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02/27/2024February 27, 2024 - REGULAR MEETING McDaniel LoCastro Saunders Hall Kowal Passed Failed AGENDA ITEM MOTION Ordinance/Resolution CLERK VOTES TRACKING Item #2A - Approval of today's regular, consent and summary agenda as amended Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro — (ex parte disclosure provided by commission members for consent agenda.) Approved and/or Adopted w/changes 5/0 Yes Yes Yes Yes Yes Yes Item #211 - October 10, 2023, BCC Minutes Motion to approve as presented by Commissioner Saunders; Seconded by Commissioner Locastro — Approved 5/0 Yes Yes Yes Yes Yes Yes Item #2C - February 6, 2024, BCC Workshop Minutes Motion to approve as presented by Commissioner Saunders; Seconded by Commissioner Locastro — Approved 5/0 Yes Yes Yes Yes Yes Yes Item #8A - Recommendation that the Board of County Commissioners, sitting as Resolution 2024-35: Motion accepting Susan Swift as an expert witness by Commissioner the Board of Zoning Appeals, review the appeal of the August 18, 2023, Official Saunders; Seconded by Commissioner Kowal — Approved 5/0; Motion accepting Jessica Interpretation issued by the Zoning Director regarding the type of use or uses that Harrelson as an expert witness by Commissioner Saunders; Seconded by Commissioner Kowal qualify as a neighborhood fitness and community center, a Conditional Use in the — Approved 510; Motion to uphold the County's current official interpretation by Yes Yes Yes Yes Yes Yes No Golf Course Zoning District, and uphold the interpretation of the Zoning Director Commissioner LoCastro; Seconded by Commissioner McDaniel — Failed 2/3 (Commissioner Yes Yes Yes Yes Yes Yes No that a "neighborhood fitness and community center" is a facility that serves the Hall, Commissioner Saunders, and Commissioner Kowal opposed); Motion to Reject the Resolution - 2024-35 Yes Yes No No No No Yes fitness and community needs of various neighborhoods and a broader community. original interpretation as not being based on competent, substantial evidence by Commissioner No No Yes Yes Yes Yes No This is a county -wide Interpretation not specific to the Lakewood Golf Course. (All Kowal; Seconded by Commissioner Hall — Adopted 3/2 (Commissioner McDaniel and Districts) Commissioner LoCastro opposed) Item #9A - Recommendation to amend Collier County Growth Management Plan to This item has been continued to the April 23, 2024, BCC Meeting. add the JLM Living East Residential Overlay to allow a maximum density of 305 multi -family dwelling units with affordable housing for property within the Rural Fringe Mixed Use District -Receiving Lands. The subject property is located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of±37.2 acres. PL20220003804 (Companion to Items #913 and #9C) (District 3) Item #911 - Recommendation to approve a rezoning of real property from a Rural This item has been continued to the April 23, 2024, BCC Meeting. Agricultural (A) zoning district within the Rural Fringe Mixed -Use Overlay - Receiving District and within the Special Treatment Overlay (ST) for the project to be known as JLM Living East RPUD, to allow construction of up to 305 multi- family dwelling units with affordable housing on property located on the south side - - - - - of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, consisting of 37.2f acres. PL20220003805 (Companion to Items #9A and #9C) (District 3) Item #9C - Recommendation to approve Petition VAC-PL20230007642 to disclaim, This item has been continued to the April 23, 2024, BCC Meeting. renounce, and vacate the County and the Public interest in the 10-foot-wide public road right-of-way easement over the westerly 10-feet of Tract A-1, as described in Official Record Book 1476, Page 242, of the Public Records of Collier County, Florida, located approximately 2,000 feet south of Immokalee Road (CR-846) and - - - - - - 1,000 feet west of Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (Companion to Items #9A and #9B) (District 3) Item #9D - Recommendation to adopt an Ordinance amending the Collier County Staff to bring back a report at a future BCC Meeting Land Development Code to establish provisions for food truck parks and mobile food dispensing vehicles. [PL20220006373] (First of two hearings) (All Districts) - - - Item #10A - Request that the Board consider scheduling a