12/13/2022December 13, 2022 - REGULAR MEETINGMcDaniel LoCastro Saunders Hall Kowal Passed FailedAGENDA ITEMMOTIONOrdinance/Resolution CLERK TRACKINGOATH of Office - Chris HallGiven by Judge Joseph Foster for Commissioner Chris HallOATH of Office - Dan KowalGiven by Judge Joseph Foster for Commissioner Dan KowalItem #2A - Approval of today's regular, consent and summary agend as amended (ex parte disclosure provided by commission members for consent agenda.)Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #2B - BCC Meeting Minutes for November 8, 2022Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #2C - Recommendation that the Board appoint its members to the Community Redevelopment Agency, the Tourist Development Council, the Community and Economic Development Board, the Affordable Housing Advisory Committee, the Public Safety Coordinating Council, and the Southwest Florida Regional Planning Council. Motion appointing Commissioner McDaniel and Commissioner Kowal to the Community Redevelopment Agency by Commissioner LoCastro; Seconded by Commissioner Saunders – Approved 5/0; Motion appointing the outgoing Commission Chairman on a rotational basis to the Tourist Development Council by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0 (Appointing Commissioner McDaniel); Motion appointing Commissioner Hall to the Affordable Housing Advisory Committee by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0; Motion appointing Commissioner Kowal to the Public Safety Coordinating Council by Commissioner LoCastro; Seconded by Commissioner Saunders – Approved 5/0; Motion appointing Commissioner McDaniel with Commissioner LoCastro as back-up to the Southwest Florida Regional Planning Council by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0Item #9A - Recommendation to review and approve the 2022 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Schedule of Capital Improvements as provided for in Section 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes and adopt a Resolution that updates the 5-Year Capital Improvement Schedules. (PL20220004369) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Kowal – Adopted 5/0Resolution 2022-208Yes Yes Yes Yes YesYesItem #9B - This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Single Family-4 (RSF-4) zoning district, to allow up to 13 single family dwelling units with a maximum density of up to 2.45+/- dwelling units per acre on property located at 5715 Maple Lane, west of the Myrtle Cove Acres Unit 1 Subdivision, north of Maple Lane, and southwest of Tamiami Trail East, in Section 30, Township 50 South, Range 26 East, Collier County, Florida. (Zoning Petition RZ-PL20210002449) (District 1) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Kowal – Adopted 5/0 ****Per Commissioner Saunders in-meeting request following Public Petitions, CDC Grant Presentation on related details and requirements related to grant received by Collier County****Ordinance 2022-51Yes Yes Yes Yes YesYesVOTES
Item #9C - This Item to be heard no sooner than 1:00 P.M. This item requires that all participants be sworn in, and ex parte disclosure be provided by Commission members. Recommendation to approve a Resolution designating 681.5 acres within the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Receiving Area, to be known as the Brightshore Village Stewardship Receiving Area, which will allow development of a maximum of 2,000 residential dwelling units, of which a minimum of 10% will be multi-family dwelling units, a minimum of 10% will be single family detached, and a minimum of 10% will be single family attached or villa; a minimum of 106,000 and a maximum of 120,000 square feet of commercial development in the village center context zone; a maximum of 100,000 square feet of indoor self-storage in the village center context zone; a minimum of 20,000 square feet of civic, governmental, and institutional uses in the village center context zone; senior housing including assisted living facilities and continuing care retirement communities limited to 300 units in the SRA; and no commercial uses in the neighborhood general context zone; and 15 acres of amenity center sites; all subject to a maximum PM peak hour trip cap; and approving the Stewardship Receiving Area Credit Agreement for Brightshore Village Stewardship Receiving Area and establishing that 5198.4 stewardship credits are being utilized by the designation of the Brightshore Village Stewardship Receiving Area. The subject property is located north of Immokalee Road, northeast of the intersection of Red Hawk Lane and Immokalee Road in Sections 18 and 19, Township 47 South, Range 28 East, Collier County, Florida. (Companion Items to be heard at the same time as Items #9D, #11B, and #11C) [PL20210001067] (District 5) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders – Adopted 5/0Resolution 2022-209Yes YesYes Yes YesYesItem #9D - This Item to be heard no sooner than 1:00 P.M. Recommendation to consider Adoption of an Ordinance establishing the Brightshore Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes. (Companion Item to be heard at the same time as Items #9A, #11B, and #11C) [PL20220003103] (District 5) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders – Adopted 5/0Ordinance 2022-50Yes Yes Yes Yes YesYesItem #10A - Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an ordinance repealing Ordinance No. 2022-43, which requires residential landlords to provide sixty (60) days written notice of a rental increase over 5% to tenants with leases of one year or longer. (Sponsored by Commissioner Hall) (All Districts) Motion to approve and bring back to the January 10, 2022, BCC Meeting for more discussion by Commissioner Hall; Seconded by Commissioner McDaniel – Approved 4/1 (Commissioner Saunders opposed)Yes Yes Yes Yes YesYesItem #10B - Recommendation to receive an update on the current status of the proposed State Veterans’ Nursing Home and the next steps in Collier County’s formal recognition as the next site for construction. (Commissioner Saunders’ Request)ConsensusYes Yes Yes Yes YesYesItem #11A - This Item Continued from the September 27, 2022, and November 8, 2022, BCC Meetings. Recommendation to approve the Cycle 11A Conservation Collier Active Acquisition List (AAL), approve the revised Acquisition Cycle Ranking Schedule, and direct staff to pursue projects recommended within the A-Category in sequential order, funded by Conservation Collier Land Acquisition Fund (172). (Summer