BCC Minutes 05/05/1992 R Naples, Florida, May 5, 1992
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 law and having conducted business
herein, met on this date at 9:00 A.M. in I~EGULAR SESSION in Building
"F" of the Government Comp/ex, East Naples, Florida, with the
following members present:
CHAIRMAN: Michael J. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
Butt L. Saunders
Max A. Hasse, Jr.
Patricia A. Goodnight
ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance
Director; Annette Guevin, Debby Farris, and Ellis Hoffman, Deputy
Clerks; Nell Dorrill, County Manager; Jennifer Edwards, Assistant to
the County Manager; Ken Cuyler, County Attorney; David Weigel, Brenda
Wilson and MarJorie Student, Assistant County Attorneys; Frank Brutt,
Community Development Services Administrator; William Lorenz,
Environmental Services Administrator; Tom Olliff, Public Services
Administrator; Fred Bloetscher, Assistant Utilities Administrator; Tom
Kuck, Transportation Capital Projects Manager; 3elf Perry,
Transportation Growth Planner; Bob Blanchard, Growth Planning
Director; Bob Fahey, Solid Waste Director, Reginald Boucher, Solid
Waste Engineer; Peter Comeau, Stormwater Utility Manager; Dick Clark,
Code Enforcement Supervisor; John MadaJewskt, Project Review Services
Manager; Sam Saadeh and David Weeks, Planners; Sue Fllson,
Administrative Assistant to the Board; and Deputy Byron Tomlinson,
Sheriff's Office.
Page 1
Hay 5, 1992
~ - JLPI~OVED NITH CKAJ~GKS
carTied 5/0, that the agenda be approved w/th the ch~ngee detailed on
the Jk~a~da Chaag~ Sh~t ~ the
1. BCC Co--un,cations ~tem for discussion regarding Golden Gate
Little Lea~e Fundraiser Event - to be added as Item ~iOA.
000. . O7
Page 2
Xtra ~S~
CONNENT A~ENDA - AFI~OVED AND/OR ADOPTED
May 5, 1992
Th~ motion for approval of the Consent Agend~ is noted under IteR
'~"' JIM FO~TE~, UTILITIES DIVISION, R~CO~NIZED AS ~LO~ OF ~ ~
~ ~Y, 1992
Commissioner Volpe congratulated Jim Foster, Utilities Division,
on being selected "Employee of the Month" for May, and presented him
with a plaque tn recognition, as well as a $50 cash award.
lte~#~B
~ ~El~VI~ AMARDS - PRESENTED
Coulssloner Goodnlght congratulated the following Collier County
employees and presented their service awards:
Marion M. Satterfteld, Project Review Services - 5 years
Joseph C. Collins, Utilities/Administration - 5 years
Ite~ ,Sil ~ ~i2
~ AMK]I'DMI31TS 92-245 THROUGH 92-247 - ADOPTED, AND BUIXIKT
~ 92-251 COKTII~U~D
¢o~aleeloner Hawse moved, seconded by Conisstoner Saunders, that
Budget A~end~ents 92-245 through 92-247 and 92-251 be ~doptsd.
Coutsstoner Volpe questioned in re~ard to Budget Amendment
92-251, what ts a manual land Inventory system?
Co~ty Manager Dorrtll responded he ts uncertain and suggested the
Board continue that Budget Amendment until he can provide further
tnfor~tton.
C~to81~r ~se mnded the ~tlon, oecond~ ~ Co,tester
~l ~ c~t~ ~t~ly, to wtth~ ~t ~~n~ 92-251
f~ ~t~=ltt~ uttl liter In the ~ettn~.
lt~ ~3
~ ~ ~OL~XO~ 92-21 - ~D
C~tsstoner Hasse moved, seconded by Conissloner Saundsrs and
carried unanimously, that Budget Amendment Resolution 92-21 ~
09'
Hay 5, 1992
)ZIk)~ ~'O"BM/~ TO ~ GOV~i~OR FOR AFPOZ~ TO ~ CHZL~'$
~'g~/"J:CT~ CO~II~ZL TO Bg R~Ca.T,L~D &RD BCC TO $OLZCZT ~ CIdlDID&T'E$
~ KE-ADV~RTISEM~NT IR THE R"EWSPAP~R
Frances Barsh, member of TAG, reported two points are at issue
regarding the Children's Services Council. She said on April 21st,
the Board of County Commissioners rubber-stamped slx recommendations
to the Governor to fill two gubernatorial appointment vacancies on the
Children's Services Council. She stated the recommendations were the
choice of an elite group and the Board of County Commissioners was not
involved in their solicitation as required by State /aw. She indi-
cated the second point at issue is the funding for the Children's
Services Council. She concluded with a request that the Board recall
the six current appointment recommendations until proper solicitation
from the Board of County Commissioners can be pursued, and that
Ordinance 90-64 be amended to strike Section 8(b), and add that no
public funds will be used to fund the Children's Services Council for
its life.
