Recap 12/09/1997 R December 9, 1997
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
December 9, 1997
9 = 00 A .M
NOTICE= ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING.
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 AGENDA AND CONSENT AGENDA
Approved and/or Adopted with changes 5/0
4. APPROVAL OF MINUTES
Approved as Presented 5/0
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
B. SERVICE AWARDS
Presented
1) Elizabeth Gaw - Library - 20 years
2) Helen Ortega - EMS - 15 years
C. PRESENTATIONS
1) Presentation to announce the Collier County Museum's program of
events for 1998 in honor of Collier County's 75th anniversary
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December 9, 1997
celebration.
Presented
2) Recommendation to recognize Edward Torroni, Assistant to the
Athletic Supervisor, Parks and Recreation Department, Public
Services Division, as Employee of the Year for 1997.
Presented
6. APPROVAL OF CLERE'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Status of Board of County Commissioners' action pursuant to
sunsetting provisions (Section 2.7.3.4) of the Collier County
Land Development Code relative to the Saddlebrook Village PUD
(Ordinance 91-55) and companion affordable housing density
bonus agreement and to affirm or repeal Resolution 91-55.
Res. 97-453 - Adopted as amended 5/0
2) A Resolution of the Board of County Commissioners authorizing a
new agreement for affordable housing density bonus and imposing
covenants and restrictions on real property.
Res. 97-452 - Adopted as amended 4/1 (Commissioner Constantine
opposed)
B. PUBLIC WORKS
Consideration of an Agreement between Collier County and the
City of Naples that provides for appropriate modifications to
the Golden Gate Boulevard Improvement Project which are
necessary to accommodate the City of Naples raw water main.
Approved - 5/0
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
ADDED
1) Request for board to adopt the accompanying resolution opposing
House Bill 3185, relating to certain ratemaking provisions of
investor-owned water and wastewater utility systems, before the
1998 regular session of the Legislature (staff's request).
Res. 97-454 - Adopted 5/0
F. AIRPORT AUTHORITY
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December 9, 1997
9. COUNTY ATTORNEY'S REPORT
A. Recommendation to consider and approve settlement of Rookery
Bay Utility Co. v. Collier County, Case No. 96-1-CIV-FTM-23D,
United States District Court for the Middle District of
Florida.
Approved w/changes 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the County Government Productivity
Committee.
Res. 97-455 appointing William Ebben Adopted 5/0
ADDED
B. Discussion for a joint Lee/Collier meeting with the Army Corps
of Engineers on December 17th to discuss the proposed study
(Commissioner Hancock).
Meeting to be held December 17, 1997 at 9200 A.M. - 5/0
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-82-6(3), Granite Development, L.C., requesting an
amendment to the Sabal Lake PUD (Ordinance 82-41, as amended)
for the purpose of modifying Section 4.5 pertaining to setbacks
and in particular separation between principal and accessory
structures for property located on Radio Road (C.R. 856)
approximately ~ mile east of Santa Barbara Boulevard in Sec. 4,
TSOS, R26E.
