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BCC Minutes 12/27/1990 S Naples, Florida, December 27, 1990 LET IT BE REMEMBERED. that the Board of County Commissioners in ~.i. ~and for the County of Collier, and also acting as the Board of Zoning 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 5:05 P.M. in SPEGIAL SESSION in Building ii'"F" of the Government Complex, East Naples, Florida, with the :,following members present: ~.~: CHAIRMAN: Max A. Hasse, Jr. S. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Anne Goodnight Burr L. Saunders Annette Guevtn, Deputy Clerk; Ron McLemore, ALSO PRESENT: iAssistant.~: County Manager; Tom Olliff, Assistant to the County Manager; David Weigel, Assistant County Attorney; Mike Arnold, Utilities [strator; Frank Brutt, Community Development Services listrator; Russell Shreeve, Housing & Urban Improvement Director; Robert Demarest, Library Director; John Wllver, Customer Service Supervisor; Bill Hoover, Wayne Arnold, Ron Nino and Phil Scheff, ~ Planners; Sue Filson, Administrative Assistant to the Board; and ~Dep~t¥ Byron Tomlinson, Sheriff's Office. December 27, 1990 APPROVED ~r~TH C~vI~GES Co~misetoner Saunders moved, seconded by Couissioner Shanahan and icarrAed ~nani~ou~ly, that the agenda be approved with the following 1o' Item #4A - Amendment One to Community Care for the Elderly Program Contract - Added. Item #4B - Contract for Continuation Grant under Older Americans Act - Added. Item #4C - Recommendation to a~ard Bid 90-1656 for construc- tion of the library headquarters to Barry, Bette and Led Duke, Incorporated, the lowest bidder, and approval for Chairman to sign associated contract - Added. Item #4A ' A~:~ O~ TO CO]~IINITY GARE FOR THE ELDERLY PROGRAM Coaaissioner Saundere moved, seconded by Coutsstoner Shanahan and cmrrie~ unanimously, to authorize the et~ning of Amendment On~ to Contract 24-91 between Collier County and the Council for Human '~¢es of South Central Florida, Inc., d/b/a Area Agency on Aging. Page 2 December 27, 1990 ~-/J::.CONTRACT FOR CONTINUATION ~RANT UND~ O~D~ AME~CARS ACT - APPROVED IN THE ~OUNT OF $127,769 FOR THE PXRIOD OF JANUARY I 1991 THROUGH pECEMBER 31, 1991 Comissioner Shanahan ~oved, seconded by Comissioner Saunders and c~ri~d unanimously, to authorize the el~ning of Contract 2-91 with ~.. the Council for Human Services of South Central Florida, Inc., d/b/s Area Agenc~ on Aging, for Older Americans Act grant funds in the ~ant of $127,769 for the period of January 1, 199~ through December 31, 1991. Page 3 December 27, 1990 BID 90-1656 FOR THE CONSTRUCTION OF TH~ LIBRARY HEADQUAR~ - AWARDED i'!('TO BAI~2~Y, BETTE AND LED DUE~, INCORPORATED, IN TH~ AMOUNT OF ~3,364~300 Tom Olliff Assistant to the County Manager, explained that County Dolicy requires all money for any one project be available in order to :e a contract. He stated impact fees are the .'-uurce of funding this project however since there are not sufficient impact fees in this fiscal year's budget, the source will be shown as borrowed · from the County's line of credit. He said in actuality, those funds may never be spent because of anticipated impact fees available during next fiscal year. Commissioner Volpe asked if the issue of relocating the Library during construction has been resolved? Robert Demarest, Library Director, stated the -~.ssue has been ten- {~.~tatively resolved with the Library hopefully moving to a rental faci- lity at the corner of U.S. 41 and 5th Avenue South for one year. He {'said a lease will be prepared and brought before the Board of County /Gommlssioners during the first part of January. In answer to Commissioner Volpe, Mr. Demarest replied this request .... ts for construction only and does not include asbestos removal which will be a separate contract. He said an engineerinG firm has been hired to write the demolition spec/f/cations for the asbestos removal ~{e stated that amount will be approximately $170-200 000 with the work be completed before the County is obligated to provide the property ~°~ 'the contractor. Mr. Demarest affirmed for