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Recap 04/28/1998 R April 28, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 28, 1998 9z00 a.m. NOTICEz ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS.. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12~00 NOON TO 1~00 P.M. 1. INVOCATION - Rev. Harold Brown, Lely Presbyterian Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENUA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 4. APPROVAL OF MINUTES Approved as Presented 5/0 A. April 7, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming week of May 3-9, 1998 as Drinking Water Week. To be accepted by Edward Finn, Interim Water Director. Adopted 5/0 2) Proclamation proclaiming week of May 17-23, 1998 as National Public Works Week. To be accepted by Ed Ilschner, Public Works Administrator. Page 1 April 28, 1998 Adopted 5/0 3) Proclamation proclaiming Saturday, May 2, 1998 as Hispanic Heritage Day in Collier County. Adopted 5/0 B. SERVICE AWARDS Presented 1) Barbara Pedone - County Administrator's Office - 15 years. 2) Glenn Price - Stormwater Management - 15 years. 3) Louise Hardy - Parks & Recreation - 5 years. 4) Jacqueline Hart - Parks & Recreation - 5 years. C. PRESENTATIONS Presented 1) March of Dimes WalkAmerica event report to the Board of County Commissioners. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Paul Harvey of Fish Finders, Inc., requesting waiver of park fees at Cocohatchee Park and Barefoot Beach Preserve for a kids' fishing tournament as part of the Silver Slam event. Approved 5/0 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) CONTINUED FROM 4/7/98 - Approve an Alternate Road Impact Fee Calculation for the Naples Heritage Golf and Country Club (NHGCC) Development. Denied 4/0 (Commissioner Hancock abstained) Added 2. Emergency Approval of $6,400 to pay for materials to install 400 feet of culvert extending under the access road to Sawgrass Subdivision to reconnect the existing ditch. (Commissioner Hancock) Approved 5/0 C. PUBLIC SERVICES D. SUPPORT SERVICES Page 2 April 28, 1998 E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Health Planning Council Res. 98-108 appointing William Shafer - Adopted 5/0 B. Appointment of member to the Utility Authority. Res. 98-109 appointing Robert Bennett - Adopted 5/0 C. Appointment of member to the Hispanic Affairs Advisory Board. Res. 98-110 appointing Sandra Buxton - Adopted 5/0 Added D. Status of Free Trade Zone and Customs Officer. Chairman to send a letter in support of a Customs Officer within the area - 5/0. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 1. Jack Pointer 2. Ty Agoston PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition No. PUD-86-22(1), Dr. Neno J. Spagna representing Peter and Mark Longo, requesting a rezone from "PUD" to "PUD" to comply with the sunsetting requirements of section 2.7.3.4 of the Collier County Land Development Code and to reformat the original Pine Ridge Center PUD into a style presently utilized by all new PUDs for property located in the southwest quadrant of the Pine Ridge Road (CR-896) and 1-75 Interchange Activity Center, east of Pine Ridge Center West PUD, located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of approximately 8.73 acres. Ordinance 98-31 - Adopted with changes 5/0 2) Petition No. PUD-88-11(1}, Dr. Neno J. Spagna representing Anthony F. Jancigar, Trustee, requesting a fezone from "PUD" to Page 3 April 28, 1998 "PUD" to comply with the sunsetting requirements of section 2.7.3.4 of the Collier County Land Development Code and to reformat the original Pine Ridge Center West PUD into a style presently utilized by all new PUDs for property located in the southwest quadrant of the Pine Ridge Road (CR-986) and 1-75 Interchange Activity Center, west of Pine Ridge Center PUD, located in section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of approximately 8.87 acres. Ordinance 98-32 - Adopted with changes 5/0 Continued to May 12, 1998 3) CONTINUED FROM 4/14/98 Petition No. PUD-96-12, J. Gary Butler, P.E. representing Royce O. Stalling, Jr., requesting a fezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a multi-family development for property located east and adjacent to Santa Barbara Boulevard, one-half mile north of Davis Boulevard (SR-84) in the south ~ of section 4, Township 50 South, and Range 26 East, Collier County, Florida, consisting of approximately 39.82 acres. 