Ord. 97-78 Adopted 5/0
2) Petition PUD-93-1(3), George L. Varnadoe of Young, van
Assenderp and Varnadoe, P.A., representing WCI Communities,
L.P., for a rezone from "PUD" Planned Unit Development to "PUD"
Planned Unit Development having the effect of amending the
Pelican Marsh PUD, Ordinance No. 95-4, for the purpose of
redefining the development strategy and master plan for that
portion of Pelican Marsh lying east of Airport-Pulling Road
(C.R. 31} and the area of Vanderbilt Beach Road/Goodlette-Frank
Road intersection for a 4.70 "CF" parcel which will result in
a reduction to the number of dwelling units authorized from
5,600 to 5,100 dwelling units while revising the authorized
amount of commercial development by decreasing retail and
office space and increasing hotel space as well as providing
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December 9, 1997
for a new Master Plan iljustrating a 27 hole golf course and
increased open space in that part of the Pelican Marsh
Community lying east of Airport-Pulling Road (CR. 31) and
designating a 4.7 acre parcel of land at the southeast corner
of Vanderbilt Beach Road/Goodlette-Frank Road (C.R. 851) for a
community facility type of land use, and a boundary change on
the western most parcel, having the effect of deleting 3.4
acres from the Pelican Marsh Community for property located
immediately north of and contiguous to Vanderbilt Beach Road
(C.R. 901) from Airport-Pulling Road (C.R. 31) to U.S. 41 North
in Secs. 25, 27, 34, 35 and 36, T48S, R26E, consisting of 2,072
acres. (Companion to Agenda Item 12C.2 and 12C.3)
Ord. 97-79 Adopted 5/0
3) Petition PUD-97-13, Michael R. Fernandez, AICP, of Planning
Development Incorporated representing Anthony J. Hartig
requesting a rezone from "A" Rural Agricultural to "PUD"
Planned Unit Development for a mixed use project that
establishes two tracts, Tracts "A" (1.82 acres) and "B" (6.94
acres) for medical and related uses on Tract "A" and medical
and related uses or public facilities and institutional uses or
42 mixed residential dwelling units on Tract "B" for property
fronting on the south side of Immokalee Road (C.R. 846) lying
approximately 300 feet west of Veterans Park Drive in Sec. 26,
T48S, R25E, consisting of 8.76 acres, more or less.
Ord. 97-80 Adopted w/changes 4/1 (Commissioner Mac'Kie opposed)
C. OTHER
1) An Ordinance amending Collier County Ordinance 95-22 which
establishes the Immokalee Enterprise Zone Development Agency.
Ord. 97-81 Adopted 5/0
2) A resolution of the Board of County Commissioners determining
that revisions to the Pelican Marsh Development Order do/do not
constitute a substantial deviation requiring further
Development of Regional Impact review. (Companion to Agenda
Item 12B.2 and 12C.3)
Res. 97-456 determining that changes do not constitute a
substantial deviation - Adopted 5/0
3} Petition DOA-97-4, George L. Varnadoe of Young, van Assenderp
and Varnadoe, P.A., representing WCI Communities, L.P., for an
amendment to the Pelican Marsh Development Order 95-1, as
amended by Development Order 95-5, Resolution 95-555, for the
purpose of redefining the development strategy and Master Plan
for that portion of Pelican Marsh lying east of Airport-Pulling
Road (C.R. 31) and the area of Vanderbilt Beach Road/Goodlette-
Frank Road intersection for a 4.70 "CF" parcel, which will
result in a reduction to the number of dwelling units
authorized from 5,600 to 5,100 dwelling units while revising
the authorized amount of commercial development by decreasing
retail and office space and increasing hotel space as well as
providing for a new Master Plan iljustrating a 27 hole golf
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December 9, 1997
course and increased open space in that part of the Pelican
Marsh Community lying east of Airport-Pulling Road and
designating a 4.7 acre parcel of land at the southeast corner
of Vanderbilt Beach Road/Goodlette-Frank Road for a community
facility type of land use and a boundary change on the western
most parcel having the effect of deleting 3.4 acres from the
Pelican Marsh Community for property located immediately north
of and contiguous to Vanderbilt Beach Road (C.R. 901) from
Airport-Pulling Road (C.R. 31) to U.S. 41 North in Secs. 25,
27, 34, 35 and 36, T48S, R26E, consisting of 2,072 acres.
(Companion to Agenda Item 12B.2 and 12C.2)
Development Order 97-4/Res. 97-457 Adopted w/changes 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition 0SP-97-3, William L. Hoover, AICP, of Hoover Planning
Shoppe representing James S. Lindsay, Bank Director of First
National Bank of Naples - Golden Gate Branch, requesting
approval of off-site parking and a bank ATM for property
described as Lots 31 and 32, Block 84, Golden Gate Unit 3 (less
the easterly 40 feet of Lot 31) to serve the existing business
located on Lots 1-3, Block 84, Golden Gate Unit 3, which
business is located at 4794 Golden Gate Parkway, Sec. 28, T49S,
R26E, lying south and west of U.S. 41.