Commissioner Shanahan that the total i~!. required amount for this project is $4 784,000 Commissioner Shanahan moved, seconded by Commissioner Goodnight to ;~em~d Bid 90-1656 for the construction of the Library Headquarters to Bette and Led Duke, Incorporated, in the amount of $3,364,S00 ~psr~ove the Ch, aim to sign the associated contract. Commissioner Volpe questioned by what amount does the anticipated cf this project exceed what was originally budgeted? Mr. Page 4 December 27, 1990 responded the original estimate is being exceeded as the {~re~ult of $30,000 for asbestos engineerinG, $200,000 for asbestos removal and approximately $125,000 for temporary relocation expenses. He said the shortfall will all be made up from impact fees. Upon call for the question, the motion carried unanimously. .- December 27, 1990 NO. Z0-90-18, THO~U~ WOOD OF V~GA, BROWN, STANLEY & M~RTIN, P.A., ~[NG SIGN OF ~ V[~ ~STA~, ~QUESTING ~ ~ TO O~IN~C~ NO. 82-2 BY ~DING SUBSECTION 8.12f, O~-S~ET ~~ FACILITIES - P~ING ~ LO~ING, IN ORDER TO ADD PROVISIONS ~R ~ P~ING - DENIED Legal notice having been published in the Nap/e,. Daily News on ':-November 19, 1990, November 21, 1990 and December 5, 1990 as evi- l~''' denced by Affidavits of Publication filed with the Clerk, public ~hearing was opened to consider Petition No. Z0-90-18 filed by Thomas of Vega, Brown, Stanley & Martin, P.A., representing Sign of the Vine Restaurant, requesting an ordinance amending Ordinance 82-2 by ~ amending Section 8, Supplementary District Regulations, by adding sub- ~" section 8.12f, Off-Street Vehicular Facilities - Parking and Loading, ~ in order to add provisions for shared parking. Bill Hoover, Planning Services, explained approval of this amend- will allow the Board of Zoning Appeals to consider on an indivi- dual basis, and conditionally approve where appropriate, off-site (;~parktng on property that Is not under the same ownership as the struc- .or use the parking is designed to ~erve. He stated the Amerlcan ~ Pla~1ng Association encourages shared parking where the same parking ~spaces can conveniently and safely be used by two or more land uses, where the peak parking demands for the land uses occur at dlf- ~:'~t. ferent times. He said they also recommend that written ~arantees or ......agreements be used for o~-stte park~ng. He indicated Staff~ has taken a ~tep ~urther by recommending a feasible, alternative parklng pl~ or a land reservation be required tn case something should go ~ong with the ~hared parkln~ a~reement. He concluded that ~,~[reco~ends approval of this amendment, ~ In ~swer to Co~sstoner Hasse, Planner Hoover reported that [staff su~'~ports a lease a~reement of five years with an additional five option. He also mentioned that the CCPC unanimously recommended that churches, as well as businesses whose hours of operation do not those of the other property be considered for a 50% maximum parking credit with most other requests limited to a maxim~ of 25%. December 27, 1990 :'::: Commissioner Volpe commented that with the absence of criteria within the ordinance, it will be very difficult for him to make a /.determination relative to the appropriateness of each shared parking : ,eguest. .> Planner Hoover indicated certain criteria has b~en included and if applicant cannot meet them, Staff will not even consider the :~.'request. He said in that way Staff can weed out applications that are ~:! definitely inappropriate. He relayed those criteria as the require- ~eDt that all parking spaces must be paved and also be within 300 feet the building they serve. Commissioner Volpe communicated that shared parking between a church and a school has been stated as the ideal example. He said :!