Gilbert Erltchman read a letter from Edward Sheerar (phonetic),
member of TAG. (Copy not provided to the Clerk to the Board.) He
indicated Mr. Sheerar's position is that the Board of County
Gom~iestoners repeal Ordinance 90-64 and abolish the Children's
Services Council, or at least amend the ordinance so that no taxpayer
monies are ever used by the Council.
Egon Hill concurred with Mr. Sheerar's position.
Commissioner Shanahan reported the Children's Services Council has
taken & very strong position not to request public funds and to
attempt to continue operating as a private entity.
Commissioner Vo]pe suggested the Board repeal the existing ordi-
nance and a new one be adopted creating the Children's Services
Council as an advisory board to the Board of County Commissioners.
Commissioner Saunders communicated there are new programs being
defined within MRS that will provide funding to independent Children's
Page ·
May 5, 1992
Services Councils. He said it would be a m/stake to eliminate the
indegendent Council at this time when funding may be available tn the
near future.
Co~tsston~r Volpe ~oved, seconded by Coniesioner Hues, to
repeal Ordinance 90-64 tn 1ts entirety, ~d give direction to the
C~ Atto~ to ~aft a n~ ordtn~ce to create a
Se~1c~ C~ctl ~ a de~ndent authority ~der the direct
Co~lsstoner Goodntght stated with the Independent Council there
are no f~ds expended by the County, but ~f an advisory board
foraed, there will be expenditures ~n Staff time and minute taking.
Co~tss~oner Saunders mentioned the ~ssue of abolish~ng the
Children's Services Council is no~ on the a~enda, and it would be
unfair to do so without gtvtn~ the Council
~ call for the ~stlon, the ~tton fatl~ 2/3
G~l~t, S~ ~d Sauders o~sed).
C~tsslo~r S~ ~, seco~ed ~ Co~tsstoner Go~tght
~ curtg 4/1 (Coutsstoner Sauders op~sed), to recall the
alttg to the G~mor ud the ~d of C=W Coutssloners
artts for c~i~tes.
~tssl~r Vol~ ~d, seconded ~ Co~tsston~r ~se, to
Ord~e ~-64, a(b), to ellatnate the provtstou to ~ the
~tl~'s k.tcee C~ctl. ~ ~tton fatlg 2/3
~t~t, S~ ~d Sa~rs o~sed).
~ ~ ~~Y ~UA~ ~A~ ~Y SI~ ~ ~C~ S~D
L~T ~ ~ ~O~ DRIP; NO P~ING IN T~-~AY ~ ~
Bettye Pangle stated her concerns with the traffic, illegal
parking practices and unsafe conditions for bicycles and pedestrians
on Gulf Shore Drive.
Tom Kuck, Transportation Capital Projects Manager, advised the
Board that he is well aware of the problems referred to by Mrs..
Pangle. He said Staff has been directed to perform a drainage study
Page 5
Hay 5, 1992
and a~ly for permits to widen Gulf Shore Drive. He added he la also
aware of vehicles parking in the right-of-way and has contacted
Compliance Services to try to enforce the restrictions. He mentioned
another consideration may be to reduce the speed limit to 20 or 25
miles per hour on that roadway. He remarked the County ts presently
constructing a five-foot walkway on the west side of the road.
In response to Commissioner Volpe, Mr. Kuck stated the pro3ect
should be completed within the next two or three weeks, adding the
sidewalk is being laid tomorrow.
County Manager Dorrill suggested Investigating whether the
sidewalk may be reconftgured away from the edge of the roadway.
Mr. Kuck advised there may be ma3or conflicts with landscaping of
the commercial developments and residential areas. He stated he will
look Into the suggestion, however, it may be too late because the
contractor is prepared to pave the walkway.
The following people spoke regarding this Item:
George Johnson (presented petition)
Pat Pilcher
c~l~ ai~u~l¥, that Staff ludlately r~vlew reducin~ th~
limit on ~ulf Shore Drtv~ to 20 or 25 miles p~r hour; Illegal p~rktn~
tO h~ corrected l~edtatel¥; and Staff to evaluate realt~nln~ pro-
posed pedestrian ~lk~a¥ ~y from the roadway.
l~a~d: lO:10 i.N. - ~conv~ned: 10:30 &.N. wtt~t
~isslo~r ~~ ~tn~ present ~d at ~tch
~W ~ler~ l~rrts replaced ~ty Clerk ~in
Itm ~A1
~I~ C~ - ~0~
Jeffory Perry, MPG Coordinator, relayed staff's recommendation
for adoption of an Interlocal Planning Agreement between The City of
Everglades and Collier County pursuant to Policy 2.5 of the Aviation
Element of the Collier County Growth Management Plan. He briefly sum-
marized the elements of staff's request.
Page 6
May 5, 1992
~oolon~r Sa~n~re nove~, oeconded ~y ConaAootoner ~oo~ntght
ax~ carrAe~ 4/0 (O~atooloner Shanahan not preoent), to approve tho
Interlooal A~ree~ent with the City of Everglades.
