Recap 02/08/2000 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, February 8, 2000
9:00 a.m.
NOTICE: 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.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE
CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO
YOU, TO THE PROVISION OF .CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING
DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
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February 8, 2000
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Reverend Maryann Dorner, Church of the Resurrection
2. PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
Approved and/or adopted with changes - 5/0
APPROVAL OF CONSENT AGENDA.
APPROVAL OF SUMMARY AGENDA
APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
Approved as presented - 5/0
A. January 11, 2000 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming the week of February 21-27, 2000 as National
Patriotism Week. To be accepted by Ms. Joanne Newby, Chairman of
Americanism Committee, Naples Elks Lodge #2010
Adopted - 5/0
2)
Proclamation proclaiming the week of February 14-18, 2000 as National
School Counseling Week in Collier County. To be accepted by Ms. Kathy
Thomson, Center Director, Sylvan Learning Center
Adopted - 5/0
Added:
3)
4)
Proclamation proclaiming the week of February 13-19, 2000 as Friends of
the Library Week. To be accepted by Mr. Richard Benson, President,
Friends of the Library.
Adopted - 5/0
Proclamation proclaiming the week of February 12-19, 2000 as Career
and Technical Education Week. (Commissioner Constantine)
Adopted - 5/0
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February 8, 2000
SERVICE AWARDS
Presented
1)
2)
3)
4)
5)
Henry Bickford, Road and Bridge - 25 Years
Mary Jo Thurston, Revenue Services o 20 Years
Donald Eckert, Sr., EMS- 15 Years
Gilberto Garcia, Road and Bridge - 10 Years
Jerry Tharp, Wastewater - 5 Years
C. PRESENTATIONS
1)
Recommendation to recognize Jerry Tharp, Operator II, Safety
Coordinator, Wastewater Department, as Employee of the Month for
February 2000.
Recognized
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition ST-99-03
Paula Davis, Keystone Custom Homes, represented by their agent David
Farmer, P.E., of Coastal Engineering, Inc., requesting a Special
Treatment Development Permit to allow construction of residential single
family lots, streets and associated infrastructure on a portion of the
property with a Special Treatment (ST) Overlay located within the
proposed Little Palm Island Subdivision in Section 23, Township 48
South, Range 25 East, Collier County, Florida. (COMPANION TO
PETITION CU-99-27).
B. PUBLIC WORKS
1)
Consider Petition TM 95-02 for Neighborhood Traffic Management for
Estey Avenue and Shadowlawn Drive.
Staff directed to investigate establishing southbound double right
turn lanes at Airport Road and Davis Boulevard and eliminating the
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February 8, 2000
right turn lane at Estey Avenue and Airport Road and return with a
report in approx, three months (Consensus).
C. PUBLIC SERVICES
D. SUPPORT SERVICES
1)
Presentation of the Workforce Assessment Report Conducted by Florida
Gulf Coast University.
Report accepted. FGCU to provide comparison of results with
private industry.
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
9. COUNTY ATTORNEY'S REPORT
Added:
A.
Recommendation that the Board of County Commissioners approve a budget
amendment not to exceed $12,000 to pay for an expert to assist in the
preparation and evaluation of proposed noise ordinance amendments. (County
Attorney's request)
Approved 510
10. BOARD OF COUNTY COMMISSIONERS
Appointment of members to the Tourist Development Council.
Res. 2000-48 appointing Jerry Thirior, Jr. and Kevin M. Durkin -Adopted
5/0
Approval of support letter for Florida Kidcare Program. (Commissioner Berry)
Approved 5/0
Appointment of member to the Parks and Recreation Advisory Board.
Res. 2000- 49 appointing Samuel E. Welborn - Adopted 5/0
Dm
Appointment of members to the Disaster Recovery Task Force.
Res. 2000- 50 ratifying appointment/reappointment of current members and
creation of a new position representing the City of Marco Island - Adopted
5/0
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February 8, 2000
Road Capital Plan (Commissioner Constantine).
Staff to prepare information to be discussed at an upcoming transportation
workshop On March 7, 2000 at 9:00 A.M. (Consensus).
Added:
F.
Added:
G.
Discussion of potential "Fraud in The Inducement" Re: Kings Way Closure
(Commissioner Mac'Kie)
County Attorney to look into verification and methodology of data
presented to the Commission in the future - 5/0
Discussion of honorary naming policies and reconsideration of Courthouse
naming (Commissioner Carter) -
Discussed at time of changes to the agenda - to be brought back for
reconsideration in two weeks.
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
1)
Recommendation to the Board of County Commissioners to approve the
COPS Universal Hiring Program additional officer request.