-/ when this was last discussed, he recalls that in the case of a new ii'building, the alternative parking would be required to be reserved on / site. He stated that only in a situation where there is an existing church with no room to expand would an agreement be allowed for the . alternative parking plan to be off site. He related that the County ~ wants to accommodate someone caught within the growth going on around 'him, but new construction should be required to accommodate the amount ~?of parking necessary for the use that the property was acquired for. ~:.' Planner Hoover agreed that may be a good point to require land ~eservation in every case of new construction. Thomas Wood, representing Sign of the Vine Restaurant, stated that ?i:the owl~ers purchased the restaurant five years ago and were not aware of the problems with parking. He said other communities have used · this flexible approach as a rational solution to problems where people -...are attempting to expand or suddenly realize they do not have the ~.a~proprtate parking and may have to go out of business if they reduce g spaces. He stated this ordinance will not specifically bene- ii'!'i'fit h~s client, but will enable everyone in the County with similar 'problems to have the opportunity to be reviewed by the Board for a Solution. Commissioner Shanahan mentioned that he is comfortable with the Page 7 '~:'~ ~ December 2?, 1990 and possibly some additional lan~ruage will alleviate the ,,cOncerns being expressed by Commissioner Volpe. ~ Commissioner Saunders questioned the need for additional language {ko provide those protections, stating there is flexibility within the Ordinance to require appropriate documentation of s]:ared parking agreements. Co""atmsioner S&unders ~oved, seconded b~ Commt~stonsr Goodnlght ~aZTted unani~u~l¥, to close the ~bllc hearing. C~isstoner Sanders ~ov~, seconded by Comlssloner ~ight ~~ ~tition Z0-90-18 ~ reco~ended ~ Staff. The motion 3/2 (Cmtesto~rs Vol~ ~d H~ae op~sed) O~~ ~-~12 ~ PETITION ZO-90-15, ~ ~OLDS ~S~IN~ ~, ~TON i ~, INC., ~Q~STIN~ ~ ~ TO 0~~ 82-2 ~ ~IN~ SECTION 20, DEFINITIONS, BY DELETIN~ ~E D~O~: O~ICE, BUSI~SS; O~ICE, ~E~; O~ICE, PRO~SSIONAL; ~C, ~IC~ OR D~; ~ BY ~DIN~ ~ DEFINITIONS: O~ICE ~IC~ O~ICE/CLINIC - ~ED Legal notice having been published in the Naples Dally News on November 19, 1990 November 21 1990 and December 5 1990 as evi- denced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider Petition Z0-90-15, filed by Alan Reynolds representing Wilson, Miller, Barton & Peek, Inc. requesting ~:~an amendment to Ordinance 82-2 by amending Section 20, Definitions. Wayne Arnold, Planning Services stated this amendment will delete :the definitions of business, general and professional office and ~ the singular definition of office. He said it will further ~ the current definition of medical or dental clinic and create singular definition of medical office/clinic. He indicated Staff .~supports this request because it will reduce redundancy within the · and will also provide necessary differentiation between what ~.;~ ~ . 'currently defined as a medical office as opposed to a general :;;office. Be stated the CCPC has forwarded Petition ZO-90-l§ to the Board of County Commissioners with a vote of 4/1 for approval. Alan Reynolds, representing Wilson, Miller, Barton & Peek, Inc., Page 8 ~ · December 27, 1990 ~ted that this request will consolidate within the zoning /.ordinance what is now a professional and a business definition into a stngular definition of office. He said, for example a real property ~raiser by definition in the current ordinance iv not considered a iProf~Ssional, nor is a stockbroker or a financial a:;~isor He said :the definitions are out of date and are not structured to encompass s office environment. Ne advised the differentiation will still ~:reaain between medical office and traditional office se%tings. C~toner Shanah~n ~oved, seconded by Coemies~oner Saunders ~ c~ ~~ly, to close the ~bllc hearlng. C~aet~r S~ ~d, seconded ~ Co~tss~oner Sanders ~d c~ ~~ly, t~t Petltlon Z0-90-~5 ~ approved ~ presented ~ ~ t~t t~ Ordt~ce ~ n~red ~d t~tled ~1~ ~ adopted ~d ;~te~ ~nto Ordl~ce ~ok 42: ORDINANCE 90-112 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 20, DEFINITIONS, BY DELETING THE DEFINITIONS: OFFICE, BUSINESS; OFFICE, GENERAL; OFFICE, PROFESSIONAL; AND CLINIC, MEDICAL OR DENTAL; AND BY ADDING THE DEFINITIONS, OFFICE AND MEDICAL