff, the Public Services Administrator. I think the title is a lot worse than the item. What's actually here before you is an item that you've seen before when it was presented to the legislative delegation. I think the bill that was revised was revised by the attorney's office and with the best of intentions was trying to clean up a lot of other items in the state legislation outside of just bonfires. When we reviewed the actual statute language, we realized that many of the park rules are there in a state statute, and in order to change a local park rule, because it is a special act, requires action of the legislature in order to actually amend a local park rule. That's a bigger issue and we'll deal with that at the next legislative session, but we wanted to bring to you three particular items for consideration by the legislative delegation. And I appreciate you adding it on, but they had a 30-day advertising requirement which forced us to have it on this Tuesday's agenda in order to meet the Tallahassee agenda. The three items that were -- are left here for your consideration are, one, that I think is easy and we can dispense quickly, which is the bonfire issue, and that's the one that was directed by the board and that is one of the amendments. The second one is a request that would allow animal activities. And if you would, I -- I think several of the park -- friends of the park's groups have Royal Lipizzaner stallion type fund-raising programs. We have had animal control provide pet shows in the parks to try and enhance our adoption program. Those kind of special items would be allowed in the parks under this -- this amendment. And the third one, the only reason it is in front of you is -- is an opportunity for the board to discuss the use of alcohol on a special case-by-case basis in parks. And the reason it is here is only because there are requests that come from the public on occasion. The most recent one that I can recall was at the Golden Gate Frontier Days when there was a request to set up -- and -- and I can't recall which of the groups wanted to do it. It was either a Kiwanis, a Rotary or a Jaycee type group wanted to set up a beer tent as part of the organization's fund-raising efforts. They wanted to do it on a far corner of a parking lot of the Golden Gate Community Center. We couldn't allow that because it was on park property and we currently have prohibitions against any alcohol within the parks. And the board -- because this is a state statute, the board couldn't even consider that should they wanted to have brought it to you. And the only reason we're bringing it here is because there is a -- such a limited window. If the board wants to consider it, this is the only opportunity that you actually have. COHMISSIONER HAC'KIE: Don't we already have alcohol at wedding receptions at the Golden Gate Community Center, which is a park? MR. OLLIFF: We have and it is a very odd situation because you can have alcohol in one half of the building, you cannot have alcohol in the other half of the building. One half of the building was funded through an HSTU. That HSTU portion specifically included the use of alcohol within that portion of the building. That's the only building in the entire park system that currently is allowed to have any alcohol use at all. COHMISSIONER HAC'KIE: Which I think is perhaps ridiculous. I mean either we can or we can't have alcohol in some of these county park -- you know, on a case-by-case approval basis. COHMISSIONER HANCOCK: I'd hate to take something away from the Golden Gate Community Center, but I'm picturing like, say, Veterans' Park, for example. It's a multiuse building and there's a -- picture a daytime wedding reception with an overly nervous groom. COHMISSIONER HAC'KIE: Been there? COHMISSIONER HANCOCK: No. I'm just speaking from, you know, a third party here. COHMISSIONER HAC'KIE: Hypothetically. COHMISSIONER HANCOCK: Yeah, but because it's a multiuse building, the activity is not necessarily contained just to that party. It's -- you know, the building is open for other uses and whatnot. The parking area is used by everyone, including the kids going to the playground and whatnot. And it's the mixing of those uses that I think creates the problem, not the uses themselves. So, my concern is, yes, that we have an anomaly at the Golden Gate Community Center that doesn't make a heck of a lot of sense, but it's also based on some of liability because of the HSTU existence and the fact that the -- the center is operated in part by funds from residents of Golden Gate, they can choose to do that. If we start doing it at county parks, my concern is just the mixing of uses. And I'm not sure we want to -- want to go down that road. And as much as I'd like to see somebody's wedding reception have a, you know, glass of champagne for a toast, I think it's just too difficult to enforce consistently. COHMISSIONER HAC'KIE: Well, what would be the -- is the request that it be allowed across the board or that on a case-by-case basis you would be able to come -- would you have to come all the way to the county commission to ask for permission or staff permission? How would it be authorized? MR. OLLIFF: The way the language is currently drafted is that there would be policies and procedures that would be adopted by the Board of County Commissioners and it would be put in place. It could be authorized at a staff level but according to whatever policies or procedures were established here at this level. COMMISSIONER CONSTANTINE: Well, if it would change state statute, we wouldn't have to change here. We could still keep the prohibition if we wanted. MR. OLLIFF: Correct. COMMISSIONER MAC'KIE: But it would give us the opportunity to discuss it and maybe figure out something that would work -- MR. OLLIFF: Right. And -- and if you -- COMMISSIONER MAC'KIE: -- more generally. MR. OLLIFF: If, as a policy basis, you wanted them to come to this level on a case-by-case basis, it could be structured that way as well. COMMISSIONER NORRIS: Well, we actually have an opportunity to discuss it right here today and I certainly am not supportive of making any change to our current county policy of not having alcohol at any of our county properties, not just the parks properties. COMMISSIONER MAC'KIE: I'd like to provide the public an opportunity -- I mean if we're going to close the door -- well, since this was an add-on, nobody -- not that I'd know if anybody even cares, but I hate to shut down a public discussion with an add-on item where the public didn't know it was going to be discussed. CHAIRPERSON BERRY: What -- what has been the request? I mean what -- how many requests do you get, can you say? MR. OLLIFF: You won't get an overwhelming number. I -- I would say over the course of a year, if we get 12, I think that would be a big number generally because the policy is known countywide. The only real request that we will get is for that particular fund-raiser type event, which may be off grounds or outside, and the occasional wedding reception. Most of our community centers have a -- a surprising amount of wedding activity and the receptions generally come with requests for alcohol; champagne. COMMISSIONER MAC'KIE: I'd be willing to discuss it in the future which is why I have a motion on the floor in favor of it. COMMISSIONER HANCOCK: Madam Chairman, I think Mr. Weigel had something. CHAIRPERSON BERRY: Mr. Weigel. MR. WEIGEL: Well, as Tom has stated, really in regard to any aspect of proposed amendments to the local special act, in regard -- and in particular in regard to the prohibition of alcohol or the sale or use, consumption of alcohol in a county park, the idea of this amendment is merely to make it a home rule policy decision as opposed to a policy decision of the state legislature, which it is right now in the act, nothing more than that. COMMISSIONER CONSTANTINE: I think it's just a good, general Republican philosophy. COMMISSIONER MAC'KIE: It leaves a message. CHAIRPERSON BERRY: It's home rule. COMMISSIONER MAC'KIE: Anyone -- was that a second? COMMISSIONER CONSTANTINE: I'll second. CHAIRPERSON BERRY: I -- I certainly supported the home rule aspect. Whether I support, you know, the -- COMMISSIONER MAC'KIE: I don't know. CHAIRPERSON BERRY: -- alcohol portion of this or not is -- you know -- COMMISSIONER CONSTANTINE: That's right. CHAIRPERSON BERRY: -- that's another matter, but as far as the home rule part of it, definitely whenever you can make rules that we can deal with here, I think that certainly is -- is a better situation than having Tallahassee tell us what we need to do down here. COMMISSIONER HANCOCK: I agree that you might -- I don't have a problem with it being prohibited necessarily, so I -- I don't -- CHAIRPERSON BERRY: Right. COMMISSIONER HANCOCK: -- I don't see the advantage to the home rule in this area, but I -- I can -- as we simplify and count to three, but here's my concern. There was some concern expressed by at least Senator Dudley and I don't know if -- I think Representative Livingston even made a comment. My concern is that if we include this, we don't want to lose the bonfire issue, which is why we started this in the first place. So, I would like to give the authority to our staff to monitor this and should there be some resistance to the local delegation sponsoring this because of the alcohol provision, I would rather see it pulled and see the bonfires and the dog shows go ahead because I think they're -- they're, you know, good ideas. COMMISSIONER MAC'KIE: I amend my motion to that effect. COMMISSIONER HANCOCK: Thank you. COMMISSIONER NORRIS: Well, I can -- you know, I support home rule but there's -- there's many, many, many instances -- CHAIRPERSON BERRY: True. COMMISSIONER NORRIS: -- all three are outlawed where federal, state and local agree and always will agree and just to -- to amend the state law that -- that everyone agrees with just for the principle of saying, well, now we can -- we can have home rule, I -- I don't see the point in that. We don't -- we don't have any objection to a federal law being administered from a federal level for treason, for example, our state law for -- for capital murder are those sort of instances, so why would we object to a state law that prohibits alcohol in the parks when we all agreed that that's what we want to do except for one? COMMISSIONER MAC'KIE: Well, I'm not sure if I agree. I haven't -- I don't have a position yet. I'd like for the public to be able to take -- make their say about whether or not alcohol should be allowed in public parks, but the answer to that question is because we're talking about local parks. We're not talking about federal treason. COMMISSIONER HANCOCK: And, Commissioner Mac'Kie, I appreciate the amendment. I'm not going to support the motion just because I would rather have that debate before we ask the legislative delegation. I'd rather put it on agenda and have the public tell us what they do or don't want from their county parks before going to the delegation. So, I'm not trying to talk you out of it. That's why I'm not going to support the motion but I do appreciate the amendment just the same. COMMISSIONER MAC'KIE: Sure, because that -- I don't want to lose the bonfires. That is the most important thing. CHAIRPERSON BERRY: Well, are we cutting off our nose to spite our face here? You know -- COMMISSIONER MAC'KIE: We're giving the staff the authority to ask if there can be delegation support for the bill as proposed and, if there's not, then to withdraw the alcohol provision and propose only dog shows and bonfires. COMMISSIONER NORRIS: Why can't we do that today? I don't understand why we can't do that today, just say -- CHAIRPERSON BERRY: Can we do the bonfire portion of this? MR. OLLIFF: Oh, absolutely. You can do -- COHMISSIONER HAC'KIE: Yeah, pick -- you know, you don't have to do it on -- MR. OLLIFF: One out of three, two out of three or none of three. It's completely -- COHMISSIONER HANCOCK: We can on -- CHAIRPERSON BERRY: Go with two and three. COHMISSIONER HANCOCK: Okay. Yeah. Okay. That's -- that's my preference. I just -- I thought I heard three people supporting at least moving ahead on the alcohol side to give us that choice later on. I understand you're not making the decision today, but that's why I suggested the amendment. It would be my preference to just proceed with items two and three as a request. I think that would breeze through the legislature __ COHMISSIONER HAC'KIE: Sure. COHMISSION HANCOCK: -- without a problem. COHMISSIONER HAC'KIE: I don't have a problem because you make a good point about having the public discussion before we go to the legislature. CHAIRPERSON BERRY: Yeah, I think so. I think so. COHMISSIONER HANCOCK: In that case, I'll offer a substitute motion -- COHMISSIONER HAC'KIE: Sure. COHMISSIONER HANCOCK: -- that we authorize staff to proceed with the amendment to Chapter 89.449 for items two and three on Page 1 of the executive summary. COHMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. Any further discussion? Do we have -- obviously don't have any speakers on this, I'm sure. All those in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. MR. OLLIFF: Thank you. Item #8El FINAL RANKING OF PROPOSALS AS RECOHMENDED BY THE SELECTION COHMITTEE AND INSTALLATION AGREEMENT WITH CONSOLIDATED MEDIA SYSTEMS FOR INSTALLATION AND TRAINING FOR THE BOARDROOM AUDIO/VISUAL AND BROADCAST REPLAY SYSTEM, RFP #97-2758 - APPROVED CHAIRPERSON BERRY: Moving on then to Item 8(E)(1), approval of ranking of proposals and installation agreement with Consolidated Media Systems. Miss Herritt. MS. HERRITT: Good morning. For the record, Jean Herritt, Franchise Administration. Presented to you today for your consideration is a contract between the county and Consolidated Media, Incorporated. This agreement is for the installation of equipment in the boardroom that will provide an integrated media system that will allow for an easy exchange of information in the room promoting presentations of documents, charts, maps and other materials relating to agenda items, whether they be printed materials or on computer file. COMMISSIONER HANCOCK: Hiss Herritt, if I may be so rude as to interrupt, has the whole board seen this, because I was very impressed with what your department put together and the work that you put into it. I think the public has been asking for more clarity and more visibility for exhibits and whatnot, particularly through the television, and I think you've met that on a shoestring budget and I'm very pleased with it and would be pleased to move the item. COMMISSIONER MAC'KIE: Second. COMMISSIONER CONSTANTINE: Second. COMMISSIONER MAC'KIE: And just an additional endorsement, what a -- what a thrill. When you and I came on the board, there was a regular agenda item to spend this money out of general revenue funds to do this and we -- we, as a board, turned that down. And Miss Merritt was successful in getting this funded, you know, without taxpayer money by having the media companies pay for it essentially. So, wonderful work. MS. MERRITT: Thank you very much. CHAIRPERSON BERRY: For the public, one of the things that this is going to mean to you is that many of the documents that we are handed when individuals come up here and present things to us, many of those documents will now -- you'll be able to see them as well. They'll be on big monitors that will monitor -- will be placed up here on either side and the public will now have the access to see the same information that we're looking at. So, I -- I think that that's going to be beneficial to the general public as well as to us. I think we have a motion and a second. Do we have any speakers on this issue? MR. FERNANDEZ: No speakers. CHAIRPERSON BERRY: Nothing? I'll call for the question. All in favor? Motion carries -- oh, opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. MS. MERRITT: Thank you very much. CHAIRPERSON BERRY: Commissioner Constantine is not saying anything so I'm not sure if he's -- COMMISSIONER CONSTANTINE: I have a mumble. COMMISSIONER MAC'KIE: I can't believe A1 Perkins isn't here for this. COMMISSIONER CONSTANTINE: I'm sure he'll be -- COMMISSIONER HANCOCK: Are you bemoaning that fact? COMMISSIONER MAC'KIE: I'm just -- hi, A1. We did it. Item #10A LETTER SUPPORTING THE OVERALL ECONOMIC DEVELOPMENT PROGRAM ADOPTED BY THE REGIONAL PLANNING COUNCIL - APPROVED CHAIRPERSON BERRY: Okay. The next item on the agenda, Item 10(A), the overall economic development program proposed by the Regional Planning Council. Commissioner Norris. COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: Would you like to talk about your item? COMMISSIONER HANCOCK: Will you talk us out of this, Madam Chairman? COHMISSIONER NORRIS: I'd be glad to give you just a brief summary. It just -- the Regional Planning Council has done some work for us. They've applied for a blanket approval of grants and we can piggyback on their grant application by simply writing a letter stating that we do, and that's all this item is. CHAIRPERSON BERRY: Okay. COHMISSIONER HANCOCK: Fantastic. CHAIRPERSON BERRY: Do we have any -- I'm sure we don't have any speakers on this issue. I think I have a motion and a second. All those in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. We are now to the public comment portion of our agenda. Do we have any speakers, Mr. Fernandez? MR. FERNANDEZ: We have no speakers registered for this section. Item #12B1 RESOLUTION 98-24 GRANTING EXTENSION OF SIX MONTHS, REGARDING PETITION R-97-8, COHMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REPRESENTING THE COLLIER COUNTY BOARD OF COUNTY COHMISSIONERS REQUESTING A REZONE FROM "PUD" TO "A" AGRICULTURAL FOR THE VENCENTIAN RESIDENCE PUD LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL EAST -ADOPTED CHAIRPERSON BERRY: No speakers. Then we will move on into the public hearing section of our agenda and we will open the first public hearing for Petition R-97-8. Any of the people who are planning to speak to this issue, if you would rise and be sworn in by our court reporter? (The witnesses were sworn by the court reporter.) MR. BADAMTCHIAN: Good morning, commissioners. CHAIRPERSON BERRY: Good morning. MR. BADAMTCHIAN: Chahram Badamtchian from Planning Services. This is a county initiated fezone. The Vencentian PUD located on East Trail consist of 30 acres owned by the Diocese of Venice and it is zoned for churches and private schools and community facility types development. This PUD was approved in 1985, still vacant in 1997. Pursuant to the sunsetting provisions of the Land Development Code, the board has reviewed this and recommended that the applicant amend the PUD within six month. They have failed to do that. Staff recommended -- originally recommended to the planning commission that the property be rezoned to agricultural, to its original zoning; however, at the planning commission, Mr. Greg Stewart representing the church requested a six-month delay. They are planning to fezone the PUD; however, for some reason, they did not pay attention to the letters we sent them and they just filed them without really reading what was going on. And staff recommends that the board table this petition for six months, allowing enough time for them to fezone. They have come before the board for a preapplication meeting and they are actively working on rezoning their property. CHAIRPERSON BERRY: Okay. Commissioner Hancock. COHMISSIONER HANCOCK: This is on a smaller scale than the R and D that we looked at, but I have the same -- same comment since the representative of the property owner is here. As far as I'm concerned, this board today has within its legal right to take this back to agricultural zoning. So, when something does come in in the form of a fezone within the next six months, we're going to be comparing that versus what could be done on the property today as opposed to -- you know, I don't -- there's -- sometimes there's a scare tactic where you say, well, well, we could do this so this is much better. I don't want to really see that in the next six months. I'd just like to look at it on its merits compared to ag zoning, which it could be after today's action, so I'm happy to continue it for six months but I just don't want to see the -- the bait and switch, no malice intended in that statement, but it's occurred before so I just want to issue that as a caution if you -- if I may. COHMISSIONER HAC'KIE: Madam Chairman? CHAIRPERSON BERRY: Yes. COHMISSIONER HAC'KIE: My -- my only comment is to our staff and Vince that we could probably write these letters in plain English a little -- you know, maybe some bold statement, you know, please pay attention to this because your property may be down zoned unless you acted quickly or, you know, something, because thank God everybody who receives one of those letters is not a lawyer who can speak legally. So, you know, we should -- we should address that so that people understand what they're getting. COHMISSIONER HANCOCK: So, maybe we should put maybe you may have won a million dollars at the top and that -- COHMISSIONER HAC'KIE: Something like that. COHMISSIONER HANCOCK: -- will get them to the next line. COHMISSIONER HAC'KIE: You may have lost a million dollars if you don't apply for a fezone, but something in plain language. I hope you respond to, you know, revise that accordingly, but I agree. I don't have a problem with the delay. CHAIRPERSON BERRY: Okay. COHMISSIONER NORRIS: Hiss Chairman, I have had no contact on this item. I'll base my decision on what I hear in this hearing. COMMISSIONER MAC'KIE: I've had no contact. CHAIRPERSON BERRY: I've had no contact as well on this item. Commissioner Constantine? COMMISSIONER CONSTANTINE: I disclose no contact. COMMISSIONER HANCOCK: Identical disclosure, no contact on the item. CHAIRPERSON BERRY: Could we hear from Commissioner -- COMMISSIONER MAC'KIE: No disclosure is necessary. COMMISSIONER CONSTANTINE: Thank you. Thank you very much. COMMISSIONER HANCOCK: Unless there -- unless there is nothing. I don't see any reason why I can't just make a motion for a six-month extension. COMMISSIONER NORRIS: There's one reason. COMMISSIONER HANCOCK: Because the public hearing hasn't been closed. COMMISSIONER NORRIS: That's right. CHAIRPERSON BERRY: That's right. The public hearing -- MR. STEWART: Greg Stewart for the record, Madam Chairman, fellow commissioners, representing the Diocese of Venice. If you do have any questions, I'm here to address them. Clearly, we will be able to get this revised PUD in within a six-month period and go forward with the project. COMMISSIONER HANCOCK: Madam Chair -- CHAIRPERSON BERRY: I'll now close the public hearing. COMMISSIONER HANCOCK: -- I will make a motion that we extend for six months. COMMISSIONER CONSTANTINE: I'll second that. CHAIRPERSON BERRY: Okay. We have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Thank you, Mr. Badamtchian. Item #1283 ORDINANCE 98-7, REGARDING PETITION R-97-9, ROBERT L. DUANE OF HOLE, HONTES AND ASSOCIATES REPRESENTING ADAM FUEREDI REQUESTING A REZONE FROM "C-3" TO "C-3" FOR PROPERTY ON LOTS 2-7 AND 81-86, PINELAND-ON-THE-TRAIL IN SEC. 13, T50S, R25E, CONSISTING OF 2.5 ACRES, MORE OR LESS - ADOPTED Moving on then to Item 12(B)(3), Petition R-97-9. This is a request of a fezone for Dr. Fueredi out on the East Trail, I believe. MR. BELLOWS: That's correct. CHAIRPERSON BERRY: Mr. Bellows, good morning. MR. BELLOWS: Good morning. For the record, Ray Bellows, Principal Planner with Current Planning. CHAIRPERSON BERRY: We'll open the public hearing, by the way. MR. BELLOWS: Oh, okay. CHAIRPERSON BERRY: Okay? COHMISSIONER HANCOCK: Swear in the -- COHMISSIONER HAC'KIE: Swear? CHAIRPERSON BERRY: Oh, do we need to -- is there anyone here to speak to this item? Yes, I do. MR. FERNANDEZ: We have no -- nobody registered. COHMISSIONER HAC'KIE: Well, Mr. Duane, I hope. CHAIRPERSON BERRY: Mr. Duane is here to speak. MR. DUANE: If necessary. CHAIRPERSON BERRY: If necessary? You need to be sworn in just in case. (The witnesses were sworn by the court reporter.) CHAIRPERSON BERRY: And I'd like to disclose that I have had contact from the petitioner. COHMISSIONER HAC'KIE: I spoke with Mr. Duane on this regard, too. COHMISSIONER NORRIS: I have as well. COHMISSIONER CONSTANTINE: Yes. COHMISSIONER HANCOCK: Identical, same disclosure. CHAIRPERSON BERRY: Mr. Bellows. MR. BELLOWS: Good morning. The intent of the -- of this application is to amend the ordinance that was first adopted creating the C-3 zoning district under the commercial zoning criteria. Basically, the intent is to allow a secondary access onto Outer Drive. There are five other commercial uses existing along this road that have a secondary access out on Outer Drive. The transportation department doesn't have a problem with the secondary access onto Outer Drive but they wanted a clause put in that if at such time the proposed medical office use reverted to retail use, that that secondary access be converted into an emergency access. COHMISSIONER CONSTANTINE: With that one consideration, would this qualify as a no-brainer? COHMISSIONER HAC'KIE: Yes. And -- and I'd also like to add that in the East Naples sort of redevelopment discussions, both at the Gateway Triangle and the Bay Shore group, the need for medical office space in East Naples has been widely discussed so I think this is real positive. CHAIRPERSON BERRY: Okay. COHMISSIONER NORRIS: Close the public hearing? CHAIRPERSON BERRY: Do we have any speakers on this thing? MR. FERNANDEZ: None registered. CHAIRPERSON BERRY: Okay. We'll close the public hearing. Do I have a motion? COHMISSIONER NORRIS: Motion to approve. COHMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and second. All those in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Item #1284 ORDINANCE 98-8, REGARDING PETITION PUD-91-11(1) RICHARD HENDERLONG REPRESENTING KENSINGTON PARK TRUST REQUESTING TO REPEAL THE CURRENT KENSINGTON PARK PUD MASTER PLAN AND TO ADOPT A NEW PUD AND MASTER PLAN WITHOUT ESSENTIALLY CHANGING THE LAND USE STRATEGY FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD - ADOPTED WITH CHANGES The next item is 12(B), Petition PUD-91-11. It has to do with the Kensington Park area. I would like to open the public hearing. I will also disclose that I have had contact from both sides of this issue. COHMISSIONER NORRIS: As have I, but I will base my decision on the information presented in this hearing. COHMISSIONER MAC'KIE: I had a brief conversation with Kevin Coleman about this, about five minutes. That's the only discussion I've had with anybody. CHAIRPERSON BERRY: Commissioner Constantine. COHMISSIONER CONSTANTINE: I have had contact on this but I'll base my decision as required by law. CHAIRPERSON BERRY: Commissioner Hancock. COHMISSIONER HANCOCK: I've met with the petitioner and received phone calls on this matter. I'll base my decision on the information presented. CHAIRPERSON BERRY: Thank you. MS. MURRAY: Good morning. I'm Susan Murray with the Planning Services Department. CHAIRPERSON BERRY: Oh, we need to swear in -- MS. HURRAY: Oh, I'm sorry. CHAIRPERSON BERRY: -- all individuals that may be speaking to this issue. Would you please rise and be sworn in by the court reporter? COHMISSIONER HANCOCK: That's everybody who may want to speak. CHAIRPERSON BERRY: That's everybody that's here to speak on this issue. (The witnesses were sworn by the court reporter.) MS. HURRAY: Good morning. Susan Murray, Planning Services Department. The applicant is requesting to repeal the current Kensington Park PUD document and master plan in order to generally first update the plan to current formatting policy and references. Second, the applicant wishes to add .98 acres of land on the south side of the existing maintenance site facility, rezoning this additional property from agriculture to PUD and incorporating it into the existing Kensington Park PUD. Third, the applicant would like to amend the language in the PUD document to permit multifamily land uses along the southern project boundary, whereas the current PUD document requires single family land uses. Fourth, they'd like to remove language requiring an interconnect with the adjacent property to the west upon the development of the 525th dwelling unit. Fifth, they would like to amend the PUD master plan to move the portion of the Kensington High Street -- excuse me -- right-of-way along the southern project boundary further south, replacing an area which is currently designated for single family land use with a 60-foot wide Kensington High Street right-of-way, and to increase the currently required ten-foot landscape buffer to 20 feet adjacent and parallel to the existing Grey Oaks PUD 40-foot wide landscape buffer. And, last, they'd like to remove the western fire access easement from the master plan. I would like you to note that within the entire proposed amendment, there is no proposed increase in the maximum number of permitted dwelling units, which is 600. There is no proposed increase in the previously approved density of 1.6 dwelling units per acre. Also, note that there is a proposed change to the development standards in order to clarify the maximum allowable height of multifamily structures to 35 feet from the currently permitted three stories and to allow single family residential dwelling units to be constructed at a maximum height of 35 feet from the presently allowed 30 feet. COMMISSIONER MAC'KIE: I have some questions about that three-story 35-feet thing. What -- what's the variation that could be ascribed to three stories? I mean that could go from as low as to as high as how many feet? What does that mean in planning lingo? MS. MURRAY: That's exactly why we're clarifying that in this amendment, because the Land Development Code does not define how big a story is. I think it's generally acceptable that it's about ten feet __ COMMISSIONER CONSTANTINE: Twenty plus ceiling. MS. MURRAY: -- but that's not defined in the -- COMMISSIONER MAC'KIE: Yeah. I mean, that's what I was trying to figure out -- COMMISSIONER HANCOCK: If it's a standard -- COMMISSIONER MAC'KIE: -- what's the range. COMMISSIONER HANCOCK: If it's a standard unit without a picture, if you're looking at 30 feet. COMMISSIONER MAC'KIE: Okay. COMMISSIONER HANCOCK: I mean a flat roof. And we don't do flat roofs '- COMMISSIONER HAC'KIE: No. COMMISSIONER HANCOCK: -- anymore. So, you're adding it -- it's going to be minimum 40 feet if you do three stories with any type of a pitched roof at all. If you do vaulted ceilings in any of the units, then you go up by that. So, you're probably looking at a minimum reduction of five feet to a maximum reduction of realistically 15 feet. COMMISSIONER HAC'KIE: Okay. That's -- that's exactly what I was looking for. Thanks. MS. HURRAY: Okay. Two issues that may warrant further clarification and generate further discussion or just the two I want to touch on, first being the addition of the .98 acres to the PUD, it is the desire of the applicant to expand the existing maintenance facility 110 feet to the south, which necessitates the need for the additional land area. Staff's analysis shows that the addition of the .98 acres and subsequent rezoning from agricultural to PUD will not have a negative impact on, nor will it increase impacts related to traffic utilities or density of development. The second major requested change is related to the proposed language allowing multifamily residential development along the southern boundary of the PUD. Staff supports the proposed language change to allow multifamily residential development at this southern boundary for the following reasons: First, that single family and multifamily land uses are residential in nature and are generally deemed compatible; second, that lands in this area of the subject site are undeveloped, thus no impact to any existing structures on-site will occur; third, and I would mention or reference a graphic that you have in your packet that might help you to picture what I'm going to describe and that is that the northern boundary of the Grey Oaks PUD is platted for and partially developed with single family residential structures. COMMISSIONER MAC'KIE: Do you have a page? MS. MURRAY: Six. COMMISSIONER HANCOCK: Six, yeah. COMMISSIONER NORRIS: Six? MS. MURRAY: Yes. COMMISSIONER MAC'KIE: We've got a couple of graphs. I'm sorry I interrupted you. MS. MURRAY: No problem. Along the Grey Oaks PUD boundary, there's a 40-foot wide landscape buffer, which consists of a densely landscaped berm. And based on the proposed relocation of the Kensington High Street right-of-way, if you add the existing 40-foot wide Grey Oaks buffer, then the proposed 20-foot wide Kensington Park PUD buffer, then the 60-foot right-of-way and the required building setbacks, there's at least 150 feet of separation between the closest single family dwelling units in Grey Oaks and the proposed multifamily development in Kensington. At the January 8th, 1998 Planning Commission Meeting, the Collier County Planning Commission voted to recommend to the Board of County Commissioners by a vote of five to one to approve PUD 91-11-1, except the proposal to amend the language of the PUD allowing single family development along the southern boundary of the Kensington Park PUD for which they voted unanimously not to approve. I would note that the Planning Commission's recommendation was primarily based on concern over a commitment that was made at the original adoption of the Kensington Park peach -- PUD which ensured single family residential land uses at the southern boundary of the PUD. COMMISSIONER MAC'KIE: Can I ask a question about the graphic? CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: I was going to wait until she's done with her presentation. MS. MURRAY: I'm done. COMMISSIONER HANCOCK: Okay. CHAIRPERSON BERRY: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: On the -- the graphic that you referred us to, Page 6 of our packet, I just want to be sure I understand what's on the right, of course, is Grey Oaks in which you're showing there is two stories but I'm getting old and I don't have my bifocals. I can't read what it says. Is that -- that's single family. MS. HURRAY: Single family detached. COHMISSIONER HAC'KIE: But what you're showing is a two-story house. Is that typical in Grey Oaks? Are they building two-story houses? I'm sorry. I don't know. MS. HURRAY: Oh, in Kensington? COHMISSIONER HAC'KIE: No. What I mean is, is that a fair graphic or should it be a one-story house on the Gray Oaks side and a two-story -- MS. HURRAY: It's fair, very fair. COHMISSIONER HAC'KIE: Do you think it is fair -- MS. HURRAY: Yes. COHMISSIONER HAC'KIE: -- because they're building two stories over there? MS. HURRAY: Yes. COHMISSIONER HAC'KIE: Okay. I just wanted to know. I'll bet I'll hear from other people -- CHAIRPERSON BERRY: Commissioner Hancock. COHMISSIONER HAC'KIE: -- if they disagree. COHMISSIONER HANCOCK: Hiss Hurray, the -- on the issues of compatibility, which is really what we're dealing with here, would you say that low density, single family, and low density, multifamily are compatible adjacent uses? MS. HURRAY: I would. And if you look at the Land Development Code, the minimum landscape buffer that's required between those two uses and -- and that even incorporates what I would consider high density multifamily. It's 16 dwelling units per acre. It's a minimum of a 15-foot landscape buffer, 80 percent opacity at one year, six-foot trees planted at the time of planting. COMMISSIONER MAC'KIE: So, this '- MS. MURRAY: This far exceeds -- COMMISSIONER MAC'KIE: Standard code? MS. MURRAY: -- standard code. COMMISSIONER MAC'KIE: That's what I was trying to get at. COMMISSIONER HANCOCK: If I'm -- based on this graphic, as I understand it correctly, if I'm standing at my property line in Grey Oaks, which I see there are one, two, three, four, five lots that actually abut up against or very near the Kensington property line; is that right? MS. MURRAY: That's correct. COMMISSIONER HANCOCK: If I'm standing in my backyard, what currently can be built, I'd have to get a ladder to see what's on the other side of that hedge. What's being proposed, I'd have to get a taller ladder to see what's on the other side of that hedge. Is that a fair assessment? MS. MURRAY: It's a fair assessment. In my opinion, yes, it is. It's -- it's a very -- it's landscaped with ficus trees and hedges and the berm ranges in height from, I'd say, upwards of ten feet in those areas. COMMISSIONER HANCOCK: The visual impact for what's being proposed appears to be less than over what currently is permitted. MS. MURRAY: I would agree with that. COMMISSIONER NORRIS: And farther away at the same time. MS. MURRAY: And farther away. COMMISSIONER NORRIS: Is that correct? COMMISSIONER HANCOCK: Yeah. I wanted to -- you know, Miss Murray did all the staff report and I just wanted to get her opinions and thoughts on that. COMMISSIONER MAC'KIE: And is that based on sight line? You know, can you -- could you -- or is there a graphic in here of those sight line drawings so we could see -- I'd like to know what can be seen from the Grey Oaks side. MS. MURRAY: It really depends on what lot you're on. Three of the lots that are closest, you're actually -- they're actually the side property lines that would be facing the -- the northern boundary of Grey Oaks and southern boundary of Kensington Park PUD. If you could go further west -- COMMISSIONER MAC'KIE: Well, tell me, on those three lots, would you be able to see a structure at Kensington under the new proposal from those three? Is it too hard a question? I don't know. MS. MURRAY: No. I don't want to say never. I suppose if you stood on your roof, you could probably see it. If you directed your views from the -- your side -- the side structure of your house -- COMMISSIONER MAC'KIE: From your second story window. MS. MURRAY: On a second story, perhaps, you could. I really don't feel like I'm qualified to answer that. It really depends on how the buildings are built and structured and we just don't have that much information. Those lots are currently undeveloped in Grey Oaks COMMISSIONER HANCOCK: The immediately adjacent lots -- MS. MURRAY: -- and Kensington, so -- COMMISSIONER HANCOCK: -- are currently undeveloped with the exception of one if I -- if I'm correct. MS. MURRAY: The -- I would say the third closest one and I can point it out on the map if you'd like. It would be on Silverleaf Lane. It's Lot 109 and 108. Actually, it appears that these lots were combined and a single family structure was actually built on 109 and 108 just functions as a side yard, so there's quite a bit of distance even there but lots -- COMMISSIONER HANCOCK: Those are combined lots for a single family? MS. MURRAY: It appears to be, yes. When I went out on-site, the -- there was a single family residential unit on lot -- what appeared to be Lot 109 and then Lot 108 appeared to function as their side yard. They had quite a bit of citrus trees and landscaping planted and it integrated in with the single family residential unit. CHAIRPERSON BERRY: Is that a single story home or a two-story home? MS. MURRAY: Testing my memory. I think it's a two-story home. COMMISSIONER MAC'KIE: Well, apparently it's a one-story home. MS. MURRAY: Sure. It's the people that live there. CHAIRPERSON BERRY: It had to be one or the other probably. MS. MURRAY: That's right. COMMISSIONER CONSTANTINE: The more relevant question would be how tall or how large -- COMMISSIONER MAC'KIE: Good point. COMMISSIONER CONSTANTINE: -- the building is. COMMISSIONER MAC'KIE: Well, I'm real interested in the answer to the question and then I respect you for not answering it if it's outside your scope of ability or, you know, expertise but that -- that sight line question, I guess, is a real important one for me if there's somebody who can answer it. MS. MURRAY: Perhaps the applicant could clarify that. COMMISSIONER MAC'KIE: Okay. Thanks. MR. COLEMAN: Madam Chairman, we have graphics that will -- CHAIRPERSON BERRY: Identify yourself. MR. COLEMAN: For the record, Kevin Coleman, representing the petitioner. We have graphics that I'm going to take you through piece by piece that will actually physically take you and show you computer generated graphics and exactly what's there that I think that will answer all those questions for you. COMMISSIONER MAC'KIE: Thank you. MR. COLEMAN: Do I make my presentation now? CHAIRPERSON BERRY: Miss Murray, are you finished? MS. MURRAY: I'm done. CHAIRPERSON BERRY: Okay. Go ahead, Mr. Coleman. MR. COLEMAN: Thank you. Madam Chairman, for the record, Kevin Coleman of Goodlette, Coleman and Johnson, representing the Petitioner Dudley Goodlette, trustee, on behalf of Kensington Park. What I'd like to do, Madam Chairman, if it's okay with you, is we have a considerable project team and rather than having each one of them come up and make a long presentation given where we are with the public involvement, I'd like to make a presentation of approximately ten minutes in length, go through some graphics and if you have specific questions, you can ask my representatives. CHAIRPERSON BERRY: That's fine. MR. COLEMAN: In that regard, I'd like to submit for the record -- yeah, give me one second -- I'd like to submit for the record a booklet we've prepared listing these exhibits and we've got some larger drawings of those. COMMISSIONER MAC'KIE: Since we have copies in these books, would it be useful for those to be viewed by the public? Just an idea. COMMISSIONER HANCOCK: After our new technology advances, that could happen. COMMISSIONER MAC'KIE: That could happen, okay. Please. MR. COLEMAN: I'd like to compliment staff. I think Miss Murray has fairly depicted what we're asking here. And I'd like to introduce the team just so you know who's here for purposes of your questions. There's Mr. John Asher from Coastal Engineering who's responsible for the project's engineering facets. There's Mr. Ray Pezeshkan of Architectural Network for planning and design. There's Mr. Richard Henderlong from Kensington Golf and Country Club also for planning and real estate development, Mr. Rick Armalavage of Armalavage and Associates for appraisal marketing and economic analysis. There's Michael Elgin and Jack Liebet from J. Roland Liebet, P.A. for landscape architect and buffering and there's Michael Vranek of Kensington for sales marketing. A brief overview of this PUD, I think, would be helpful. Kensington was approved in 1992 and has never been amended. This is the first time we've come before you for an amendment. Kensington consists of 369 acres. The overall density of the project is 600 units or approximately 1.6 dwelling units per acre. Of those 600 units, 379 of them have either been constructed, platted or approved to date, which leaves 221 available units which are located primarily along the southern quadrant here of Kensington. And that's what we're talking about. If you look at Tab 1 in your books, it's a smaller version of this graphic here called the Existing PUD Master Plan. COMMISSIONER MAC'KIE: Are you guys just creative in your spelling of golf course or is that a typo? Sorry. I'm an old English teacher. C-e? Never mind. MR. COLEMAN: Oh, yes. COMMISSIONER MAC'KIE: Sorry. Apology. MR. COLEMAN: Minus one. COMMISSIONER MAC'KIE: Minus one. MR. COLEMAN: Our existing PUD, as shown on our master plan, this is what we could do right now under the county's PUD without any additional approval from the Board of County Commissioners other than platting. We could do this at the site development plan process. As you will see, along the southern boundary, we have 46 single family residences of 65 -- 60-wide lots by 150 feet in depth. And that's what we're constructing in Kensington already. And, Commissioner Mac'Kie, to answer your question, I'll show you a drawing or a -- a description later. We have two-story structures on 65-wide lots right now. Those single family structures may be two stories in height. That's permitted right now. The multifamily lying just to the north of the single family and across from High Street, those are up to three stories in height as you've heard, and there's no height limitation. They could be 45, 50 feet depending on the architectural design we're imposing. Again, this also is permitted without BCC approval other than the site development plan process. The setbacks for the property, the minimum landscaping requirements on the southern border along Grey Oaks is a ten-foot landscaping buffer and then the single family picks it up with a 15-foot rear yard setback if you had a pool cage. And that setback could include the landscape buffer. So, you literally could have a pool cage 15 feet from our southern property line on the single family site. I think that's very important to remember. The multifamily structures, the setback is approximately 185 feet from the rear property line, those three-story multifamily structures. Our petition that Miss Murray outlined to you, and I think staff's done a good job of explaining to you the project, there's really two primary components. One is to add an acre to the east boundary of the property to expand the golf course facility. That's the portion of the petition. It's really noncontroversial. The Planning Commission has approved that. That property is zoned agricultural and I think it's a fairly noncontroversial point. The more important thing is what we're doing down here with the second boundary. We plan on locating the internal street of Kensington closer to the property line, bringing it down, eliminating the requirement to construct single family and basically locating the multifamily closer to the property line. There's no question about that. If you look at Tab 2 of your books, it shows what our proposed plan is. Go through some of the additional requirements we're consenting to on Tab 2. We're going to add a 20-foot landscaping buffer on the southern property line and a berm. We're going to move the road and buffers closer to the south and we're going to increase the minimum setback for any unit then from the property line to the first multifamily structure, now would be 105 feet. It used to be 15 feet. Now it's 105 feet. We're also going to commit or agree that the height for the multifamily structures will be reduced from three stories to two stories in height, which is what we can build again for the single family right now. COHMISSIONER CONSTANTINE: Let me just make sure I'm reading '- I'm looking at this properly. It appears that instead of 46 units on that border, you'll now have about eight? MR. COLEMAN: Actually, Commissioner Constantine, to the south of the road we'll have none. COHMISSIONER CONSTANTINE: Right. MR. COLEMAN: To the north of the road we'll have -- those are -- those aren't necessarily units. Those are multifamily structures. COHMISSIONER CONSTANTINE: Okay. MR. COLEMAN: Okay? We're also agreeing to density reduction for the overall project of 30 units which effectuates a five percent over all property, decrease in density. So, from 221 units, we're going to go down to 191 units on this southern pod. We agree to this site plan. Now, let me say this. That site plan has not been engineered, so there will be some minor tweaking in terms of location of buildings, but we will agree to the number of buildings, the number of units, the setbacks, the buffering and the single family set aside for Tract B as you see in the middle that this site plan shows. COHMISSIONER HANCOCK: Tract B, that is the tract that is -- or the section of your property nearest a single family lot? Is that correct? Other than the one on the -- there's one on the corner over here that's real close. MR. COLEMAN: Let me show you -- which is known as Tab 3 in your books. Let me show you, which, I think, was Commissioner Hac'Kie's question earlier. This shows the relationship between the platted Kensington lots and the Grey Oaks -- and the -- between the platted Grey Oaks lots and the Kensington PUD. As you'll see, there's basically five lots of Grey Oaks that arguably abut Kensington. Lots 130 and 131 of Grey Oaks, there's a golf course that lies between it and Kensington. COHMISSIONER HAC'KIE: Right. MR. COLEMAN: The World Tennis Center, if you can see, is lying to the west of us. They actually have multifamily structures. They're going to be located much closer to Grey Oaks lots than what we're proposing. I'd like to show you some aerial photographs, which I think will answer your question, Commissioner Hac'Kie, in terms of what residences are there and not. Those aerial photographs -- this is a view of the photographs looking west between the two property lines, Grey Oaks being on the left, to your left, and Kensington being to your right. COHMISSIONER HAC'KIE: Oh, so there is one house. Yeah. I'm sorry. MR. COLEMAN: There's one house on the very eastern portion of the property. COHMISSIONER HAC'KIE: Got you. MR. COLEMAN: That's correct. The next photograph looks east which is the same view but just looking in the other direction. CHAIRPERSON BERRY: This would be looking from -- MR. COLEMAN: Airport Road. CHAIRPERSON BERRY: -- Airport Road. Okay. MR. COLEMAN: In the final drawing, which probably is more impressive, is the photograph looking north which shows the Grey Oaks golf course coupled with the existing Kensington project. This photograph shows the existing golf course buffer that Grey Oaks has in place together with the 40-foot landscaping berm that Grey Oaks has on their side of the property. If you look at Tab 4 of your package, that's a photograph, a closer photograph of the berm that's in place. It's fairly dense and that exists on Grey Oaks' property. COMHISSIONER MAC'KIE: This photo is from the Kensington side looking at Grey Oaks. MR. COLEMAN: Looking south, that's correct. COMHISSIONER MAC'KIE: Okay. MR. COLEMAN: We also agree with your staff report that what we're asking here is compatible with Grey Oaks. If you look at Tab 5, there's some objective criteria which really goes through issues such as landscape buffers and open space and impervious surface, stormwater runoff, driveway curb cuts and as a result of the lower units, lower density, lower traffic impacts and greater landscape buffers. So, based upon this graphic, we can show you that what we're proposing really will be less impactful to Grey Oaks than what we can do right now. If you look at Tab 6, we have an opinion letter from Rick Armalavage, a certified appraiser in town, confirming that if our proposal is taking place, the impacts generated will not exist and, more importantly, the property values of Grey Oaks will not be decreased. Perhaps the most dramatic documents we're going to show you is shown on Tab 7 and 8. But let's start with seven first. This is a drawing prepared by J. Roland Liebet and Associates and basically depicts the top of that drawing, and there's a blowup of it in front of you, but the top of that drawing is what we can do now. The residence at the top right is a -- assumed Grey Oaks residence. It doesn't exist yet. But if it did, we would then have the existing 40-foot Grey Oaks buffer, coupled with the minimum landscaping requirements which we're obligated to maintain under the existing PUD, a two-story single family residence, coupled by a three-story multifamily residence. The bottom portion of that graph indicates what we're doing if we are successful in our proposal today. Again, a two -- a single family Grey Oaks residence coupled with the Grey Oaks berm, our new berm we're adding, the roadway buffering and landscaping we're now adding together with a reduced height two-story multifamily structure. If you look at the second page of that tab, Tab 7, that shows the detail of the type of landscaping that we're willing to commit to. It shows the spacing of it, the nature of the type. We want to be very specific in what we're proposing so that you don't see a nice drawing without a commitment. That's what we're going to put on there. You can limit your conditions to that of your approval today. COMMISSIONER MAC'KIE: Mr. Coleman, is this new information or have the people in the room from Grey Oaks, who are obviously scared about this, seen that, that sketch with the -- Mr. Lieber's drawing, Tab 77 MR. COLEMAN: That sketch was used at the Planning Commission is my understanding and there have been discussions between Kensington and Grey Oaks. COHMISSIONER HAC'KIE: I'd turn that one around and let the public look at it if I were you because that's awfully persuasive. MR. COLEMAN: I think the most persuasive is Tab 8, if you don't mind, commissioners -- COHMISSIONER HAC'KIE: Okay. MR. COLEMAN: -- if you can look at that real briefly for me. Tab 8 is a computer generated report prepared by Mr. Pezeshkan, the top of which shows, again, what's in place if we added our landscape buffer with the Grey Oaks buffer. The middle drawing, Elevation 1, is a view standing 200 feet into the Kensington -- into the Grey Oaks property line, looking towards Kensington, assuming there's no existing Grey Oaks buffer and assuming there's no Kensington buffer that we're committing to. That's what Elevation 1 is. Elevation 2 is that same position without the Grey Oaks 40-foot buffer but with the buffering we're putting on today. COMMISSIONER MAC'KIE: Okay. MR. COLEMAN: If you turn the page, View A now is with the existing buffer of Grey Oaks in place, our buffer in place and our multifamily structure as constructed. COMMISSIONER MAC'KIE: And it's from 200 feet. MR. COLEMAN: Onto Grey Oaks property looking north. COMMISSIONER MAC'KIE: How fair is that as a choice from -- as a choice of a viewing point? If you were -- if you were in one of those -- if you were a house on one of the lots in Grey Oaks, how far away would you be? MR. COLEMAN: I don't -- again, the platting, if you look at the plat for Lot 107, which is in your tab -- COMMISSIONER MAC'KIE: Uh-huh. Yep. MR. COLEMAN: -- I think the minimal distance is well over 100 feet and I think it's probably closer to 150. COMMISSIONER CONSTANTINE: Well, then you have View B here that is 50 feet? MR. COLEMAN: That's correct. If you look at View B on Page 2, that's 50 feet in the Grey Oaks property line looking north, again, it's complete opacity. And if you look at View C, that's visualized standing on the property line, Grey Oaks' berm is now at your back and this is what you see. COMMISSIONER HAC'KIE: That's -- thank you. That answers my question. MR. COLEMAN: Again, we're willing to commit to the site plan today. That's what we're going to build. You can condition your approval upon that. If you look at Tab 9 -- this is my last exhibit -- this is the architectural theme that we intend to construct for the first phase of what we're asking for. We certainly don't want to make all one hundred and nine -- ninety-one units look the same -- COMMISSIONER HAC'KIE: Good. MR. COLEMAN: -- but for the first phase, this is what we're willing to commit to from an architectural design standpoint. And there's a larger drawing on the -- on the podium. COMMISSIONER HANCOCK: What's the building height on that, Mr. Coleman? MR. COLEMAN: Excuse me? COMMISSIONER HANCOCK: What's the building height on the Wellington Place exhibit? MR. COLEMAN: It's less than 35 and more than 30. UNIDENTIFIED SPEAKER: Thirty-one and a half. MR. COLEMAN: Thirty-one and a half -- COHMISSIONER HANCOCK: Thirty-one and a half. MR. COLEMAN: -- I'm being told. COHMISSIONER HANCOCK: Okay. MR. COLEMAN: As a further condition, we agree to construct the landscaping and berm we're proposing prior to receiving a Certificate of Occupancy for any of the multifamily units located along the Grey Oaks property line. Again, we stipulate to the two-story requirements. We think what we're proposing goes far and beyond, I think, what is fair. We think it's compatible and we urge your approval. If you have any questions, we have our experts to answer them. COHMISSIONER HANCOCK: Mr. Coleman, the product that was originally intended along this southern property boundary, is that the same product that is in part being constructed on the western property boundary? MR. COLEMAN: That's correct. COHMISSIONER HANCOCK: Where you have a mix of single, one-story and two-story, almost coach type homes? MR. COLEMAN: Right. COHMISSIONER HANCOCK: Narrow lots and whatnot? MR. COLEMAN: And I want to agree, Mrs. -- Commissioner Hac'Kie indicated that we wouldn't build all two-story. That's true. It's coming at about 27 percent of our structures are two-story structures. COHMISSIONER HANCOCK: One out of every four, one out of three is going to be -- going to be two-story. What is your building height of the two-story structures that were -- that are currently anticipated along the property line? MR. COLEMAN: Approximately 35 feet, between 30 and 35 again. COHMISSIONER HANCOCK: If I read your line of sight exhibit here, is that to scale? MR. COLEMAN: Yes. COHMISSIONER HANCOCK: Okay. As I went through and worked at it, if you construct one of those two-story homes where it currently can be located, forgetting a pool cage or screened attachment, it's an equivalent line of sight -- in other words, your -- what you're proposing has a 22-foot high line of sight, whereas what currently can be done is 30. In other words, you'd have to build everything below 22 feet in its current permitted location to give the same line of sight as what you're proposing. MR. COLEMAN: I can't confirm that, but certainly you have a better background in that than I do, but I think that would be accurate. Mr. Liebet is indicating it would be. COHMISSIONER HANCOCK: Thank you. COHMISSIONER HAC'KIE: I have one more question. What -- these computer generated drawings, for lack of a better term, are they something that's been made available to the public, or was that available at the Planning Commission? Can you share that at this point, if not, with people who are worried about it? MR. COLEMAN: Yeah. Absolutely. They were prepared -- quite frankly, Commissioner Hac'Kie, we were watching the Planning Commission, and didn't think this would be a big deal. So, the time we spent in the last few weeks has been somewhat last minute. Those drawings were finished for the -- for the first time yesterday, so, no, they haven't been shared, but we'd be happy to share them with them now. COHMISSIONER HAC'KIE: I'll be glad to loan somebody my copy if anybody wants to look. CHAIRPERSON BERRY: Commissioner Norris, question? COHMISSIONER NORRIS: No. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: Uh-uh. CHAIRPERSON BERRY: Thank you, Mr. Coleman. MR. COLEMAN: Thank you. CHAIRPERSON BERRY: Does that conclude your presentation? MR. COLEMAN: Unless you have questions. To the extent there's points made, we'd be happy to reserve some time for rebuttal at the end, too. CHAIRPERSON BERRY: Looking at the clock, I'm going to give our court reporter a bit of a break here, so we'll recess for about ten minutes and then we'll come back here at about 25 till 11. (A recess was had from 10:27 a.m. until 10:43 a.m.) CHAIRPERSON BERRY: At this time we'll go to public speakers on this particular issue. Public speakers are limited to five minutes in regard to this particular issue. Mr. Fernandez, if you'll call the first public speaker and he'll also call the second ones so we can have you ready and if you would just stand, waiting, so we won't waste your time actually in being ready to speak and -- and we'll have our order. COHMISSIONER HANCOCK: Madam Chairman, if I may -- CHAIRPERSON HAC'KIE: Yes. COHMISSIONER HANCOCK: -- because a lot of people here may never have comments -- spoken on an item before. CHAIRPERSON BERRY: Uh-huh. COHMISSIONER HANCOCK: If you were not sworn in, when you come up to speak, you need to let us know because we need to make sure you're sworn in because all testimony is sworn testimony so we just need to make sure that happens. MR. FERNANDEZ: Are you ready? The first speaker is Judy Rinaldi and then Ray Northup. CHAIRPERSON BERRY: And any comments that you may have, you must be up at the podium rather than commenting from your seat. Okay. Comments are to be made at the podium to the chair. Thank you. MS. RINALDI: I'm Judy Rinaldi and I'm buying in Kensington and I'm also a realtor in the community. And I'd just like to say that I think the new approved plan is much better -- or the new plan that they're -- they've submitted is a much better plan than what they originally submitted. And I think the fact that there's going to be a much larger buffer there with the street and the improved greenery that they're planning, I think -- I don't see how this can do anything but help both communities, actually. You already -- as you're showing property in Grey Oaks, you already see all those rooftops in World Tennis Center. And I'd just like to say that I'm really for this new plan and that the lesser density should help also in Kensington, and thank you for the opportunity to speak. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Ray Northup and then the next is James Ink. MR. NORTHUP: I'm Ray Northup and I also reside at Kensington. We're there eight months a year, and I'm in very much strong support of this new proposal also. And I'm chairman of the golf committee at Kensington so I have a lot of exposure with the people there and it's my consensus from all the people that I've talked with that are in favor of this and think it will both benefit us as well as Grey Oaks. That's all I had to say. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: The next speaker is James Ink and then Richard Stetkewicz. MR. INK: Good morning, James Ink, Graves Development, representing the homeowners. Kensington has done a fine job of technically showing how changing from single family to multifamily can possibly work. It really boils down to the fact of they made a commitment in 1991. It was an important commitment. That commitment was they would have single family on that border. We designed our project around and platted our project around that commitment. Host of the single family homes orient to the north even though they show that they're east or west. The views down the golf course look directly at Kensington. They've tried to mitigate that problem by installing a bigger buffer, moving the road back, setting their units back a hundred feet, but it's all a mitigation and mitigation is to lessen the impact. We knew. We marketed the fact that it was single family on that side. You have basically 25 percent two-story and single family. I think it's a good historic number. It may be as high as 30 percent. That was what the residents expected. That's what we told them would be there. World Tennis is mostly two-story. That was a given. That was a known fact. It was there when we started. We buffered accordingly. We increased our buffer. We changed the orientations of the lots to minimize that impact. Here today we're changing or potentially changing to a multifamily which has a bigger mass. They are all definite two stories, a hundred percent of them, not 25 percent of them. The sight lines will look at that. These enhanced drawings are very good. They're very effective for lush trees such as they are right now. If we had a freeze, if we had any adverse impact of pesticides, as we all know buffers change over time, they get lesser, they get more. There will be a visual impact. And it really goes down to one of the things when you look at this is, is the county made the agreement that this would be single family. And that's like a contract. For that contract to change, there has to be some benefit to both sides. Here there's a benefit to Kensington. They've obviously presented that, but to the residents and to the county that's outside of that area, I'm not sure what that benefit would be. There's an obvious impact. It's an increased impact. And I don't understand where that benefit would come from to disregard that motion. COHMISSIONER CONSTANTINE: What is the obvious increased impact? MR. INK: The obvious increased impact is the going from single family, 75 percent, single story, which is roughly 20, 25 feet tall to a hundred percent multifamily where the views of the Grey Oaks community are long views. They showed their presentation from 50 feet away, which is one house. There will be many, many houses and a lot of those houses are -- you know, the homesites are sold, but the houses aren't presently constructed that will view those long views and with a sight line when you expand those lines horizontally, it minimizes the vertical part where you can see it, you know, potentially more. COMMISSIONER CONSTANTINE: You understand the impact of distance on line of sight? MR. INK: Yes. COMMISSIONER CONSTANTINE: Okay. CHAIRPERSON BERRY: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Well, you say that there should be a benefit to both sides, all parties, and I agree. And when I look at that schematic there on the wall that -- Mr. Lieber's drawing, it looks to me like the benefit to Grey Oaks is the significant setback, additional setback and the significant additional buffer. Can -- do you disagree with that as a benefit? MR. INK: That would be one that's hard to agree or disagree except for the fact early on before the petitioner submitted the petition, they came to us, we had discussions, we went to some of our residents, they set up cherry pickets and some targets and types like that and you could see the impact. I mean it was -- it was a visual. They could see the cherry picket and say this is where our house was. And that was not going -- you know, that is not going to change with the addition of their buffer, which is shorter than the Grey Oaks buffer that's already in place. COMMISSIONER MAC'KIE: I've got to understand that. Do you guys know what he means about they could see the cherry picket? Could you -- could you tell that? I don't understand that. MR. INK: What Kensington people did in the early negotiations is they came to us and said we would like to do this. We talked about those issues. They went out with some targets and a -- and a cherry picket, like a scaffolding, raised it up to the height and says, this is where the second floor will be, this will be the roof line. COMMISSIONER MAC'KIE: And you're saying that from -- from Grey Oaks' property, you could see the roof line or the -- MR. INK: Yes. COMMISSIONER MAC'KIE: -- or the cherry picket that -- MR. INK: It was in the homeowners' -- COMMISSIONER MAC'KIE: -- stood in. MR. INK: -- opinion at that time that the additional berm that they wanted to add in would not lessen the impact of visually seeing these two-story structures which are -- you know, I don't know the exact dimensions, but they're probably 65, 75, 80 feet wide. You know, it's -- it's a bigger mass than looking at a house that's sitting on a 60-foot lot with side setbacks. COMMISSIONER MAC'KIE: The big houses, and then I'll stop. This is my last question, I promise. But the big houses in Grey Oaks, the mass question is what I'm trying to get here. MR. INK: Right. COMMISSIONER MAC'KIE: Compared to that Wellington -- if you cut off the two outside garages, is that about the size of a typical Grey Oaks house? MR. INK: I would agree with that, yeah. COMMISSIONER MAC'KIE: Kind of ballpark? I'm just trying to get a picture in my head of the different mass. That's all. Thanks. CHAIRPERSON BERRY: The question I have, if you're talking about single family homes in Kensington, there's nothing to stop them from building a two-story house under the current plan and then put it right up against the existing buffer. MR. INK: That is correct. That's what we planned on, but also we understand that if you go through most communities, two-story homes are in the minority. CHAIRPERSON BERRY: Yeah, but you can't count on that. MR. INK: We can't count on that, but it is easier to explain that it is going to be single family of which two-story is possible than it is to explain it's going to be multifamily, which this is a typical drawing, but may not be the final two-story when they get down into Tract C and B and -- and some of their future areas. COMHISSIONER NORRIS: Well, with all due respect -- MR. INK: Their two-story that they have out there now is a bigger mass than what they show here. COMMISSIONER NORRIS: With all due respect, I need to -- for you to try to explain to me why a two-story building 15 feet from the property line is less impact than a two-story building a hundred and whatever feet from the property line? MR. INK: The reason being is there -- COMMISSIONER NORRIS: And, also, why -- why you would even contemplate controlling someone else's property a hundred feet deep into their property? MR. INK: Controlling a hundred feet deep into their property is not what our intent really was. Our intent was its single family, of which the majority would be single family, which would be 20, 25 feet high, which means rooftops would be over top of our existing 40-foot berm. There would be cases where there would be some that would be above that. But we just look at historically that 25 to 30 percent two story. COMMISSIONER NORRIS: And I'm looking at the proposed map and the -- the lots that are probably in question. 