Approved - 5/0
2)
Authorize emergency expenditure of funds for the purchase of fiber optics
cable from Building "J" to Buildings "F", "C1" and "C2".
Approved - 5/0
B. PUBLIC COMMENT ON GENERAL TOPICS
'1) Jane Yarner re urban growth issues.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
5
February 8, 2000
1)
Petition PUD-86-12(4), Blair A. Foley of Coastal Engineering Consultants,
Inc., representing Transeastern Properties, Inc., Arthur Falcone,
President, requesting an amendment to the "Bretonne Park" Planned Unit
Development (PUD), for the purpose of increasing the building height of
the multi-family buildings from three (3) stories to four (4) stories in Tract
"J" of the Bretonne Park PUD that is located on the north side of Davis
Boulevard (SR-84) and south side of Radio Road (CR-856) in Section 5,
Township 50 South, Range 26 East, Collier County, Florida.
Ord. 2000-09 Adopted w/changes - 5/0
Continued to 2/22/00:
2) THIS ITEM WAS CONTINUED FROM THE JANUARY 25, 2000
MEETING. Petition PUD-92-04(1), Rich Yovanovich of Goodlette,
Coleman & Johnson, representing Bonita Bay Properties, Inc., requesting
an amendment to the Golden Gate Health Park PUD having the effect of
changing the name to Golden Gate Commerce Park, eliminating hospital
and some medical center uses, adding retail commercial, office, hotel,
assisted living facilities (ALF) and residential uses for property located on
the northwest corner of C.R. 951 and access road #2 in Section 34,
Township 49 South, Range 26 East, Collier County, Florida.
3)
THIS ITEM WAS CONTINUED FROM THE JANUARY 11~ 2000
MEETING. Petition PUD-98-20, William L. Hoover, AICP, of Hoover
Planning, representing Gulf Sun Corporation, requesting a rezone from
"A" Agricultural to "PUD" Planned Unit Development to be known as
Whippoorwill Lakes PUD for a mixed use residential development not to
exceed 628 dwelling units located ¼ mile south of Pine Ridge Road (C.R.
896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in
Section 18, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 76.85 + acres.
Continued to February 22, 2000, at the request of the Petitioner.
Continued to 2~22~00:
4) THIS ITEM WAS CONTINUED FROM THE JANUARY 1'11 2000
MEETING. Petition PUD-99-15 Michael Fernandez, AICP, of Planning
Development, Inc., representing Dean Huff, Trustee, requesting a rezone
from "A" Rural Agriculture to "PUD" Planned Unit Development to be
known as Alexandria PUD for a maximum of 72 dwelling units for property
located on the east side of the future Livingston Road Extension, south of
Pine Ridge Road (C.R. 896) and north of Golden Gate Parkway (C.R.
886) in Section 18, Township 49 South, Range 26 East, Collier County,
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February 8, 2000
Florida, consisting of 19.58 +/- acres.
s)
THIS ITEM WAS CONTINUED FROM THE JANUARY 11~ 2000
MEETING AND IS FURTHER CONTINUED TO THE MARCH 14, 2000
MEETING. PUD-99-14, Michael R. Fernandez, AICP, of Planning
Development, Inc., representing Marian H. Gerace and Wallace L. Lewis,
Jr, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit
Development to be known as Livingston Village for a maximum of 540
residential dwelling units for property located east of the proposed
Livingston Road, north of Wyndemere PUD, in Section 19, Township 49
South, Range 26 East, Collier County, Florida, consisting of 148.98 +/-
acres.
6)
THIS ITEM WAS CONTINUED FROM THE JANUARY 11, 2000
MEETING AND IS FURTHER CONTINUED TO THE MARCH 14, 2000
MEETING. Petition PUD-13, Michael R. Fernandez, AICP, of Planning
Development, Inc., representing Relleum, Inc., requesting a rezone from
"A" Rural Agriculture to "PUD" Planned Unit Development to be known as
Balmoral PUD for a maximum of 154 residential dwelling units for property
located on the east side of the future Livingston Road, noah of Golden
Gate Parkway (C.R. 886) and south of Pine Ridge Road (C.R. 896), in
Section 18, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 39.58 +/- acres.
7)
THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 22~ 2000
MEETING. Petition PUD-99-16, Kevin McVicker, P.E. of Phoenix
Planning and Engineering, Inc., representing Gulf Sun Development
Corporation, requesting a rezone from "A" Rural Agriculture to "PUD"
Planned Unit Development to be known as Whippoorwill Pines PUD for a
maximum of 210 residential units for property located on the south side of
Night Hawk Drive between Whippoorwill Pines PUD for a maximum of 210
residential units for property located on the south side of Night Hawk Drive
between Whippoorwill Lane and Dog Ranch Road, ¼ mile south of Pine
Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 29.54 +/- acres.
