03/26/2024March 26, 2024 - REGULAR MEETINGMcDaniel LoCastro Saunders Hall Kowal Passed FailedAGENDA ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.)Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Yes Yes Yes Yes Yes YesItem #2B - February 13, 2024, BCC Minutes Motion to approve as presented by Commissioner Saunders; Seconded by Commissioner Kowal – Approved 5/0Yes Yes Yes Yes Yes YesItem #2C - February 27, 2024, BCC Minutes Motion to approve as presented by Commissioner Saunders; Seconded by Commissioner Kowal – Approved 5/0Yes Yes Yes Yes Yes YesItem #4A - Proclamation designating March 24 - 30, 2024, as the 41st Anniversary of Know Your County Government Week. To be accepted by Tish Roland, 4-H Youth Development Agent, UF/IFAS Collier County Extension, Mikie Stroh, Social Studies Coordinator, Collier County Public Schools, and Diane Preston Moore, President, League of Women Voters.Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0Yes Yes Yes Yes Yes YesItem #4B - Proclamation designating March 29, 2024, as Vietnam War Veterans Day in Collier County. To be accepted by VFW Cmdr. Gamal "Tony" Reyes. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0Yes Yes Yes Yes Yes YesItem #9A - Recommendation to approve an Ordinance amending the Collier County Growth Management Plan to create the GMA Commercial Subdistrict within the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and Indoor Air-Conditioned Mini and Self-Storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of Indoor Air-Conditioned Mini and Self-Storage. The subject property, consisting of 9.84± acres, is located on the south side of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East. [PL20230002460] (Companion item to 9B) (District 3)Ordinance 2024- 14 Motion to approve with adjusted language to allow the conversion from Commercial to High density Residential by Commissioner McDaniel, Seconded by Commissioner Kowal – Adopted 5/0Ordinance 2024-14 Yes Yes Yes Yes Yes YesItem #9B - Recommendation to approve an Ordinance rezoning property to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as GMA CPUD, to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and indoor air-conditioned mini and self-storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of indoor air-conditioned mini and self-storage on 9.84+ acres of property located south of Immokalee Road, approximately 772 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida. [PL20230002458] (Companion item to 9A) (District 5)Ordinance 2024-15 Motion to approve with adjusted language to allow the conversion from Commercial to High density Residential by Commissioner McDaniel; Seconded by Commissioner Kowal – Adopted 5/0Ordinance 2024-15 Yes Yes Yes Yes Yes YesItem #9C - Recommendation to approve a rezoning Ordinance for Genesis CPUD to allow up to 65,000 square feet of gross floor area of commercial uses on 10.51± acres of property located in the northwest quadrant of the intersection of Pine Ridge Road and I-75, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. (PL20220004304) (District 2)Ordinance 2024-16 - Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall – Adopted 5/0Ordinance 2024-16 Yes Yes Yes Yes Yes YesItem #9D - Recommendation to adopt an ordinance amending ordinance No. 2002-63, which established the Conservation Collier Program. (All Districts)Ordinance 2024-17 – Motion to incorporate the language that amends Section 4, by Commissioner Saunders; Seconded by Commissioner McDaniel - Approved 5/0 - Motion to accept Section 6 as amended; by commissioner Hall; Seconded by Commissioner McDaniel – Approved 5/0 - Motion to approved Ordinance as amended by Commissioner McDaniel; Seconded by Commissioner Saunders – Adopted 5/0Ordinance 2024-17Item #11A - To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 - Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (District 3)Motion to approve by Commissioner LoCastro; Seconded by Commissioner Hall – Approved 4/1 (Commissioner Kowal Opposed)Yes Yes Yes Yes No YesVOTES
Item #11B - To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) (District 3) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Hall – Approved 4/1 (Commissioner Kowal Opposed)Yes Yes Yes Yes No YesItem #11C - Recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water-Sewer District, award Construction Invitation to Bid (“ITB”) No. 23-8141, “Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells” to Youngquist Brothers, LLC, in the amount of $29,389,000, and authorize the Chairman to sign the attached Agreement. (Project 70194) (Matt McLean, Director, PUD Engineering and Planning Division) (District 5)Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes Yes YesItem #11D - Recommendation to approve Change Order No. 15 in the amount of $4,820,600.00, under Agreement No. 18-7474 pertaining to the "Design-Build of Northeast