Page 7
May 5, 1992
~ TO IqH~T[NG OF 6/2/92 ~ STAFF TO ~OVIDZ ADDITIONAL
Commissioner Shanahan returned to the meeting at this time.
Project Review Services Manager MadaJewskt sununartzed the intent
of the item, pointing out this project has some specific distinction
because ~t is embodied within the area of the Marco Shores DRI that is
covered by the Comprehensive Settlement Agreement between the State,
w~th Collier County a co-signer back tn 1982, which allowed for deve-
lopment in specific areas of the Deltona Corporation holdings. He
explained there have been numerous inquiries regarding this project
due to a neighboring project which proceeded without County approval
and has become "sort of a blight on the community". He confirmed
staff has made sure this project complies wlth all County regulations,
~s ~n full compliance with the Settlement Agreement and that all the
various agencies involved with the Settlement Agreement have reviewed
m/%d approved the construction plans.
The following persons spoke to the Issue of the "Granada Drive
Extens ~on":
· Kenneth Hildonen
· 'V~rginta C. Read Terry Roszak
Charlotte Westman, representing League of Women Voters of Collier
County
sRaised issue that there are roads in the area of Hawaiian Circle
which have not been accepted by the County
~Read letter by Collier County Mosquito Control District and
introduced petition that existing problems on Granada be
corrected prior to any work beginning on Granada Drive Extension
Terry Kepple, from Bruce Green & Associates, Inc., acknowledged
that Mr. MadaJewski has addressed questions with answers along the
same lines as what he would have given in response to the comments
made regarding this Issue.
Comm~saloner Shanahan stated that what ~s currently existing in
the area is a dangerous environmental hazard, with standing stagnant
water existing for two years, and acknowledged there are dead mangro-
Page 8
May 5, 1992
yes existing as well as abandoned houses. He suggested stipulating,
if legally possible, that the problems on Granada Drive be corrected
before a/lowing the extension to proceed.
Following brief discussion, and after questions posed to Assistant
County Attorney We/ge/ regarding legal issues, Commissioner Volpe
suggested continuing this matter to allow staff to review tests of the
various waters in the canals and areas around Marco Island, which
could provide basis to the issue of health, safety and genera/ welfare
of the community.
Commissioner Sh~ ~oved, seconded by Co~ieeloner
l~, ~ tt~t staff to d~slop tnfomtto~ r~dtn~
~obl~ wt~ fecal coltfom.
Pro~ect Review Services Manager Mada]ewskt suggested the Board of
County Coutssloners dtrec~ staff to, ~hrough certified letter, bring
Barnett B~k to the table and set a time frame to either have them get
the pro~ect corrected or, tn the alternative, staff's return to the
Board of County Oo~lsstoners for further dtr~ction regarding removal
of the st~ctures, barricading the roads, or whatever appropriate
mea~res ~y be necessary.
~i~r S~
~i~ ~~1~, to ~ the ~rrent ~er of t~ proart,
~ to r~ ~t ~ ~en Identified ~ a ~tentlal ~bltc
i Ol I~OICI ~ STA~ Ol ACCO~ ~R VlOMTIOI II OMI lO.
Community Development Services Administrator Brutt announced the
applicant has requested that Carmen Marttnez represent him today.
Carmen Marttnez conveyed that her daughter has requested today's
hearing due to failure to receive proper notification to remove the
Page 9
f,
eXOtiCS from her property prior to the County's removal of same and
related charge of 8700 for their removal.
Commissioner Saunders left the meeting at this time.
Community Development Services Administrator Brutt revealed that,
prior to this violation, there was a violation on 6/24/9! which was
settled, thereby proving notifications have been received by mailing
them to the address staff has listed for Ms. Gonzalez, that being the
address in the Property Appraiser's Office, and which is the same
address notifications of the current violation were mai/ed to.
Following brief discussion, Co~issioner Shanahan ~oved, sscor~ded
I:~ Ce~e~t~ion~r ~xxtnight and carried 4/0 (Commissioner Smunders not
pr~ent), ts ~ive the $100 ministration fee.
Ita ~
A~ OF NATE~ FACILITII[~ FOR ~ST NAPLIS PUBLIC SAFETY FACILITY
- $~q~D~"~l[ ~TIPULATION~
Co~u=unity Development Services Administrator Brutt explained this
ts a standard consent item which missed the deadline for Inclusion as
much. He relayed staff's recommendation for approval per the stipula-
tions set forth on page 2 of the Executive Summary.
Go~missloner Hesse moved, seconded by Commissioner aoodnight and
c~z'rted 4/0 (Co~lssioner Saundsrs not pre~nt),
~r Staff'S ~~ stt~latto~.
OR Book 1725 Pages 779 - 789
~$~ %2-2~1 ~ ACQUISITION OF D~INAGE ~~ ~ ~~Y
C~Z~ ~~ ~ ~I~. ~~E OR COllATION, ~QUI~D
Transportation Capital Projects Manager Kuck provided a quick
overview and update of the Westclox project and relayed staff's recom-
mendation for adoption of Resolution 92-271.
