04/25/2023APRIL 25, 2023 - REGULAR MEETINGMcDaniel LoCastro Saunders Hall Kowal Passed FailedAGENDA ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #9A - Approve an Ordinance rezoning a portion of Justin’s Village to increase density, by amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending Ordinance 2023-21: Motion to approve by Commissioner Hall; Seconded by Commissioner McDaniel - Approved as presented 5/0Ordinance 2023-21Yes Yes Yes Yes YesYesItem #9B - A Resolution of the Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to add the US 41 East Overlay to allow certain Resolution 2023-81: Motion to approve by Commissioner LoCastro; Seconded by Commissioner Saunders - Approved as presented 5/0Resolution 2023-81Yes Yes Yes Yes YesYesItem #9C - An Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Future Land Use El t d th F t L d U M d i t i t f fMotion to continue to the May 9, 2023, BCC Meeting w/more detail by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved 5/0Yes Yes Yes Yes YesYesItem #10A - Approve a Sixth Amendment to the Long-Term Lease and Operating Agreement for the Golf and Entertainment Complex (the "Lease") with CC BSG Naples, LLC ("BigShots") to Extend the Financing Contingency Period to June 30, 2023.Motion to approve the 60-day extension as a final amendment by Commissioner Saunders; Seconded by Commissioner Hall - Approved 4/1 Commissioner McDaniel opposedNo YesYes Yes YesYes -Item #11A - Ratify the County Manager’s awarding of Invitation to Bid (“ITB”) No. 23-8111, “Collier 2023 Emergency Berm Truck Haul and Construction, Reach A” to Phillips & Jordan, Inc., in the amount of $6,723,041.50, “Collier 2023 Emergency Berm Truck Haul and Construction, Reach B” to Earth Tech Enterprises Inc., in the amount of $8,422,934.50, authorize the Chairman to sign the attached the Agreements, approve the attached budget amendments, and Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved as presented 5/0Yes YesYes Yes YesYesItem 11#B - Recommendation to approve First Amendment to Developer Agreement with Rural Neighborhoods, Inc., to develop Housing at the former Golden Gate Golf Course. (Companion to Items #11C & #11D) (Cormac Giblin, Economic Development and Housing Division Director)Motion to approve all three (#11B, #11C, #11D) all at the same time, with the changes discussed along w/ clean up item by staff and the County Attorney by Commissioner McDaniel; Seconded by Commissioner Saunders - Approved as presented 5/0Yes YesYes Yes YesYesItem #11C - Collier County Standard Form Long-Term Ground Lease with Rural Neighborhoods, Inc., to develop Housing at the former Golden Gate Golf Course and authorize necessary budget amendments. (Companion to Items #11B & #11D) (Cormac Giblin, Economic Development and Housing Division Director)Motion to approve all three (#11B, #11C, #11D) all at the same time, with the changes discussed along w/ clean up item by staff and the County Attorney by Commissioner McDaniel; Seconded by Commissioner Saunders - Approved as presented 5/0Yes YesYes Yes YesYesItem #11D - Approve and authorize the Chairman to sign a State Housing Initiative Partnership Sponsor Agreement between Collier County and Renaissance Hall at Old Course, LLC in the amount of $1,500,000 for new construction of rental housing units at the Golden Gate Golf Course, and authorize the County Manager or designee to execute any and all SHIP-related restrictions for this property in accordance with this agreement and project. (Companion to Items #11B & #11C) (Kristi Sonntag, Community and Human Services Division Director)Motion to approve all three (#11B, #11C, #11D) all at the same time, with the changes discussed along w/ clean up item by staff and the County Attorney by Commissioner McDaniel; Seconded by Commissioner Saunders - Approved as presented 5/0Yes YesNo Yes YesYes Item #11E - Approve an Agreement for Sale and Purchase with WISC Investment Company, LLC, for 0.39 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $432,600.Motion to approve by Commissioner LoCastro; Seconded by Commissioner Saunders - Failed 2/3 (Commissioner McDaniel, Commissioner Hall & Commissioner Kowal opposed)NO YesYes NO NONO YESItem #11F - Approve a Fifth Amendment to the Facilities Management Agreement #21-7898 with Sports Facilities Management, LLC to amend the budget to reflect the increased cost of goods from $488,928 to $889,365, increased revenues from $1,389,743 to $1,922,474, authorize the Chairman to sign the amendment and authorize all necessary budget amendments.Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved as presented 5/0Yes YesYes Yes YesYesItem #11G - Approve the Second Amendment to Agreement No. 15-6365 for “FEMA Acceptable Debris Removal for Disaster Generated Debris” with AshBritt, Inc., d/b/a AshBritt Environmental, to increase the fee schedule rates 7%, effective on the renewal date of January 12, 2023, and authorize the Chairman to sign the amendment.Motion to approve by Commissioner Saunders; Seconded by Commissioner McDaniel - Approved as presented 5/0Yes YesYes Yes YesYesItem #12A - Approve and authorize the Chairman to execute a Mediated Settlement Agreement with La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowners Association, Inc., for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Riviera Golf Course.Motion to move forward as written in the agenda by Commissioner Kowal; Second by Commissioner LoCastro - Approved as presented 5/0Yes YesYes Yes YesYesVOTES
SUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 99-69, as amended, the Forest Glen of Naples Planned Unit Development (PUD), by adding warehousing and flex space uses including specialty trade contracting, minor fabrication, and manufacturing as principal uses in addition to previously permitted commercial uses on the Commercial Tract located at the southeast corner of the intersection of Collier Boulevard and Beck Boulevard, subject to the limitation of 100,000 square feet for all uses on the Commercial Tract. The subject Commercial Tract consisting of 9.6+/- acres is part of the 635+/- acre PUD located in Section 2, Township 50 South, Range 26 East, Collier County, Florida. (PL20200002302) (District 1) Motion to approved by Commissioner Saunders; Secconded by Commissioner McDaniel and Commissioner Kowal - Approved and/or Adopted w/changes 5/0Ordinance 2023-19Yes YesNo Yes YesYesItem #17B - 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 and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) zoning district and eliminate the Activity Center #9 Overlay zoning district, and establish uses, boundaries, and design standards, 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 One General Provisions, including Section 1.08.01 Abbreviations; Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four Site Design and Development Standards, including Section 4.02.23 Same—Development in the Activity Center #9 Zoning District; and Chapter Five Supplemental Standards, including Section 5.05.08 Architectural and Site Design Standards; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002400] (First of two hearings) (District 1, District 3, District 5) Motion to approved by Commissioner Saunders; Secconded by Commissioner McDaniel and Commissioner Kowal - Approved and/or Adopted w/changes 5/0 Ordinance 2023-20Yes YesNo Yes YesYesItem #17C - Adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (The budget amendments in theattached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.)Motion to approved by Commissioner Saunders; Secconded by Commissioner McDaniel and Commissioner Kowal - Approved and/or Adopted w/changes 5/0Resolution 2023-79Item #17D - Approve Petition VAC-PL20220000374 to disclaim, renounce and vacate the County and the public interest in two unimproved 30-foot-wide public right-of-ways described as Avenue “B” and First Street, according to the COL-LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, Page 32, of the Public Records of Collier County, Florida. The subject property is located on the south side of U.S. 41 between Fredrick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida; and to approve a Developer Agreement with TB East Trail LLC (Developer) and Collier County (County) to provide $528,431.35 for a stormwater management improvement between Spruce Street and Pine Street.Motion to approved by Commissioner Saunders; Secconded by Commissioner McDaniel and Commissioner Kowal - Approved and/or Adopted w/changes 5/0Resolution 2023-80VOTES