OFFICE; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. OI~DI~Z 90-113 RE PETITION Z0-90-12, COMMUNITY DEVELOPMENT S~VICES :~ 'DMSZON I~TING AN AMENDI~ENT TO ORDINANCE 82-2, AMENDING SECTION [4, ~ION 14.13, IN ORDER TO ELIMINATE THE REQUIREMENT OF TWO ~ (200) FEgT OF STREET FRONTAGE FOR ~EZONE PETITIONS THAT I~ROVZD~ 80~ AFFORDABLE HOUSIN~ UNITS, AND AMENDING SECTION 20 D~FI~TION$, TO ADD A DEFINITION OF "AFFORDABLE HOUSING" - ADO~D Legal notlce having been published in the Naples Daily News on November 19, ~9~0, November 21, 1990 and December 5, 1990, as ~denced by Affidavits of Publication filed with the Clerk, public · was opened to consider Petition ZO-90-12, filed by Community ~Development Services Division, requesting an amendment to Ordinance '2 amending Section Subsection and Section :ions. phil~Scheff, Planning Services· explained this amendment will 'the requirement of 200 feet of street frontage for rezone pet/- '49 Page 9 December 27, 1990 that provide 80~ or more of affordable housing units. He said Section 20, Definitions, will also be amended to include a definition t~:of affordable housing. He reported that Staff originally proposed i~that this be recommended for 100% of affordable housing units. He ~!indicated that, based on the adoption of the new af~.~rdable housing density bonus ordinance it has been revised to 80% or mo£~ and also [~includes revision of the definition of affordable housing, to be con- It with that of the previously adopted ordinance. He advised the CCPO has forwarded Petition Z0-90-12 with a recommendation of unani- 'moue approval. He concluded that Staff is also recommending approval subject to the CCPC recommendation, with the subsequent changes as prol~osed by Staff relative to the 80~ or more rule and the definition lable housing. i?::In,an~wer to Commissioner Volpe, Planner Scheff stated that from a land use planning perspective, Staff feels this amendment is appropriate because each petition will be reviewed on a case-by-case basis by Staff, the CCPC and the Board of County Commissioners. He !said Project Review Services will look at each project and set 50 feet [:~f frontage as the minimum required. Comm/~oner Shanahan moved, seconded by Commissioner Smunders and · :,Ca,Tied un~nimously, to close the ~ublic hearing. ,, Comm/ssionsr Shanahan moved, seconded by Commissioner Saunders and ,c~rr~d ~mousl¥, that Petition Z0-90-12 be approved, and that the (OF~~ ~ numbered ~d titled ~elow be adopted and entered into ~e Book 42: ORDINANCE 90-113 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 14, AMENDMENTS, SUBSECTION 14.13, LIMITATIONS ON 7HE REZONING OF PROPERTY, IN ORDER TO ELIMINATE THE REQUIREMENT OF T'~O HUNDRED (200) FEET OF STREET FRONTAGE FOR REZONE PETITIONS THAT PROVIDE 80% OR MORE AFFORDABLE HOUSING UNITS; BY AMENDING SECTION 20, DEFINITIONS, TO ADD A DEFINITION OF "AFFORDABLE HOUSING"; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY il.' .PROVIDING AN EFFECTIVE DATE. 90--114 lq~ PETITION 50-90-1, COMMUNITY D~VELOPMENT DIVISION AN AMENDMENT TO THE COLLIER COUNTY SIGN ORDINANCE FOR THE iUNI]~YlqPORATED AREA OF COLLIER COUNTY, ORDINANCE NO. 89-60, IN ORDER ~'?'-!' O~ PAG£ 50 Page D~cemb~r 27. 1990 TO { C]I~I{ TO 2 ~~D SE~IONS PLUS MINOR C~8ES ~ ~I~ O~IN~ SO ~T ~ICATIONS, PE~I~IN~ ~ ~ C~ B~ I~O~D - ~D AS ~ED Legal notice having been published in the Naples Daily News on ?aNovember 19, 1990, November 21, 1990 and December §, 1990, as evi- ii~encecl by Affidavits of Publication flied with the Clerk, public hearing was opened to consider Petition S0-90-1, flied by the Gommu_n~t¥ Development Division, requesting an amendment to Ordinance 89-60 to make changes to the enumerated sections plus minor changes hour. Planner Hoover reported various changes as recommended by Mr. ~(~:.: Davis of Signcraft have been incorporated into this proposal as well ~, ,:.. , as a new definftfon for a shopping center, which will now be defined ~ as eight or more retail businesses or service establishments that have a minimum total of 20,000 square feet He requested the new defini- tion be included in the Board's