107 and 108, would be directly across from proposed single family -- MR. INK: Yes. COMMISSIONER NORRIS: -- which is now moved back across the road right-of-way instead of being 15 feet from the property line. How is that a worse impact? MR. INK: The mass of the building has increased. I mean this building that they show here -- COMMISSIONER NORRIS: No, no, no. Go -- we're going -- we're now talking about single family, which is directly across from -- COMMISSIONER MAC'KIE: That's an improvement, yeah. COMMISSIONER NORRIS: -- from 107 and 108, for example. Directly across the berm from that is a proposed area of single family but it is now, instead of being right on the property line, it's back off across the road right-of-way. MR. INK: The way 108 exists -- 107 is a vacant lot -- or 109. The end lot is a vacant lot and the home is set one lot back. I think that might be 108 or 109. I'm not exactly sure. But that house is directly oriented to the northeast. All the views out of that house are to the northeast. So, the fact of -- they're not looking directly across the berm. They're looking sort of sideways to the berm so they see the whole line of the two-story multifamily area. CHAIRPERSON BERRY: Not according to our drawing. You won't -- you can't see even through it. COMMISSIONER HANCOCK: No. What -- I think what he's talking about is they walk out their front door, they're looking in a somewhat northeast or northwest -- MR. INK: Correct. COHMISSIONER HANCOCK: -- orientation. MR. INK: Host all of our orientations are in a northeast-northwest. COHMISSIONER HANCOCK: What that doesn't change for me though and because of your -- and the only reason I'm asking you this is because of your detailed involvement in the development of Grey Oaks is, as I draw it to scale, assuming what I have here is to scale, any roof in the single family area that exceeds 22 feet presents a greater visual impact from the Grey Oaks side than the proposal. So, knowing that single family homes being cathedral ceilings, pitched roofs, were above 22 feet in most single family homes, it's not just the two-story that the residents in Grey Oaks will see. It's the one-story also. So, my question is, these are 65-foot wide lots. If I'm walking out the front door and I'm the closest property and I look down that line and I see whether it be three feet or 13 feet, house after house after house after house versus seeing nothing along that line but seeing a similar height a hundred feet back, I -- I just -- visually, I disagree that the former is less impact than the latter. I don't -- I don't see that because of the standard height of single family homes alone. COHMISSIONER HAC'KIE: And the only -- COHMISSIONER NORRIS: And on top of that -- excuse me, but on top of that -- you know, I started this line. COHMISSIONER HAC'KIE: That's okay. Sure. COHMISSIONER NORRIS: On top of that you're saying looking to the northeast, you'll be able to see the tops of these two-story buildings. Well, right now, they're allowed to build three-story buildings in essentially the same place. I mean the two-story buildings that are -- that are being proposed will be a few feet closer but not materially from that particular audit. That's the one we want to -- to use in question in Number 108, 106, whatever one you -- you want to talk about. You're looking over to the northeast, it looks like it's got to be 500 feet to the closest building, but it will be a two-story building now instead of a three-story building, say 525 feet. So, tell me how that's a -- MR. INK: You are correct -- COHMISSIONER NORRIS: -- a greater impact. MR. INK: -- in your statement. Having single family along that line, you will see mostly predominately rooftops which are architectural shingles of a neutral tone and do not provide a lot of definition as the front of a second floor would provide and it lessens the visual impact of that view by looking at rooftops that are usually browns and reds and muted tones versus looking at the side of a building with windows and -- and a vertical face. COHMISSIONER NORRIS: But, Mr. Ink, once again, under this proposal, there won't be any rooftops at all along the property line. MR. INK: But they will be -- COHMISSIONER NORRIS: None at all. MR. INK: But they will be in the visual impact even though it's set back a hundred feet. COHMISSIONER HAC'KIE: They'll be viewable and, as I've listened, I think the only -- the question that remains unaddressed for me is the mass question but -- and -- and you make a very good point about looking at a porch on a -- you know, the walkway into the second-story apartment as different from looking at the slope of a roof of a single family home. So, I'm clear about that, but if the -- if the mass -- if there -- I'm looking for some way to solve the problem, frankly, and what I'm thinking about is if there's some way we can commit or have the Kensington developer commit to a mass that's no greater than this Wellington Place design, since its impact from the standpoint of mass is not that much greater than a two-story -- COMMISSIONER CONSTANTINE: Commissioner Mac'Kie -- COMMISSIONER MAC'KIE: -- residential house. COMMISSIONER CONSTANTINE: -- can I ask a question along those lines? Let's talk about simple physics and math. If I hold this glass 30 inches away from me, it blocks a certain percentage of my view. If I hold it -- if you take it and it's 137 inches away from me, it's the same mass cup but it blocks a lot less of my view. And, so, I don't buy the mass argument whatsoever. If you've got a building 15 feet away or 40 feet away and you've got a building 137 feet away, it -- the mass is going to appear visually by simple physics much smaller, so I don't follow your argument there at all. It just doesn't follow physics. MR. INK: What we assumed on the mass wise was a predominant single family where the things it would view would be sloping roofs of neutral colors. Setting a mass back and increasing that mass, but making it more vertical creates a more opaque line. COMMISSIONER CONSTANTINE: And by the laws of physics, it's actually lower in your sight of -- line of sight. And I asked you before if you understood line of sight and you said, "Yes." MR. INK: I do. COMMISSIONER CONSTANTINE: So you understand, it is actually lower in your line of sight. MR. INK: But they're presently at 30 feet of which if it was single family, the peaks -- if it was a ten-foot ceiling, would probably be in the twenties, where they're going to a 35-foot height of which if it's pressured properly can be over 35 feet by the Land Development Code by how you measure the slope of a roof. COMMISSIONER CONSTANTINE: But, again, let's do simple physics. How far away are you and I right now, roughly? MR. INK: Fifteen feet. COMMISSIONER CONSTANTINE: So if you are 22 feet tall and I look there or you go 30 feet but you go 137 feet away -- MR. INK: I would look smaller. COMMISSIONER CONSTANTINE: Yeah. And -- and, so, I don't think your argument holds -- MR. INK: But I'm the same size -- COMMISSIONER CONSTANTINE: -- when you just apply simple physics. MR. INK: My contention to that is I'm the same size. If it's a single story, single family versus a four-plex two-story with a roof on top of it, you have two different masses that you're looking at. And the fact that that larger object is farther away, in our contention, creates a larger visual impact than that home closer up. COMMISSIONER CONSTANTINE: And in the contention of the laws of physics, I think you're mistaken. COMMISSIONER HANCOCK: Mr. Ink, Grey Oaks has done a terrific job for those of us that live outside the borders of Grey Oaks. As you drive down Airport Road, I think we're all thankful for the attention to the detail that the community has shown. Part of that attention to detail on this property line was the planting of a berm and buffer that is some 30 feet in height that is strictly under the control of Grey Oaks, both maintenance, planting, height, all of that is controlled by Grey Oaks. The ficus trees you have planted to top that berm don't hold themselves at 20 feet. They can mass much larger than that if they're -- if they're cared for in a proper manner. I guess what I'm getting at is the impacts we're talking about and what mitigation Kensington does or doesn't do with the exception of distance is really secondary to what Grey Oaks has already done in trying to block out what is to the north to the greatest extent possible. So, I guess, my question is, is this really more of a marketing issue for you than a sight issue? MR. INK: No, I don't believe so. We built that berm and put those ficus trees specifically in anticipating the single family product that was going to go there. Granted, ficus trees do get larger sometimes on top of berms when they're exposed. More so they COHMISSIONER HANCOCK: The root system is not as healthy. MR. INK: -- they are stunted. COHMISSIONER HANCOCK: Yeah. I understand that, but I just needed to ask that question because there's a lot of debate about this foot or that foot or distance or mass but I -- and a lot of confusion between -- apparently between you and members of the board, but I -- I guess in your standpoint maybe I'd be concerned that if I'm showing somebody a lot, multifamily versus single family on the other side of the property line, it would be more of a marketing concern if I felt compelled to ask that. MR. INK: I appreciate your time and I hope that you deny this petition. Thank you. MR. FERNANDEZ: Next speaker is Richard Stetkewicz and then Tot Kolflat. MR. STETKEWICZ: Good morning. We bought over in Kensington. CHAIRPERSON BERRY: Name, please? MR. STETKEWICZ: Richard Stetkewicz. I'm sorry. We bought over in Kensington here about three years ago, and we're still building our home as the builders are not what you call real expedient -- COHMISSIONER HAC'KIE: Pretty good. MR. STETKEWICZ: -- mainly for the people and the location. Everything was ideal, the way the single family homes were laid out and so forth. I, as of recently, have only seen the old drawings, so I had not known what this new set of plans looked for. We objected completely to the old set. The new set we -- we seem to like quite a bit. I think that our main contention was for the -- the traffic aspect because we felt there would be a great deal of traffic coming down there, and if we had a four-plex versus a single family home, well, three more times and -- but I just want to state that we -- we have no objection as far as the new set of plans goes. All right. Thank you. Oh, and one other thing. The only problem I found, as many have, the communications between Kensington and myself, as a homeowner, has been very nil. We would have liked to have been told a little bit more of what's going on out there. It seemed like there's a closeknit out there and everybody should know equally. Thank you. MR. FERNANDEZ: The next speaker is Tot Kolflat and then Robert Ranalli. MR. KOLFLAT: Good morning, ladies and gentlemen. My name is Tot Kolflat and I've lived in Collier County since 1980. I am a homeowner and I live in Grey Oaks. When I and others purchased our property, we relied upon and placed our trust in the integrity of the Collier County Commission and their original planning decision that immediate and nearby areas would remain single-family homesites. The proposed change to allow the erection of multiple family units instead of single family units will have an adverse visual impact for us and an adverse effect on our property values. As an affected homeowner, I ask that this proposed change be denied. As a resident in Collier County, I believe a consistent and sound planning process is essential for successful growth management. I gained some insight into the process when I served several terms on the Naples Planning Advisory Board and as its chairman. In my opinion, the proposed change in the Kensington plan is flawed since it relocates the more compact and dense multiple family units to the south boundary. This location is remote from the Kensington egress and ingress on the north boundary and will increase traffic flow through the development. However, a more significant land planning issue in this matter is the importance of maintaining consistency, reliability and integrity in land planning decisions. Repeated changes granted developers to alter or flip-flop the original approved plans erodes public confidence in the process and those associated with it. As we witness with the current Naples referendums, if public confidence in the process is eroded, segments of the public may attempt to place severe restrictions on the process. As a resident, I certainly do not want to see this happen in Collier County. In conclusion, as a homeowner that relied on your original decisions that our neighborhood would consist of single family homesites, I ask that this petition be denied. As a resident of Collier County, concerned that planning decisions be sound, consistent and reliable and the public confidence be retained, I ask that this petition be denied. There are other Grey Oaks homeowners that have come in here in the audience that agree with me, and I would ask them please to stand at this time. We very much object to this and hope that you will deny it. Thank you. COMMISSIONER HANCOCK: Mr. Kolflat, I have a question, if I may. Your face and name rings a bell and I think it's because we saw you at the public hearing where the Grey Oaks development was requesting an increase in height for the commercial building at Golden Gate Parkway. Is that correct? MR. KOLFLAT: That's absolutely correct. COMMISSIONER HANCOCK: You were objecting to their increased height request of 15 feet at that time. MR. KOLFLAT: Exactly. On the same basis of maintaining consistency, when you commit to something as the commission or anything else and you make a promise, let's keep the promise. (Applause.) COHHISSIONER HANCOCK: It seems, Mr. Kolflat, so far you're far more consistent than Grey Oaks has been because they're the ones that came in and requested a height variance and didn't listen to you as a resident. So, I applaud you for your consistency but I'm having a little difficulty with consistency on the other side. MR. KOLFLAT: Well, not even my wife listens to me all the time. MR. FERNANDEZ: The next speaker is Robert Ranalli and then Sheilah Crowley. MR. RANALLI: Thank you, ladies and gentlemen. I'm Robert Ranalli. I'm a resident of Collier County. I'm a homeowner at Grey Oaks. My home is on Lot 122 which has an unobstructed view right now up -- up the lake and across the golf course and up to that boundary. We could debate the physics of whether or not if I stand in front of -- of a barrier and look up, my line of sight is this way versus where I am. We can debate the issue of whether or not mass of multiple family houses in that area is good or bad, but what you can't debate is whether or not when someone comes in, like most of us, who came in from other parts of the country and very much depend upon the integrity of the developer and the integrity of the decisions that are made by commissions such as this. We had choices in terms of where we went. We had choices in terms of the environment in which we wanted to live. You may not think that multiple family homes makes a difference. It happens to make a difference to me. I made a choice in terms of how I spent my money. I depended upon your integrity and I believe you should deny it. Thank you. COHMISSIONER NORRIS: Excuse me, sir. MR. RANALLI: Yes. COHMISSIONER NORRIS: Are you aware that multiple family houses are -- are now permitted all along that same area at three stories of height, not two? Are you aware of that? MR. RANALLI: I'm aware of the original plan. COHMISSIONER NORRIS: Are you aware that this has -- this proposal has less units, some of those units are taken out and the building heights are limited to two stories? Are you aware of that? MR. RANALLI: Yes, I am. COHMISSIONER NORRIS: Then your comments are just puzzling, sir, because -- MR. RANALLI: Well, they're not puzzling to me, sir. COHMISSIONER NORRIS: Well, it certainly is. We're saying we're having less multifamily units at a lower height. What -- MR. RANALLI: They're not -- they're not in the same location. COHMISSIONER NORRIS: They're within scant feet of being in the same location, sir. And a -- and a big piece of the middle of that -- that east-west line of multifamily houses is -- is gone. It's taken out of the -- out of the mix. MR. RANALLI: You're -- you want to debate the -- COHMISSIONER NORRIS: I don't want to debate. I just wanted to make sure that -- MR. RANALLI: You are missing something though. COHMISSIONER NORRIS: -- you were operating on the -- MR. RANALLI: You're missing how people make judgments about how they spend their money and you're missing the issue of integrity of choices that people make. COHMISSIONER NORRIS: Well, let me -- let me ask you -- let me ask our County Attorney something or perhaps the Development Services Department would be better for this. MR. RANALLI: Thank you, sir. COMMISSIONER NORRIS: Has the Grey Oaks PUD ever been amended and, if so, how many times? MR. MULHERE: Bob Mulhere for the record, Current Planning Manager. I'm not sure I could give a definitive answer but I could say that at least two times that I'm aware of. COMMISSIONER NORRIS: Okay. So, the argument that seems to be coming from some of our speakers that once a PUD is approved, it should never be again amended, does not seem to be consistent with what has happened at Grey Oaks. MR. RANALLI: It does, too. MR. MULHERE: I can say that on a fairly regular and consistent basis, PUD's approved by this board or predecessor boards are brought in for amendments and reviewed on a case-by-case basis as to whether or not that amendment is appropriate. COMMISSIONER NORRIS: Thank you. COMMISSIONER MAC'KIE: And the appropriateness -- for my vote, the appropriateness of the amendment depends on whether or not the change will harm or help the -- the innocent bystanders. COMMISSIONER NORRIS: That's exactly right. COMMISSIONER MAC'KIE: And that's the question today. COMMISSIONER NORRIS: I agreed with you for a change. COMMISSIONER MAC'KIE: Hey, let the record reflect we agreed. COMMISSIONER HANCOCK: We'll have a tough time finding that record in six months but -- COMMISSIONER MAC'KIE: Yeah. CHAIRPERSON BERRY: Our next speaker, please. MR. FERNANDEZ: Our next speaker is Sheilah Crowley and then Barbara Cawley. MS. CROWLEY: My name -- excuse me -- my name is Sheilah Crowley. I live in Grey Oaks on Buckthorn Way and I own a home, a single family home, also in the World Tennis Center. When I came with my family down to look where to live in Naples three and a half years ago, I went to Kensington. I was told by their salespeople that the area at the back would be single family. Last night, when I was contemplating coming to this meeting, my husband and I went out and we walked up the berm in the area behind Grey Oaks. And I didn't know it was 30 feet high, but we looked back and we could see the lights. It was about dusk at our house. One thing that no one has mentioned here is that the quality of life that you come to Florida for is to enjoy the evenings, and while you're all talking about what you can see in terms of a house in the daytime and your impacts change tremendously at night, we enjoy sitting on our lanai. And the difference between single family and multiple family, because if you walk and look at -- from the front of my house, you can see the World Tennis Center at night, too. And multiple family homes tend to have security lighting, more safety lighting. Single family homes more have the low voltage landscape enhancement lighting. When we purchased at Grey Oaks, we did it with the knowledge that we'd be on -- we're sort of on a lake and part on the golf course but on the other side there is green area that we will have across from us. So, at night you're sitting out, the impact of multiple family at the end of what is Silverleaf Lane will be there. And the -- one of the reasons, if you'll look at the plan, the Grey Oaks plan, right at the end of the cul-de-sac, there's not going to be a house right at the end. The cul-de-sac goes up toward the berm. So, your change here will affect the quality of life of my family. And we really enjoy sitting out on the lanai and enjoying this beautiful weather in January and February, which we could never do at home, and the lighting on a multiple family development will make a big difference. COHMISSIONER NORRIS: So, you -- COHMISSIONER HAC'KIE: Maybe eventually this will be home for you. MS. CROWLEY: Well, it is and we live here full time and my daughter is in high school down here -- COHMISSIONER HAC'KIE: Let this be home. MS. CROWLEY: -- so, yes, but -- but I just want you to understand that -- that this does make a difference and I don't think anyone has addressed the nighttime ambience and beauty. COHMISSIONER NORRIS: That's a very good point. You said you're on Silverleaf Lane? MS. CROWLEY: I walked over on the berm up there. I live over on -- on Buckthorn Way. COHMISSIONER HAC'KIE: Buckthorn. COHMISSIONER NORRIS: You live on Buckthorn? MS. CROWLEY: And our -- our lanai looks, as you look across, you can see that area. And, like I said, we went after -- it was a little around dusk, like dark, so that we could see what the difference would be by turning our lights on and looking back that way. COHMISSIONER NORRIS: Well, do you know that there is -- there is already approved multifamily at the area you're '- MS. CROWLEY: I'm just looking at what I understood to be the differences today. And I know that when you get more dense multifamily in one spot, you do tend to have more lighting as that '- I'm comparing it with the type of lighting that they do at the World Tennis Center. When you have walkways up high, they must be lit. COHMISSIONER NORRIS: Okay. But, excuse me. MS. CROWLEY: I'm sorry. Yes. COHMISSIONER NORRIS: I think I got your point but I -- I just want to ask you if you are aware, and I assume that you're -- you're referring to that corner where Kensington and World Tennis Center come together? Is that the corner? MS. CROWLEY: I'm -- I was at the Silverleaf, you know -- COHMISSIONER HAC'KIE: Cul-de-sac. MS. CROWLEY: -- berm there. The cul-de-sac, and I -- I walked up and stood at the top of the berm, turned around and looked toward my house. COHMISSIONER NORRIS: So, you had to get up on top of the berm to see the other '- MS. CROWLEY: Well, that's where I figure the lights would come over. COHMISSIONER NORRIS: But the light won't go over. MS. CROWLEY: No. They'll be up there from the second floor of those houses, I would assume. COHMISSIONER NORRIS: It's just interesting that you had to get up on top of the berm to be able to see some impact. MS. CROWLEY: Well, there are no lights -- I couldn't see the lights from my house now. COHMISSIONER NORRIS: Exactly my point -- MS. CROWLEY: They're not there. COHHISSIONER NORRIS: -- yes. Exactly my point. COHMISSIONER HANCOCK: What I'd like to point out, as I understand it, and I'll be asking the Kensington folks this to make sure it's the case, if you look at Wellington Place, which is the design that they are committing to today, if this moves forward, when we talk about lights, I lived on a third-story condo for about 18 months and I live now in a single family home. And you're right. You go up on the third floor and the lights outside are brighter than, say, you know, the light ten feet off the ground at my house. But as I look at Wellington Place being limited to two stories, the eave, which there's no lights on the roofs of buildings, they're all below the eave. UNIDENTIFIED SPEAKER: The stairways. COHMISSIONER HANCOCK: The eave is below the height of the berm. MS. CROWLEY: Is that the front of it or is that -- COHMISSIONER HANCOCK: Yes. MS. CROWLEY: -- the side of it that's going to face Grey Oaks? Is the -- the garage, is it going to be entered -- COHMISSIONER HANCOCK: Some -- MS. CROWLEY: -- from the back? COHMISSIONER HANCOCK: Some fronts will face, some sides will face because it's a cul-de-sac, but the point is that the highest point that any visible light would be would be at or below the eave of the structure, which is the bottom edge of the roof and that is going to be no higher than 22 feet, according to that drawing, which is eight feet short of the top of the landscape berm. So, I understand your point, and if we're talking about three-story units, you are absolutely correct. You would probably be able to see the lights outside those three-story units from your house. CHAIRPERSON BERRY: But they're not. COHMISSIONER HANCOCK: But from a two-story unit, which they're currently permitted to build -- CHAIRPERSON BERRY: Right. COHMISSIONER HANCOCK: -- but from a two-story unit, the eave is below the top of the berm. MS. CROWLEY: Are they going to have -- do you know that there will not be security lighting up there to light that driveway -- COHMISSIONER HANCOCK: We can -- MS. CROWLEY: -- for the whole area? COHMISSIONER HAC'KIE: We can make that a condition. COHMISSIONER HANCOCK: We can ask those questions. Whether they have street level lighting or not we can look at the heights of it and whatnot and make that part of this because I -- you've got a valid point about lights at night. I want to make sure we address it fully if this project moves forward. So, I think the -- the concern you now list is probably the -- the more important one. If they're limited to two stories, we need to look at street level lighting, what its height is and whether it can be seen from Grey Oaks. I think it's a good point. MS. CROWLEY: I would ask that you please deny. Thank you very much for your time. CHAIRPERSON BERRY: I think an interesting point on that, too, it's not like you have in some of the units where you have the open stairways going to the -- COHMISSIONER HAC'KIE: Yeah. CHAIRPERSON BERRY: -- second level which are normally lighted. This is not the case here. All of -- I live in a very similar situation to this. All the lighting is down low. There is not one -- one house where I live, unit that I live, that has lighting that is above. You're not permitted to do it and I'm sure that the covenants of Kensington probably would not allow it in the first place. So, all the lighting is done where our mailbox is. There's a light that's placed on top of that. And -- and there's -- there's nothing visible from the berm and the wall and the people on the other side of where we live. COMMISSIONER MAC'KIE: Whereas, if we leave things like they are and they could build -- CHAIRPERSON BERRY: Oh, yeah. COMMISSIONER MAC'KIE: -- a three-story -- CHAIRPERSON BERRY: Absolutely. COMMISSIONER NORRIS: You would. COMMISSIONER MAC'KIE: -- there could be -- CHAIRPERSON BERRY: You'll see housing -- COMMISSIONER MAC'KIE: -- lighting that's visible. CHAIRPERSON BERRY: -- lights. COMMISSIONER HANCOCK: There's going to have to be because three stories you have to have an elevator -- COMMISSIONER MAC'KIE: Yeah. COMMISSIONER HANCOCK: -- in addition to stairwells and that's usually an external access and lighting is required, 88. COMMISSIONER MAC'KIE: Interesting. COMMISSIONER HANCOCK: So, that's the point I was making is the difference in height for exterior lighting. CHAIRPERSON BERRY: Okay. Miss Cawley. MR. FERNANDEZ: The next speaker after Miss Cawley is William J. Johnson. CHAIRPERSON BERRY: Okay. MS. CAWLEY: Good morning, commissioners. Barbara Cawley. I'm here representing the homeowners' association at Grey Oaks again. This commitment is a little bit different than a standard commitment with inside a P -- the PUD. The commitment was a -- was specifically part of the motion back in '92 when this project was approved. And it was based on a negotiated agreement between the two property owners. And I'd like to put on -- just read a little bit about the motion. It was Commissioner Saunders who made the motion and he -- well, first of all, it turns out Mr. Brugger was the representative of Kensington -- Kensington at the time. And he says, John Brugger stated that he has agreed to the modifications proposed by Grey Oaks regarding buffering and things. And then Planner Saadeh confirmed that staff had no problem regarding that. Commissioner Saunders reiterated the motion. Also includes all other stipulations and comments proposed by staff. Commissioner Volpe stated that the motion also includes a change agreed to regarding the development standards along the southern boundary line of the project as it abuts Grey Oaks subdivision. Commissioner Saunders acknowledged that it does. COMMISSIONER MAC'KIE: I'm sorry. I didn't get -- Commissioner Volpe is who asked does this specifically include that -- MS. CAWLEY: Yes. Earlier -- COMMISSIONER MAC'KIE: -- note? MS. CAWLEY: Earlier in the discussion, Mr. Brugger made the -- made the statement that they would comply with -- with putting no more than single family homes along the southern boundary of the Kensington project. And then when the motion was made by Commissioner Saunders, he -- he didn't specifically say that, and Commissioner Volpe then came back and said, does this include the commitment that you have made, Mr. Brugger, along your southern boundary to commit to single family homes? So, it's not like a 15-foot height in a -- in a project or a typical 30-foot setback or something like this. This was a specific agreement between two developers and the county commission. COHMISSIONER HAC'KIE: Was Grey Oaks represented at that hearing in '92? I mean, do you know if the -- MS. CAWLEY: I don't know. I assume they were because that was -- or there had been a negotiated agreement. The minutes in '92 are not word for word anymore. COHMISSIONER HAC'KIE: Yeah. MS. CAWLEY: I mean, they do that now but back then they did a summary of the minutes. And, so, the folks in Grey Oaks are really dealing with a specific commitment made by the county commissioners and by Kensington at that time to put nothing but single family residences along the southern border. So, it's -- that's a little different than -- than coming in for just a change of -- of a lot size or something. So -- CHAIRPERSON BERRY: Hiss Cawley, can I ask you a quick question? MS. CAWLEY: Yes. CHAIRPERSON BERRY: Do you -- was there any discussion at that time whether those single family homes would be one or two-story? MS. CAWLEY: There was nothing in the minutes about that. CHAIRPERSON BERRY: Okay. MS. CAWLEY: So, I don't know that. But, generally, as you know, the -- the two-story homes in the community are, as we've discussed earlier, they're -- they're not as common as a one-story single family home. COHMISSIONER HAC'KIE: Twenty-seven percent. CHAIRPERSON BERRY: Back in -- yeah, true, but back in '92 that was probably definitely the case, but more and more -- I mean we're looking at 1998 and they're becoming more prolific, and that's what I wondered, if there had been a discussion back in '92 when this was talked about? MS. CAWLEY: I think it also was a value question, a negotiation between the developers that they knew this was an area of Grey Oaks that would be single family only and that they wanted -- they negotiated and determined that the -- the exact same type of product would be put on the northern side of Grey Oaks and the southern side of Kensington. So, it was a -- there was a value question. There was a question of -- of views and densities. And at that time it was agreed to very strongly by the developer of Kensington to maintain that single family use. CHAIRPERSON BERRY: What's happening now with this new plan is that the density is being reduced. We're reducing