BCC Minutes 02/06/2002 S (LDC Amendments)February 6, 2002
SPECIAL MEETING OF February 6, 2002
OF THE BOARD OF COUNTY COMMISSIONERS
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 5:10 p.m. in SPECIAL
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRMAN:
VICE CHAIRMAN:
JIM COLETTA
TOM HENNING
JAMES D. CARTER, PH.D
DONNA FIALA
FRED COYLE
ALSO PRESENT:
TOM OLLIFF, County Manager
MARJORIE STUDENT, Assistant County
Attorney
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 6, 2002
5:05 P.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY
MANAGER 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
MANAGER 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 6, 2002
PLEDGE OF ALLEGIANCE
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT: SECTION THREE, AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION 3.15,
ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF
RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY
ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR
DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATE.
3. ADJOURN
INC~UIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADF
TO THE COUNTY MANAGER'S OFFICE AT 774-838~.
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February 6, 2002
February 6, 2002
Item #2
ORDINANCE 2002-04 AMENDING ORDINANCE 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE BY
AMENDING DIVISION 3.15 ADEQUATE PUBLIC FACILITIES-
ADOPTED
CHAIRMAN COLETTA: This meeting is officially open.
COMMISSIONER FIALA: Do we have to say the Pledge?
COMMISSIONER CARTER: Stand for the Pledge of
Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COLETTA: Well, this member of the -- this is the
LDC meeting.
MR. LITSINGER: Yes. Good evening, Mr. Chairman and
commissioners. For the record, Stan Litsinger, Comprehensive
Planning Manager.
This LDC public hearing tonight is being held for the purpose of
adopting an ordinance to eliminate a provision from your Land
Development Code, otherwise known as Subsection 315.7.3.1.2.
Your first reading was heard on the evening of January the 9th, LDC
hearing. And to summarize very briefly, what we're proposing to do
tonight is to strike this particular paragraph from your Land
Development Code relative to your concurrency review process. The
reason to do this is that the proposed language provides a basis and
authority for a property owner to come forward at any time, not in
association with the application for development order, and to apply
for a certificate of adequate public facilities and have one issued for
anticipated level of development on any parcel thereby -- thereby
indemnifying the property in question against the impacts of
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February 6, 2002
incurrent -- concurrency in exchange for the deposit of estimated
impact fees that would apply to that development and to the Collier
County impact fee trust fund.
Pending changes to other provisions of Division 3.15 which you
will hear in the coming month -- of this month, February, and
concluded in March, will make significant changes to the way we
evaluate the impacts of projects on concurrency, in particular,
transportation and roads. And the reason that we feel it would be
necessary to eliminate this provision at this time is because this
process which is an administrative process, which was created by
political authority 12 years ago is not consistent with the
methodology we will be using in the future, and it would not be
appropriate to be issuing certificates that were not attached to a -- an
associated valuation of concurrency impact.
COMMISSIONER CARTER: I'll move for approval.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. Before we do that, how many
speakers do we have?
MR. OLLIFF: None --
MS. STUDENT: None registered.
CHAIRMAN COLETTA: And do you have something to add
to this Marjorie?
MS. STUDENT: Just when you make your motion, if you
would make a finding of consistency with the Growth Management
Plan.
COMMISSIONER CARTER: I would include that in my
motion.
COMMISSIONER COYLE: I'll accept it as my second.
CHAIRMAN COLETTA: Any other discussion or questions of
staff?.
(No response.)
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February 6, 2002
CHAIRMAN COLETTA: In that case, I'll call the motion.
those in favor signify by saying aye. (Unanimous response.)
CHAIRMAN COLETTA: The ayes have it 5 to 0.
MR. LITSINGER: That's all we have, Commissioner.
CHAIRMAN COLETTA: Thank. I declare this meeting
adjourned.
All
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:13 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONT~
JIM COLETTA, CHAIRMAN
s~ata~?.ese minut~proved by the Board on
presented v" · or as corrected
ATTEST:
::,DWigHT E. BROCK, CLERK
, as
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT
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February 6, 2002
REPORTING, INC., BY BARBARA A. DONOVAN, RMR, CRR
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