recommendation. ., In answer to Commissioner Volpe, Planner Hoover stated the new definition is motivated by an ongoing problem Staff is encountering constantly changing uses, i.e , a restaurant converting to an :office or general retail. He said rather than recompute the parking ~i'in each instance, the new definition is intended for a multiple number of uses. John Wllver, Customer Service Supervisor, communicated that each -~ndividual commercial site is allowed one free-standing sign not to ' exceed 100 square feet if they have 150 feet of highway frontage, and 'ilone wall si~n for street frontage not to exceed 20% of the wall it is to. Commissioner Hasse communicated his concern with some of the iarchftecture and coloring of structures allowed in Collier County. Frank Brutt, Community Development Services Administrator, ':reported he has provided a letter to the Board relative to community and ts waiting for gu/dance on this issue. He said he will ~o~de copies to the Board of a community appearance board ordinance another area in Florida. Page December 27, ~990 Mr. Brutt continued, asking the Board to consider a further amend- !l~nt to the ordinance regarding the height of flag poles. Ne recom- iended changing the maximum height of flag poles for the American, State and County flags to 35 feet from the approved ground level. In answer to Commissioner Hasse, Mr. Brutt defi';~d ground level as average ground level from the right-of-way to the building site. He.added a request that this particular clause be effective January 1, '~,.~toner Saundere moved, eeconded by Commissioner Shanahan and - to clo~e the public hearing. · C~lsstoner Shanahan moved seconded by Commissioner 0oodntght C~XTied lZl~u~i~ousl¥, that Petition S0-90-1 be approved with Staff"e changes, including the shopping center definition and the ~,~=~nt L-egarding the height of flag poles and its effective date, f.~nd thet the Ordinance u numbered and titled below be adopted and ·nto Ordina~nce Book 42: ORDINANCE 90-114 AN ORDINANCE AMENDING ORDINANCE NUMBER 89-60, THE SIGN ORDINANCE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING SECTION 3, GENERAL, SUBSECTION 3.02, DEFINITIONS, BY AMENDING THE DEFINITIONS OF "POLE SIGN," "SHOPPING CENTER", "SIGN AREA", "STRIP LIGHTING" AND "V-SHAPED SIGN"; AND ADDING A DEFINITION OF "SNIPE SIGN;" SECTION 4, SIGNS EXEMPT FROM PERMITTING, SUBSECTION 4.01, BY AMENDING THE REQUIREMENTS FOR EXEMPTED REAL ESTATE SIGNS AND FLAGS AND BY ADDING EXEMPTIONS FOR CERTAIN CONSTRUCTION SIGNS AND SIGNS UTILIZED IN CONJUNCTION WITH TEMPORARY USE PERMITS; SECTION 5, PROHIBITED SIGNS, SUBSECTION 5.01, BY AMENDING THE CRITERIA FOR PROHIBITED SIGNS ATTACHED TO VEHICLES AND BOATS AND BY PROHIBITING TETHERED INFLATABLE SIGNS; SECTION 6, PERMITTED SIGNS, SUBSECTION 6.01, BY DELETING CERTAIN DISTANCE REQUIREMENTS FOR SIGNS; BY ADDING CRITERIA FOR FLAGS; BY AMENDING CERTAIN REQUIREMENTS FOR CONSTRUCTION SIGNS, BY DELETING TETHERED INFLATABLE SIGNS AS A PERMITTED SIGN; BY ADDING REQUIREMENTS FOR REAL ESTATE SIGNS, BY AMENDING CERTAIN REQUIREMENTS FOR WALL OR MANSARD SIGNS WITHIN AGRICULTURAL DISTRICTS, AND OTHER MINOR CHANGES; SECTION 7, NONCONFORMING SIGNS, SUBSECTION 7.01, BY AMENDING CERTAIN REQUIREMENTS FOR NONCONFORMING OFF-PREMISES SIGNS; SECTION 9, PERMIT APPLICATIONS, SUBSECTION 9.01C, GENERAL, BY ADDING REQUIREMENTS FOR CERTIFIED DRAWINGS BY A FLORIDA REGISTERED ENGINEER FOR CERTAIN SIGNS, ENGINEERING CRITERIA FOR WALL SIGNS, REQUIREMENTS FOR THE DISPLAY OF SIGN PERMIT NUMBERS AND OTHER MINOR CHANGES; SECTION 10, ENFORCEMENT, SUBSECTION 10.O1, GENERAL, BY MAKING MINOR CHANGES, SUBSECTION 10.02, ENFORCEMENT PROCEDURES, BY ADDING A PROVISION PERMITTING IMMEDIATE REMOVAL OF SIGNS IN RIGHT-OF-WAYS OR OTHER PUBLIC PROPERTY; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. There being no further business for the Good of the County, the '~ettng was adjourned by Order of the Chair - Time: ~:20 P.M December 27, 1990 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~'"l~[X A HA~"~E; CHAIRM~ by the Board on _~/. ~.~/'. . or as corrected Page 13