Araque, Environmental Supervisor, Conservation Collier Program) (All Districts) Motion to approve the A & B list with no price limitations regarding the total amount of expenditures by Commissioner LoCastro; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes YesYesItem #11B - This Item to be heard no sooner than 1:00 P.M. Recommendation to approve the Developer Agreement with Hogan Farms, LLC, (Developer) that will reserve right-of-way and stormwater management for the future widening of Immokalee Road, reservation for future intersection improvements at Immokalee Road and Red Hawk Lane and provide for a commitment to swap land to accommodate intersection improvements at Camp Keais Road and Immokalee Road. Companion Item to remaining Brightshore SRA documents & developer agreement. (Trinity Scott, Transportation Management Services Department Head) (Companion Item to be heard at the same time as Items #9C, #9D, and #11C) (District 5) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes YesYesItem #11C - This Item to be heard no sooner than 1:00 P.M. Recommendation to approve the Agreement between Hogan Farms, LLC, (Landowner) and the Board of CountyCommissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier County Water Sewer District (CCWSD) to exclusively provide potable water, wastewater and irrigation quality water services within the Brightshore Stewardship Receiving Area (SRA) development f/k/a Hogan Island Village. (Amia Curry, Director, Public Utilities Finance) (Companion Item to be heard at the same time as Items #9C, #9D, and #11B) (District 5) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders – Approved 5/0Resolution 2022-186Yes Yes Yes Yes YesYes
Item #11D (Added Per Agenda Change Sheet) - Recommendation to certify the existence of a valid public emergency for surveying, design, permitting, and post-design services required for the construction of an emergency berm necessary for protection of upland structures left vulnerable by Hurricane Ian, and to approve the issuance of a standard County work order to APTIM Environmental and Infrastructure, LLC for an expenditure of funds for those services in a not-to-exceed amount of $187,636.25. (Staff’s Request)Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved 5/0Yes Yes Yes Yes YesYesItem #14B1 - Recommendation to accept a project update to the Bayshore Drive Redevelopment Project currently under design with Stantec Consulting Services Inc., for the pedestrian connection from Bayshore Drive to Sugden Regional Park. (Debrah Forester, CRA Director) (District 4)ConsensusYes Yes Yes Yes YesYesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from (C-2) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project to be known as Everglades Equipment Group CPUD, to allow the development of up to 13,500 square feet of retail nursery and garden supply store and 15,000 square feet of (C-2) commercial uses and by providing an effective date. The subject 7.19± acre property is located on the north side of Radio Road, 818± feet northwest of the intersection of Radio Road and Davis Boulevard in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion Item to Item #17B) [PL20210002663] (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Ordinance 2022-45Yes Yes Yes Yes YesYesItem #17B - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series by adding the Radio Road Commercial Infill Subdistrict to the Urban-Mixed Use District, to allow 13,500 square feet of floor area for a retail nursery and garden supply store and up to 15,000 square feet of C-2 commercial uses; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. The subject property consisting of 7.19± acres is located north of Radio Road approximately 818 feet northwest of the intersection of Radio Road and Davis Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion Item to Item 17A) (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Ordinance 2022-46Yes Yes Yes Yes YesYesItem #17C - This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2001-61, as amended, the Mediterra Planned Unit Development to allow development of up to 120,000 square feet of permitted uses in the Village Center instead of up to 60,000 square feet of non-commercial uses and 20,000 square feet of commercial uses; and providing an effective date. The subject property, consisting of 25.8+/- acres of the 1167.8± acre PUD, is located on the west and east sides of Livingston Road, approximately one mile west of I-75 in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. [PL20210001368] (District 2) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Ordinance 2022-47Yes Yes Yes Yes YesYesItem #17D - Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Resolution 2022-206Yes Yes Yes Yes YesYesVOTES
Item #17E - This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20220004852, to disclaim, renounce and vacate the County and the public interest in a portion of the 7.5-foot drainage easement located along the border of Lot 53, of Parrot Cay, as recorded in Plat Book 58, Page 75, of the public records of Collier County, Florida, located in Section 1, Township 51 South, Range 26 East, Collier County, Florida. (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Resolution 2022-207Yes Yes Yes Yes YesYesItem #17F - Recommendation that the Board approve an Ordinance amending Collier County Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit (MSTU), to amend the geographical boundaries of the MSTU to remove properties that have been subdivided and developed into a residential community and no longer derive benefit from the MSTU. (District 3) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Ordinance 2022-48Yes Yes Yes Yes YesYesItem #17G - Recommendation that the Board approve a proposed amendment to Collier County Ordinance No. 86-72, the Sabal Palm Road Extension Municipal Service Taxing and Benefit Unit, to amend the geographical boundaries of the MSTU to remove three hundred thirty-two properties that no longer derive benefit from the MSTU’s stated purpose. (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Ordinance 2022-49Yes Yes Yes Yes YesYesItem #17H - This item has been Continued to the January 10, 2023, BCC Meeting. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires Conditional Use or Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220000207] (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0This item has been Continued to the January 10, 2023, BCC Meeting-----