BCC Minutes 10/19/1992 S Naples, Florida, October ]9, ]992
LET IT BE REMEMBERED, 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 /aw and having conducted business
herein, met on this date at 9:00 A.M. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Michael J. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
Part,cia A. Goodnlght
Max A. Nasse, Jr.
Burr L. Saunders
ALSO PRESENT: Kathy Meyers, Deputy Clerk; MarJorie Student,
Assistant County Attorney; Bob Blanchard, Growth Planning Director;
Dave Pettrow, Development Services D~rector; and David Weeks, Senior
Planner.
Page
October 19, 1992
Commissioner Volpe announced that Commissioner Goodntght would be
arraying late.
Ta~e ~A
(~o)
Xt~ ~A
OP. DI~lC~ IS. 92-74 ~E PETITION R-92-?, COld,UNITY DE~'ELOPMENT SER~JICES
DI~FISXON ~S~ING T~ ~ OF CO~ C~XSSIO~ ~Q~STING
~~ ~ZO~ OF ~SID~I~, C~CI~ ~ I~$~I~ ZO~D
~O~I~ ~ V~IOUS ZONING DIS~ICTS - ~ED ~O~NG ~
~I~ C~ISSION'S ~C~ATIONS WI~ ~ ~CE~1ON OF PAGES
!!:~ sewage treatment plant.
Legal notice having been published An the Naples Dally News on
September 29, 1992, aa evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
David Weeks, Senior Planner, reported that this item deals with
subject properties that are not zoned consistent with the Growth
Management Plan and are unimproved and undeveloped, and the Board is
to consider rezoning the properties to a zoning district that is con-
eletent. He reviewed that the Planning Comm~sston heard this Petition
on October 1, 1992 and referred to the details within the Executive
Su~u~ary.
Mr. Weeks noted that one vote will be taken on this Petition,
however straw votes can be taken as each property [s considered and
the formal motion will Incorporate the straw votes.
Ce~a~Aui~ner ~oodntght arrived at this tl~e.
Mr. Weeks referred to Page l, parcel 6 and parcel l0 and noted
that Staff recommends rezontng the property from IndustrJa! to Agr~-
cultural, however the Planning Commission recommended that the parcels
retain the Industrial Zoning.
Mr. Weeks indicated that POD Industr~a! Zoning allows the ability
to 1/ntt uses tn the future.
Bruce Anderson, Attorney, requested that his Barton Collier
Document Exh/btt Book be accepted into evidence and the Board con-
curred, labelling it Petitioner's Exhibit 1. He referred to pho-
tographs of the property, which evidenced expansion of the neighboring
He noted that the Conditional Use of the
Page 2
October 19, 1992
variance approvals for the sewage treatment plant expansion were based
upon the fact that the abutting property was zoned Industrial. He
concluded that it Is inequitable and incompatible for the County to
expand its oh-n industrial-t~l~e use on Its Industrial Zoned property
while at the same time removing it from the abutting property.
MarJorie Student, Assistant County Attorney, advised the Board
that should the property be downzoned to Agricultural, there will
still be a minimum beneficial use.
Mark Morton with Barren Collier Companies, spoke to this Item.
~toner Shanahan ~oved, seconded by Co]missioner Smunders and
carried 4/1 (Co~niseloner Volpe opposed), to allow parcels ! and 6 to
re~atn straight Industrial Zoning with no conditions.
tn continuing, Hr. Weeks referred to page 10, and summarized that
Staff recommends parcel 6 be rezoned from C-4 to TTRVC for consistency
and compatibility. He noted that the Planning Commission recommended
to allow the property to remain C-4.
~toner Hamss moved, seconded t~ Commissioner Go~tght and
cax-rt~ u~l¥, to allow p~rcel 6 to retain the C-4 zoning.
Mr. Weeks referred to page 11 and summarized that Staff recommends
that all the properties not fronting U.S. 41 retain their existing
zoning to allow compatible development, and the C-3 properties, par-
cels 152, 130 and 2.1 to be rezoned to the Agricultural Zoning
District. He noted that the Planning Commission recommended that par-
cels 130 and 152 retain the C-3 zoning.
Jean Quesnell spoke to this item.
TIp~ ~
Commtsatoner Shar~ moved, seconded by Commissioner Huse and
carried unanimously, to accept Staff's recommendation for all parcelm
on page 11, with the mxception of parcels 130 end 152.
Comulssionor Shm~uhan moved, seconded by Commissioner Haooo to
mllow parcels 130 and 152 to retain the current C-3 Zoning, u the
Plamx:LlJgCoumteaton recoumended. The iaotton fa/led with Comttssioners
Goodn/g~t0 Saunde~e and Volpe opposed.
Page 3
October 19, 1992
Co~m/smtonsr Saunders ~rved, seconded t~ Co~almsioner Goodnight to
a~rm Staff's reco~ndatton to rezone p~cels 130 ~d 152 to
&~t~~1 Zoning. The mot/on failed with Co~tseloner~
Co~tsstoner Shanahan stated that based on the results of the
motions the C-3 Zoning remains in place.
· ~e ~~ at 10:50 A.M. - Rec~vened at 11:05 A.M.