~l~t~s~e~ ~oodnlght ~ov~d, seconded by C~ts~t~er Hu~
=tN 4/0 (~tssl~er Sau~rs not present), to aut~rtze t~
Pa~ 10
N~y 5, 1992
~CXl~lstttOn by gift, purchue or conduction o~ t~ ~atuge eumnt
~ t~ c~tnctton eumnt r~tr~ for the coat.ct/on of
Mtc/~ S~t tn l~l~, there~ ~opttng ~lolut/on 92-271.
Page
May 5, 1992
AM&J~ OF ~SlJl~ OF NAS'AK TlJtKS AT NAPLKS LANDF~LL AND ~)OJOKALKK
LA3DI~ILL, BID #'92-18~5, TO I, JODKI~N RZCYCLIN~ INC. IN AMOUNT OF
MODZFIC~TION TO T1~ ARNUAL RATE RESOLUTION BASED ON TH~ FROCESSING
~ ~ - APPROVeD/STAFF DIRECTED TO AITwrKRTISE FOR PUBLIC
HEARING ~ SOLID NJ~STE RATE RESOLUTION
Environmental Services Administrator Lorenz introduced this item
by reminding the Board of County Commissioners of their earlier direc-
tions to staff.
Reginald Boucher, P.E., Solid Waste Management, reminded the Board
of County Commissioners of their expressed concerns voiced at the
April 21st meeting and reported staff's findings regarding surrounding
counties' tipping fees and uses for tire chips. He briefly explained
the page entitled "Bidders Qualification Comparison" contained in the
agenda package.
~ioner Satmdsrm returned to the meeting mt this time.
Mr. Boucher recapped staff's request that the Board of County
Commissioners accept the three /ow bidders, i.e. Modern Recycling,
Inc., Integrated Tire Inc. and Cumbaa Enterprises, and award to the
lowest net bidder, Modern Recycling, Inc.
Jim Goehrtg, Senior Engineer with Modern Recycling, Inc., made a
brief presentation regarding his organization and confirmed it can
provide either a performance bond or Letter of Credit.
~imstoner Sh&nahan ~ovmd, seconded by Commissioner Hume, to
~oept staff's re=o~rnd~tton.
Solid Waste Management Director Fahey Interjected It was his
%l~derst~dtng staff was to present an alternative to selection of an
outside contractor. He distributed a handout entitled "Waste Tire
Processing In-House Versus Contracting Preliminary Comparison Study"
·nd proceeded to explain the difference between tn-house and the
alternative of contracting.
County Manager Dorrtll explained staff's recommendation is to
award the service contract to a capable vendor and, as part of the
longer term, possibly consider consolidating the two programs and
Page 12
May 5, 1992
acquire the capital equipment necessary.
Mr. Boucher requested that the Board of County Commissioners con-
sider, as part of their motion, authorizing staff to advertise for a
public hearing regarding modification of the annual solid waste rate
resolution regarding the tipping fee of tires.
~mlo~er Sh~nah~n ~ended his ~otion, Conissioner
~ ~ ~, ~d the ~tt~ c~rted ~tmly, to tncl~
~ff~s ~tta r~dt~ s~srttstng for
~~ 92-275 ~I~I~ A ~FILL ~ED SOLID
~~ ~ ~I~ ~ SOLID ~ ~ ~ ~~ AU~ 29,
Environmental Services Administrator Lorenz reiterated the com-
lents detailed in the Executive Summary.
T~pe eS
O~A~t~r Hawse ~oved, seconded by Contsstoner
~t ~lntt~ 92-2~2 afft~tn~ the l~dfill
~t ~t~, ~t~tn~ ~he Solid Wute ~ter Pl~ ad~t~ on
A~t 29, ~9~9, ~ dtsconttnuin~ the fo~tton of ~ Ad-Hoc
~tt~ ~~ to s~ the feutbtlt~ of
The following persons spoke to this issue:
*Ben ~alk~r, representtn9 Section 30 Property ~ers Association
Charlott~ Westman, representing th~ Lea~e of Women voters of
Collier County
*Regarding th~ expansion, states he plans on subalt~tn~ v~rtfted
cosplatn~ baseO on Florida Statute 163-3215 to the Board of
cowry Co~tsston~rs
Cowry M~a~er Dorrtll explained the County has bought a n~ber of
~rc~ls lo=at~d north of the present landitll and does not intend to
have th~ l~dftll located within 100' of anyone's home.
Displaying an exhibit, Environmental Services Administrator Lorenz
Identified the site of the existing landfill, the property presently
o~ed by the County, and the properties the County has a signed
agreement with property o~ers for.
Page
Hay 5, 1992
Solid Waste Administrator Fahey confirmed the County is pursuing
lands which have not yet been developed.
~ ~ll for the question, the ~otton carried unanimly.