4) Petition No. PUD-87-40(3), Douglas A. Wood of Siesky, Pilon & Wood representing Falling Waters Beach Resort, Limited, requesting an amendment to amend the Woodfield Lakes PUD for the purpose of changing the name of the PUD; To delete a stipulation requiring an access road from the project to U.S. 41 East (Tamiami Trail East) and to rezone 2.5 acres from "A" Rural Agricultural to "PUD" Planned Unit Development and to incorporate same into the renamed PUD for property located east of C.R. 951 and on the north side of U.S. 41, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 69.32 acres, more or less. Ordinance 98-33 - Adopted with changes 5/0 5) CONTINUED FROM 4/14/98 Petition No. PUD-91-2(1) William R. Vines, of Vines & Associates, Inc., representing Robert S. Hardy, requesting a fezone from PUD to PUD having the effect of amending the Northbrooke Plaza PUD to increase the amount of gross floor area devoted to retail/service/offices; revising the number of development tracts from three to two; making other changes to the PUD to reflect changes that have occurred since the PUD was first approved and to update the references to those in effect, and to amend the Master Plan for property located in the northwest quadrant of 1-75 and Naples-Immokalee Road (C.R. 846), in Section 19, Township 48 South, Range 26 East, containing 43 acres, more or less. Tabled for further information - 5/0 Ordinance 98-34 - Adopted with changes 5/0 6) Community Development and Environmental Services Division representing the Collier County Board of Commissioners requesting the following street names changes for streets located in Golden Gate Estates, Unit 95, Section ~t Township 49 South, Range 26 East, Collier County, Florida; 1 Avenue N.W. Page 4 April 28, 1998 is to be changed to Teak Wood D[~ve; 3rd Avenue N.W. is to be changed to Coral Wood Drive; ~ Avenue N.W. is to be changed to Hickory Wood Drive; and 7t Avenue N.W. is to be changed to Cherry Wood Drive. Resolution 98-111 Adopted 5/0 C. OTHER 1) Petition AV 98-005 to vacate a portion of the platted 10 foot wide Drainage Easements on Lots 3, 4, 10, 11, 27, 28, 32, 33 and 37, Tract 5, according to the Plat of "Pelican Strand Replat-lB" as recorded in Plat Book 29, Pages 23 through 27, Public Records of Collier County, Florida. Resolution 98-112 - Adopted 5/0 2) Petition AV 97-029 to vacate a portion of a 7.5 foot wide Drainage Easement in Lot 1, Block C, and to vacate a portion of a 7.5 foot wide Drainage Easement in Lot 9, Block C, according to the Plat of "Briarwood Unit Two", as recorded in Plat Book 22, Pages 92 through 94, Public Records of Collier County, Florida. Resolution 98-113 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-97-27, William L. Hoover, AICP, of Hoover Planning, and Beau Keene, PE, representing Golden Gate Assembly of God Church, requesting Conditional Use "1" of the Estates Zoning District for reconfiguring the property boundaries of an existing church and for addition of buildings 8~d parking for property located at the Northeast corner of 39 Street SW and 29 Avenue SW, in Section 36, Township 49 South, Range 26 East, consisting of 5.07+/- acres. Resolution 98-114 - Adopted 5/0 2) Petition No. V-98-4 Robert L. Duane representing Naples Community Hospital requesting a 30 foot dimensional variance from two required 15 foot setbacks to zero feet, to construct a building across a common property boundary in PUD zoning districts, for property located in the Collier Health Center PUD and the North Naples Medical Park PUD zoning districts, located in sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida. Resolution 98-115 - Adopted 5/0 3) CONTINUED TO 5/12/98 Petition CU-98-2, Kim Patrick Kobza, Esquire, of Treiser, Kobza & Volpe, representing Germain Properties of Columbus, Inc., requesting Conditional Use "4" of the C-4 zoning district for a used car lotthfor property located on Golden Gate Parkway, east of 50 Street SW and west of Tropicana Boulevard, further described as lots 3, 4, 5 & 6, Block 248, Golden Gate, Unit 7, in Section 28, Township 49 Page 5 April 28, 1998 South, Range 26 East, consisting of 0.57+/- acres. 