Mr. Weeks referred to page 14, and noted that parcel
wlthdra~ from consideration to enable Staff to investigate the legal
status further.
~~ ~t~ly, to close the ~bltc hearing.
~e~t~ S~ ~ed, seconded ~ Co~testo~r Hues ~d
c~rt~ ~t~ly, to adopt Ordinate No. 92-~4 a~rovtng the recom-
~tt~ of the Collier Cowry Plying Co~teston as it relates to
all ~rttes d~e~ssed tn Petition R-92-~ with the exception of
~s 1, 10 ~d 11 ~d Chat the Ordinate ~ entered into Ordt~ce
~k Mo.
(698)
D~~ ~s~No ~ ~ oF c0~ co~zsszo~ ~Q~STZNa A
~Z~ ~ =~ TO ~, ~ AS O~GE BLOSSOM G~S ~ -
~~ ~ ~CTION IN ~ER OF ~LLING ~ITS TO
Legal notice having been published in the Naples Daily News on
September 29, 1992, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Mr. Weeks explained that the current Orange Blossom Gardens PUD
allows for multi-family residences at a density of 7.2 units per acre
for a total of 84 dwelling units. He noted that Staff recommends the
property be rezoned from "PUD" to "PUD" and lower the density to 3
unite per acre, allowing for a total of 35 dwelling units, because the
property should be treated ae being within the traffic congestion
area.
The following people spoke to this item:
Page 4
October 19, 1992
Bill Hoover
Bob Lockhart, representing the property owner
Wayne Hook
Mr. Lock_hart requested that the density be changed to a total of
42 dwelling units.
Commissioner Saunders questioned the definition of 'adjacent'
Ms. Student read into the record the fo/lowing definition of
'adjacent' taken from Webster's Dictionary:
"Near to, close to, next to".
She discussed that the definition of adjacent within the Land
Development Code does not necessarily apply to the Comprehensive Plan
and since the definition is not in the Plan the dictionary definition
can be applied.
C~es~on~r Shanahan ~x~ved, seconded b~ Couise/oner Hesse and
C~ZTAed unanimously, to close the public he.ring.
Ooa~a/~oner Saunders ~ov~d, seconded b~ Co~isstoner Huse and
c~A~ ~i~1¥, to adop~ Ordi~ce No. 92-~5 appr~ing ~he rezone
of ~ ~ Blol~! Garde~ ~u to Ill~ a total of 40 ~31ing
~Atl, ~ t~t the Ordi~ce ~ entered into Ordi~ce ~k No. 57.
O~I~ ~. 92-~6 ~ ~ITXON ~87-~0(~), GR~ ~IN~
D~~ ~S~ING ~ ~ OF CO~ C~ISSIO~ ~Q~STING A
~Z~ ~ ~ TO ~' ~ ~ ~ODFIELD ~S - ~D
~~ COLLI~ CO~ P~ING C~ISSXON'S ~C~ATIONS
Legal notice having been published in the Naples Daily News on
September 29, 1992, as evidenced by Affidavit of Publicatfon filed
with the Clerk, public hearing was opened.
Mr. Weeks reported that Staff recommends no change to the density,
because an interconnect will be provided to the north of the subject
property and an access will be provided to U.S. 41. He noted that
there is one change that the property owner objected to which is the
provision requiring that a 20' strip of land to be set aside for
future canal widening and maintenance easement which ia to be changed
to an unlimited width of easement. He reviewed that the Planning
Page 5
October 29, 3992
Co.mission recommended all of Staff's changes with the exception that
the water management easement remain at 20'.
Grad¥ Minor spoke to this ~tem.
Con.intoner Saundere ~oved, seconded ~ Co~tss~oner S~ ~d
cml~ ~tmly, to cloee the ~bltc he~tng.
~t~ S~derm ~ed, eeconded ~ Co~ismloner Sh~ ~d
~~ ~~ly, to adopt Ordt~ce No. 92-76 a~r~tn~ all of the
PI~ ~te~ton's reco~tto~, ~d t~t the Ordtmce ~
~te~ ~to ~t~ce ~ok No. ST.
ltn ~D
Legal notice having been published in the Naples Daily News on
September 29, 1992, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Co~n~oner Saundere ~oved, seconded by Co~alastoner Shanahan ~nd
c~rrtedun~n~ously, to close the public he&ring.
Cm~/m~oner Sa~ndsrs ~oved, seconded by Co~mlsatoner Shanahan
~~ ~~ly, to adopt Ord~ce No. 92-77, a corr~t~ ord~-
~ ~t~ the leal deecrlpt~on~ am Snd~cated ~n the
~ ~ tMt the Ordl~ce ~ entered ~nto Ordt~ce ~k
Page 6
October 19, 1992
There being no further bus~nese for the Good of the County, the
meeting was adjourned by Order of the Chair -Tlme: 12:00 P.M.
¸%.,
BOARD OF COUNTY COMMISSIONERS/
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD{S) OF
SPEC~L DISTRICTS UNDER ITS
MICHAEL J. tVO~E, CHAIRMAN
~roved by the Board on
or as corrected
Page 7