33'
Page
Nay 5, 1992
~te~ ~ (formerly #I~G1)
~ TO ~ FOR FROFESSIONAL SERVICES WITH DAVID M. GRIFFITH
AND~IATE~, LTD., FOR THE DEVELOPg~E~T OF STORMWAT~R CHARGES -
Peter Comeau, Stormwater Utility Mar, ager with the Water Management
Department, explained the intent of the request for a change to the
Agreement for Professional Services with David M. Griffith and
Associates, Ltd.
Gilbert Erltchman, member of TAG (Taxpayers Action Group), spoke
to this Issue.
Mr. Comeau stated this request will not change the fixed contrac-
tufa! dollar amounts originally entered into with DMG (David M.
Grifftth and Associates, Ltd.).
~t~ioner ~x~ntght ~ovmd, seconded by Co~issioner Volpe and
'; ' c~t~ ~~ly, to a~r~ staff's recognition, u
-
Commissioner Hasse relayed a request by the Little League of
Golden Gate to use one of the County's softball fields in the Golden
Gate Commalrlit¥ Park for a fundratser. He explained staff estimates
there will be a cost of approximately $325 for moving the bleachers,
etc.
Commissioner Goodnight pointed out it has been necessary to move
the bleachers on a number of occasions without a charge to anyone.
In response to Commissioner Saunders, Assistant County Attorney
Wetgel stated that today's authorization is that the Ccunty will
Insure petitioner meets all the permit requirements.
O~lt~tol~er HI. lie ~ved, seconded by Co~iestoner Goodntght and
cmxTl~ ~t~n~ly, to approve tn concept the Golden Gets Little
~ F~U~rItSeT event proposed to be held at the Golden Gate
C~m~nl~T ~k.
~lC ~ O~ e~f~,AL TOPICS -
May §, 1992
Dan Mayfield, representing himself and Danny Brett (phonetic),
alleged he provided a letter to staff for circulation to the Board of
County Commissioners and County Manager Dorrtll, (copy not provided
for the record). He stated he Is only asking for the same con-
sideration that his neighbors received.
County Manager Dorrill explained Mr. Mayfteld owns property in the
Pine Ridge Industrial Park that was petitioned for an assessment
district for the County to build roads, drainage, water, sewer and
street light facilities and, thus, conveyed to the County fee simple
the necessary drainage easement behind his property. He confirmed
that some of the necessary easements were purchased, some were
acquired with property owners being provided culverts in lieu of
purchase, and some were taken to condemnation.
Following discussion regarding the potential cost to the County
for providing culverts to Mr. Mayfteld and others, recognizing the
concern that the budget will not support the number of requests
received If the District must pay the cost of culvert Installation,
staff recommended that Mr. Brett should pay $3,000.
Commissioner Volpe voiced support for adhering to the original
agreement to address the concerns of Mr. Mayfield and Mr. Brett, i.e.
to share the cost, and County Manager Dorrill pointed out that no for-
~al action Is required.
Commissioner Saunders suggested investigation of the cost being
borne by the District with an evaluation to determine where the
culverts can go.
County Manager Dorrtll suggested having the design engineer pre-
sent at a future Board of County Commissioners meeting to explain the
rationale and determine what the cost would be to develop an alter-
native drainage system, and it was the consensus that he make the
appropriate arrangements.
Charlte Andrews voiced concern regarding the attendance record of
the CCPC (Collier County Planning Commission) and suggested that two
unexcused absences is reason for dismissal and the person to be absent
should report to the Chairman or to the Attorney's Office.
OOO 37 Peg.
Nay §o ~992
Clerk Hoffa~n replaced Deput~ Clerk FarrAe
at thie tie eec
Xte~ ~12C1
Legal notice having been published in the Naples Daily News on
April 19, 1992, as evidenced by Affidavit of Publication filed with
the Olerk, public hearing was opened.
Growth Planning Director Blanchard reported that the property sub-
Ject to this appeal ts a 9.1 acre parcel located in the Central Naples
planning community on the west side of Goodlette-Frank Road, north of
Frank Whiteman Boulevard. He indicated that the property is zoned
RMF-6 and designated as urban residential on the Future Land Use Map.
He annolznced that this designation permits residential development up
to a maximum of 16 dwelling units per acre and permits other non-
residential uses, i.e. essential services and institutional uses.
Mr. Blanchard stated that the subject property is located within
the traffic congestion area which results in a deduction to the base
density and rather than four dwelling units per acre, this property
wo~ld be allowed three dwelling units per acre.
Mr. Blanchard referred to the zoning map on Page 4 of the
Executive Su~u~ary and addressed the surrounding properties.
Mr. Blanchard advised that staff originally issued a determination
to deny the compatibility exception to retain the RMF-6 zoning, noting
that the density on that designation is too high based on the
i%lrrounding RSF-4 single family neighborhood. He indicated that RMF-6
development on this property would definitely be an Intrusion Into an
existing single family neighborhood. However, during review of the
appeal, staff and the property owner's agent agreed that the RMF-6 is
too high based on the surrounding neighborhood but a recommendation to
RSF-4 which requires single family detached construction Is probably
38
Page 17
May 5, 1992
inappropriate based on physical conditions that exist on this site.