OTHER
1)
To adopt a Resolution approving amendments to the Fiscal Year 1999-00
Adopted Budget.
BAR 2000-01 Adopted - 5/0
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February 8, 2000
13.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1)
Petition V-99-26, James M. Boswell II representing 19 property owners
requesting a 7.5 foot variance from the required 7.5 foot side yard
setbacks established for boat docks on lots less than 60 foot wide to zero
feet for boat docks on 19 different lots for properties located on 3rd Street
West in Bonita Beach and are further described as Lots 3,4,5,6,7,8,9, and
10, Block H and Lots 4,5,9,10,11,12,14,17,18,19, and 20, Block G, Little
Hickory Shores, Unit 3/Replat, Collier County, Florida.
Res. 2000-51 Adopted - 5/0
2)
Petition CU-99-22, David Carter of Downing-Frye Realty, Inc. representing
William J. Fognini, requesting Conditional Use "1" of the "A/MHO" zoning
district for earthmining per Section 2.2.2.3 for property located on Platt
Road in Section 25, Township 47 South, Range 27 East, Collier County,
Florida, consisting of 20+ acres.
Res. 2000-52 Adopted w/changes 4/1 (Commissioner Berry
opposed).
3)
THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition CU-99-27,
David H. Farmer of Coastal Engineering Consultants, Inc., representing
Keystone Custom Homes, requesting Conditional Use "5" of the "RSF-3"
zoning district for 157 cjuster housing units per Section 2.2.4.3 for
property located approximately ½ mile north of Immokalee Road and one
mile east of U.S. 41, in Section 23, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 86.67 + acres. (COMPANION TO
PETITION ST-99-03)
4) THIS ITEM HAS BEEN DELETED.
5)
THIS ITEM WAS CONTINUED FROM THE JANUARY 25, 2000
MEETING AND IS FURTHER CONTINUED TO THE FEBRUARY 22,
2000 MEETING. Petition A-99-04, Richard D. Yovanovich of Goodlette,
Coleman and Johnson, P.A., representing Kensington Park Master
Association and the Yorktown Neighborhood Association, requesting an
appeal of the determination of the Collier County Planning Commission on
November 21, 1999, that the changes to the Carillon PUD Master Plan by
adding new commercial building footprints were insubstantial.
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February 8, 2000
6)
Petition CU-99-32, Gloria Godard representing Mike Walczuk requesting
approval of a Conditional Use for a child care center to be located at 853
and 857 101St Avenue North in Naples Park.
Denied - 4/0 (Commissioner Norris out)
B. OTHER
14. STAFF'S COMMUNICATIONS
Mr. Jim Mercer to interview the two internal applicants on 2/15/00; report to
be submitted to the BCC on 2/18/00; and discussion of same to be held at
the meeting of 2/22/00.
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
Clarification regarding AUIR Report to be brought back in two weeks -
discussed at time of changes to agenda
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
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Authorization of a 100% waiver of impact fees for one house to be built by
Jorge Z. Fuentes, 5346 Texas Avenue, Naples Manor Lakes, Collier
County, Florida.
Res. 2000-33 and Agreement
2)
Authorization of a 100% waiver of impact fees for one house to be built by
Denise E. Rivers at 5200 19th Avenue S.W. in Golden Gate, Collier
County, Florida.
Res. 2000-34 and Agreement
3)
Authorization of 100% waiver of impact fees for eight very Iow income
single family houses to be built in Naples Manor, Collier County, by
Habitat for Humanity of Collier County, Inc.
Res. 2000-35 through Res. 2000-42 and (8) Agreements
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February 8, 2000
4)
5)
6)
7)
8)
9)
Request to approve for recording the final plat of "Coral Falls Resort"
Request to approve for recording the final plat of "Strand Replat 4A"
Authorization of 100% waiver of impact fees for one very Iow income
single family house to be built in the Seminole Subdivision in Immokalee,
Collier County, by Habitat for Humanity of Collier County, Inc.
Res. 2000-43 and Agreement
Authorization of 100% waiver of impact fees for two very Iow income
single family houses to be built in Naples Manor, Collier County, by
Habitat for Humanity of Collier County, Inc.
Res. 2000-44 and Res. 2000-45 and (2) Agreements
This item has been deleted.
Approval of a budget amendment to appropriate carry-forward funds to
pay for professional services in the development of the Interim
Government Services Fees Ordinance.
Request to approve for recording the final plat of "Fiddler's Creek Phase
2A, Unit 2" and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the performance
security.
W/stipulations
PUBLIC WORKS
1)
2)
3)
4)
This item has been deleted.