referendum on returning Discussed; Motion to have the Productivity Committee have 90-120 days to weigh and bring to at -large commission districts, wherein each Commissioner would reside in one of back a study w/pros and cons to the BCC for suggestion by Commissioner Saunders; Seconded the five Commission Districts but would be elected in a County -wide vote. (All by Commissioner McDaniel — Failed 2/3 (Commissioner No Yes Yes No No No Yes Districts) McDaniel, Commissioner Hall, and Commissioner Kowal opposed) Item #10B - Recommendation to hear the reconsideration of the McDowell Motion to move the project forward by Commissioner Saunders; Seconded by Commissioner Housing Partners - Ekos on Collier project approval of Workforce Housing Land LoCastro — Approved 5/0 Acquisition Surtax Funding, made during discussion of Item #11B at the January 23, Yes Yes Yes Yes Yes Yes 2024, BCC Meeting. (All Districts) Item #11A - Recommendation to consider a request by Rural Neighborhood, Inc. Motion to approve the extension by Commissioner Saunders; Seconded by Commissioner and Renaissance Hall at Old Course, LLC for an extension of the financing LoCastro — Approved 4/1 (Commissioner Hall opposed) commitment deadline to March 26, 2024, and approve the Second Extension to Financing Commitment Deadline in the Developer Agreement and Lease for the Yes Yes Yes Yes Yes Yes Golden Gate Golf Course Housing Project. (Ed Finn, Deputy County Manager) (District 3) Item #12A - Recommendation that the Board authorizes staff to prepare an Continued to a Future Board Meeting (Per Agenda Change Sheet) amendment to the Growth Management Plan resulting from a mediation concerning a July 28, 2010, Developer Agreement involving the Randall Boulevard Commercial Subdistrict, and authorize staff to engage a transportation engineer in order to complete the County's portion of a Transportation Impact Statement required for the Amendment. (District 5) Item #13 - Recommendation to appoint two Commissioners as regular members, Resolution 2024-36: Motion appointing Commissioner Saunders and Commissioner Kowal to three Commissioners as alternate members, and ratification of appointed citizen the VAB and ratifying the appointed citizen members and alternate citizen members for one member and alternate citizen member for a one-year period on the Value Adjustment year by Commissioner McDaniel; Seconded by Commissioner LoCastro - Adopted 510 Resolution 2024-036 Yes Yes Yes Yes Yes Yes Board. (All Districts) SUMMARY ITEM W MOTION Ordinance/Resolution VOTES CLERK TRACKING Item #17A - Recommendation to adopt an Ordinance amending the Collier County This Item is being Continued to the March 26, 2024, BCC Land Development Code to clarify the regulations pertaining to mobile homes Meeting. located in the coastal high hazard area, to remove duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of Ordinances or - - - - - with the Florida Building Code, and to update citations and correct scrivener's errors. [PL20220005067 and PL20230014143] (All Districts) Item #17B - Recommendation to adopt an Ordinance amending the Collier County Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro — Land Development Code, to update the provisions related to wireless communication Approved and/or Adopted w/changes 5/0 facilities. [PL20230013966] (Second of two hearings) (All Districts) Ordinance 2024-05 Yes Yes Yes Yes Yes Yes Item #17C -Recommendation to adopt an Ordinance amending the Collier County Moved to Item #9D (Per Agenda Change Sheet) Land Development Code to establish provisions for food truck parks and mobile food dispensing vehicles. [PL20220006373] (First of two hearings) (All Districts) - - - - - - Item #17D - This item requires that Commission members provide ex-parte Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro — disclosure. Should a hearing be held on this item, all participants are required to be Approved and/or Adopted w/changes 5/0 sworn in. Recommendation to approve a rezoning ordinance amending Ordinance No. 2001-10, as amended, the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (MPUD), to increase the maximum zoned height of two buildings on Lot 2 from 50 feet to 55 feet near the southwest comer of Collier Ordinance 2024-06 Yes Yes Yes Yes Yes Yes Boulevard (C.R. 951) and Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. [PL20230010984] (District 3)