Ha reported that the easterly half of the property is Jurisdictional
wetlands and would be undevelopable.
Mr. Blanchard stated that an agreement was reached last week that
if the appeal is withdrawn staff would reissue the determination and
recommend that the RMF-6 zoning be retained subject to a density cap
of three units per acre which is consistent with the Growth Management
Plan and the development would be subject to the following five deve-
lopment conditions, beyond the cap of three units per acre:
1. The easterly 4.5 acres of the subject property would remain a
preserve area and development would be prohibited within that
area.
2. No limitation on use types; property owner would be entitled
to develop those uses which are permitted outright or with a
conditional use permit within the RMF-6 zoning district.
3. Maximum building height of two stories which would include
any under building parking.
4. 25' buffer area along the north and south property lines of
the areas to be developed; 15' of that buffer area required
to meet the standards of Section 2.4.7.4 and Alternative "B"
of the Land Development Code.
5. Request for modification of the provisions would require an
application for rezoning.
Xa~e #4
Mr. Blanchard reported that he was informed yesterday that the
property owner would not withdraw the appeal. He indicated that staff
is recommending approval of the RMF-6 zoning with a cap of three units
per acre and the additional development conditions as indicated above.
Ms. Sam Holland of Asbell, Hains, Doyle & Pickworth, stated that
agreement was reached, as described by Mr. Blanchard. She indicated
as agent, she recommended that Mr. Berio withdraw the appeal and
accept the agreement, however, he chose not to withdraw the appeal.
Mr. John Berio stated that he purchased his property 45 years ago.
He revealed that he believes that staff's offer is inferior to the
value of the land. He explained when the railroad was being built, a
patch was placed on his lot which resulted in a valley of 2.5' - 3'
He requested permission to fill in the low lying area of his property
Page 18
Nay 5, [992
tO bring it up to where it was before the land was taken away.
Ms. Holland revealed if there are sensitive lands on her client's
property, he should be entitled to have the flexibility of multi-
family.
Mr. John Berio, Jr., urged the Commission to a/low his father the
~AaXi~ua~ allowable'density.
There were no other speakers.
Oe~/~elo~er ~zndsrs a~oved, seconded by Coamission~r Sh~nahan ~nd
C~.'Tie~nt~ov~l¥, to close the public he·ring.
Co~i~ioner Saunders ~oved, seconded by Coatssloner Shanahan and
carried 4/! {C~issioner Volpe opposed), to approve RMF-6 zoning with
· cap of 3 units per ·cra; st·fl to have ability during site plan
.pprovml to require that ~ulti-f&mily buildings be lialted to two
etorie~ in the vicinity of singls fully hc~es and that Resolution
*2-27S ~ ~lopt~.
Page 19
May 5, 1992
Ite~2¢2
]~OLIITXON 92-274, RE PETITION CEX-026-SN-A, KEVIN G. COLEMAN OF
CI~I~ AND LO~KN~0D REPRESENTING GERALD FLEISHER, TRUSTEE, APPEALING
~ PLANNING DIRECTOR'S DETERMINATION FOR DENIAL OF COMPATIBILITY
~][CEPTION A~FLICATION FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TOWER
ROAD, 450 FEHT NEST OF STATE ROAD 95! - ADOPTED ALLOWING C-3 TO REMAIN
WITH ADDITIONAL DEVELOPMENT STANDARDS
Legal notice having been published in the Naples Daily News on
April 19, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was'opened.
Co~tssloner Volpe remarked that in addition to the agenda packet,
the Commission ts tn receipt of a submittal from Cummings and
Lockwood, bound In a black folder, dated April 28, 1992 (copy not pro-
vtded to the Clerk's Office).
Growth Planning Director Blanchard revealed that the property sub-
Ject to this appeal is a 9.2 acre parcel located tn the South Naples
planning community. He Indicated that the property is currently zoned
0-3 and designated as Urban Coastal Fringe on the Future Land Use Map.
He divulged that this 'designation limits the site to a maximum resi-
dential density of four units per acre. He noted that the property Is
also within the traffic congestion area which results in a base den-
sity of three units per acre.
Mr. Blanchard detailed surrounding properties and zoning of same.
He explained after review of this application, staff determined that
it failed to demonstrate that a consistent zoning d/strict would be
incompatible with surrounding land uses. He indicated that it was
determined that the RMF-6 zoning district with a cap of three dwelling
finite per acre would be compatible with the surrounding neighborhood.
Mr. Blanchard reported that SR-951 ts currently being four-laned
which will Increase the road's capacity and improve the operating
level of service (LOS). He remarked that $R-951 has an adopted LOS
"E" and ts operating at LOS "F". He Indicated that development of the
subject site at three units per acre would result in approximately 27
dwelling units and 27 multi-family units would generate 166 vehicle
trips per day. He stated that 27 single family dwellings would
Page 20
Hay 5, 1992
generate 2?0 trips per day. He noted that under C-3 Ifa shopplng
center ts used as a representative use, there is the potential for
92,000 square feet of commercial activity on this piece of property
which could generate 6,500 vehicle trips per day which would impact
both Tower Road and SR-951.