Approve a temporary street closure on Bluebill Avenue for the Cub Scout
"Cubmobile" Derby.
W/issuance of a right-of-way use permit
Approve Amendments to Professional Service Agreements to update our
Water and Wastewater Master Plans, Projects 70005 and 73036.
W/Camp, Dresser & McKee, Inc. in the amounts of $66,750 and
$45,050
Approve A Budget Amendment to provide for repairs to the agricultural
plastic burial cells at Immokalee Landfill.
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February 8, 2000
5)
Request for speed limit reduction from fifty-five miles per hour (55 MPH) to
forty-five miles per hour (45 MPH) on Airport-Pulling Road (CR 31) Trade
Center Way northerly to Pelican Marsh Elementary School, a total
distance of approximately 2.2 miles.
Res. 2000-46
6)
Recommendation to approve Amendment to Professional Services
Agreement for Master Pump Station 1.02, Contract 89-1506, Project
73924.
In the amount of $37,850
7)
Award Bid #99-3011 -"SCRWFT Berm Maintenance."
To Star's Astro Lawn Services in the amount of $24,000
PUBLIC SERVICES
l)
Direct staff to develop an ordinance amendment regarding the use of
Tourist Development Taxes by area public museums.
2)
Approval of the Reciprocal Borrowing Agreement and authorization for the
Library Director to sign the agreement, enabling Collier County Public
Library to participate in reciprocal borrowing with members of Southwest
Florida Library Network (SWFLN).
3)
Approve a Limited Use License Agreement between the Board of County
Commissioners and the Naples Junior Chamber of Commerce, Inc.,
approving use of specified County-owned property for conducting a July
4th Fireworks Festival.
Board to contribute $25,000 for Festival at Sugden Regional Park;
and staffing costs in the estimated amount of $3,000 for rangers,
maintenance crews, etc.
SUPPORT SERVICES
1)
Approve the Form of a Standard Form Agreement for Special Services
Between the Collier County Sheriff's Office and the Respective
Department that may Request such Services.
2)
Approval of a Memorandum of Understanding with Florida 1st Health
Plans, Inc. for the Administration of Group Health Run-Off Claims
Processing.
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February 8, 2000
3)
Approval of a Lease Agreement between Collier County and
Congressman Poder Goss.
Res. 2000-47
4)
Recommendation to Declare Certain County-Owned Property as Surplus
and Authorize a Sale of the Surplus Property.
Surplus auction to be held on February 19, 2000
COUNTY ADMINISTRATOR
1)
Approval of Budget Amendment Report - Budget Amendment #00-120,
#00- 128, #00-129, #00-130.
BOARD OF COUNTY COMMISSIONERS
EMERGENCY SERVICES
1)
Purchase of one (1) medium duty advanced life support ambulance from
American LaFrance Medicmaster Corporation using City of Jacksonville
Bid SC-0384-98.
In the amount of $114,948.75
2)
Request approval to waive the special event EMS stand-by services fee
for the LPGA Subaru Memorial of Naples Golf Tournament.
3)
Approve a budget amendment to allow for an expenditure of $14,400 from
the GAC Land Trust to complete the design of an EMS and future Sheriff's
Office Substation to be located within Golden Gate Estates.
MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public Defender for Case Nos.:
93-01924-MMA, 99-0236MMA, 98-8648MMA, 98-9723MMA, 98-
10256MMA, 99-4172MMA, 99-7577MMA, 99-1416MMA,99-0531MMA,98-
10963MMA, 99-0431MMA, 98-10939MMA, 98-6291MMA, 82-1003CJ-A-
21-CTC; 84-923C J-A-21,84-925C J-A-21, 99-2019MMA, 93-0122MI, 99-
5163MMA, 99-953MMA, 99-3626MMA, 99-3479MMA, 99-4248MMA, 98-.
11213MMA, 99-0128MMA, 88-3769-MMA and 90-1130-TM
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February 8, 2000
2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
I. OTHER CONSTITUTIONAL OFFICERS
J. COUNTY ATTORNEY
K. AIRPORT AUTHORITY
17.
SUMMARY AGENDA- THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS
AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR
APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL
BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING
AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR
ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS
ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED
TO SPEAK IN OPPOSITION TO THE ITEM.
Am
THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 227 2000 MEETING.
Petition CU-99-33, William L. Hoover, AICP, of Hoover Planning representing
Richard and Jean Yahl and Teresa Yahl Fillmore, requesting Conditional Use "2"
of the "A" zoning district for a sawmill, per Section 2.2.2.3., for property located
on the south side of Washburn Avenue SW in Section 31, Township 49 South,
Range 27 East, Collier County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGESTOTHEBOARD'SAGENDASHOULDBE MADETO
THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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February 8, 2000