4) Petition V-98-3, Anita L. Jenkins of Wilson Miller, Barton & Peek, Inc., representing Naples HRS Partnership, requesting a 6 foot variance from the required side yard setback of 15 feet to 9 feet for property located at 215 North Airport Road, further described as Tract "B" of Airport Road Plaza, in Section 36, Township 49 South, Range 25 East, Collier County, FL. Resolution 98-116 - Adopted with changes 5/0 5) Petition V-98-1, A. Kurt Ardaman, representing ABC Liquors, Inc., requesting a 15 foot variance from the required 15 foot landscape buffer strip to zero (0) feet for property located on the north side of Tamiami Trail East and further described as Lot 36, Naples Grove and Truck Company's No. 2, in section 11, Township 50 South, Range 25 East, Collier County, Florida. Continued Indefinitely - 5/0 B. OTHER 14. STAFF'S COMMUNICATIONS A. County Attorney regarding Lorenzo Walker's property 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve Commercial Excavation Permit No. 59.639 Grey Oaks Phase 1-B Lakes 26, 27 and an addition to Lake 22, located in Sections 24 and 25, Township 49 South, Range 25 East: generally bounded on the North by World Tennis Center and Kensington PUD, on the West by Airport Road, on the South by Golden Gate Parkway, and on the East by Wyndemere and the proposed Livingston Road. 2) A resolution approving the Local Housing Assistance Plan (HAP) for fiscal years 1998-1999, 1999-2000 and 2000-2001 as required by the Florida State Housing Initiatives Partnership (SHIP) Program; Approving a maximum award schedule; Approve increasing administrative costs of the HAP to a maximum of ten percent of the total allocation; Authorizing submission of the HAP to the Florida Housing Finance Corporation for review and approval; Authorizing the necessary certifications by the Chairman of the Board of County Commissioners; Approving the Inter-Local Agreement; and approving the effective dates. Resolution 98-106 Page 6 April 28, 1998 3) Request to accept an alternate security for Waterways of Naples Unit Two, and to enter into a new construction and maintenance agreement with the Developer. B. PUBLIC WORKS 1) Adopt a Resolution authorizing the acquisition of land by gift or purchase of fee simple title interests and/or non-exclusive perpetual, road right-of-way, sidewalk, utility, drainage, maintenance, driveway restoration and temporary construction interests by easement for Golden Gate Boulevard Project, CIE No. 62. Resolution 98-107 C. PUBLIC SERVICES 1) Approval of a Renewal of Sovereignty Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. D. SUPPORT SERVICES 1) Amendment to the Hazards Analyses Update Agreement. 2) Agreement between Collier County and the Florida Department of Community Affairs for the Development of a Unified Mitigation Strategy for Collier County and its Municipalities. E. COUNTY ADMINISTRATOR 1) Recommendation that the Board of County Commissioners award Bid #98-2791 for bollard lighting in Pelican Bay and approve a Budget Amendment for transfer of funds from Capital Outlay to Other Operating Supplies. Awarded to Stonelight Corp. in the mount of ${6,740.00 2) Budget Amendment Report. BA 98-209 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. OTHER CONSTITUTIONAL OFFICERS 1) Endorse the Sheriff's Office grant application for funding for the State of Florida, Department of Community Affairs' Anti- Drug Act Formula Grant Program. (Serious Habitual Offender Comprehensive Action Plan Program). 2) Endorse the Sheriff's Office grant application for continued Page 7 April 28, 1998 funding for the State of Florida, Department of Community Affairs' Anti-Drug Act Formula Grant Program. (Street Gang Prevention and Apprehension Program). I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 17. 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