Mr. Blanchard divulged that the Compatibility Exception applica-
tion has been denied and the applicant was advised that the property
would be recommended for rezontng to the RMF-6 zoning district with a
cap of three units per acre. He noted that the property owner has
flied an appeal application, requesting that this determination be
overturned, thereby allowing the existing C-3 zoning district to
remain.
Attorney Kevtn Coleman of Cummings and Lockwood, representing the
appellant, cross examined Mr. Blanchard at this time.
Mr. Coleman explained that he agrees with staff on numerous
points, noting that an RSF-3 zoning district is not compatible on the
site, however, staff proposes that the same three dwelling units,
fashioned in a multi-family setting now makes the property compatible.
He remarked that he objects to that conclusion and does not believe
the evidence supports same.
~l~ew ~mmdere ~ov~, ~econded t:~ Co~isaloner Shanahan and
c~x~'ie~ ~l~ly, to accept Patricta Newton, Joseph Xbner and
D~vtd Kee u ~xperta in thta matter.
Ms. Patrtcta Newton of Johnson Engineering, stated that staff's
report accurately reflects the zoning, intensities, densities and the
sllrrounding area in general. She Indicated that to rezone this parcel
to a ~ulti-fa~tly use, I.e., RMF-6, would be sending a message to all
~ultl-fa~lly residents that they will not be afforded the same com-
patibility protection that their single-family counterparts would
recelve from incompatible uses. She affirmed that she believes that
0-3 zontng provides the compatibility relief that these proceedings
are looking for.
Mr. Joseph Ebner of Johnson Engineering, remarked that a distin-
Page 21
Nay 6, 1992
ctton needs to be made, in that the request for C-3 zoning on this
parcel ts different from C-3 zoning on SR-951, since banks,
restaurants, service stations and other high traffic generators would
be allowed. He indicated that the subject property would not have
that exposure and their would be lesser traffic uses. He reported
that this would be one of the transition areas as determined by the
· arket and traffic ts not an issue.
Mr. David Kee of Johnson Engineering, addressed environmental con-
cernm. He reported that the majority of the property has been
Impacted and there is not a lot of environmental sensitivity.
Mr. Gerald Fleisher, Trustee and owner of the property, stated
that he l~urchased this site in 1976 and did so because of the C-3
zoning which had the compatibility of similar zonings encompassing the
neighboring properties. He indicated that his taxes have increased
more' than tenfold in the past few years. He revealed that this pro-
perry is impossible to market as a residential area with everything
else that is taking place around it. He questioned who would buy a
homesite or want to live in an area that is surrounded by commercial
land, towers and the sewage disposal plant. He affirmed that the only
logical use for this land is for commercial purposes.
Attorney Dudley Goodlette advised that he believes that C-3 is
compatible and urged the Commission to retain that zoning.
Mr. Blanchard reiterated various points as to why he feels a con-
etstent zoning district is appropriate on this particular site. He
noted that Henderson Creek provides a natural buffer from this site.
He reminded the Commission that the test to apply in the case of com-
patibility exception is not whether the existing district can be made
compatible with surrounding land uses, but whether the zoning district
is compatible with surrounding land uses.
There were no other speakers.
Co~m/~ioner Sh~n~han ~oved, seconded by Cow=lsmioner Hume and
c~xTled ~i~o~elF, to close the public hearing.
Page 22
Nay 5, 1992
~ieaer ~# aovsd, seconded by Coaatsslonar Shanahan
~~ ~~ly, to ~er~ t~ ~r~h Plying Dtr~tor's ~ter-
~t~ ef ~tal, u pr~td~ tn Sectta 10.5 of tile ~0;
to ~h C-I mi~, ~bJ~t to the m~ devsl~t mt~ u
~ of t~ ~rW to the eut, there., adopting Re~lutt~
92-2?4.
Page 23
Nay §, ~992
ORD~ 92-2~, AMENDING ORDINANCE 91-42, POINT MARCO P~D TO COK~ECT
TH~ ~ PLACEMENT OF ASTE~IOKS IN SEG'rION FOUR, SUBSECTION
'MAXIMOM ~LDIN~ W~IGHT" - ADOPTED
Legal notice havtng been published in the Naples Daily News on
March 26, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Nino requested that Ordinance 91-42 be amended. He indi-
cated that there were typographical errors in the final version of
that ordinance, in that, an asterick was misplaced and a couple of
other astericks were inadvertently omitted.
There were no speakers.
Co~mluloner S~unders ~cm~ed, seconded b~ Coniastoner Ha~e and
carri~ 4/0 (Co~aissioner Shanahan out of the rooa), to close the
public
Col~t~ltcmer Seqndera iove~, ~econded by CO~liSaloner
a~d carrie4 4/0 (Co.~tssioner Shanahan out of the rock), to correct
tbs ecr~v~l~eT's error iJ indicated by Mr. Nino, and that Ordinance
92-2~ ke Mk::~te4 ~ entered into Ordinance Book ~o. 52.