Res. 97-458 Adopted 5/0
2) Petition CU-97-17, Beau Keene, P.E., representing Jerry R.
Hooks and Catherine J. Boyette requesting Conditional Use "23"
of the "A" Zoning District for a sporting and recreational camp
including airboat tours for property described as that part of
Sec. 36, TS1S, R27E, lying south and west of U.S. 41,
consisting of 194+/- acres.
Res. 97-459 Adopted w/changes 4/1 (Commissioner Mac'Kie
opposed)
3) Petition V-97-13, Dennis Cronin of Bond, Schoeneck & King,
P.A., representing W. Franklin & Carol B. Ellis requesting an
after-the-fact variance of 2.39 feet from the required side
yard setback of 7.5 feet to 5.11 feet for an existing pool
screen enclosure located at 710 Hollybriar Lane in Pelican Bay.
Res. 97-460 Adopted 5/0
4} Petition V-97-10, Mr. Kelly Huff requesting an after-the-fact
variance of 10 feet 5 inches from the required 30 foot side
yard setback to 19 feet 7 inches for property located on the
north side of llth Avenue S.W., further described as the east
180 feet of Tract 53, Unit 26, Golden Gate Estates Subdivision
in Sec. 15, T49S, R26E.
Res. 97-461 Adopted 3/2 (Commissioners Norris and Hancock
oppposed).
5) Petition V-97-12, Alfred W. French representing Seacrest
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December 9, 1997
Country Day School requesting a 6 foot height variance from the
required 30 foot maximum height limit in the Estates Zoning
District for property located on the south side of Davis
Boulevard and opposite Berkshire Lakes in Sec. 8, TSOS, R26E.
Res. 97-462 Adopted 5/0
B. OTHER
14. STAFF'S COMMUNICATIONS
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 w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final acceptance of the roadway,
drainage,water and sewer improvements for the final plat of
"Stella Maris".
Res. 97-451
2) Recommendation that the Board of County Commissioners approve a
permit fee waiver for a special event benefiting the Boy Scouts
of America Troop 274.
B. PUBLIC WORKS
1) Authorize staff to reject the response from RFP 97-2724
("Financial Audit/Solid Waste Collection Service Contractors")
and re-bid using different specifications.
2) Award a Construction Contract to the Master's Group, Inc. for
Cocohatchee East & West AMIL Gates Repair and Rehabilitation,
Bid No. 97-2752.
In the amount of $61,930.00
3) Approve a Developer Contribution Agreement between Collier
County and Centex Homes, Inc. for road impact fee credits in
return for the developer accepting stormwater runoff from the
Goodlette-Frank Road Four-Lane Project from Pine Ridge Road to
Vanderbilt Beach Road (C.I.E. 065).
4) Award a Contract for Max Hasse Community Park Basketball
Pavilion Bid 97-2730.
Awarded to Taylor Pansing, Inc. in the amount of $119,490.00
5) Ratify and approve a one year extension to Contract 95-2388,
Material Testing Services.
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December 9, 1997
One year renewals for Ardaman & Assoc.~ Law Engineering~ and
Universal Engineering Services, Inc.
6) Award Bid No. 97-2743 to Horticultural Industries, Inc. for
Davis Boulevard Phase 1 Median Irrigation and Landscaping
Improvements (U.S. 41 to Airport-Pulling Road).
In the amount of $333,500.00
C. PUBLIC SERVICES
D. SUPPORT SERVICES
1) Approval of an Agreement between Collier County Government and
Insurance and Risk Management Services, Inc. for Property and
Casualty Insurance Brokerage Services.
E. COUNTY ADMINISTRATOR
1) Approval of the attached budget amendment recognizing funds
received from cable franchise renewals.
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED.
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
1) Recommendation that the Board approve the Agreement in the
lawsuit entitled Collier County vs. Community Development
Corporation of Southwest Florida - Hickory Bay West, et al. And
to authorize the Chairman to execute the Agreement and all
necessary documents pertaining thereto.
J. AIRPORT AUTHORITY
17. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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