the density. MS. CAWLEY: Well, not along that southern border they're not reducing the density. They may be overall reducing the density. CHAIRPERSON BERRY: Yes, we are. COMMISSIONER HANCOCK: Miss Cawley, you said something that's a little -- a little -- I think maybe just a mistake. You said the same kind of product on the Grey Oaks side as on the Kensington side. MS. CAWLEY: Single family. COMMISSIONER HANCOCK: Okay. Because nothing could be further from the truth when you look at the homes in Grey Oaks versus a single family that was originally proposed on 65-foot wide lots with a setback, I would guess, no more than 15 feet between structures versus the more estate style of Grey Oaks. MS. CAWLEY: Well, I think at the time, they're -- the plan that's shown here is different than the plan that Grey Oaks has been using to determine what kind of lots would be located along there. And the plan in 1993 was 29 single family lots and it was an STP plan that was submitted to the county. COMMISSIONER HANCOCK: But is nonbinding as Grey Oaks knows. MS. CAWLEY: But that was the -- that was what they felt the intent was, that there would be 29 single family homes along the southern boundary that would be adjacent to Grey Oaks. And, so, it's really a question of mass and -- and, as you know, single family homes have space between them. And in this case, you don't have space between the multifamily units. It's a very -- it becomes more of a wall type structure than does the single family homes. COMMISSIONER NORRIS: How much space can you have between single family houses on 65-foot lots, Miss Cawley? MS. CAWLEY: Well, again, we were using -- COMMISSIONER NORRIS: Fifteen feet? MS. CAWLEY: We were using more 70-foot lots, 70 by a hundred. COMMISSIONER NORRIS: Who are you employed by? MS. CAWLEY: Who I'm employed by? I'm not employed by anyone. COMMISSIONER NORRIS: Oh, I see. You -- MS. CAWLEY: But I'm working for Grey Oaks Homeowners' Association right now. COMMISSIONER NORRIS: Okay. You've been before this board several times in your professional capacity. Have any of those appearances ever been to represent a petitioner on a PUD amendment? MS. CAWLEY: Yes. Yes, sir. Absolutely. COMMISSIONER NORRIS: How many occasions would you -- MS. CAWLEY: I -- I wouldn't know how many occasions. COMMISSIONER NORRIS: Would it be a hundred? MS. CAWLEY: I don't know. Seventy-five. I don't know. COMMISSIONER NORRIS: It's been a lot, hasn't it? MS. CAWLEY: A lot, yes, sir. COMMISSIONER NORRIS: So, in your professional opinion then, would you say that there's nothing particularly unusual per se about a PUD amendment? MS. CAWLEY: I agree with that. COMMISSIONER NORRIS: And how many times have you represented Grey Oaks in a PUD amendment? MS. CAWLEY: One. COMMISSIONER NORRIS: Just once? On the one occasion? MS. CAWLEY: And that's -- that's an interesting point because when we did come before you on that PUD to ask for the additional 15 feet, you were very concerned about that. And in order to get that amendment, Grey Oaks gave up 100,000 square feet of commercial density. And that was -- that was at -- at your request so that we could show a community benefit to -- to asking for that 15 feet. COHMISSIONER NORRIS: That's a very good point. I'm glad you brought it up because here the petitioner is -- is reducing densities and increasing the distance between Grey Oaks' properties and the first building in Kensington, which in, I think, everyone's rational opinion would have to be considered a reduction of impact. MS. CAWLEY: Well, I think it really boils down to a commitment question. COHMISSIONER NORRIS: Okay. MS. CAWLEY: And what is committed -- specifically committed in this case and it's a little different than most PUD amendments. And I -- I know because it was a specific negotiation between two property owners at the time and the -- and the county. COHMISSIONER CONSTANTINE: Could I ask one more question? CHAIRPERSON BERRY: Sure. COHMISSIONER CONSTANTINE: Mr. Weigel, could you grab the two displays behind you on the floor, the existing PUD master plan and I assume the proposed -- COHMISSIONER HAC'KIE: Behind it. COHMISSIONER CONSTANTINE: -- one is right behind it. COHMISSIONER HAC'KIE: No. On the same -- COHMISSIONER NORRIS: I think it's -- COHMISSIONER HAC'KIE: On the same board. COHMISSIONER NORRIS: It's a flip-over sheet. COHMISSIONER CONSTANTINE: If -- if we look at the bottom row on the existing, you just -- you mentioned again, Ms. Cawley, as a couple other folks have, mass on the impact. And if you look at the bottom of that, the southernmost part of that and then we flip up to what's proposed, can you explain to me how the second one is an increased mass '- MS. CAWLEY: Well -- COHMISSIONER CONSTANTINE: -- because I look at all those on 65 lots and there are 46 of them, and then I look at these and there are eight, I think, over there and one, two, three, four, five '- MS. CAWLEY: When we -- when we came before the Planning Commission, this was designated as multifamily. I didn't realize it was this big. COHMISSIONER HAC'KIE: So, that's a big improvement over Planning Commission. I mean that's a big change. MS. CAWLEY: What size lots are those going to be, the detached single family? MR. COLEMAN: Minimum 60. MS. CAWLEY: They're going to be the same small 60-foot lots. COHMISSIONER CONSTANTINE: Yeah. MS. CAWLEY: So, we're going to end up with those along there? Is that what you're saying? COHMISSIONER CONSTANTINE: Well, just -- as I look at those two, the -- the difference is remarkable and it does not look like increased mass at all. COHMISSIONER HAC'KIE: Will you put the top one back one more time? CHAIRPERSON BERRY: It's internal into the project. COHMISSIONER CONSTANTINE: It's internal but it's also -- CHAIRPERSON BERRY: Yeah. COHMISSIONER CONSTANTINE: -- considerably less dense. COHMISSIONER HAC'KIE: It looks like a lot less mass. CHAIRPERSON BERRY: And it's further away. COHMISSIONER HAC'KIE: Go back. MS. CAWLEY: Again, this is -- this is really the worst case in that the plan that they had before only showed 29 and there's nothing to say that they're going to -- COHMISSIONER HAC'KIE: I don't know how they could market that. MS. CAWLEY: I don't know how they could market that. COHMISSIONER HAC'KIE: I mean, who would buy that? COHMISSIONER HANCOCK: It's actually happening -- COMMISSIONER MAC'KIE: Oh, it is? COMMISSIONER HANCOCK: -- on the western boundary -- MS. CAWLEY: So, they're showing the best to you. COMMISSIONER HANCOCK: -- of the project right now. COMMISSIONER MAC'KIE: Oh, really? MS. CAWLEY: The worst as they're -- as they're given space and that's not what's marketable. And you're going to see views across here where you -- where there's no -- there's no breaks. COMMISSIONER CONSTANTINE: But those are zoned in the existing one. If you go back again -- COMMISSIONER MAC'KIE: Yeah. Go back -- COMMISSIONER CONSTANTINE: -- to the front one -- COMMISSIONER MAC'KIE: -- again. COMMISSIONER CONSTANTINE: -- those are already zoned anyway up in there. So, you would look across and see that. There's no change there. MS. CAWLEY: Now, again, that's not what's shown on the plan that I have either. COMMISSIONER NORRIS: Well, excuse me. There is a change. UNIDENTIFIED SPEAKER: They moved them forward. COMMISSIONER NORRIS: These are -- are permitted to go to three stories under the old plan and now they won't be so -- COMMISSIONER HANCOCK: They're -- but they are closer to the property line by, I think, 15 feet or something to that effect or -- UNIDENTIFIED SPEAKER: Sixty. MS. CAWLEY: Well, the original plan that I have has multi -- has single family across the street and up the cul-de-sacs as well. So, that's not -- this is not what -- COMMISSIONER MAC'KIE: Oh. MS. CAWLEY: -- we've seen in the future. We have multi -- single family all along the southern boundary of the property. CHAIRPERSON BERRY: But which -- which plan is the plan here, guys? MS. CAWLEY: I don't know. That's the question. I mean we have no '- COMMISSIONER HANCOCK: The petitioner -- the petitioner has labeled this exhibit Existing PUD Master Plan. Miss Murray, as we pull out the PUD, the zoning document, is this the plan that is consistent with that document? COMMISSIONER MAC'KIE: In the current PUD document, what's the page? MS. CAWLEY: Are you going to be allowed multifamily right across the street from single family? I thought there was -- COMMISSIONER MAC'KIE: That transitional word? MS. MURRAY: Yes. COMMISSIONER MAC'KIE: So, that's straight right out of the PUD? MS. MURRAY: Yes. It's -- PUD master plan is very general. They're showing platted lots but the configurations of the cul-de-sacs and the -- COMMISSIONER HANCOCK: So, somebody -- MS. MURRAY: -- lots are the same. COMMISSIONER HANCOCK: -- has been using the wrong plan to show people in Grey Oaks about what's supposed to go on the other side of the property line. MS. CAWLEY: And within Kensington. COMMISSIONER HANCOCK: Because that's the plan of record right there. MS. CAWLEY: And within Kensington. That's -- this is the plan that the Kensington folks have been shown. COMMISSIONER MAC'KIE: Because that was their STP. And, you know, so it's not like somebody made this up. That was the -- that's -- I've seen that and it's got a stamp on it that shows it's a Collier County STP. COMMISSIONER HANCOCK: I understand that, but my point is people are comparing different things here today. COMMISSIONER MAC'KIE: Uh-huh. COMMISSIONER HANCOCK: The official plan of record for zoning purposes is the PUD master plan. And that -- MS. CAWLEY: Which doesn't show this, Mr. Hancock. It shows -- it shows tract, a tract along there. It don't show the units. COMMISSIONER MAC'KIE: It didn't show the lots, the individual lots. MS. CAWLEY: Right. COMMISSIONER HANCOCK: Okay. COMMISSIONER MAC'KIE: And -- and I've just got to say this not to you but maybe to the petitioner. It seems like there has been so much change so quickly, and I appreciate your responding to issues that were raised at Planning Commission, but I'm afraid that half of the people in the room who are objecting don't know what you're really proposing today because they saw what you proposed at Planning Commission and it looked awful. And, so, now you -- I guess I'm saying that to the people in the room that there are changes since the Planning Commission and I wonder if you know what those are. MS. CAWLEY: And one of the points on that, Commissioner Mac'Kie, is that they had -- at the Planning Commission said they would meet with us -- COMMISSIONER MAC'KIE: And that's very telling. MS. CAWLEY: -- and they did not do so. COMMISSIONER MAC'KIE: And why is that? MS. CAWLEY: And we -- I know that Mr. Ink called a number of times to try to get the meeting to try to understand what was going on and we were never responded to in that case. COMMISSIONER MAC'KIE: Now, that's not good. MS. CAWLEY: Because we were, you know, wanting to work with them and that was not -- they weren't forthcoming in working with us. CHAIRPERSON BERRY: On the other hand, this morning we did hear from the petitioner. We heard certainly from our staff and then we had about a ten-minute break when these boards were turned around and people did have the opportunity. COMMISSIONER MAC'KIE: Yeah. CHAIRPERSON BERRY: It doesn't take a long study to come up here and look at what's existing and what is proposed. So, all you need to do is come forward -- COMMISSIONER MAC'KIE: Right. CHAIRPERSON BERRY: -- take a look at these boards and anyone that's in this room this morning did have the opportunity to take a look and -- and see what has been proposed and, certainly, to hear what the petitioner is asking for. We can sit here and nitpick and -- and do all those kinds of things. I can't take on and take on the responsibility of the petitioner and -- and that kind of thing. This is something that if there was a problem, they needed to work that out before they ever got here before us this morning. COHMISSIONER HAC'KIE: Agreed. CHAIRPERSON BERRY: But we're here to look at what we've been shown and, thank you, Hiss Cawley. Is there anything else that you needed to get on the record? COHMISSIONER HANCOCK: I do have -- I do have one question. CHAIRPERSON BERRY: I'm sorry. Commissioner Hancock? COHMISSIONER HANCOCK: When you represented, I assume, Grey Oaks Development on the Columbia '- MS. CAWLEY: Yes. COHMISSIONER HANCOCK: -- Building height increase, okay, where you were going, I think, 50 to 65 feet in height, Mr. Kolflat was one of the people, actually the only person, that took the time to come down and raise an objection to it. I believe, and I'd have to go back to the record to make sure, but I believe -- and I take all commitments in a PUD seriously. I don't care if they were negotiated, I don't care if they were written in, I don't care if they were extracted by the board, they're were commitments. In order to alter one of those commitments, there has to be appropriate mitigating circumstances. One of the mitigating circumstances that you stated, addressing Mr. Kolflat's concern of visibility, was that it was so far away from where he lived, that the 15 feet would be almost imperceptible. That is the exact same argument -- you're very convincing. I think it was a four-one vote to allow for that change in the Grey Oaks PUD. That's the exact same argument we're hearing from the Kensington folks today, and so I find it difficult to say on the one hand the commitment, when mitigated, must be held to; on the other hand, it shouldn't. I -- that's difficult because it's the exact same argument. MS. CAWLEY: Well, again, in order to get that -- that 15 feet, Grey Oaks gave up quite a bit. They gave up 100,000 square feet of commercial. And that was -- had nothing to do with what the view was going to be like or anything. That was something that -- that you felt was important and there was a -- a quid pro quo, basically -- COHMISSIONER HANCOCK: Right. MS. CAWLEY: -- between the board and the developer. In this case, I don't see that quid pro quo. COHMISSIONER CONSTANTINE: Well, coincidentally they've said, I think, roughly, was it 30 units are being cut, your average home in this -- this community is about 30,000 -- 3,000 square feet, so it's 90,000 residential or 100,000 commercial, but you're awful close on the square footage that's being given up. I just -- it's very hard to listen to you argue one thing very passionately and two months later come back and argue the exact opposite side. MS. CAWLEY: Well, I -- I think there's a difference. The reason there's a difference is because it was a different kind of commitment. And I understand the -- the PUD's are -- the information in a PUD is important and the PUD master plans are important. And I -- and I totally agree with you, Commissioner Hancock, but this was an agreement that was worked out between the two developers back then and -- and approved by the board as a specific type of commitment. And I think that -- I know -- I know that the Grey Oaks folks have a height limitation along their border with Carriage Lane, and they intend to keep that height limitation along Carriage Lane. They also at Hawksridge had -- and have, in fact, lost sales because they had an agreement that they would have a certain type of unit adjacent to Pine Woods and have complied with that commitment because it was a specific commitment between Pine Woods and Hawksridge and between Carriage Lane and Grey Oaks. COMMISSIONER HANCOCK: And we could -- we could go around -- CHAIRPERSON BERRY: We could go on and debate that. COMMISSIONER HANCOCK: -- that one again. If they came in and said we're going to put in a new buffer and we're going to reduce our height, that's the position we're in today. They're going to put in an additional buffer and they're going to reduce their height. COMMISSIONER NORRIS: Eliminate units. COMMISSIONER HANCOCK: Eliminate units. COMMISSIONER NORRIS: And move them farther away from the property line. MS. CAWLEY: Thank you. CHAIRPERSON BERRY: Thank you. Mr. Fernandez, how many speakers do we have after Mr. Johnson? MR. FERNANDEZ: Probably about 15. CHAIRPERSON BERRY: Fifteen? Okay. COMMISSIONER HANCOCK: I think I'm going to hold all questions till the end. COMMISSIONER NORRIS: Okay. CHAIRPERSON BERRY: Mr. Johnson. MR. FERNANDEZ: And then the next is Kenneth Ricci. CHAIRPERSON BERRY: Kenneth Ricci is the next speaker. MR. JOHNSON: My name is William Johnson. I'm a property owner in Kensington. I guess I spoke rather strongly in opposition to the proposal when it was presented to the Planning Advisory Board and while the basic -- my basic feelings about this proposed change haven't really changed dramatically, I guess I've been told often enough by the petitioner's representatives what a fool I've been to believe in a site plan that was being distributed to prospective purchasers. And they're quick to point out that this is -- this is labeled a Conceptual Master Plan. I don't see any language on here about subject to change at the whims of the developer and the Board of County Commissioners. If I may, let me provide you a copy of this. This was -- COMMISSIONER NORRIS: Mr. Johnson, if you're going to speak, you need to be on the microphone. MR. JOHNSON: This was distributed to prospective buyers, at least from my experience while I was a prospective buyer from June of '95 through the end of the year. We closed on a lot purchase in January of '96. I -- I relied on this document, whether I should have or not, in -- in making a decision. As you can see, the multifamily residential is up in the northeast corner of the property. The whole southern half of the project is single family. I looked at factors like traffic. All the roads leading to the back of the property are not boulevards. They're -- they're residential streets. I would question how seriously we've considered here the capacity of these residential streets to handle the traffic to the multifamily areas that were put in the -- in the -- along the southern portion of the property. COHMISSIONER NORRIS: Mr. Johnson, the elimination of 30 units in your opinion will increase or will it -- did it decrease traffic? MR. JOHNSON: Well, if you look closely at this plan, as I did, I provided for you at the bottom of this page the count of units that are shown on this plan. COHMISSIONER NORRIS: Well, do you mind answering my question before you go off on another direction, please? MR. JOHNSON: I'm sorry? COHMISSIONER NORRIS: My question was -- MR. JOHNSON: Would you repeat it? COHMISSIONER NORRIS: -- in your opinion, will the elimination of 30 units from the PUD increase or decrease traffic on these streets? MR. JOHNSON: Obviously, it depends on where it is you're deleting it from. But -- COHMISSIONER NORRIS: Okay. Thank you. Go ahead with your -- MR. JOHNSON: -- in general -- generally, to answer your question COHMISSIONER NORRIS: You're not going to answer my question, are you? COHMISSIONER HAC'KIE: He's trying to right now. MR. JOHNSON: It will reduce it. COHMISSIONER NORRIS: Thank you. MR. JOHNSON: But to -- to a given homeowner, it may not reduce it for him because of where it's -- it's removed from. COHMISSIONER HAC'KIE: You know, he's counting the cars that are going to come by his house. I mean I assume that's what you're counting, not -- MR. JOHNSON: And I -- and I would suggest to you that -- that -- what is the true capacity of a residential street to carry this traffic? COHMISSIONER HANCOCK: One thousand cars a day is the average standard. MR. JOHNSON: If -- if you look at other communities, you don't -- you don't have traffic going to multifamily areas traveling down single family streets. If it is, it's very rare. By and large you have boulevards and single family homes are off on pods off of that main thoroughfare. So, probably what I'm -- the -- the most valid point I can bring to you this morning is maybe the manner in which the county controls or fails to control the kind of information that's disseminated to prospective buyers, why something of this nature should be put in print, stacked up on the table with all the plans and the model of the community and purport to be what was to be built. And I did sit there and count and was told that the -- the density of homes -- of residential units in this community was going to be substantially below the PUD allowance. So, how the whole system -- how -- how this is controlled maybe needs some attention from both this commission and -- and staff to assure that what a developer is presenting as his plan is indeed valid or not. Thank you. COHMISSIONER HANCOCK: I do want to quickly point out, sir, because I don't think it's changed, the first indication you should have had that something was going to be different was when about 30 lots became a lake to the south of the cul-de-sac, south of Kensington Gardens, that street is now a lake. So, there are already some alterations before units were sold, and I don't know. We've had similar complaints in the past. They're civil complaints because for this board to become the policing authority of real estate land use plans is just an area that is -- is -- that's a civil matter between the buyer and the purchaser, and if we get involved in that, we're going -- we're going to spend a lot of your tax dollars. MR. JOHNSON: I agree it's not a matter that should come before this commission. COMMISSIONER HANCOCK: I just wanted to point that one change out though. It's significant. MR. JOHNSON: Do you realize that none of these streets are in? I mean, for someone to determine whether that road was there or whether indeed it was a lake, you'd be tramping across wild ground. COMMISSIONER HANCOCK: I wasn't sure where your home is but I -- I'd just -- MR. JOHNSON: It's -- it's very close to this area. COMMISSIONER HANCOCK: Okay. Thank you. MR. JOHNSON: Thank you. MR. FERNANDEZ: The next speaker is Kenneth Ricci and then R. J. Hobeft. MR. RICCI: Hi. My name is Kenneth Ricci. As a future resident of Kensington and a resident of the proposed area in question, this will be brief. I approve, and that's about it. It's been rather lengthy. COMMISSIONER MAC'KIE: Put your money where your mouth is already, huh? CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: R. J. Hobeft and then Joseph A. Batty. MS. HOBERT: Good morning. Rosemary Hobeft. I'm going to be a resident at Kensington. I have purchased a lot actually right in the same area where Mr. Johnson is, where there might be a concern as far as traffic is concerned. When I purchase -- and I will tell you that I do currently work at the sales center. I've sold real estate in Naples for 13 years, decided to go out to Kensington to sell and liked what was going on and decided to purchase in there. I could get another job anywhere tomorrow. I do want to live in Kensington. When I first got there, I also looked at a conceptual and I did ask questions and was told, this is what we'd like to do, this is what we'd like to do, but I did understand that things might change. I prefer to live in a community that's completed as opposed to a community with some lots that perhaps might be a little bit difficult to sell. I appreciate all of your questions this morning. I think you've cut to a lot of what the true issues here are. I really -- I strongly urge you to approve this request. COMMISSIONER NORRIS: Where -- MS. HOBERT: I'm in the Canterbury Green section. COMMISSIONER NORRIS: Which would be? MS. HOBERT: Which would be on the east -- right near World Tennis. I'm on Lot 2 right there. Mr. Johnson is there. CHAIRPERSON BERRY: Just describe where -- MS. HOBERT: I'm on Lot 2 that I just pointed out to you in the Canterbury area. And down in that one corner is where -- are some proposed multifamily. So, by living on that street -- COHMISSIONER HAC'KIE: Oh? MS. HOBERT: -- you know, I mean -- I would be in the same area where Mr. Johnson is. And there is going to be another exit to the community on the other side where most of the multifamily would be, so I don't even really think that we're going to have any more traffic on the west side of the community than we would have if we did put all single family down there. Actually, probably less. Thank you. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Joseph A. Batty and then Tom Brown. UNIDENTIFIED SPEAKER: Dr. Batty had to leave on a commitment. MR. FERNANDEZ: Tom Brown and then Susan Brown. MR. BROWN: Good morning. CHAIRPERSON BERRY: Good morning. MR. BROWN: My name is Tom Brown. I'm a resident of Kensington and a happy resident, I might add. The Bateman Community Properties don't build motels. They build very beautiful coach homes and I have many friends in various communities in the county here that -- that live in them. CHAIRPERSON BERRY: I'm sorry. Mr. Brown, you said Bateman Communities. Is that who is anticipating building these units? MR. BROWN: I think that's true, yes. COHMISSIONER HANCOCK: Okay. I didn't know that. COMMISSIONER MAC'KIE: Yeah. MR. BROWN: Oh, okay. They're very lovely, lovely buildings. And Mr. Ricci has bought a unit in them. And the lighting discussion that you had, I think the commissioners fully agree that it just -- this isn't a lighting problem with it. The 30-foot elevation is lower than the typical two-story home in a community I live in right now. I lived in Canterbury Green, on the most southern end of it. In fact, I'm the last house in Kensington and I face World Tennis Center. And, in fact, my buffer between my -- my lanai and World Tennis Center it's about 30 feet. COMMISSIONER NORRIS: Thirty feet high? MR. BROWN: No. Thirty feet in distance. CHAIRPERSON BERRY: Distance. COMMISSIONER NORRIS: Thirty feet in distance? MR. BROWN: Yeah, right. Just like it is along the -- the west side of Grey Oaks. They have the same situation there. So, at any rate, my point is that it's a quiet community. Kensington is also a quiet community and -- and I don't see where the problem -- the builder is -- is proposing such enhancements to the Kensington community and I think that's a commitment that the builder has also, the developer. He's -- he's improving the roads, he's reducing density, he's positively impacting, reducing the infrastructures as far as water, sewage, police, fire, et cetera. And I -- and I think those are all very positive things that I hope the commission will -- will look upon very favorably. This sight, line of sight, for a three-story structure, which they're entitled to build, and they may very well build that, is going to be detrimental to the Grey Oaks community. And I -- I just got a feeling that, like you folks, some of them have not understood that completely. There's never been a question in my mind. I spoke at the last meeting, at the Commission Planning Meeting in favor of this as well. One of the gentlemen there, I don't know his name, excused himself from the -- from the panel -- he was sitting over there -- because legal -- the legal counsel advised him he had a conflict of interest. Well, I guess he did because he lived at Grey Oaks. And -- and in his dissertation to -- to me and to all of us, he explained that he was a citizen and a -- and a resident and he had a -- he fully had a right to sit up there even though he had this conflict of interest. And I thought -- I took exception to that. And he testified and he did an eloquent job of that. COHMISSIONER HAC'KIE: Does this soon get to something relevant on the petition because I don't want to talk about individual, you know, who did what, when. MR. BROWN: Okay. COHMISSIONER HAC'KIE: You know, I don't think -- COHMISSIONER HANCOCK: If there's something in his testimony you wanted to -- MR. BROWN: Yeah, it is. When Dr. Batty, who is a very distinguished, respected physician in this community who -- who had to leave. He's giving a lecture at the Naples Country Club at 12:00 o'clock. That's why he had to leave. This gentleman called him, in front of everybody and everyone -- and most everyone heard it -- a big jackass. And I thought that was very, very -- COHMISSIONER HANCOCK: A member of our Planning Commission? MR. BROWN: Yes, sir. COHMISSIONER HAC'KIE: Yeah, but what relevance does that have to what we're taking about? MR. BROWN: Only that I think this gentleman owes Dr. Batty a public -- COHMISSIONER HAC'KIE: Well '- MR. BROWN: -- apology. And I -- COHMISSIONER HAC'KIE: I suggest you write a letter or something like that. MR. BROWN: I will do that. Thank you. COHMISSIONER CONSTANTINE: I'll say this. If we have members of our Planning Commission acting inappropriately, that's something we ought to review the record and take a look at and -- and we can take corrective action, but that's separate from this hearing. MR. BROWN: Okay. Well, I didn't -- I'm sorry I'm out of line in that regard, but -- but I do support the -- the proposal and I hope you, gentlemen and ladies, will -- will look favorably upon it. Thank you very much. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: The next speaker is Susan Brown and then C. Patricia Grimes. MS. BROWN: Good morning. I'm Susan Brown. I'm a resident at Kensington. You know, it's the American way to improve products and I think that includes developments. If there -- that were not the case, we would all still be driving black Model T Fords. In this case I think the developers of Kensington have done a very good job of proposing something which is better, and I think we're fixated, some of us, on language to the point where there is the assumption that anything which is a single family home has got to be better than a multifamily product. I think if you look at what is currently permitted and the change that's being proposed, you would have to say that it's better even though it's a change. I'm in favor of it and I hope you will vote for the petition. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: C. Patricia Grimes and then Glenn Morton. MS. GRIMES: I'm Patricia Grimes and I'm planning to build a home in Kensington. I think you should know I'm also on the sales staff and very, very pleased with what Kensington is proposing here. I think it would enhance our community as well as Grey Oaks based on the fact that our setbacks and buffers are much deeper. The Bateman product is very attractive. And based on everything else that we discussed here today, I hope that you will approve this petition. CHAIRPERSON BERRY: Thank you. COHMISSIONER HANCOCK: Is there a requirement for the sales staff to live there? MR. FERNANDEZ: Glenn Morton and then Terry McGee. MR. MORTON: I'm Glenn Morton. I live in Kensington. In fact, I'm the first person to ever live in Kensington. I still live in Kensington and I'll continue to live in Kensington. I've seen a lot of things come and go and everything I've seen has been very helpful and very beautiful. I also might add, I live on a corner lot. I have traffic this way and this way. It's never been a bother. So, I'm asking you to approve this because it can only be for the best. Thank you. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Terry McGee and then Jo Ann Hirsch. MR. MCGEE: My name is Terry McGee. I've been a member at Kensington since 1995. I hope to be a resident there some day, but what I can attest to is if -- I know you don't all have the opportunity, but if you get a chance to drive through Kensington, one thing that always impressed me were the berms that they built to try to protect the neighbors to whichever; north, south, east or west, and their intention is nothing but to improve the neighborhood, so I hope you vote for it. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Jo Ann Hirsch and then Robert Greenspahn. UNIDENTIFIED SPEAKER: Jo Ann Hirsch left. MR. FERNANDEZ: Okay. Robert Greenspahn and then Carl Steinhouse. CHAIRPERSON BERRY: Mr. Greenspahn is making his way to the podium. MR. GREENSPAHN: Yes. Old and slow. Good morning, everybody. CHAIRPERSON BERRY: Good morning. MR. GREENSPAHN: We first purchased in Kensington in 1994. COHMISSIONER HANCOCK: I'm sorry, sir. Can we get your name for the record for the court reporter? MR. GREENSPAHN: Oh, Bob Greenspahn. And I'm sorry. We first purchased in 1994 at -- in Kensington. Our first house was a two-story. We're now building our second one, which is a one-story, and I can't tell you honestly whether it's one foot taller or one foot shorter than the two-story. My wife is a chemist. She can spend money. As far as density, I think that's very important. You spread it apart, you have less units. Some of the units are smaller than private homes. That means less guests. That means -- at least to me, it does. I mean you don't have the bedrooms. I know my wife's family is going to come down. I'm going to have more cars there than they're going to have at the Ford line. CHAIRPERSON BERRY: This is kind of a personal thing. COMMISSIONER MAC'KIE: I'll say. MR. GREENSPAHN: Oh, yeah. This is history, trust me. COMMISSIONER MAC'KIE: More of the American way. MR. GREENSPAHN: The one thing that I don't think that was brought up -- at least I didn't hear it, I may have missed it -- is the noise level. With that road being farther back and the homes being further back, the noise can't travel as far. I just don't see much of a problem. I -- it's -- I -- I think something has been built up out of misunderstanding. Maybe we haven't gotten together with the right people and maybe the -- the right answers haven't been -- questions haven't been asked and the right answers haven't been given. And I think if there was a little more communication, probably everything would be fine. Thank you very much. I don't have anything else except for one thing. The gentleman from Grey Oaks, he says his wife finds him wrong every once in awhile. I'm 95 percent wrong. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: The last speaker we have, Madam Chairman, is Carl Steinhouse. MR. STEINHOUSE: I'm Carl Steinhouse. I'm a resident of Kensington, a new resident. I moved in about a month ago into my house, but I formally lived in Kensington in the condo, so I've been around for about two and a half years in Kensington. And it's very important to me and, I think, to the people that live in Kensington that the developer has viability and it's important that he's able to sell his homes. Now, I consider the existing PUD master plan an abomination in terms of trying to sell homes, a whole bunch of small homes abutting onto the -- immediately onto the back of Grey Oaks. And this plan is a tremendous improvement for everybody, for everybody. Fallow land won't help anybody except possibly the Grey Oaks developers who compete with Kensington in the sale of homes in the area. Now, as a former prosecutor for the Justice Department's Antitrust Division, I always take with a large grain of salt when a competitor comes in and attempts to throw a monkey wrench into the improvements of another competitor. And that's what I view this as, and I'm not talking about the residents of Grey Oaks. They have legitimate concerns, but I'm talking about the developers of Grey Oaks coming in and objecting to what is obviously an improvement for everybody here including Grey Oaks. So, I would urge you very strongly to approve this amendment to the PUD. Thank you. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: Madam Chair, there are two speakers that signed up too late to speak. CHAIRPERSON BERRY: Okay. MR. HARKINS: Madam Commissioner, could I please request this? I'm the first original resident of Grey Oaks. CHAIRPERSON BERRY: Excuse me. I believe that when we started this meeting this morning, I announced and -- and we have it printed on our agenda, that if you wish to speak to an item, you have to register prior to that item being heard. In other words, you don't come up while the item is being heard and kind of think of something that you'd like to rebut. If -- when you come down here, you come down here with the intention that you wish to speak to an item or you want to listen to the proceedings or what have you, but we need to know ahead of time what we have in terms of how many people are going to speak and so forth. So -- MR. HARKINS: I would have been happy to -- CHAIRPERSON BERRY: Excuse me, sir. If you want to address me, you need to come up to the podium. State your name for the record. MR. HARKINS: Yes, ma'am. My name is John Harkins. I live in Grey Oaks and -- CHAIRPERSON BERRY: I'm not going -- MR. HARKINS: -- unfortunately -- CHAIRPERSON BERRY: I haven't decided -- I'm not going to give you permission to speak, Mr. Harkins. MR. HARKINS: No, ma'am. I'm not going to speak to -- to anything. CHAIRPERSON BERRY: Okay. MR. HARKINS: I would have -- I would have liked to have talked, too. CHAIRPERSON BERRY: Okay. MR. HARKINS: I just want to say that I was not aware of your particular policy and I didn't -- I didn't find any place to register when I first showed up here, so I don't know where I would have gone to have done that, whether that was the second floor or out in one of the offices here. I -- I just don't know. COMMISSIONER CONSTANTINE: Did you inquire of anyone? MR. HARKINS: Yeah. I -- I came here to speak. CHAIRPERSON BERRY: Well, I -- I regret that. MR. HARKINS: And I'm sorry I wasn't in the -- in the room at the time you gave your initial thing. I would hope that you would please make a small exception. I do have one or two questions that I -- I'd love to ask and, perhaps, you know, if it wasn't an inconvenience to you, you might just make this -- CHAIRPERSON BERRY: I appreciate that but we did take a break and I'm sure you were here at the time we took a break. I was accessible. I was speaking to reporters. I was also up here at the board table. I was accessible. If you had a question, you're certainly welcome to address me. I'm -- I'm here. I'm very willing to talk to the public. I'm sorry for this inconvenience. MR. HARKINS: I don't mind sitting down and I understand that you do make your rules, but I would hope that you would at least look at the issue of noise pollution and the fact that they've moved the road CHAIRPERSON BERRY: They have. Thank you. MR. HARKINS: -- you know, 85 feet closer to Grey Oaks. COMMISSIONER MAC'KIE: And how about we could improve the -- the signage out there, Mr. Fernandez, about, you know, register to speak here, big red letters on a big white sign, because, you know, we're so used it. We know and apparently -- CHAIRPERSON BERRY: We could do that but I've also made it a point, commissioner, to -- COHMISSIONER HAC'KIE: You have, excellently. CHAIRPERSON BERRY: -- to announce this at meetings because it has been a change and we will continue to do this at the beginning of every meeting and, as well, the agenda, which I believe the agendas are placed out there on the table. Correct me if I'm wrong, but I believe the very first paragraph on the agenda states that very -- MR. FERNANDEZ: Yes, it does. CHAIRPERSON BERRY: -- situation, so -- COHMISSIONER HAC'KIE: But that would be one additional -- CHAIRPERSON BERRY: Right. I understand. We can certainly put some signage out there that will aid the public and I'm -- I am in favor of that. That's a good suggestion, commissioner. At this point in time, there are no further speakers. Do any of the commissioners have any further questions of the petitioner or anyone else; staff? Commissioner Mac'Kie? COHMISSIONER HAC'KIE: I see Mr. Hancock does, too. A petitioner question and, actually, this is -- I don't know who the representative from the in-house developer is. I'd rather ask them than their attorney, but I'll tell you what the question is. The question is, did you make a specific commitment? Did you -- is there an integrity issue here? Did you guys make a commitment? Did you make a promise that now you're breaking? That's important to me. UNIDENTIFIED SPEAKER: Yes. COHMISSIONER HAC'KIE: I don't know who to ask that question. MR. GOODLETTE: Commissioner Hac'Kie, my name is Dudley Goodlette, for the record. And I'm the trustee, having succeeded Mr. Brugger as trustee some 14 months ago. And I can assure you on this record that we have not made any commitments that we're not standing before you today reconfirming. To the extent that there are conceptual master plans that were out there in 1992 or 1993 when this was first approved by this board, which is not binding, which is a civil issue to the extent that there are those kinds of issues outstanding, yes, there are master plans with -- that are conflicting. But -- but what we're showing you here as an existing PUD master plan is what we discussed, but we didn't have this drawing when we appeared before your Planning Commission some three weeks ago. COHMISSIONER HAC'KIE: My -- my question -- MR. GOODLETTE: We specifically discussed 46 lots along the southerly boundary of this property. I made that presentation. That has not changed. I have spoken personally -- COHMISSIONER HAC'KIE: My question is a little different. MR. GOODLETTE: I'm sorry. I've spoken personally with representatives of the Grey Oaks Association and there's nothing that we're telling you here this morning that is inconsistent with any representations that we have made to the Grey Oaks people. One of the members of the Grey Oaks community stood before you and indicated that they met with us before we even submitted this petition, PUD amendment, which we did, and we discussed these issues in some detail. We understood that we needed to proceed in good faith with our neighbors and we have done that, and I can assure you on this record that since we have been involved in this project beginning in November of 1996, we have consistently communicated. One of the reasons that we're here now is because of a need for the changes that are reflected in this PUD amendment that's before you that we think are an integral part of the success of this project. COMMISSIONER MAC'KIE: Mr. Goodlette, thank you, because you know that I have the highest respect for you. I would never question your integrity, and that was not my question. My question was, can somebody who's been there the whole time, because I know that you're new and Brugger was not -- you know, you can't tell me whether or not Mr. Brugger made a promise. My question is, did Mr. Brugger, as your predecessor, make a promise that is now being broken and not you personally because I don't have any question about that. MR. COLEMAN: Again, for the record, Kevin Coleman. Commissioner Mac'Kie, I'm going to have John Asher speak to you in two seconds because he was at that 1992 hearing. COMMISSIONER MAC'KIE: Okay. That's important. MR. COLEMAN: I will -- I will let you know that that condition that Miss Cawley referenced to you was not in the staff report, it was not a condition imposed by the CCPC. It was one of those heat of the battle commitments. And from a legal standpoint, and your County Attorney can verify this or give you his opinion, to me that carries no greater weight than a condition that was negotiated with staff, decided by the Planning Commission and that we also agreed to. So, having said that, let Mr. Asher discuss with you the circumstances surrounding that commitment. MR. ASHER: For the record, my name is John Asher. I was employed with another engineering firm that represented Kensington at the time in 1992, and we came to the meeting not knowing of -- of any concerns or issues with anyone. At the time, Mark Morton from the Grey Oaks development showed up. Mr. Brugger asked him what he was here for or what he -- what the concerns were. He said he's strictly here to observe and his only question was what was going out at the south property line. COMMISSIONER MAC'KIE: Was that an off-the-record conversation or on the record? MR. ASHER: That was an off the record. Just prior to the -- COMMISSIONER MAC'KIE: I want to know. MR. ASHER: -- to the hearing. And Mr. Brugger came back and spoke with the project team and said Mr. Morton was concerned with that, and he said, I think we can commit to the single family. And as the consultants, we were kind of dismayed. There's no reason to. There's no compatibility issues. There's nothing really that would require that. And then the issue got brought up in the meeting and it was that. But there was no long, drawn out discussions of this prior to that meeting as, I think, at the Planning Commission someone was on the record as saying that they talked about it for months. That just didn't happen. COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, can I piggyback on that? COMMISSIONER MAC'KIE: Sure. COMMISSIONER CONSTANTINE: Did Mr. Brugger waive his right to ever apply for a change to the PUD? MR. ASHER: No. COHHISSIONER CONSTANTINE: Thank you. COHHISSIONER HAC'KIE: No. My -- my question isn't about whether or not it's legal because I've got no question about whether or not this is a legal application. You know, if they have a contract between the two parties, they can go fight that out and I'm -- I'm looking more for a gut integrity question than a legal question. And -- and what I'm trying to understand is if this was a deal made, a verbal deal made at the time, and it sounds like it was. It sounds like that was a condition of Grey Oaks not objecting to the petition in 1992 and you shook on it and that's what I'm asking. COHMISSIONER HANCOCK: And that's different from Grey Oaks' commitment of 50-foot height at Golden Gate Parkway how? Now, wasn't that a commitment to the community? COHMISSIONER HAC'KIE: Actually, it -- I can make a distinction, you know, and I'm struggling with this. I'm absolutely struggling with this. COHMISSIONER NORRIS: Maybe I can help you. COHMISSIONER HAC'KIE: Well, go ahead. COHMISSIONER NORRIS: Maybe I can help you. COMMISSIONER MAC'KIE: Okay. COMMISSIONER NORRIS: I might caution you against using that piece of information in your decision-making process because our job as county commissioners -- COMMISSIONER MAC'KIE: I know. COMMISSIONER NORRIS: -- is simply to look at this PUD master plan as it exists today, gather the information relative to the amendment, listen to the public speakers on both sides of the issue and make our determination on that. If you interject something that -- that is a private matter between two parties and could possibly be a civil matter at some point in time, assuming that one party would be sufficiently aggrieved, I think that that is probably going outside of our official duties as county commissioners. CHAIRPERSON BERRY: Commissioner Hancock. COMMISSIONER HANCOCK: There are -- is Mr. Armalavage here? MR. ASHER: Yes. CHAIRPERSON BERRY: Okay. Could I -- I need to ask you a question, if I may. Some of the comments we heard from Grey Oaks residents, and when you buy in a development that's not built out, there's always fear of the unknown, fear of the unknown both within your development and what's across the fence. You performed, according to our package, a review of the proposed plan and made several statements that I think are important. In an absent contrary comment from the Grey Oaks community on a professional level, I need to clarify this. You stated that the proposed PUD amendment and proposed buffer modification at the south end of Kensington will not create a diminution of value to the Kensington community and will not create diminution of value to Grey Oaks or World Tennis Center. How did you arrive at that assessment? MR. ARMALAVAGE: For the record, Rick Armalavage, local real estate appraiser with Armalavage and Associates. Merely by just studying this situation versus like kind situations throughout the county or other areas, other areas of Southwest Florida, any time you get into a location that borders another community or a separate use or a property line, you have these situations that exist and you either have buffers or berms or in some cases nothing. But if it's handled correctly and with the right types of berms and when you -- or buffering, and when you go in in advance knowing what that location is all about, in the case of Grey Oaks with the homesites already being there, you have an existing condition that's already there. You have a berm that's already there. So, in my viewpoint and -- and based on everything I could study and find, there's no evidence of diminution of value now or in the future. COMMISSIONER HANCOCK: Is -- is it your intent to be recognized as an expert -- MR. ARMALAVAGE: Yes, sir. COMMISSIONER HANCOCK: -- in this matter? I think we -- we're going to -- COMMISSIONER NORRIS: So moved. COMMISSIONER CONSTANTINE: Second. CHAIRPERSON BERRY: All in favor? COMMISSIONER HANCOCK: Okay. That's all I had for Mr. Armalavage. MR. ARMALAVAGE: Any other questions? CHAIRPERSON BERRY: Could we continue on on the next page of this particular statement that is -- has a bullet and is highlighted? It says the existing Kensington PUD allows residential housing along the south side bordering Grey Oaks which creates significantly greater visual impact on the adjoining community than the proposed Kensington PUD plan. The proposed plan will have minimal, if any, visual impact on the surrounding properties. MR. ARMALAVAGE: That's correct. CHAIRPERSON BERRY: That's based on the buffer and -- MR. ARMALAVAGE: And my study of the plans and -- and again based on like kind situations. And it's my professional opinion that this proposed plan will have very little impact on the adjoining Grey Oaks properties. And, in fact, I think the single family along that south border would indeed have much greater impact. I think in the spirit of what was trying to be achieved here, I think the spirit of that and the consistency and the compatibility is much, much greater actually. CHAIRPERSON BERRY: The last statement you have here is the existing berm located along the north side of Grey Oaks, and this is the one we've been talking about, and the south side of Kensington is one of the largest berm areas separating residential communities in this area. And what again is the size of this berm? Do you remember? MR. ARMALAVAGE: The berm width is approximately 40 feet to 50 feet and the -- the height of that berm is in the range of 20 to 25 feet. CHAIRPERSON BERRY: And with plantings on top? MR. ARMALAVAGE: Plantings on top of that would probably be close to 35 or 40 feet. COMMISSIONER MAC'KIE: I have a question, if I may. CHAIRPERSON BERRY: Commissioner. COMMISSIONER MAC'KIE: It's just about something you just said, that it was your professional opinion that the exist -- the existing PUD plan with the single family, that those proposed or potential single family homes would have more of a negative effect, more negative impact on the property values of Grey Oaks than the proposed plan. MR. ARHALAVAGE: That's correct. COHMISSIONER HAC'KIE: Why is that? MR. ARHALAVAGE: Just by mere proximity. I -- I think the likelihood of having mass or more intensity of use is -- is much greater and it gets down to a marketability issue. The only way to sell those units there is by masking them closer together -- COHMISSIONER HAC'KIE: And selling them cheap. MR. ARHALAVAGE: -- and at a lower price, and most likely you're going to end up with a fair amount of two-story units and although in the community, you'd only end up with maybe 25 or 30 percent two stories, they tend to go in the cheaper products in the inferior locations and I would bet you, it would be closer to 50 or 60 percent of a higher more intensity form of use. COHMISSIONER HANCOCK: Because of this area not necessarily having a view of a lake or golf course or a -- MR. ARHALAVAGE: It doesn't have a view. People will seek size, scale. They'll be looking for more square footage at a -- at a price point. CHAIRPERSON BERRY: Are there any further questions? Then I'll close the public hearing. Do I have a motion? COHMISSIONER HANCOCK: Madam Chairman, these PUD amendments are -- are sometimes difficult and particularly difficult when you have one community pitted against another -- CHAIRPERSON BERRY: Right. COHMISSIONER HANCOCK: -- as we have here today. For the sake of consistency, what has always been my concern in amending a PUD is what are the physical impacts realized as a result of the change? That's what planning comes down to. You can talk pie in the sky theory all you want. The bottom line is physical impacts; what you see, smell, touch, hear, feel from the proposed change. I find it difficult to support the idea that single family homes, some 30 percent of which will be two-story, within 15 or so feet of the property line, or pool cages within 15 feet of the property line, is a lesser impact than the same height of buildings one hundred feet away from that. That is very, very difficult physically to swallow. It just -- it defies logic. That's not to say they're going to do what is in this plan. They could change that tomorrow. That could be changed to all two-story, that could be changed to all one-story. We don't know. But what we do know is the product in there that's been selling is very similar to this. It's been selling on a perimeter property line just as this is being composed. So, it's logical that it could be a product that would sell here. Based on that, based on -- I do have -- I do want to attach a stipulation that street level lighting be no higher than 20 feet above grade. That would keep it below the height of the berm. The lighting on the exterior of the buildings be no higher than the eave, the underside of the eave, of any of the structures. And that with those two elements and the information submitted to us regarding the additional buffering plan, I think they've met the compatibility argument very well and I'll move the -- I'll move the item with those stipulations in addition to staff requirements. COHMISSIONER NORRIS: Second. COHMISSIONER HAC'KIE: I have a question. CHAIRPERSON BERRY: We have a motion and a second and there's a question. COHMISSIONER HAC'KIE: My -- my question has to do with -- the Grey Oaks amendment as a good analogy where they wanted to add 15 feet of height and we made them reduce 100,000 square feet of commercial in order to do that. CHAIRPERSON BERRY: I don't think we made them do that. COHMISSIONER HAC'KIE: Well '- CHAIRPERSON BERRY: I believe that was an offer that was made. COHMISSIONER HAC'KIE: It was an offer that they oh so willingly made when they were counting their votes and figured they couldn't get them otherwise. COHMISSIONER CONSTANTINE: I think it was in transportation before they ever got here, but -- COHMISSIONER HAC'KIE: Okay. Well, my question is, I think I agree that this is a wash. That's probably a wash as far as impacts on the neighboring development, Grey Oaks. I'm having trouble and I hope that someone can identify for me what the -- where is the million square feet of commercial space and 90,000 residential area? COHMISSIONER HANCOCK: I think it's 100,000. COHMISSIONER HAC'KIE: I'm sorry. A hundred thousand. COHMISSIONER HANCOCK: Well, actually -- COHMISSIONER HAC'KIE: A million. Sorry. A few extra zeros. COHMISSIONER HANCOCK: We talked about that earlier and assuming a square footage of 2,000, 2500 square feet of house, you're reducing 60 or 75,000 square feet of residential. COHMISSIONER HAC'KIE: But that's hard to compare. COHMISSIONER HANCOCK: But more importantly, we have to remember that residential units are indeed -- generators attract. A single family home generates ten trips a day average. COHMISSIONER HAC'KIE: Right. COHMISSIONER HANCOCK: A multifamily home generates a 7.4 or 7.5 trips a day average. The fact that they're going to more multifamily than single family actually reduce trips exiting Kensington. So, the reduction in density has a direct impact on reduction of traffic on the adjacent roadways. When you reduce commercial, you reduce the traffic in that localized area but you don't eliminate trips. If you have to go get a gallon of milk, you go get a gallon of milk. The question is where do you go to get it? But when you live in a house, you leave from it and you go back to it every day. So, there is a difference in impact to the roadways that this reduction of 30 units actually will have a true reduction on potential impacts to the roadways. The reduction of commercial square footage doesn't compare -- it doesn't compare apples and apples. That's -- that is an exterior benefit to the project and we have at every turn tried to reduce density in projects every chance we get because -- COHMISSIONER HAC'KIE: Right. COHMISSIONER HANCOCK: -- of the roadway constraint problems. So, it's difficult to turn a blind eye to that and say that's not a benefit to the general communities. COHMISSIONER HAC'KIE: I'm not if it's a fair trade. COHMISSIONER HANCOCK: I don't know either but my assumption and my assessment is yes. CHAIRPERSON BERRY: Commissioner Constantine. COHMISSIONER CONSTANTINE: It's true that any time we do anything that impacts neighborhoods that's always a tough issue and I think we've said in five years pretty near a hundred times, that our number one priority is to protect the integrity of existing neighborhoods. And I -- and some of the concerns may have been raised by the fact you were looking at a plan other than what is the existing PUD plan, and I have no idea who circulated whatever and whether that was Kensington or whether that was just an error or what happened. But I think when you look at the actual issues that the concerns were raised for, will it affect my sight, will it affect lighting, will it diminish my values and my home and -- and each one of those has been knocked off. So, I -- when we looked at it, I just wrote a checklist here of the change to PUD will reduce the heights, will reduce density, will actually reduce the line of sight from the Grey Oaks property, will increase the buffer, and according to the expert testimony, it will not impact it negatively, it may even positively impact the values of property. And, so, with all those things in mind, I don't think we can in good conscience not approve it. I'm not sure where -- we have -- we're required -- you have to understand it's not just on a whim. Somebody said the whim or nature of the board of commissioners and we -- we cannot just vote on our whim, we feel good one day or have a headache the next day. We're required to cast our ballot within certain parameters. Certain legal hurdles must be covered and I think here they clearly are. COMMISSIONER MAC'KIE: And I agree. I'm just going to say it one more time and then I'll stop, that there is a wash, that it's a net -- no net loss, but -- but I think, and I don't know if it's a legal criteria and for reviewing a PUD amendment or not but I know that the practice of my three years has been if we're making a change and people have relied on the previous deal, we've got to show a benefit to the public and I don't see that, adhere your traffic. (Applause.) COMMISSIONER NORRIS: Would you mind telling me what you -- what you mean when you say it's a wash or -- COMMISSIONER MAC'KIE: I think that -- COMMISSIONER NORRIS: -- you can swap. What are you swapping? COMMISSIONER MAC'KIE: That -- that in fact there's no -- that the visual impacts are not significant, that the -- that the fact of increasing multifamily, which is not as valuable a market to be abutting is reduce -- is balanced by the reduction in total number of units. You know, as you go through point by point and positives and negatives of the amendment, that they balance. But I don't see that and I can't think of one. COMMISSIONER HANCOCK: I understand -- I understand your point because we always try to draw that out in some way, but legally -- COMMISSIONER MAC'KIE: I know. COMMISSIONER HANCOCK: -- we can only extract, if you will, related impact, impact related changes, to a request before us. In other words, we can't say that the community has to benefit. As you said, if there's a wash, if there's no net impact to the community, then we can't really count that as a strike against them. If there is a reduction in the impact to the community, I just think certainly that stands in their favor, but it isn't reason enough alone to make the decision. So, there is -- as you mentioned earlier, the legal test we have to meet and that's always a fall back. That's really kind of chintzy. You know -- you know, the truth is, does it make sense or doesn't it? And in this case it depends on what side of the berm you're standing on here because it makes sense on the one side and not on the other and we've just got to try to use information presented today and make that determination for ourselves. CHAIRPERSON BERRY: You mentioned something -- maybe I didn't quite understand what you said, Commissioner Mac'Kie -- in terms of the public on this particular issue. Well, the very fact that we're reducing density in this particular development, is that not a plus in terms of our community in Collier County? Isn't this -- hasn't this been a concern in Collier County when you talk about density? COMMISSIONER HANCOCK: It's not that you're not welcome. COMMISSIONER MAC'KIE: It certainly is a benefit and then -- CHAIRPERSON BERRY: I mean that's -- that's what I'm looking at here, too. I mean when you start talking about reducing units, I believe that that is a public benefit. COMMISSIONER MAC'KIE: If it were a bigger number, it would probably be what tips the scales. CHAIRPERSON BERRY: You know, how big is beneficial? COMMISSIONER MAC'KIE: I don't know. CHAIRPERSON BERRY: You know, I think we're entitled to what they currently have at X, Y, Z and then they come in and say we're going to take it down and reduce this. I think it's a benefit. There is no question. At any rate, we have a motion and a second and I'll call for the question unless there are further questions. No further questions? All those in favor? Opposed? COMMISSIONER MAC'KIE: Aye. CHAIRPERSON BERRY: Motion carries four-one. At this time it's lunchtime. We'll reconvene at 1:30. COMMISSIONER NORRIS: Before -- before we go, Mr. Weigel, there was some mention made of perhaps inappropriate behavior by a member of our Planning Commission. Could you supply me and -- and perhaps the rest of the members of the board with those minutes so that we can -- CHAIRPERSON BERRY: Yes, please. COMMISSIONER CONSTANTINE: I'd like a -- if we can get an audio tape as well. MR. WEIGEL: I think those are available. MR. FERNANDEZ: Will do. (A Recess was taken.) Item #12C1 RESOLUTION 98-25, REGARDING PETITION SNR-97-13, JACQUELINE R. CONRECODE REQUESTING A STREET NAME CHANGE FROM CARROTWOOD ROAD TO PALMETTO WOODS DRIVE LOCATED IN GOLDEN GATE ESTATES - ADOPTED CHAIRPERSON BERRY: We'll reconvene the meeting of January 27th, and our first petition this afternoon, SNR-97-13 concerning a street name change. MR. REISCHL: Good afternoon, commissioners. Fred Reischl, planning services. COMMISSIONER CONSTANTINE: Mr. Reischl, I'm terribly sorry to interpret, but let me cut to the chase here. They changed the names from street numbers, they didn't like the name they had, they looked for a new name; is that right? MR. REISCHL: Basically, yes, sir. COHMISSIONER CONSTANTINE: That the majority of the people there want it. Have the mappets -- we're not creating the mapper windfall act of 1998, are we? MR. REISCHL: No. COHMISSIONER CONSTANTINE: I don't know if there's public speakers, but I'll suggest that we approve the item -- COHMISSIONER HAC'KIE: And I'll second it. COHMISSIONER CONSTANTINE: -- when we close the public hearing. CHAIRPERSON BERRY: Yes. We haven't done that yet. Are there any questions regarding this? All right. I will now -- COHMISSIONER HANCOCK: Give our speakers opportunity. CHAIRPERSON BERRY: Do we have any speakers? MR. HCNEES: You have the petitioner registered to speak, Jacqueline Conrecode. CHAIRPERSON BERRY: Okay. Then we will -- COHMISSIONER HANCOCK: Probably fair to assume she's in support since she's the petitioner, so -- okay, she's waived -- COHMISSIONER CONSTANTINE: Sat here through that morning one and -- COHMISSIONER HAC'KIE: After that, God bless you. CHAIRPERSON BERRY: I will close the public hearing. COHMISSIONER CONSTANTINE: Madam Chairman, motion to approve the item. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second. Any questions or comments? If not, all in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five, zero. Item #12C2 PETITION SNR-97-11, WILLIAM L. HOOVER OF HOOVER PLANNING SHOPPE REPRESENTING FRANK COOPER OF NORTHBROOKE DEVELOPMENT LIMITED REQUESTING A STREET NAME CHANGE FOR THE NORTHERN PORTION OF NORTHBROOKE DRIVE AND OAKES BOULEVARD EXTENSION IN ITS ENIRETY TO CYPRESS WOODS BOULEVARD LOCATED IN HUNTINGTON SUBDIVISION - TABLED FOR FOUR WEEKS Next petition, I'll open this public hearing, Petition SNR-97-11, Northbrooke Development, Limited requesting a street name change. Good afternoon. MR. GOCHENAUR: Good afternoon, commissioners. For the record, Ross Gochenaur, planning services. The petitioner is requesting a street name change for the northern portion of Northbrooke Boulevard and Oaks Boulevard Extension in its entirety to Cypress Woods Boulevard. The petitioner has fulfilled all the requirements for submittal. We have received no phone calls or letters objecting to this proposal. The reason for the petition is, it extends from the county's blocking of Northbrooke Drive and dividing it into two segments. The petitioner feels that renaming it as an entire road as depicted on his map, which you can see on page eight, would more clearly define the traffic patterns. Staff recommends approval. COHMISSIONER CONSTANTINE: And an amazing coincidence, the community's going to be called Cypress Woods? MR. GOCHENAUR: Sir, I just address the question of the street name. COHMISSIONER CONSTANTINE: That's okay. Don't worry about it. CHAIRPERSON BERRY: This happens to -- it starts on the north side of Immokalee Road and swings around in front of Huntington Lakes; is that correct? MR. GOCHENAUR: Yes, ma'am. CHAIRPERSON BERRY: Okay. COHMISSIONER HANCOCK: I guess my only concern is that when streets normally line up the way this one and Oaks do, I do have an emergency response question about that. The continuation on Oaks, and when you cross the street, it's still Oaks, I personally hate crossing a street and the name changing -- COHMISSIONER HAC'KIE: Pine Ridge to Seagate. Drives me nuts. COHMISSIONER HANCOCK: Exactly. It doesn't make a lot of sense tO me, So I '- COMMISSIONER CONSTANTINE: This will remain a public road? COMMISSIONER HANCOCK: I assume this will remain a public road. COMMISSIONER MAC'KIE: Sir, public road? MR. GOCHENAUR: Yes, ma'am. COMMISSIONER MAC'KIE: Thank you. COMMISSIONER HANCOCK: Otherwise, there's some impact fee credits due, so since it's a public road and since it meets Oaks Boulevard, I just don't see the benefit in naming it for the adjacent development. COMMISSIONER CONSTANTINE: Maybe we can hear from the petitioner. CHAIRPERSON BERRY: We'll hear from the petitioner. Is there anything else you wanted to -- MR. GOCHENAUR: No, ma'am. CHAIRPERSON BERRY: Nothing? Mr. Hoover? MR. HOOVER: I didn't get swore in on this. CHAIRPERSON BERRY: My indication was -- COHHISSIONER HANCOCK: I don't know that it requires -- COHMISSIONER HAC'KIE: Nah. CHAIRPERSON BERRY: No, it requires four votes, but it doesn't -- MR. HOOVER: Do I need to be sworn in? CHAIRPERSON BERRY: No, you don't need to be sworn in. MR. HOOVER: Okay. Fine. I don't know if I have a good answer for Mr. Hancock's concern there and there's nothing in any planning course I've ever taken that's probably addressed that. The -- I think one of the things we're trying to do, the way it is right now, I think it's more confusing than what we're proposing, and the Northbrooke, the fact that to go on Northbrooke, you can make a left turn, but that's going to only get you into the commercial portion, so to get to Northbrooke Drive, if you're a new resident or you're visiting somebody there, you'd be going down Immokalee Road, you'd be going west -- you'd be taking a left on Oaks Boulevard, and then that's going to -- the way it is right now, once you got to the southwest corner of Huntington Lakes, the road -- the name changes back to Northbrooke Drive, so I -- I agree with Commissioner Hancock's point, but I think what we have here is not an ideal situation anyway and I think what we're doing would make a significant improvement. CHAIRPERSON BERRY: There's no break in Immokalee Road that you can -- if you're going east on Immokalee Road, you can't turn left into Northbrooke Drive right now? MR. HOOVER: Yes, it's blocked off though, so you've got a -- what they're doing -- CHAIRPERSON BERRY: In other words, you do have -- I drive this every day and I guess I've never paid any attention to it, but -- MR. HOOVER: I've got a handout that sort of shows that. COHMISSIONER HAC'KIE: Well, that's in our packet, but it didn't really help. COHMISSIONER HANCOCK: The problem is, the way I see it, we have a silly situation right now. We have Oaks Boulevard going into Oaks Boulevard Extension going into Northbrooke Drive. CHAIRPERSON BERRY: Right. COHMISSIONER HANCOCK: And Northbrooke Drive has a split at Oaks Boulevard Extension North and South, so it's just kind of a -- a bad intersection, a bad design now. I understand the reason for connecting them, but if we're going to connect them, let's connect them in a way that they function properly, and the fact that Northbrooke continues down to Immokalee Road, I just -- I think the whole thing's bad. We really need to step back from a traffic engineering standpoint and determine how this can best work before we go changing street names and whatnot, and Mr. Kant, you're the guru on that, so -- COHMISSIONER HAC'KIE: Well, before he -- before -- I need to know something before. Just there's a trustee owner here and I don't find the trust beneficiaries, so I don't know if there's a conflict question. I don't think that I have one, but -- COHMISSIONER CONSTANTINE: Do we have that list? COHMISSIONER HAC'KIE: There's two owners and one of them is a trustee and there's no disclosure of the beneficiary, I mean nobody wants to talk about it if none of us know if your mother happens to be an owner. COHMISSIONER HANCOCK: I'm confident on that one, but there may be other questions. COHMISSIONER CONSTANTINE: Bill, do you know who the owners of this property are other than just the trustee? COHHISSIONER HAC'KIE: We've got Mr. Hardy owning one piece, Robert Hardy owns A, Exhibit A, and then Exhibit B says it's owned by Richard Bennett, Trustee, and he owns a lot of land all over the county as trustee. I just don't know for whom in this case. MR. COOPER: I'll answer the question. Frank Cooper, for the record. The question is -- if you would please give me the question exactly what you want. COHMISSIONER HAC'KIE: Who does -- who owns Exhibit B property, Richard Bennett, Trustee, do you know who the beneficiaries are, although Mr. Cautero is saying to me it doesn't matter. Maybe I'm barking up the wrong tree. Seems to me if it's going to benefit somebody, I need to know if it's going to benefit a client. MR. HULHERE: I think that you're absolutely entitled to an answer to this question. I think we didn't consider that relevant information to a street name change. It's not exactly a land use petition where someone benefits from that action. COHMISSIONER HANCOCK: Yeah, I think there's some question about would the property owners accrue a benefit, you know, perceived, but not physically there. MR. COOPER: I'll be happy to -- I'm just confused which parcel you're discussing. COHMISSIONER HAC'KIE: Exhibit B is Land Trust 5405. MR. COOPER: I don't have an Exhibit B. COHMISSIONER HAC'KIE: I don't know which one's which. Land Trust 5405, Richard K. Bennett, Trustee. I'm sorry to cause so much trouble, but -- MR. COOPER: At the time that this application was submitted, if you would look at your map, this particular map -- COHMISSIONER HANCOCK: It's page eight. MR. COOPER: -- the entire property from Immokalee Road to Quail West on the west side of Northbrooke Drive and the property line abutting Huntington Lakes and Quail Creek, since Northbrooke does diverse from the property line, was owned by Richard K. Bennett, Trustee for a land trust. COHMISSIONER HAC'KIE: And what I'm -- MR. COOPER: The property was under contract to Northbrooke Development, a limited partnership. Since the time that this had been submitted to the county, the property, consisting of Cypress Woods Golf and Country Club, has been sold to Huntington -- excuse me, sold to Northbrooke Development, Limited. The property on your map here which says Northbrooke PUD which abuts Immokalee Road and Northbrooke Drive, is still owned by Richard K. Bennett, Trustee of Land Trust 5401. The property for the golf course itself and the related development is now owned by Northbrooke Development, Limited. COHMISSIONER HAC'KIE: And we usually know who the shareholders and officers -- I don't -- MR. COOPER: Northbrooke Development is a Florida limited partnership and has two limited partners -- three limited partners at this time and one sole general partner. The limited partners consist of Land Trust 5401, Richard K. Bennett, Trustee. At this time, we also have two limited partners that are jointly together. Earl St. John and Robert Hardy are now limited partners. They were not limited partners at the time I was in the commission six months ago. The general partner is a Florida corporation, Bonita Grand Hotel Corp., which has three shareholders; myself, Frank Cooper; Dennis Brichette (phonetic) and Robert Hardy. Dennis Brichette and Frank Cooper are the active parties doing the development paperwork or process -- I shouldn't say process, building the project. COMMISSIONER CONSTANTINE: We still get back to the question then of Land Trust 540 -- 90120, whatever it was that you said there. We need who know who those people are and -- MR. COOPER: That list has been previously provided to this board and to the county planning department. I'm sorry I don't have a handout for that, but it is part of your public record. COMMISSIONER MAC'KIE: But if I could vote, Mr. Cautero -- or Mr. Weigel, if I could vote on the -- when this PUD came in, that 5405 was the land trust and the beneficiaries were disclosed and I determined that I didn't have a conflict at that point, is that safe enough to rely on at this point? MR. WEIGEL: That's correct. If your determination, based upon the knowledge that you had at that time with the same elements today has not changed, then your decision should be the same. COMMISSIONER MAC'KIE: And you're representing that those are the same that they were at the time? MR. COOPER: At that time -- no, they are different because there has been a closing on the property. At that time in June or whatever it was, the information given you was correct. Since that time, we have closed on the property and it is no longer owned by Richard K. Bennett, and at that time, Mr. Hardy was not a limited partner of the partnership. He is at this time. However, I do know the article in the paper, there is not sufficient ownership and there is no control -- Mr. Hardy has no control of the partnership, nor is there sufficient ownership by him to represent that there would be any kind of DRI requirements. COMMISSIONER MAC'KIE: I know the Regional Planning Council, I'm not on it, but they're the guys who watch out for DRI's and aggregation rules. MR. COOPER: They approved the project in June. COMMISSIONER CONSTANTINE: That's not the issue. I think the only question is that the board members who do business outside of the Board of Commissioners want to make sure we don't have a conflict. Has the make-up of that trust, the people in there, changed in that time period, and if we don't know, then we can't deal with this issue today. MR. COOPER: To my knowledge, I am not the trustee, but to my knowledge, the beneficiaries of that trust have not changed. COMMISSIONER HANCOCK: I'd like to get back to the transportation question, if we're done with that. MR. COOPER: I'd be happy to address that too. COMMISSIONER HANCOCK: Well, let me ask Mr. Kant first, because this was never a perfect intersection in the first place. It was kind of, you know, it was gerrymandered a little bit. Mr. Kant, before we go changing road names, is there something we should be doing in kind of correcting, if possible, the alignment and scenario that we have here? MR. KANT: For the record, Edward Kant, transportation services department. Did I understand correctly this is not necessarily sworn testimony, because I have not been sworn? CHAIRPERSON BERRY: That's right. MR. KANT: Thank you. COMMISSIONER CONSTANTINE: Does that change what the testimony is? MR. KANT: No, I was gonna go through the motions there and -- COMMISSIONER MAC'KIE: Rather Clintonesque. Sorry. MR. KANT: Sorry, lost my head for a second there. Let me, if I may, just give you a very brief history of how this road came to be and -- and I know what -- I think I know what some of your heartburn is over the geometry there. Northbrooke Drive was originally built from Immokalee Road -- if you have -- I believe everybody has this exhibit or something very close to it. If you look at its intersection with Immokalee Road, originally when Northbrooke Drive was built and platted, the Northbrooke Drive right-of-way and the road itself went directly from Immokalee Road on up through the curves and twists up to the county line. About a year and a half after that was built -- and that was going to be the -- the main access through there, was at the intersection with Immokalee Road, and that's that median opening that I believe Commissioner Berry was addressing a little earlier. About a year and a half after that, the Oaks Boulevard Extension, so called, that S shaped portion was built by the developers of the Huntington project. At that point in time, and anticipating that, when the platting of the original Northbrooke Drive took place, staff had required that a note be placed on the plat that that southern several hundred feet, and unfortunately, I don't have the numbers in front of me, but that that would then be realigned, and this drawing is -- is not exactly correct, it's a little bit nicer, smoother curve, be realigned so that the -- that southern portion really served nothing more -- no more function than a driveway and that it would be limited to right in, right out on Immokalee Road when Immokalee -- the earlier of two occurrences; when Immokalee Road was four-laned and there was a median barrier, or at such time as traffic conditions, either through the FDOT or the county, dictated because of safety and operational conditions that that be somehow closed off. So the -- the -- at the time that Oaks Boulevard was open, we put a traffic signal up there at the intersection of Oaks and Immokalee Road. All right. That's where we are today. From a transportation perspective, we look at that southern X hundred feet of Northbrooke Drive, for lack of a better description, as merely being local access to that southern Northbrooke PUD parcel. As a matter of fact, that is in for review and they are using that as their access, and in addition to which, they're also using the portion north of the S curve for access to the rear part of the property, which is fine, it works. Ultimately, the piece that's -- it shows as existing county barricades, ultimately that piece of pavement and everything will be removed, it will be cleaned up. The intent was that, not knowing what the development schedule was at the time that was put in, we thought things were a little more imminent than they were, and as a result, it's been sitting out there for a year and a half, but I suspect it will move a little more quickly now. COMMISSIONER HANCOCK: Okay. Do we have the ability to expend -- extend existing Northbrooke Drive all the way up to Bonita Beach Road? MR. KANT: We have, if my -- going by memory now, we have either 75 or 100 feet of right-of-way platted along the westerly line of Quail Creek -- between Quail Creek and -- I'm sorry, between Quail West and 1-75, and again, I'd have to look at the plat to tell you how much that is, so yeah, theoretically, we could move on up. I understand that there may be some environmental issues that would have to be resolved, the typical -- COMHISSIONER HANCOCK: And proximity to 75 is -- MR. KANT: Yeah, there's some issues there. COMMISSIONER HANCOCK: The reason I'm bringing that up is, for continuity sake with that option out there, it seems to make sense that as you drive north on Oaks, you should still be on Oaks when you cross Immokalee and you should still be on Oaks unless you make a turning movement onto another road, and I just -- it was originally named Northbrooke Drive because I think there was a proposed development called Northbrooke, and now we're being asked to change it to Cypress Woods because there's a proposed development called Cypress Woods, but I think it doesn't meet the logic test of the fact that you should still be on Oaks Boulevard for continuity. MR. KANT: I would agree with Commissioner Hancock that -- that my recollection of why it was named Northbrooke Drive was because the Northbrooke PUD preceded it. COMMISSIONER HANCOCK: Right, and I think that probably was a mistake. We probably should have named it Oaks at that time, but -- that's just my comment. I -- you know, it probably doesn't -- it's probably never going to go to Bonita Beach Road. It's going to be a single access road and it may not cause too much grief, but for response times, you know, for emergencies, the continuation of Oaks just makes a lot of sense. CHAIRPERSON BERRY: Commissioner Norris? COMMISSIONER NORRIS: Well, two comments. One of them is that we may have a right-of-way along Quail West, but that's not going to get us to Bonita Beach Road because the county line's a mile short of Bonita Beach Road at that point, and the second comment is that, actually, the way I'm reading this may be a little bit different from Commissioner Hancock, because if you come up north on Oaks Boulevard, cross Immokalee, you're still on Oaks Boulevard until you come to what is going to be the Northbrooke Plaza, and at that -- and at that time, you're going at a perpendicular angle, essentially, to what is now Northbrooke Drive, so I don't really see any conflict in changing the name at that point to whatever you want to change it to. COMMISSIONER HANCOCK: I disagree, because to me, it's not perpendicular. We have actually eliminated the perpendicular intersection, the 90 degree intersection, and contoured it so the majority of traffic will continue north and the south road acts solely as a driveway, so semantics, but I -- you know -- and the beat goes COMMISSIONER MAC'KIE: I have one question for staff, and that is, the -- you said that they've met all of the requirements of the ordinance for street name change. Is that basically just that 51 percent of the owners of adjacent property ask for it, and in this case we've got two, and maybe now one owner. Is that all you have to do? MR. GOCHENAUR: That's basically correct. There is no ordinance that governs the procedure. Those are only requirements for submittal. Staff actually has no criteria to judge the merit of the street name change itself. We simply review the submittal requirements. When they're met, we have no choice but to request -- COMMISSIONER CONSTANTINE: And just to clarify, by getting a majority of the signatures doesn't guarantee the name will change. It guarantees you get a public hearing. MR. GOCHENAUR: Yes, sir. COMMISSIONER HANCOCK: I've listed my concerns, maybe the petitioner can -- MR. COOPER: Yeah, I'd like to address -- one of your concerns was one of our concerns. If you recall, again, from transportation, and Ed can do this for you, is part of -- you might recall, part of our PUD is that we would not be using Northbrooke Drive for access for residents living in Cypress Woods. They would come from -- from Oaks Boulevard Extension and that stoplight and left turn lanes, right turn lanes. Second of all, if you -- we do not, Cypress Woods itself, does not have any property out on Immokalee Road, nor have signage on Immokalee Road at this point, nor is there, you know, unless somebody wants to give us something, but we don't own any property on Immokalee Road or within 50 feet or 100 feet of Immokalee Road. So if you're a resident, you're living in Cypress Woods, and two things, we can talk health and safety. You call up, I've got a problem. Where do you live? I live in Cypress Woods. Where's that? Well, you know, they've got to explain where it is. We felt, this way, you've got one -- because the road at Oaks Boulevard is really a very small piece compared to Northbrooke Drive, one name is correct. The question really is, is it Cypress Woods Boulevard or is it Oaks Boulevard Extension. We choose -- we thought in terms -- yes, I'm going to market my project. I'm not going to lead you wrong, you know, since we don't have exposure. I knew at that last meeting, you all really wanted to eliminate a lot of signs, which makes sense. It would probably make sense to try to use the street name, change it to the project, as the original Northbrooke Drive was intended, that original road also, so when you -- you can convey to somebody, where do you live? I live Cypress Woods. Where is that? Right -- first stop right after Immokalee Road, follow that road, you're in the project. You may not be in the project the first, you know, 600 -- or I guess first 900 feet. Thereafter, you're in the project for the next, you know, mile and three quarters, you're in the -- so it's very easy to find the project. It's going to be very easy for the health, the fire departments, police, wherever, in terms if somebody is confused and panicking and saying, where do you live, where is that, and trying to understand where it is, and because it doesn't necessarily line -- it lines up with Oaks at the stoplight, but Oaks is a continuous street, straight street. This thing's going to start going through the curves and the gyrations, so, you know, I agree for health and safety, it needs to be one word, one name, and that's -- obviously we looked at Huntington Lakes, we looked at this and we have more access points than they do. We have more residents than they do. Three owners actually support this, since at this point, there's three -- four owners since the property has traded hands. Richard K. Bennett also supported it as -- as the owner of the commercial parcel, still as to land trust, since we don't own that piece at this point. CHAIRPERSON BERRY: Have you heard from any of the residents in Huntington Lakes? MR. COOPER: No, ma'am. COHMISSIONER CONSTANTINE: Are they aware of it? MR. COOPER: I can't say. I will tell you, I did go see Huntington Lakes five months ago, four months ago prior to the petition being submitted to the county and met with them. They really didn't want to meet. They sent me over to one of their marketing people in Palm Beach. I spoke to him a couple times. He said, well, talk to our attorney. I talked to their attorney a -- I don't even remember their attorney's name here in town. He said, well, I don't know why they told you to call me, this is their decision, it doesn't matter to me. I called back and they just didn't really care -- I don't know -- I don't know what their opinion was. They did not respond. COHMISSIONER CONSTANTINE: How many residents are there in Huntington right now. MR. COOPER: I believe right now there may be -- balipark, I don't know, they have maybe ten or 15 buildings, 20 buildings built, maybe got 160 units or so. COHMISSIONER CONSTANTINE: What I'm wondering is, it sounded like you -- when you said I talked to the folks at Huntington -- MR. COOPER: I didn't talk to the individual people. COHMISSIONER CONSTANTINE: Hay I finish my question? You may be clairvoyant, I don't know. When you said you spoke to the folks at Huntington, it sounds like you spoke to corporate Huntington. I'm wondering if you spoke to any of the residents who actually lived there? MR. COOPER: No, sir, I did not speak to them. None of their streets -- they don't have addresses off Northbrooke Drive. They have interior streets, same as we have, and so, no, I did not speak to any of them. I don't know who they are, but I thought, you know, being Levitt as the corporate and the developer would be -- I can't tell you what their response -- that's the response they gave us because we went to them on the front end and said, here's what we want to do, and there really was no response. COHMISSIONER HANCOCK: This is going kind of long. It's not like a huge matter of principle for me. I'm just trying, that when we have similar things in the future where there's continuation of roadways, what makes the most sense from a planning standpoint is all I'm trying to consider. We could go either way, and the truth is, the only people it's really going to affect are those that live on this street. With our computer-aided dispatch system, you don't say I live in Cypress Woods. They ask you for your street. They enter it, it comes up on the computer and directions actually, I believe, also come up, so, you know, it's probably not that big a deal. I just -- I just want to try and avoid as much as possible switching street names when you cross a road because I think it's silly, you know, that -- rather than drag this on, you know, let's get to a decision. CHAIRPERSON BERRY: I'll close the public hearing unless there are other speakers. Do we have any other speakers? MR. HCNEES: No, ma'am. COHMISSIONER NORRIS: Motion to approve. CHAIRPERSON BERRY: Okay. I believe, unless there is a second, the motion fails for lack of a second. Is there another motion? COHMISSIONER HANCOCK: I don't know if the petitioner's amenable to it, but for consistency, is Oaks Boulevard North -- COHMISSIONER CONSTANTINE: That's what I was gonna say -- COHMISSIONER HANCOCK: -- better than Northbrooke Drive? COHMISSIONER CONSTANTINE: At least there's some -- MR. COOPER: Well, obviously, again, since we don't have marketing out on Immokalee Road for -- just -- now, general people, other than emergency, you know, people, where do you live? Cypress Woods. Well, where is that? COHHISSIONER HANCOCK: On Oaks Boulevard North. MR. COOPER: It's difficult sometimes, and again, I'm a developer. I know that was a question you had earlier from -- COHMISSIONER HANCOCK: I live on Burning Tree Drive. Where is that? Off Goodlette. Where is that? Off Pine Ridge. MR. COOPER: Burning Tree Drive is in one of the developments there, but anyhow -- COHMISSIONER CONSTANTINE: I'll make a motion we make that minor adjustment to Oaks Boulevard North rather than Oaks Boulevard Extension. Extension always kind of sounds to me like, okay, you must be in the midst of nowhere, so -- COHMISSIONER HANCOCK: And would that continue along the entire line of Northbrooke Drive to the termination at Quail West? COHMISSIONER CONSTANTINE: Will that make you comfortable? COHMISSIONER HANCOCK: Makes more sense to me, but I believe because it's -- COHMISSIONER CONSTANTINE: Oh, I think it makes the most sense. I'm just trying to get a consensus opinion here. MR. COOPER: Hay I make a suggestion maybe? Can we ask for a continuance so we can all discuss what -- maybe how the name works versus trying to come to something hasty. I don't know how the landowners here would like that name or not and I'd rather come back at a later date and maybe -- COHMISSIONER HANCOCK: I don't think we can -- yeah, I don't think we can change it to a name he doesn't agree to since he's the petitioner. We can either turn it down or approve it, so if he's not willing to agree to it, then -- MR. COOPER: I can't answer that. I really -- you know, I'd be happy to get support for Cypress Woods. We're happy to pay for the signs and all that, but -- COHMISSIONER HANCOCK: I support -- for your information, I support Commissioner Constantine's Oaks Boulevard North all the way to the termination of Quail West. COHMISSIONER CONSTANTINE: Is that a second? COHMISSIONER HANCOCK: It's a second, but I think Mr. Weigel tells us we can't change a street name against the petitioner's desires. MR. WEIGEL: I think I would say that, if I were asked. CHAIRPERSON BERRY: You're being asked. COHMISSIONER HAC'KIE: Consider yourself asked. MR. WEIGEL: I think I would say that as a safer course here. Now, if the matter were to be continued and additional information from the petitioner's standpoint was brought forward to you that could provide you the flexibility, then I think there wouldn't be an issue. COHMISSIONER CONSTANTINE: I don't really want to get into hearing this thing -- I mean, we've heard it for 30 minutes now for a name change. I don't want to come back and hear it for another 30 minutes. MR. COOPER: Approve it. COHMISSIONER CONSTANTINE: I don't know what new things you're going to bring to us. Either it's going to happen or it isn't, and if you would prefer to keep Oaks Boulevard Extension instead of Oaks Boulevard North, that's fine. MR. COOPER: Well, I think, regardless, something has to be done because of the roads now, and I think even transportation agrees. The question is, what's the name. We have -- we agree it needs to be one name. I think -- transportation, I think you agree. I guess -- we propose that it be Cypress Woods Boulevard. COHMISSIONER HANCOCK: Let me suggest one of two things and I'll make a motion following this. We can either continue this and they come back and say Oaks Boulevard North is fine or suggest a second name, we thumbs up or thumbs down and off we go, or we can just decline it now, but then what happens is, if we want to change it to Oaks Boulevard North, it has to be a staff initiated petition or staff initiated amendment. MR. COOPER: I have a good suggestion. Let's -- for the sake of -- because I know what your problem is. I would -- from my standpoint, I would say, let's approve it and then I think you need to go back to staff and they need to come up with standards for the future purposes, because it's not just our name road change. You've had lots of these changes and they come in all the time. It's, how do you want to address it, and again, that saves your time and my time of coming back again or doing something, but it also gives you the ability for the staff now to develop procedures. COHMISSIONER HANCOCK: You mean to approve your petition to Cypress Woods? MR. COOPER: Approve it now and you can direct staff that we need to have discussions of how we want this approved in the future. COHMISSIONER HANCOCK: That would go down in the history of Collier County as one of the dumbest things -- MR. COOPER: I disagree. CHAIRPERSON BERRY: But it would solve your problem -- MR. COOPER: I agree with that. It solves my problem. CHAIRPERSON BERRY: Wrong. I don't think so. COHMISSIONER HANCOCK: I've got to admit, you're a heck of an advocate. I'll give you that. COHMISSIONER CONSTANTINE: I made a motion. I thought I heard Commissioner Hac'Kie second it, and I don't know if you recognized either one of those, but I mean -- COHMISSIONER HAC'KIE: I did second it and then Mr. Weigel says we can't do that. COHMISSIONER CONSTANTINE: Okay. Well, let's make no change because I don't have -- I have no understanding what a continuation would do. What information can we possibly get that we don't have now? COMHISSIONER HANCOCK: I'm going to -- I'm going to suggest or make a motion, substitute motion that we continue the item for four weeks with the focus being whether or not the petitioner's accepting of Oaks Boulevard North upon their return. That kind of limits the discussion, doesn't it? CHAIRPERSON BERRY: Mr. Weigel, do you have anything to add in this -- MR. WEIGEL: No, because the only thing that's missing is the -- this is a petition initiated item. The petitioners need to have the opportunity to approve or make a request or acquiescence to the change that's being suggested and they would not have that in the forum today. COMHISSIONER MAC'KIE: I think we should just deny it and let them reapply. CHAIRPERSON BERRY: It sounds to me like this is either up or down, and I think we really need to go in that direction, and if it's not, then does this mean they can come back to us? MR. WEIGEL: Well, they can, but you could continue, if you wish, and in continuing, receive the additional information of petitioners if they wish to -- if they approve the suggestion that's come thus far from this meeting today. COHMISSIONER CONSTANTINE: Madam Chairman, I can't imagine anything that's going to be new and I think -- I'll withdraw my motion and I would just suggest we take no action, and if they want to come back, then great, they can come back. They can go through the process again, but I don't have any interest in continuing because really there's nothing up for discussion. There's no new information out there. COHMISSIONER HANCOCK: I'm gonna leave my substitute motion stand because I think it avoids our staff having to go back and initiate an amendment to fix Oaks Boulevard Extension, which I think is not very attractive, so I'll leave it stand. If there's no second, that's fine, but then we -- you know, at least we have -- we know where that's going. COHMISSIONER NORRIS: And your motion was to continue? COHMISSIONER HANCOCK: It was to continue for four weeks and to return, focusing on whether or not Oaks Boulevard North is acceptable. COHMISSIONER NORRIS: I'll second it. CHAIRPERSON BERRY: Okay. We have a motion and a second. Did I close the public hearing? COHMISSIONER CONSTANTINE: Can I ask a question of the petitioner? CHAIRPERSON BERRY: You may. COHMISSIONER CONSTANTINE: What is it you think you'll contemplate in the next four weeks in the parameters of that motion? MR. COOPER: I can't answer that question today, Commissioner. I really don't know. We do have a real interest in terms of people being able to recognize where the project is. That's all I can tell you, so I can't answer what I would give you, but at least it would let us look at alternatives versus me coming up today and saying, great, go do that, because I don't -- first of all, I don't control the partnership either. So I really don't think I should be making that decision for them because this does affect the project as a whole. It affects the lives of 756 people for the next 50 years. COHMISSIONER CONSTANTINE: And maybe I misunderstood Commissioner Hancock's motion, because it sounded like he said it was to give you time to go thumbs up or thumbs down on Oaks Boulevard North, and what I hear you saying is that will give us time to go look at other alternative names. MR. COOPER: Well, again, whether it's thumbs up, thumbs down or I come back and say why don't you look at a different name entirely that you all can agree on, or we all, I should say, agree on. COHMISSIONER HANCOCK: Wouldn't be the first time a petitioner's ignored our -- the elements of our motion when they returned. I would encourage you not to do it, but that's my consideration. I don't care -- hang on. I don't care if it's Cypress Woods, I don't care if it's Northbrooke. The problem remains the same, that it's -- it's a logical continuation of Oaks Boulevard and it makes sense that it should continue as Oaks Boulevard in some form, and so that's kind of where I sit on it. That's it. MR. COOPER: I would look at the original Northbrooke name then in terms of when the Northbrooke -- COHMISSIONER HANCOCK: I was here for that decision and I didn't like it, so you know -- MR. COOPER: I understand that either -- also, but I would say the same point, that took precedent at the time. I don't have the right answer either. I'm just saying, I don't know what the answer -- I don't know what I could give you or would give you, but I'm just not in the position today to say accept that name. CHAIRPERSON BERRY: Okay. Mr. Weigel, you had a question? MR. WEIGEL: No. The only thing I would say is to reiterate, is that to save the -- the idea of having the petitioners come back, and that's the only thing that really would occur, is that if this were continued to a later date, it's an advertised matter and the petitioners could come back, since there's so few, and ownership interest along the way, that they could become of record to indicate whether, as petitioners, they amended their petition for the name change that's being suggested today. Otherwise, as you've stated, it's purely an up or down, based upon the petition name that's been suggested at this point in time. So the idea of continuing this merely to an economy of not having to go out, and again, either have staff do it as a staff initiated, board directed item or the petitioners start from scratch and come up through the process again, we have the virtue of the fact that this is advertised and it can be continued for up to four additional weeks from here. CHAIRPERSON BERRY: Okay. Commissioner Constantine? COHMISSIONER CONSTANTINE: I'll pass -- COHMISSIONER HANCOCK: There's a -- if Commissioner Constantine's motion, which was to go to Oaks Boulevard North, if that motion is actually tabled, then the ensuing discussion is strictly about that motion; is that correct? MR. WEIGEL: That would be correct. COHMISSIONER HANCOCK: I'm going to withdraw my motion and move that we table Commissioner Constantine's motion for a period of four weeks. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: Okay. We have a motion and a second to table the name change to Oaks Boulevard North for four weeks. Does everybody understand what we're doing here? Okay. The public hearing is closed and I'll call for the question. All those in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five, zero. COMMISSIONER CONSTANTINE: So when we come back, that motion will be on the table? COMMISSIONER HANCOCK: Correct, it will be on the table. CHAIRPERSON BERRY: Correct, it will be on the table. Item #12C3 PETITION HD-97-2, THE COLLIER COUNTY HISTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO OFFICIALLY DESIGNATE A CALUSA INDIAN ARCHAEOLOGICAL MOUND/SHELL WORK COMPLEX AS HISTORICALLY SIGNIFICANT - DENIED Okay. The next petition is Petition HD-97-2, has to do with the Collier County Historical and Archeological Preservation Board requesting to designate a parcel of land located in Chokoloskee as a Calusa Indian archeological mound, slash, shell work complex. Wow, all that. Mr. Bellows? MR. BELLOWS: Yes -- COHMISSIONER CONSTANTINE: Mr. Bellows, does this restrict or impact private property rights in any way? COHMISSIONER HAC'KIE: Yes. MR. BELLOWS: Well, the issue at hand, I guess, is the property owner is in opposition to this designation by the Preservation Board. COHMISSIONER CONSTANTINE: That's why I wanted to start it off that way. MR. BELLOWS: Yes. The Preservation Board is allowed to make a recommendation of -- to the Board of County Commissioners to designate a site as historic if we follow the advertising requirements and notify the property owner by certified letter, which has occurred. The property owner, Mr. Morris, attended the Preservation Board meeting. The discussion of the merits of the archeological site was discussed. There was a survey and assessment prepared by a certified archeologist that designates -- that had the recommendation that there are significant artifacts on the site. As you see on your map on page 11, it shows a black dirt midden near the northern portion of the site. I think that's where most of the concern is, from an archeological standpoint. The property owner is proposing to build a -- construct a single family home on the site and has agreed to have a certified archeologist present to monitor the construction to make sure that artifacts aren't damaged with any subsurface construction. However, the concern the Preservation Board has is future development. It's a six acre site. It could be subdivided or, since it's zoned VR, it also could come in for a site development plan for multi-family. COHMISSIONER HAC'KIE: But if it did, we would probably turn it down, because under the section about historical or archeological significance, you would say this is a big deal archaeologically, and so that would be factored in at that point in time. MR. BELLOWS: That's true. We do have two ways of going about preserving archeological artifacts. One is, designated as a local historic site. The property owner would receive some benefits, tax abatements and could also apply for federal state grants. The problem, I think the property owner has, is that it's also listed on the site then and pot hunters or sightseers may be wanting to intrude on their property. There's also a second layer of review by the Preservation Board of local historic sites. When there is a change or building permit pulled, it would change -- what was approved as a local historic site, the Preservation Board would issue a certificate of appropriateness or deny that -- that requested building permit or change. That, I think, is one concern that they had. Another concern is that sometimes the time it takes the Preservation Board to meet to hear some of these items. Staff has also mentioned that anytime a petition comes in for a site plan or preliminary subdivision plat and they're in a probability area, they are requested to have a survey and assessment prepared, so if there is a -- a site development plan for multi-family housing, that would be sent to an archeologist to review in conjunction with the archeological site and he would make recommendations and we would take that into account in a site development review process. COMMISSIONER MAC'KIE: What's the basis -- why would staff be recommending that this be designated -- I understand why archeologists and people in the community whose -- MR. BELLOWS: It's based on their recommendation that there's an additional layer of review with a local historic site that the Preservation Board would be involved in every aspect of the review, through the issuance of the certificate of appropriateness. That's why staff is recommending an approval, but the applicant is correct, Miss Cawley is here, she -- she has pointed out that the same layer of protection can be obtained through our existing ordinances as it currently exists. CHAIRPERSON BERRY: Commissioner Constantine? COMMISSIONER CONSTANTINE: One of the issues I think this board has felt most passionately about is private property rights, and while I certainly appreciate the attempt to preserve some of these things, it seems like, as I read through here, what the role of Collier County is, the Land Development Code indicates that preservation regulations are necessary to halt illicit digging or excavation activities. I don't think they're looking at doing anything illicit which could result in the destruction of prehistoric and historic archeological sites. I appreciate that that's -- that can be construed as our role, but as I read just above that, it says the property owners had offered to have a certified archeologist on site to monitor the excavation and construction to ensure that significant archeological artifacts would not be destroyed when they build their home. It seems to me that's the best of both worlds; you can protect the artifacts, make sure we preserve our history, but let these people use their own property and build their own home, and I think anything short of that, if we start telling people they can't build their home or can't improve their home on their own property because there might be something there just isn't fair to them. It goes completely contrary to what this board has stated time and time again in the past. CHAIRPERSON BERRY: What I thought was kind of remote in this situation was that this probably didn't come to light until these people purchased this and started to clear this particular piece of land, and if this is so valuable from an archeological standpoint, I would have thought that others would have pursued this earlier on, but then, now that it's purchased and these people do have the -- I think the personal property rights certainly does come in here -- into play in this particular situation, but Commissioner Hancock, I know you had a question. COMMISSIONER HANCOCK: Mr. Bellows, what are -- I guess my big problem is that we don't have a way of saying, okay, we can go in, without expending taxpayer funds, and in 12 months declare the site free and clear of artifacts. In other words, we don't have someone who's standing there saying, I will go in and remove the material within 12 months, replace it with fill and you can have full use of your property. I don't know of any way to accomplish that, and that's the middle road, because otherwise, what we do is we kind of freeze the future development of the property and -- and actually give, you know, permission to people to traverse this person's property in the pursuit of artifacts, and that just seems rife with problems. I don't see that there's an organized structure to accomplish the proper recovery of these artifacts without sticking these people in limbo for year after year after year. MR. BELLOWS: Yeah, the county's been involved in several other sites where archeological artifacts have been involved. One was in the April Circle PUD and the preserved tract was prepared and no construction entered into that area. There was another site down on Marco Island where artifacts were found accidentally during construction. The owner was willing to stop some of the things that they were doing and allow an excavation to occur on the site, and then once that was done, construction proceeded. Now, the property owner has expressed willingness to work with the Preservation Board to a certain extent, but they're not willing to go for the historic designation. COHMISSIONER HANCOCK: That's kind of what I'd like to see is if the Historic and Archeological Preservation Board will work with them and set up, say, from these times and these times on these days, we'd like permission to come out and do the digging and whatnot, we may be able to kill two birds with one stone here without taking away someone's property rights or sacrificing the history of these artifacts. I think we can accomplish both and that should be our goal. COHMISSIONER CONSTANTINE: And again, it looks like the property owners have offered that. They've offered to have a certified archeologist on site to monitor that and make sure stuff's not destroyed. COHMISSIONER HANCOCK: I don't see the need to hammer the property owner just yet because they seem willing to work with -- but if we find out that they are out there disturbing artifact areas without notifying the county, yes, there's going to be some loss incurred, but I think that's the kind of motivation we need to go to this kind of legislation because it shows a dishonest attempt, and so I would rather save this hammer for if it's needed and require them to have the archeologist on site during all digging, that if they uncover artifacts, just as according to our ordinance, they have to stop the current activity and clear the area of artifacts in an appropriate manner. They have to do that anyway, so I'd like to see us go ahead and send it in that direction and encourage the Archeological Preservation Board to work with the property owner in a voluntary dig so that they'll have benefit of their property in the future. That makes sense to me. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: Who -- who on our staff or otherwise can answer the question of -- of the relative level of protection of the certified architect (sic) on site as compared to designating this as a historically significant site? MR. BELLOWS: Well, the certified archeologist, you mean from an insurance standpoint? COHMISSIONER NORRIS: I'm sorry, I said architect, but I meant archeologist, of course. MR. BELLOWS: They're hired by the property owner to survey the site and monitor -- COHMISSIONER NORRIS: I'm saying what -- who can answer the question of the relative level of protection between the two? MR. BELLOWS: I'm not sure I understand the question. COHMISSIONER HANCOCK: You mean against -- COHMISSIONER NORRIS: The question is, are we going to get the same level of protection from having the certified archeologist on site as we would by designating it as a historically significant site? MR. BELLOWS: Now I understand. I believe there would not be any great difference in the level of protection of the artifacts. The only thing the historic designation would add upon what we would normally require anyway and where we would have an archeologist on site to monitor any construction is that any future proposed changes to, say, subdivide into six or 12 lots or to build a multi-family complex on -- on the site, those plans would be sent to the Preservation Board for review and comment, and if they felt that the artifacts would be protected, they would issue a certificate of appropriateness. That's the additional level of review and protection of the resources. Otherwise, they -- even if it was not designated and that site plan came in, we would still want a certified archeologist there to monitor -- COHMISSIONER CONSTANTINE: The one other difference is that it would provide an additional level of protection for private property rights to have the archeological expert on site. COHMISSIONER NORRIS: That's my point. COHMISSIONER HANCOCK: I'd like to hear from the petitioner or the doee on this to find out, you know, what level of cooperation can we expect, because that may answer some of these questions, because I don't think anybody up here is saying that we want to preserve -- or reduce the level of protection for the artifacts. We want to maintain that constant. We have that pretty solid right now. We're just trying to seek the balance, so maybe the property owner or their agent can help us strike that balance. CHAIRPERSON BERRY: Before we do that, Commissioner Constantine, I think, had one more point that he wanted to make. COHMISSIONER CONSTANTINE: Yeah, just a second point. As I read through here, I was a little concerned by the rationale. It says, since the Morris property is one of the last remaining areas on Chokoloskee that has not had significant development activity, it therefore represents some of the best records of the area's prehistoric heritage. If -- if -- that therefore concerns me. If that is the rationale, why we're looking at doing this, it appears they're being penalized for preserving it as long as they have. CHAIRPERSON BERRY: And that was my point though, to a certain extent, that if this has been so valuable, why wasn't something looked at a long time ago? MR. BELLOWS: Yes, we have some Preservation Board members who worked with the archeologist who might shed more light on the history of the site. CHAIRPERSON BERRY: Again, I'm not saying -- I'm not saying not protect these things. I'm just -- all of the sudden this has become -- it's a big issue now, you know. COHMISSIONER HANCOCK: It seems to me the authority and enforcement with which we have the ability to place this assessment on the property should be reserved for those who are abusing it, those who are not taking the necessary steps to preserve artifacts. That's kind of the difference. I don't see it as a willy-nilly thing. I see it as an enforcement element for those that are violating, you know, disturbing the designated areas. CHAIRPERSON BERRY: Let's hear from the petitioner, and then if they have any questions for them -- COHMISSIONER HANCOCK: Okay. I think the property owner is -- CHAIRPERSON BERRY: The owner, I should say. MR. MORRIS: I am the property owner. For the record, I'm Batty Morris. I'm now a resident of Collier County and I own a -- I own a condominium on Smallwood Drive in Chokoloskee. I bought the land originally to be far away from the maddening crowd and to be a peaceful and quiet place, which Chokoloskee is. It's also a great place to go fishing. Mr. Bellows has pretty much stolen my thunder. I -- I do feel that designating this property an historic archeological site will increase the traffic and reduce the peace and tranquility that can be there. It is true that I have been required to have an archeologist on site anytime we do disturb the soil to any degree. I have done -- I have cooperated with that fully and willingly and will continue to do so. I would request that an additional red tape layer not be placed on things I would like to do with my property because the certificate of appropriateness, I'm told, will take 90 to 120 days each time that you want to change -- plant a tree or whatever, so that is the reason that I would prefer not to have the designation. I do understand that Mr. Bellows has said that the staff's existing county regulations, as long as I abide by them, which I will, are sufficient to protect the property, so I have requested and do request, respectfully, that this petition be denied. COHMISSIONER HANCOCK: Madam Chair? CHAIRPERSON BERRY: Yes? COHMISSIONER HANCOCK: Do you spend 12 months a year down here or do you have another home that you split time between? MR. MORRIS: I'm sort of in a transition in my life now and I spend six months or better in Florida, but not 12. COHMISSIONER HANCOCK: I guess the reason I'm asking that is, if there is a willingness for certain periods of the year, certain times that can be restricted and agreed upon to allow for voluntary digs on areas of your property to recover the artifacts, I know that's opening a little bit of a hornet's nest for you, but again, I'm trying to strike the balance between -- by cooperating now, the next time you want to do something on this property, it may be easier to move through that process than it is now. It may be less costly. If an area has been dug and certified not to have remaining artifacts, you can avoid this process altogether, so is there a willingness on your part to establish those kinds of times and agreements? MR. MORRIS: Mr. Constantine, two -- COHMISSIONER HANCOCK: That would be him. I'm Mr. Hancock. MR. MORRIS: I'm sorry. The parallax -- Mr. Hancock, I apologize. At two of the archeological and historic board meetings, I offered that -- that I would permit digging there for a year or two years on the site and I was told at those meetings that they would prefer not to dig, that people 100 years from now would understand better what the Indians meant than -- than we do now today, so they actually -- I've offered that and it was declined. I would -- I would be willing to have the midden, you know, dug on again if, you know, if that's the -- COHMISSIONER HANCOCK: I made an assumption there. It may have been incorrect. I assumed that recovering the artifacts was important, but -- MR. MORRIS: That's what I thought. COHMISSIONER HANCOCK: Okay. COHMISSIONER HAC'KIE: Perhaps preserving them in the ground is what's important. Maybe we'll learn that from our archeological board. COHHISSIONER HANCOCK: I don't have any further questions. CHAIRPERSON BERRY: No further questions? Thank you, Mr. Morris. MR. NORRIS: Thank you. MR. HCNEES: You do have three other registered speakers. Arthur Lee will be followed by John Thompson. MR. THOMPSON: Good afternoon. CHAIRPERSON BERRY: Good afternoon. MR. THOMPSON: My name is John W. Thompson and I'm a member of the Florida -- I should tell you that Arthur Lee prefers to follow me. Is that all right? I am a member of the Collier County Historic and Archeological Preservation Board. I also happen to be treasurer of the Southwest Florida Archeological Society and the Florida Anthropological Society, which is a mouthful. A couple of things I heard our president say yesterday, let's get the record straight. There is no desire on the part of the -- I'm not a professional archeologist, but there is no desire on the part of archeologists to dig up anything if they don't have to. Most of the big digging that's been done in this area is salvage work. The idea being that having designated such a property to make sure that this owner, particularly a future owner, does have something reviewed when he's ready to build something. The question then becomes, where do you put the house. If it isn't going to damage any archeological materials, that's great. If it could be moved, as you were talking about in some of your other discussions today, ten or 15 feet right or left and he's agreeable, then that's fine. If the area does have archeological remains and needs to be salvaged, then it is dug up, analyzed, reported and goes into a museum. The other thing I want to correct is, nobody wants to go into any piece of property and dig up all the archeological materials. That's destroying it, and we're much better off if they're left inside if it doesn't inconvenience the property owner. I used to be a realtor. I don't see any violation of public property rights here. It's a cooperative thing. Just about a week ago we were all down at Horrs Island, or Key Marco, as it's now known, where the people there are completely cooperative on the naming of the Captain Horrs House to the National Registry, and it is going beautifully. I guess -- I'll just wind up by saying this, I volunteered to be on the board and I got an understanding of how there is a state private -- state land use or growth plan which requires a historical and archeological preservation ordinance. You people or your predecessors decided to have a preservation board and we are to recommend to you actions. This is -- just seems to me to be a classical case of that role. In other words, we have a site which was discovered when the land was cleared without a permit, and that wasn't our matter, that was another part of the county government. It was deemed to be very valuable and -- and we're concerned not as much about Mr. Morris, as I've heard from the archeologists that he is a most agreeable and most cooperative gentleman, but if he sold it in a year, then what happens, and that seems to me is the process, and so I am hoping you will pass it. CHAIRPERSON BERRY: Thank you. MR. MCNEES: Mr. Lee, and the final speaker is Art Quinnell. MR. LEE: My name is Arthur Lee. I'm a former chairman of the Historic Preservation Board, currently operate an archeological laboratory here in Naples. This whole hoverall started because we got into it backwards. The gentleman who bought the property moved in with a bulldozer and started to work. He scuffed up some of the archeological area. He -- he got into a -- a midden, a place where there had been a residence, and he also nudged into one of the ridges. It's very interesting. Chokoloskee's a manmade island right up from the -- from the ground -- or from the water, and it was -- it was a planned community. It was made in ridges so that the house is on top of the ridges and out of the reach of the storm waters and canal ways, and actually, a plaza for gatherings in the middle. unfortunately, when the thing was developed, it was developed before there were -- there was any sort of protection for archeological material, so when we came -- when we came into it, it was, from our standpoint, an emergency situation because this work was being done. Normally what happens is, in an area that is known to be sensitive, such as Marco Island, Chokoloskee, when an owner comes into the county with a request for a building permit, that is examined by our people as a matter of routine and where -- when he gets his permit, he's issued a piece of paper saying you are in an archaeologically sensitive area, you're -- if you encounter archeological material, you are to get hold of an archeologist and have him go over the thing, examine, and the result, the end result is that they -- either the -- the owner opts either to have a salvage excavation made, in which case the scientific dig is done and this is done at the owner's expense. The -- and these can be fairly expensive operations, or he can go ahead, plunge in with his excavation, with his construction and if he uncovers archaeologically sensitive material, then he is required to have an archeologist come in and tidy up that area, do a salvage job on that area and then proceed with his construction. The Conservation Board comes into this, as you've heard, simply a little bit belatedly, and we regarded this as the way most gentle to the owner. In other words, if this is declared as a -- an archeological area, then he has -- we -- the county has the protection against his dying and leaving it to successors or his selling or his subdividing or something of the sort. It -- it provides that sort of protection. There is no need for a plaque to be put up. There's no need for there to be any additional traffic. This is simply -- given the way this procedure was started, it's the only way we can see where adequate protection can be given with the minimum cost and hardship to the owner. I'll be happy to answer any questions. CHAIRPERSON BERRY: No questions? MR. LEE: Thank you. CHAIRPERSON BERRY: Thank you. MR. HCNEES: And your final speaker's Art Quinnell. MR. QUINNELL: For the record, Art Quinnell. I've lived here in Collier County for over 30 years and have seven professional licenses and I've worked around these type of proceedings for just about all of those 30 years. I find one thing to be true, whenever something like this is designated, in this case right here, I know what will happen. One, it will attract all kinds of fanatics, it will attract all kinds of notoriety. It will attract all kinds of -- other kinds of people coming here that you don't want, that you wouldn't want on your own property, for example. Just to show you what I mean, I was out there during the entire dig with Mr. Cart from the Archeological Society in Hiami. Most all of the time I was there -- and while he was there digging, there were three people come out there and started digging also and he had to chase them off. I was there another day with Mr. Morris himself and the fellow come up there and started digging, and I have found from the people, the local townsfolk, who I know quite well, they've told me that they have seen 15 or 20 people out there digging on his property, so that kind of notoriety, he doesn't need, and I feel, like the owners, that everything that Mr. Lee just outlined will be given to the county throughout the regular procedure as opposed to having it declared an archeological site. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: I certainly appreciate and respect the attempt to preserve our heritage and to try to maintain those things, but I've got to disagree when the first speaker said the ideal is to leave those things undisturbed. To suggest that a clay pot or what have you buried six or eight feet below the ground and left undisturbed is more important than an individual property rights ability to plant a tree or improve a porch or something, do something else in their own home, I just can't agree with that. I think it's very well-intentioned, and the idea of trying to make sure we preserve things is -- is fine, but to do that at the expense of the private property rights and the penalty, not only in expense, but in the scenario Hr. Quinnell just described, just plain isn't fair to the property owner, so I don't know if you need to close the public hearing if we're in that format or -- CHAIRPERSON BERRY: We've got one more comment here. Commissioner Norris? COHMISSIONER NORRIS: Well, I agree with Commissioner Constantine's comments. I think it was Mr. Thompson that said that this would be a cooperative effort, but it seems to me that if we -- that we have an offer of a cooperative effort from Mr. Morris. He's agreed to have an archeologist on site, but if we designate this as a historically significant site, then it's no longer cooperative, but mandated, so I have to take issue with that comment. I feel comfortable, from what I've heard here today, that proper protection will be given to the site and I intend not to support this petition. CHAIRPERSON BERRY: Commissioner Hancock? COHMISSIONER HANCOCK: Mr. Bellows, under VR zoning, how many units could be built on this property? MR. BELLOWS: I believe we made an estimate of approximately 12 to 13. COHMISSIONER HANCOCK: I think therein lies the problem. If this were a quarter acre or eighth acre lot and somebody's trying to build a home on it, I think there would be some, you know, some concern that, well, you know, there's not a whole heck of a lot else that you can do with it, you know, they'll do the recovery at the time of excavation if necessary and so forth, and that seems to make sense. The concern here seems to be the future disturbance by what, I think, Mr. Lee and others would term over-development for a historical area, so I guess maybe the property owner could -- if you could answer for me, what are your long-term plans for this property? MR. MORRIS: As I understand it, the property is zoned VR-2? CHAIRPERSON BERRY: Would you identify yourself again. MR. MORRIS: I'm sorry. I'm Batty Horris, the property owner of the property in question. I think that the property is zoned VR-2, which I understood was for trailer parks at 16 per acre, which would -- which would make it possible to build 96 -- MR. BELLOWS: There is no VR-2, it's just village residence. It allows for a wide range from single family to multi-family and mobile home. MR. MORRIS: My intent since the beginning and my intent now is still, first, to build a house for myself by the water at approximately two acres, maybe two and a half, maybe three acres. Then there will be three acres left, and maybe I would be interested at some point in having those divided into three -- possibly three lots of an acre apiece and sell them to friends. COHMISSIONER HANCOCK: I guess that's what I'm -- I'm trying to get to is the concern for 12 units and the entire site being disturbed and excavated, I think, is valid. I can understand that concern. If there is a way that we know now the limitations of the potential disturbance to the site, that's helpful to me because it tells me a balance of the site will be left undisturbed, which is -- again, I'm trying to meet both, you know, both sides as best I can without unduly burdening one side or unduly eliminating the concerns from the other and I -- again, whatever assistance we can get in that would be fine, but that's where I'd like to go. MR. MORRIS: I hope that it's evident from what I have told you that I intend to do that. I'm not -- I did not buy that piece of property to primarily see if I could develop it or make money on it. I bought it as a place to live. COHMISSIONER HANCOCK: Understood. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: Commissioner Hancock, from your comments, I'm not sure whether your main concern is how many units are going on the property or whether the historically significant artifacts are properly protected. I think the discussion that we've had here today indicates that now that we know that this is a historically significant site, that we do have the mechanism to properly protect those artifacts, and it's really fairly immaterial about what's finally built there. COHMISSIONER HAC'KIE: I think I agree with that too, in that the process, even with the shaky start, worked this time. The process will work next time. When somebody comes in, you know, we have adequate protection in the ordinances already to -- to prevent the disturbance or destruction of the site, and I appreciate that, you know. Thank goodness we have that. We have to have that, and if we didn't, then we would have to do something more significant like get designated a site -- COHMISSIONER NORRIS: Would you please stop agreeing with me. People are gonna talk. COHMISSIONER HAC'KIE: Good Lord, John. Two in one day? I don't know. I may have changed my mind. CHAIRPERSON BERRY: This is a historical day in Collier County. COHMISSIONER HAC'KIE: There you go. CHAIRPERSON BERRY: Anyway, are there any further comments from board members? If not, I'll close the public hearing COHMISSIONER CONSTANTINE: I'll make a motion we deny -- COMMISSIONER MAC'KIE: Second. COMMISSIONER CONSTANTINE: -- Petition HD-97-2. CHAIRPERSON BERRY: We have a motion and a second. Any other questions from board members? I'll call for the question. All those in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five, zero. COHMISSIONER HAC'KIE: Gee, I hope we can spend just as much time on every remaining petition as we have spent -- good Lord, we're talkative today. Item #13A1 RESOLUTION 98-26, REGARDING PETITION SV-97-2, MR. WILEY H. PARKER REPRESENTING LELY DEVELOPMENT CORPORATION REQUESTING A VARIANCE FROM SECTION 2.5.5.2.3.12 OF THE LDC TO ALLOW FOR A 20 FOOT HIGH DOUBLE-FACED OFF-PREMISE DIRECTIONAL SIGN WITH A COPY AREA OF 72 SQUARE FEET FROM THE CURRENT LDC REQUIREMENTS FOR OFF-PREMISE SIGNS OF 2 ONE-SIDED OFF-PREMISE SIGNS WITH A COPY AREA OF 12 SQUARE FEET EACH AND A HAXIHUH HEIGHT OF 8 FEET TO BE LOCATED AT THE CORNER OF C.R. 951 AND LELY CULTURAL PARKWAY - ADOPTED WITH CHANGES CHAIRPERSON BERRY: Okay. Continuing with the public hearings, Petition SV-97-2. All those individuals speaking to this petition, please stand and I will have the court reporter swear you in. (Speakers were sworn.) CHAIRPERSON BERRY: Mr. Badamtchian? MR. BADAMTCHIAN: Good afternoon, commissioners. Chaharam Badamtchian from planning services staff. Mr. Wiley Parker representing Lely Development Corporation is requesting this variance on behalf of the Edison Community College. The land for the college was donated by Lely Development and they have also granted an easement along 951 for a pole sign. However, the Land Development Code does not allow off premises pole signs, only allows 12 square feet directional one-sided sign. This variance is to allow them to install a 20 foot high double-sided sign between -- 72 square feet of area. The Planning Commission reviewed this petition on December 18 and unanimously granted approval of the petition. COHMISSIONER CONSTANTINE: What's allowed right now? MR. BADAMTCHIAN: Twelve square feet sign, one-sided sign, eight feet high. COHMISSIONER CONSTANTINE: And they're asking for 72 square feet, two-sided? MR. BADAMTCHIAN: Right. COHMISSIONER HAC'KIE: Is the architectural iljustration in the plan -- I mean in the packet committed to? Because if it is, it's beautiful. Certainly the identification of Edison Community College's Collier County branch is positive. I -- I think this is something that we should support and I don't think I have ever supported a sign variance, but this looks beautiful and certainly is an asset to the community. Is this -- Mr. Badamtchian, is this -- if we approve this, is this the sign that we are approving? MR. BADAMTCHIAN: This is the sign that you are approving, and this is not a business, so other businesses, they cannot claim the same variance. CHAIRPERSON BERRY: It's more like an entrance sign? MR. BADAMTCHIAN: This is a monument sign at the entrance to Lely Cultural Drive -- Cultural Parkway which leads to the college. COMMISSIONER HANCOCK: Did you receive any objections? MR. BADAMTCHIAN: No, I have not. CHAIRPERSON BERRY: Mr. Parker, did you want to say something to the board? MR. PARKER: Wiley Parker. We were the architects for -- we were the architects for Edison Community College at this -- for their Collier County campus there and it has been a bit of a problem in location and -- and through the very good cooperation with Lely Development Corporation, they made this site available and the college deems is pretty important. CHAIRPERSON BERRY: Do any of the other commissioners have any questions that you need to ask? COMMISSIONER NORRIS: Yes, I -- CHAIRPERSON BERRY: Commissioner Norris? COMMISSIONER NORRIS: Is there any way you can get away without going 20 feet high? I mean, that's -- that's two and a half times what our code allows. MR. PARKER: Well, the -- it was a design that was -- was created with certain objects in mind or purposes in mind, and that was what we've kind of come up with as far as a design that presented to the college and to Lely Development Corporation. There's nothing that sets the -- the particular height at that as an exact height. COMMISSIONER NORRIS: Well, then if there's not, would you have any objection to making the same sign somewhat lower? MR. PARKER: It would be a matter of just making the proportions correct, from how it kind of looks with -- we thought this, as architects, this looked best for the -- for the purposes and where it was and deciding on a particular corner there. COMMISSIONER MAC'KIE: It's pretty significantly set back, I think, from 951 and very set back from Lely Cultural Parkway, which is what affected my thought about the height. CHAIRPERSON BERRY: Commissioner Hancock, question? COMMISSIONER HANCOCK: No. COMMISSIONER CONSTANTINE: Commissioner Norris, did you have a particular height in mind that you were thinking was more appropriate? COMMISSIONER NORRIS: No, but I mean, we've been through a -- a long road of restricting -- COMMISSIONER MAC'KIE: That's true. COMMISSIONER NORRIS: -- sign clutter and sign -- COMMISSIONER MAC'KIE: Pollution. COMMISSIONER NORRIS: -- codes. We've been through a long process of that in the commercial architectural standards, and now -- you know, I understand that Edison Community College is very valuable asset to our community, but at the same time, I don't know how we go about making exemptions for people based on their relative benefit to the community. COMMISSIONER HANCOCK: Well, let me ask this to our staff, if I may. The -- does the proposed sign meet our commercial architectural standards? MR. BADAMTCHIAN: It meets our commercial code. As you well know, the area is heavily vegetated and the speed limit on 951 is 55 miles per hour. Two or three years ago, this board approved a similar variance for the Naples Sports Park -- swamp buggy sign. COHHISSIONER HANCOCK: That's before we were tremendously enlightened though. COHMISSIONER HAC'KIE: We would want this to have more of a presence than the -- I mean, God bless the swamp buggy sign. COHMISSIONER HANCOCK: You get an education in either place. COMMISSIONER MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: I must say, Commissioner Mac'Kie, we have been successful at dragging yet another item out as long as we could. COMMISSIONER MAC'KIE: We have. We're good at it today. COMMISSIONER HANCOCK: I guess my concern is, we adopted commercial architectural standards. I encouraged the elimination of pole signs, going to ground signs only. We moved off of 25 feet to 20 feet. We're moving in the right direction, you know. Based on the use here and the speeds and what can and can't exist in that road section, I don't think clutter's going to be an issue, you know. If it is, then we need to make sure this conforms entirely. If it isn't, then I think we can make an exception, but it's the issue of clutter and adjacent properties, what could be developed there, that I don't have a firm grasp on. CHAIRPERSON BERRY: I think aesthetically looking at what is proposed here, to me, is a little different than your typical advertising, whatever the business is or something like that. It looks more -- more of an educational gateway kind of sign than -- than perhaps just your typical pole sign that we're used to seeing. COMMISSIONER NORRIS: I can see that I'm going to be in the minority. I just wanted to raise the concern. If you would like to close the public hearing -- COMMISSIONER MAC'KIE: Hey, I'm so used to that. See, we're trading all kinds of things today. COMMISSIONER CONSTANTINE: Mr. Weigel, does this require three votes or four? MR. WEIGEL: Three. CHAIRPERSON BERRY: This requires three. COMMISSIONER HANCOCK: Let me ask the petitioner, would you be willing to reduce the height to 15 feet? MR. PARKER: I certainly can go back to the board and -- I think they are -- would put themselves at your disposal. They were hoping for this because of the commercial sign limitations and falling within that and -- but -- COMMISSIONER NORRIS: But there's not likely to be an opportunity to come back to the board. We're going to approve or deny your recommendation today. MR. PARKER: No, not at all. Obviously, we'll take your counsel on this, your reaction to this -- COMMISSIONER HANCOCK: I think that height -- reduction in height is a fair mitigating factor for the variance being requested, so if -- if that is agreeable with the rest of the board, I can support that, a 15 foot maximum height. CHAIRPERSON BERRY: Okay. COMMISSIONER MAC'KIE: I just have no idea what that does to the dimension of the sign. CHAIRPERSON BERRY: We will -- do we have any other speakers on this issue? MR. MCNEES: No, ma'am. CHAIRPERSON BERRY: All right. Thank you, Mr. Parker. We will close the public hearing. COHMISSIONER NORRIS: I'll make a motion that we approve this variance with a 15 foot maximum height. COHMISSIONER HANCOCK: Second. CHAIRPERSON BERRY: Show me, what's 15 feet. I mean, I have -- COHMISSIONER HAC'KIE: He too. CHAIRPERSON BERRY: -- I am terrible -- MR. PARKER: It has something to do with that setback you talked about this morning. COHMISSIONER HANCOCK: I apologize you were here for all of that. COHMISSIONER HAC'KIE: Half the height of the berm. COHMISSIONER HANCOCK: Basically the bottom -- CHAIRPERSON BERRY: Are you five feet tall, Pam? COHMISSIONER HAC'KIE: A little bit more than that, but not much. COHMISSIONER HANCOCK: The bottom of the sign, which the sign face itself is four feet -- four feet, four inches, the bottom base of the sign would be about two feet above the eve of a single family house, so if you imagine you're looking at a house and you're looking at the first story, about two to three feet above that would be the bottom of the sign starting. COHMISSIONER HAC'KIE: It doesn't make as much of a statement. I mean, I just hate -- here we go again, but I just hate to -- you know, it does look like an educational gateway as designed, and staff -- MR. PARKER: It will be a monumental kind of sign. The -- the ground level there is a little -- it's several feet below the -- COHMISSIONER NORRIS: I think the public hearing's closed. COHMISSIONER CONSTANTINE: Yeah, you're right. COHMISSIONER NORRIS: I believe we closed the public hearing. COHMISSIONER CONSTANTINE: I mean, it still makes a statement. You drive up and down there, there's going to be limited stuff allowed on that stretch anyway. It's already how many feet higher than -- 15 feet is how much higher than we allow normally now? So, I mean, it's clearly going to make a statement. That's a fair compromise, but I'd prefer we stay within the current standards, but if everybody else is comfortable going to 15, I'll support 15. COHMISSIONER HANCOCK: Only because it's Edison Community. CHAIRPERSON BERRY: Did you make the motion? COHMISSIONER NORRIS: I made the motion. CHAIRPERSON BERRY: Who seconded it? COHMISSIONER HANCOCK: I didn't hear one. I'll second the motion. CHAIRPERSON BERRY: Okay. We have a motion and a second to accept this drawing and limit the height to 15 feet. All those in favor? Opposed? (No response.) CHAIRPERSON BERRY: Seeing none, the motion carries five, zero. Item #13A3 RESOLUTION 98-27, REGARDING PETITION CU-97-24, WILLIAM L. HOOVER REPRESENTING RICHARD AND TERESA YAHL REQUESTING CONDITIONAL USE "2" OF THE "A" ZONING DISTRICT TO ALLOW A HORTICULTURAL HULCHING FACILITY IN AN AGRICULTURAL ZONING DISTRICT FOR PROPERTY LOCATED IN SEC. 31, T495, R27E - ADOPTED WITH STIPULATIONS OF THE CCPC And the last item has to do with Petition CU-97-24, Zone A -- Conditional Use 2 change of the A zoning district to allow a horticultural mulching facility in an agricultural zoning district. All those wishing to speak to this particular issue need to stand and be sworn in, please. (Speakers were sworn.) CHAIRPERSON BERRY: Okay. MS. MURRAY: Susan Murray, planning services department. Madam Chairman, did you want me to elaborate on my presentation or, in light of comments from the commission, do you want me to kind of keep it short and sweet? I can do both. CHAIRPERSON BERRY: If there's any questions from the commissioners -- COMMISSIONER MAC'KIE: I've got a concern about one of the complaints about smell at our existing landfill has to do with horticultural waste and I just wonder -- CHAIRPERSON BERRY: Mulching. COMMISSIONER HANCOCK: I guess, Miss Murray, maybe you can give me the benefit of your comments on the transportation side. We're talking about five or more dump trucks a day on a lime rock based road creating a higher maintenance level on the roadway. This is an area with some residential development, or homes, anyway, no sidewalks, very low enforcement level from the Sheriff's Office due to the remote location. I have concerns there. How -- how do you feel the petition addresses those concerns? MS. MURRAY: That was staff's concern exactly in light of the fact that it's a remote location, the road does function as the main entranceway to Sections 35 and 36 in the county, so it is fairly heavily used, although there isn't a lot of residential development right around the subject site. Staff had made an original recommendation, if you look on pages 25 and 26, Exhibit D, number two, the portions of Crawford Avenue from its intersection with Landfill Road and Washburn Avenue to the subject site's driveway entrance where trucks enter shall be maintained in a dust free condition and topped with a minimum of a prime coat surface. That was staff's recommendation on how to address that. At the Planning Commission meeting, they forwarded a recommendation to you and they -- with the stipulation that they wanted to amend that number two and say that the portions of Crawford Avenue from its intersection with Landfill Road and Washburn Avenue, subject to the site's driveway entrance where trucks enter the site, shall be maintained by scraping the road a minimum of two times per week or more if needed and sprinkling the road at least one time per week. They felt that the affected roads could be adequately maintained by that. There was some testimony given by the petitioner that they would need to maintain the roads in a good condition in order to reduce maintenance loads on their trucks. I -- my problem -- only problem with that is I don't want the county or would not like to see the county get into policing of whether or not the road is adequately maintained. COHMISSIONER HANCOCK: Difficult to do. CHAIRPERSON BERRY: One question I have. How close is the nearest home to this particular site? MS. HURRAY: The nearest home -- there are three homes to the north and one to the east. CHAIRPERSON BERRY: About how far? MS. HURRAY: If you're looking to the north, you're going to go across a 60 foot right-of-way and then there's a 50 foot front yard setback to the east. It's probably -- CHAIRPERSON BERRY: That's not very -- not a quarter of a mile? COHMISSIONER CONSTANTINE: To the 30 yard line. MS. HURRAY: About 110 feet. COHMISSIONER HAC'KIE: That's dimensions I can understand, the 30 yard line. Okay. COHMISSIONER HANCOCK: Hiss Hurray, can you tell me why there are 60 parking spaces on a site plan? MS. HURRAY: The applicant plans on storing, in addition to the horticultural mulching operation, they would like to store roll off containers, dump trucks and other trucks on the site in addition to the equipment that they would use, plus their employees. Why they chose 60, I don't know. They're going to have to meet the minimum -- COHMISSIONER HANCOCK: What I'm afraid of is -- I'm afraid it's designed as a de facto outdoor storage area for commercial equipment and that would not be a -- that, I believe, would require a separate conditional use or maybe even be disallowed. COHMISSIONER CONSTANTINE: Under N-2, I think they -- MS. HURRAY: Under Exhibit D, under condition number six, we do limit the -- what can be stored, maximum of 15 dump trucks and 45 roll off containers. COHMISSIONER HANCOCK: They only use five a day, but they can store 15 and 45 roll off containers. Again, my concern is that the -- you know, are we turning this into a storage area for dump trucks and heavy machinery by this approval, because it seems excessive for their operation? MS. HURRAY: I -- staff recognized the potential for that to happen and in hopes, put that stipulation in of the 15 dump trucks and 45 roll off containers hoping to -- to eliminate or alleviate that. I do believe, and the petitioner can probably shed a little bit more light on that, that they do have other businesses elsewhere that utilize the roll off containers. COHMISSIONER HAC'KIE: At some point, are you going to talk about the smell issue associated with this? COHMISSIONER CONSTANTINE: I was gonna tick off three or four specific concerns before the petitioner got up, so if you can answer those, great, and if you can't, you'll know what the concerns are. The smell is one, just horticultural waste is naturally going to have some odor to it. We have outlined in our package the problem with dust in some detail. The concern about waste other than horticultural could potentially be dumped and stored on the site. Negative visual impact. Operation of machinery may create a safety hazard to adjacent property owners, I don't fully understand that. MS. HURRAY: I went out to the Collier County landfill and watched the primary piece of equipment that they would be using to grind up the horticultural waste into mulch and also spoke with the manufacturer of that equipment and did notice that there was a tendency for debris to fly out of the top of the machinery as it -- depending on what was being put into the grinder, sometimes you get construction debris that causes it to jam or stop and/or large logs or stumps cause things to fly out of the top. COMMISSIONER CONSTANTINE: I guess the dust, potential other types of waste, negative visual, the odor, the danger aspect, the trucking, and particularly if -- I don't know if you all have driven out there, these are private roads, but they are really, really bad. You could lose my Chrysler in one of the holes in some of these roads and -- COMMISSIONER HANCOCK: In canals also. COMMISSIONER CONSTANTINE: I'm just concerned long term, again, I don't want to get into an enforcement situation on private roads, but I am concerned about what's the impact of several big trucks a day using those, so those six areas are my specific concern. COMMISSIONER HANCOCK: Let me add one. I don't know if this is related to the operation on Yahl Street or in place of or any relation, so if you could clear that up for me. MR. HOOVER: Okay. For the record, Bill Hoover representing the petitioners. On the aerial photo, one thing we'd like to point out, the homes across the street, they're actually, I believe, set back about 200 feet would be my estimate from the road and all of them have wooded front yards or tree -- heavy trees in the front yard, and all four of the neighbors that abut this property that there's somebody living there, they've signed a petition supporting this project, and the neighborhood here, I think it should be pointed out, is a little bit different than what we may have in North Naples where, especially if you relate it to a condominium project, what we have here is, Mr. Yahl actually put this road in for the neighborhood at his own expense quite a few years back, so that's how this road actually came about. In the -- they're going to fix this road up through the intersection which is just to the east of this project if the petition is approved. The -- what they -- they actually do, is when a property is being cleaned for development, they would be taking the trees that are salvageable and storing them on the site and a semi would come in sometime, I presume, or a medium duty truck and haul these away so they can actually be used for making timber. Right now, the county does not have any facilities for recycling logs on any basis. All they have at the landfill is a giant chipper that shreds everything up into mulch, so what we would be doing, if you think about it, when you have a tree in here that's maybe 15 inches in diameter, if that's running through a mulcher like this, that's going to generate more stuff flying, but what we typically would be putting in here would be more like branches. Now, one other thing, I believe the -- the reason they have the smell from the county landfill, a lot of that ends up being grass clippings that have fertilizers, pesticides and things like that on it, so we're more into virgin type land that -- where a project's going in, and I think if you look at the alternative, maybe as the Sports Authority, when they went in there, so rather -- what we would be doing, rather than bringing the grinder to the site, in this case, it would have been Pine Ridge and Airport Road, we would be taking the stuff to the facility here. The trees would be separated. The rest would be turned into mulch and then it would be taken to sites that they're working on, so it may go to, let's say maybe Calusa Bay needs mulch, it would be brought into there. If you remember when the Sports Authority was -- was going in there, I was a little shocked, but they brought in a giant box and they had like a giant -- couple end loaders in there, they were throwing the logs right in the box and it had some kind of a -- maybe it was propane tanks, they were burning the logs inside the giant metal box right there at Pine Ridge and Airport Road, and I think what we're proposing here would allow that not to be an alternative. COMMISSIONER HANCOCK: You're saying a benefit is you don't contribute to global warming, is that the point? MR. HOOVER: Yes. Mr. Russo that's going to manage this for the Yahls, he works there right now, he would be living on the site in the house there and he would be maintaining the road and he's got -- he can address the rest of the comments. COMMISSIONER HANCOCK: Let me ask -- I did ask a question. Is there a similar operation under the same ownership in the industrial park on Pine Ridge? MR. HOOVER: Mr. Yahl -- or Mr. Russo could answer that. I'm not sure if there is. COMMISSIONER HANCOCK: Okay. MR. RUSSO: For the record, Bill Russo, and I work for Yahl Mulching and I'd be living out here at 2250 Washburn, which is the physical address of this petition, and your question was now? COMMISSIONER HANCOCK: Do you have a similar operation in the industrial park off Pine Ridge, a mulching or construction and debris -- MR. RUSSO: No, no, that's -- COMMISSIONER MAC'KIE: Somebody does. COMMISSIONER HANCOCK: Yeah, there's one in there that's a really bad neighbor, and that's why I was asking. MR. RUSSO: No, that's Yahl Street, which is named after Mr. Yahl who put Washburn in, but no, we have nothing to do with that. COMMISSIONER HANCOCK: You can see where I made the connection. MR. RUSSO: I can understand that. COMMISSIONER HANCOCK: Thank you. MR. RUSSO: Okay. There was a -- okay. There was a question on -- on the -- as far as the smell and what have you goes, and as Mr. Hoover pointed out, that basically a lot of the stuff hauled in from your golf courses, the grass and what have you, is the main cause of that, but also at the Planning Board meeting, we had agreed that the mulch would not stay on the premises for any longer than 120 days to -- to kind of satisfy, you know, any concern as far as the smell and what have you go. I'd like to show you something that -- basically, what we're trying to do is a recycling of our natural resources and I would -- COMMISSIONER NORRIS: Mr. Russo, you have to be on the microphone to speak. MR. RUSSO: I don't have an additional one of these. All I have is -- COMMISSIONER HAC'KIE: If you'll hand it to Mr. Weigel, he'll pass it -- MR. RUSSO: I just want to show you what's being -- what can be done with mulching. This is -- this is brand new. I don't even think this is -- this is what's been developed within the last three to six months. COMMISSIONER HAC'KIE: You know, there was a problem in Code Enforcement where somebody off of Bayshore, I think, was complaining about there being -- City of Naples had put mulch on a property and, you know, that just caused, to say a big stink would be a bad pun, but caused a big problem, but -- MR. RUSSO: Well, this new process is -- they're running it through a machine and they're actually staining it, they're painting the mulch and they're using it for decorative -- COHMISSIONER HAC'KIE: That's kind of cool. MR. RUSSO: Yeah. As a matter of fact, in Orlando, this is very big now. They've been doing this for quite some time. COHMISSIONER HAC'KIE: Disney mulch. MR. RUSSO: Yeah, they stain it any color you want. COHMISSIONER HAC'KIE: Hickey mulch. COHMISSIONER HANCOCK: It's almost as bad as saying they're doing it on the east coast, you know, we just kind of recoil from that. MR. RUSSO: I'd like to touch on a couple things. The parking, I think was a question. When we originally put in for this petition and what have you, we were told to put in for what's the worst case scenario. If we have a hurricane tomorrow morning, naturally, we've got to pull our 70 containers in which we have and have someplace to put them. We work with 70 containers. We can't -- I don't see any -- at any one given time having 45 containers on this particular site. COHMISSIONER HAC'KIE: Unless there's a hurricane. MR. RUSSO: Yeah. I mean, if we have a hurricane coming, we're going to gather all of our equipment, we're going to store it and then do what we have to do afterwards. We make our money with our containers. Leaving our containers stored on this site is not what we want to do. We were just looking at -- this was over like a five or ten year, what the worst case scenario could actually be. COHMISSIONER HANCOCK: Would you have that area paved? MR. RUSSO: No, it's all lime rock. COHMISSIONER HANCOCK: Okay. MR. RUSSO: It's all lime rock. As far as the maintaining of the road and what have you, I live out there with my wife and my two children. I maintain the road. It's -- I would say right now, at this point, it's 100 percent better than what it was three weeks ago. I have graded this road. We have a piece of equipment out there to do this on a daily basis, if need be. I do it myself. Mr. Yahl will also be doing it. We -- we don't want to -- we want to keep happy neighbors. We don't want to have any problems with our neighbors and I can't afford to run our trucks up and down this street if the conditions aren't satisfactory. It's just -- the maintenance and repairs is -- it would be astronomical. COHMISSIONER HANCOCK: Ms. Hurray, if -- on a conditional use, if we find at some point that the road conditions are not being kept up, what is the recourse? Is it a zoning violation then because it was a part of a conditional use application where it has to come back before this board? MS. HURRAY: It would be a code enforcement case. COHMISSIONER HANCOCK: It would be a Code Enforcement case? MR. HULHERE: For the record, Bob Hulhere. If you put a condition on -- on the approval of this and that condition is not met at any time, then it would be a Code Enforcement case which could -- could ultimately end up at the Code Enforcement Board. COHMISSIONER HANCOCK: Ms. Hurray, do you have any opposition from neighbors? MS. HURRAY: No. In fact, the petitioner was correct in stating that I have received one, two, three, four letters in support. In fact, the -- the person I was most concerned about was the property on the east and they sent me a letter also supporting -- COMMISSIONER MAC'KIE: When you were out at the county landfill, I know you said you know there was some debris flying and it -- that's not a fair question. I was gonna ask you if it smelled bad, but -- COMMISSIONER HANCOCK: Let's stick to the issue here, Commissioner Mac'Kie. COMMISSIONER HAC'KIE: Not gonna go there. MS. HURRAY: I'll give you my opinion that's in the staff report. I personally found it to smell pretty nice compared to what else was around there that smelled pretty bad. COMMISSIONER CONSTANTINE: Thank you. Can I get you to come back in March? MR. RUSSO: Your concern about the flying debris, this tub grinder, it has deflectors in it. The machine we're getting has deflectors. They also -- they run this operation right in Naples. You can stand on Goodlette Road and you can watch this operation going full time. COMMISSIONER CONSTANTINE: Is that where that flying debris comes onto Goodlette from? MR. RUSSO: There's no material debris, and a lot of it depends on the material you're putting in and the operator who's operating this equipment, you know. I mean this has all got to be taken into consideration. COMMISSIONER HAC'KIE: Are you going to do this fancy Hickey mulch? COMMISSIONER CONSTANTINE: Hickey mulch? MR. RUSSO: That's what we're looking for, yes, that's it. They do have it there, by the way, because this is where it was started. This is why -- Shetwin Williams actually is the supplier for the stain and stuff. CHAIRPERSON BERRY: So you can really buy colored -- MR. RUSSO: Yes, you can. Yes, you can. It's recyclable. COMMISSIONER HANCOCK: I hate to get back to the land use issue, but you know, this -- to me, this borders, it's questionable as to whether or not this is an agricultural versus a production or industrial use, but the fact that the immediately adjacent properties don't have an objection to it and we have commitments of road maintenance with a history of road maintenance, I'm a little more comfortable with this than I was 20 minutes ago. COMMISSIONER HAC'KIE: Me too. COMMISSIONER HANCOCK: If there were some concerns or complaints by adjacent residents or no history of road maintenance out there, I don't think I'd be inclined in any way to consider this, but based on what we've heard, it's a little risky, but I -- I don't know that it's all bad. CHAIRPERSON BERRY: Okay. Are there any further questions? Then I'll close the public hearing. Do I have a motion? COMMISSIONER NORRIS: Motion to approve. COMMISSIONER HAC'KIE: Second. CHAIRPERSON BERRY: We have a motion and a second to approve. MS. HURRAY: Excuse me, two stipulations that were recommended to you by the Planning Commission. Did you want to include those? COMMISSIONER NORRIS: Those are included, yes, in my motion. COMMISSIONER HAC'KIE: Certainly. CHAIRPERSON BERRY: Okay. I'll call for the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five, zero. Thank you very much. Item #13B1 RESOLUTION 98-28, REGARDING PETITION CU-94-20 FOR A THIRD EXTENSION OF A CONDITIONAL USE FOR PROPERTY LOCATED ON BAILEY LANE WEST OF AIRPORT ROAD, MIDWAY BETWEEN PINE RIDGE ROAD AND GOLDEN GATE BOULEVARD IN COLLIER COUNTY, FLORIDA - ADOPTED And the last petition is related -- or is CU-94-20. COHMISSIONER HANCOCK: As much as I'd love to drag this out -- COHMISSIONER CONSTANTINE: Just a third extension of -- COHMISSIONER HAC'KIE: Same old, same old. COHMISSIONER CONSTANTINE: Mr. Hulhere, I assume nothing's changed since the last two extensions? MR. HULHERE: That's correct, sir. COHMISSIONER HANCOCK: And this is the final extension? MR. HULHERE: That is correct, final -- third extension request. COHMISSIONER HANCOCK: Madam Chairman, if you would close the public hearing and the petitioner doesn't mind, I'd like to make a motion. CHAIRPERSON BERRY: I will do that if you'll stop talking. COHMISSIONER HANCOCK: Move approval of CU-94-20. COHMISSIONER HAC'KIE: Second. COHMISSIONER CONSTANTINE: Can you put applause in parentheses? COHMISSIONER HANCOCK: You're just jealous because I beat you to the motion. CHAIRPERSON BERRY: We have a motion and a second to accept this -- approve this petition. COHMISSIONER HANCOCK: Speaking of dragging things out. CHAIRPERSON BERRY: Anyway, after -- this is the third extension. All those in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five, zero. Item #15A BOARD OF COUNTY COHMISSIONERS' COHMUNICATIONS - LUNCH WITH THE COLLIER COUNTY HISTORICAL SOCIETY TO BE HELD ON FEBRUARY 17, 1998, AT 12 NOON AT THE PALM COTTAGE Down to staff communications. Mr. Weigel? MR. WEIGEL: Nothing, thank you. COHMISSIONER HAC'KIE: Good answer. CHAIRPERSON BERRY: Mr. HcNees? MR. HCNEES: No, ma'am. CHAIRPERSON BERRY: Okay. County commissioners? COHMISSIONER HAC'KIE: Wouldn't think of it. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: We've had plenty of discussion. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: I'm going to aggravate you guys a little bit. CHAIRPERSON BERRY: I cancelled appointments, so take the rest of the afternoon. COHMISSIONER CONSTANTINE: All right. Fair enough. The Collier County Historical Society, I mentioned last week they wanted to get together with us. We have set February 17th, a noon luncheon that day at Palm Cottage, and they are -- have a -- we're crafting an agenda for that right now, which we'll get to each of you and, of course, to the county attorney to make sure we advertise that we'll all be lunching at Palm Cottage. Second thing was, Commissioner Norris already mentioned it before the break, and I was just -- I don't know what happened with the Planning Commission member, what that outburst was all about. If there was something that went on inappropriate there, we ought to deal with that. If not, that's fine, but we've already covered that. Item #15B DISCUSSION RE AUDIO/VISUAL ENHANCEMENTS Just a final thought, and that's on the audio and video enhancements that we approved earlier, what seems like weeks ago now, but earlier today, not only will that make these meetings more efficient -- the equipment they've put together is very, very good, it's good value for the money, but not only will it make it more efficient and more user friendly and audience friendly here, it's gonna really allow them to beef up the use of Channel 54, and while we have filled in much of that, I think this is gonna allow them to do some fairly inexpensive production on what the county offers, different places, what programs are going on, and really take advantage of that asset, so I wanted to compliment Jean and the crew on that. CHAIRPERSON BERRY: Good. Commissioner Hancock? COHMISSIONER HANCOCK: No, ma'am, I only need to be reprimanded once. CHAIRPERSON BERRY: I have nothing further either. Miss Filson, anything? MS. FILSON: I have nothing. Thank you. ***** Commissioner Hancock moved, seconded by Commissioner Mac'Kie , and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted with changes: Item #16A1 EXCAVATION PERMIT NO. 59.631, TO THE CLUB ESTATES L.C. (RICHARD K. BENNETT, TRUSTEE) - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A2 AUTHORIZATION TO APPROVE THE FINAL PLAT OF "SAWGRASS", A SUBDIVISION - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 CHANGE ORDER NO. 3 TO WORK ORDER WHBP-FT-96-4 WITH WILSON, HILLER, BARTON AND PEEK, INC., FOR DEVELOPMENT OF FINAL DESIGN PLANS FOR LIVINGSTON ROAD BETWEEN RADIO ROAD AND GOLDEN GATE PARKWAY IN THE A_MOUNT OF $16,130.00 Item #1682 - Moved to Item #885 Item #1683 - Deleted Item #1684 - Deleted Item #1685 PETITION TH 96-007 FOR NEIGHBORHOOD TRAFFIC MANAGEMENT TO CALM TRAFFIC ON PALM DRIVE WITHIN THE GLADES COUNTRY CLUB, NAPLES SUNRISE AND SUNRISE III COHMUNITIES IN THE AMOUNT OF $6,225.00 Item #1686 REDISTRIBUTION OF A PORTION OF FUND 152 RESERVES FOR ADDITIONAL MAINTENANCE SERVICES FOR LELY GOLF ESTATES BEAUTIFICATION HSTU - IN THE AMOUNT OF $18,500.00 Item #16C1 - Continued to February 3, 1998 GRANT OF EASEMENT TO FLORIDA POWER & LIGHT COMPANY UPON REAL PROPERTY OWNED BY THE BOARD OF COUNTY COHMISSIONERS OF COLLIER COUNTY, FLORIDA Item #16C2 BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD FROM FY 97 AND GRANT REVENUES FOR CAPITAL PROJECTS IN THE PARKS CAPITAL FUNDS (306, 345, 365, & 368), AND $1,640.00 IN ADDITIONAL FUNDING FOR THE BLUEBILL AVE. OFF SITE PARKING PROJECT Item #16El - Continued Indefinitely LINE ITEM TRANSFER REQUEST FROM GULF BAY MARINE MANAGEMENT, INC. FOR TARPON FISHING TOURNAMENT, TOURIST DEVELOPMENT FUNDS, SPECIAL EVENTS Item #16G1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the BCC has been filed and/or referred to the various departments as indicated: Item #16H1 EXECUTION OF THE PREVIOUSLY APPROVED STATE OF FLORIDA, DEPARTHENT OF COHMUNITY AFFAIRS, STOP VIOLENCE AGAINST WOMEN GRANT DOCUMENTS AND APPROVAL OF THE RELATED BUDGET AMENDMENT CHAIRPERSON BERRY: Meeting is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:18 p.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD (S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BARBARA B. BERRY, CHAIRPERSON ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Heather L. Casassa, RPR