Service Area Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines," with Mitchell & Stark Construction Co., Inc., add 550 days to the contract, waive liquidated damages of $1,790,000 and have the Chair sign the attached Change Order. (Project 70194) (Matt McLean, Director, PUD Engineering and Planning Division) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes Yes YesItem #11E - Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 “Tourism International Representation - UK and Ireland Market” with OMMAC Ltd., for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel’s Request) Recommendation to the Tourism Director to review this agreement;Motion to approve by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes YesIrem #11F - Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel’s Request)Recommendation to the Tourism Director to review this agreement;Motion to approve by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes YesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Recommendation to approve an Ordinance amending the Future Land Use Element of the Collier County Growth Management Plan to create the Home Depot-SE Naples Commercial Subdistrict to allow development of 140,000 square feet of gross floor area of commercial uses and home improvement store uses. The subject property is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 13.77± acres. [PL20220000946] (Companion item to 17B) (District 1)Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Ordinance 2024-07 Yes Yes Yes Yes Yes YesItem #17B - Recommendation to approve an Ordinance rezoning property to establish The Home Depot - SE Naples CPUD to allow development of 140,000 square feet of gross floor area of commercial/office uses and home improvement store uses; and to repeal an old provisional use Resolution and rezone Ordinance commitment related to an access road. The subject property is 13.77+ acres located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. [PL20220000543](Companion item to 17A) (District 1) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Ordinance 2024-08 Yes Yes Yes Yes Yes YesItem #17C - Recommendation to approve an Ordinance amending the Future Land Use Element of the Collier County Growth Management Plan to create the Boat House Commercial Subdistrict to allow a maximum of 32,500 square feet of gross floor area of Commercial Intermediate (C-3) or 20,000 square feet of gross floor area of Boat Sales and Boat and Engine Services and Repairs. The subject property, consisting of 3.5± acres is located south of Radio Road, north of Davis Boulevard and east of Radio Road in Section 3, Township 50 South, Range 26 East. [PL20230002069] (Companion item to 17D) (District 1) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Ordinance 2024-09 Yes Yes Yes Yes Yes YesVOTES
Item #17D - Recommendation to approve an Ordinance rezoning property from the Commercial Intermediate District (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for the project to be known as The Boat House CPUD to allow the development of up to 32,500 square feet of gross floor area of Commercial Intermediate (C-3) commercial uses or 20,000 square feet of gross floor area of boat sales and boat and engine services and repairs for the property located south of Radio Lane, north of Davis Boulevard and east of Radio Road in Section 3, Township 50 South, Range 26 East, Collier County, Florida; consisting of 3.5+/-acres. [PL20230002068] (Companion item to 17C) (District 1)Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Ordinance 2024-10 Yes Yes Yes Yes Yes YesItem #17E - Recommendation to adopt an Ordinance amending the Collier County Land Development Code to clarify the regulations pertaining to mobile homes 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. (Companion item to 17F) (All Districts) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Ordinance 2024-11 Yes Yes Yes Yes Yes YesItem #17F - Recommendation to approve an Ordinance amending the Collier County Code of Laws and Ordinances to update temporary emergency housing and floodplain development regulations. (Companion item to 17E) (All Districts) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Ordinance 2024-12 Yes Yes Yes Yes Yes YesItem #17G - Recommendation to adopt an Ordinance amending Ordinance No. 2019-14, which established the Currents Community Development District, in order to contract the external boundaries of the District resulting in a net contraction of 5.12± acres from 516.25± acres to 511.152± acres. (District 1) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Ordinance 2024-13 Yes Yes Yes Yes Yes YesItem #17H - Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY23-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts)Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted w/changes 5/0Resolution 2024-47 Yes Yes Yes Yes Yes Yes