· ~ ~ee~oner ShanahAn ~oved, .econded by Commissioner
~ ~z-z-te4 ~/0, that the follc~lng ~te~ under the con~ent
Iw ~ iD4/or Idopte~:
It~a~A~
~ ~ OF CI~DIT ACCEPTED AS SECURITY FOR SITE DEVELOPg~NT
FF~o gl-l~O, 'JERl~f'$ FLAZA', LOCATED IN SECTION 3,
It~ 91&&S
K~OLQTX~II 92-269 APFROVING FOR ~ECOKDING THE FINAL PLAT 0Y 'SOLDAN
~O~DXFXgION" - NITE TH~ STIP~]LATIONS AS NOTED IN THE E][EC~TIFE ~
See Page .~_~
Xtra ~A~A4
~SOF~FA'XOll 92-2?0 ~ING ~R ~CO~ING ~ FIN~ P~T OF 'FI~
~~~ -- ~ ~ ~I~TIONS ~ N~ IN ~ m~x~ ~
SeePage
Page 24
Nay 5, 1992
M&TI3t ~IT/*B~ ACCKI'TKD FOP, FALLZNG M&'I'K]~S, TRACT G - WITH THE
Ff/FUL&TZOJrS AS JlOTED TN THE KXECUT[VK SUJOtARY
See Page
Xtem ~26B1
BID 02-1745 COFFR&C~ AJqOOFF
~Z~ ~ T~ ~KD ~ GEORGIA PACIFIC
Item ~16B2 wtth~rmMn
J3~ZC~I~ON O~ AN E&SB3~F~ AGRKB3qX]F~ FOR PARCK~S 122, 123, T225 AJFD T227
A]ID~AN~K OF CON~K~ANCE FOR ACQUISITION OF RIGHt-Or-MAY ~O
~ l~q~t-L~klK ZMPR~ ~POR RADIO ROAD (TRAJ~PORTATZON
PRGJL"E lB3, 68O91 )
Item ~16D1
BID ~1-1706 fOR I]l AOTOKATI¢ SFRINKLER SYSTEM FOR TEE REGIO]ILT, MATER
PI]IT ~ TO S~.UI EFTERPRISES OF tORT Iq~TR$, IRC., IN 2
Item ~16D2
RI, TEl DSPilTNIFT*S SAI(I~E ¢OLLECTIO~ STRATEG~J' FOR COMPLYING MZ'I'H THE
F'KDB:RAL Lr, AD AND COP'IrKlq MONITORING REGULATIONS - AT AR AIFRUAL COST OF
$1,400
SeePages
~X~'UTIO~ OF A NEM LEASE AGREEMENT BETNEEN COLLIER COUNT~, A POLITICAL
~MSI01~ O~ TEE STATE OF FLORIDA, ~ 30~ PAULICH, JR., AND
JO~l~a~N~ PAULICH, FOR THE CONTINUED UTILIZATION OF OFFICE SPACE FOR
Page 25
~ §, 1992
T~ CO~LZ~ COU~ ~IF~'$ 0FrIG~ NORTH NAPLES SUB~T&TION
See PaGes
Xt~ ~QI mm~q~d to
Xt~m ~
MYERS ]]JTH~ AMOqJlI'T OJ' 0127,873
1989 TAX ROLL
· o. Date
291 04/20/92
1990 TAX ROLL
314 04/20/92
1991 TAX ROLL
~76/177
04/20/92-04/21/92
1991 TANGIBLE P'K~ONAL PROPERTY
1991-91/1991-92 04/21/92-04/24/92
Item ~l~,T
M~C~,~I~O~ CO~I:R~P,ORDENC~e - FILED AITD/OR REFERRED
The following miscellaneous correspondence was filed as presented
by the Board of County Commissioners:
Page 26
Nay 5, 1992
BZD ~-1~2~ ~ ]~DDITION~L VOTING MACHII~$ - ANARD~D TO BU~IK~$S
~ COI~OFATIO~ IN TI~ A~IOUNT OF $2?,900
$&TI~F~'"T~ OF LI~N FO~ TH~ COST OF
BLOC~ ~30, ~ B~J, CH UNIT ~IX,
SeePage
Xtra
~ OF ~ANCE OF T~O (2} DRAINAGE EASEMENTS, A #ARRAITI'Y FOR
aw~M~XTXO~,.L ~0 FOOT RIGHT-.OF-NAY FOR ~STVIL~ DRIVE, AND A ~~
IYErD l~ AN ADDITIONAL 12 FOOT 0F RIGHT-OF-WAY FOR AIRPORT ROAD
See Pages
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 5:45 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
t . ' OLPE,
CHAIRMAN
,e"linu~ea. 'approved by the Board on
as pres&~t~"' ~ or as corrected
000,, , 50
Page 27