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BCC Minutes 06/29/1993 S (LDC Amendments and Clam Pass Park Concessions) Naples, Florida, June 29, 1993 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(e) of such special districts as have been created according to /aw and having conducted business herein, met on this date at §:05 P.M. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saundere VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettye J. Matthews ALSO PRESENT: Ellis Hoffman, Deputy Clerk; William Hargett, AsSistant County Manager; Ken Cuyler, County Attorney; Martha Howell and David Wetgel, Assistant County Attorneys; Frank Brutt, Community Development Services Admtntetrator~ Bill Lorenz, Environmental Services Admtnietrator~ Ken Baginekt, Current Planning Manager; David Pettrow, Long Range Planning Dtrector~ Barbara Cacchione, Long Range Planner; Fran Stallings, Natural Resources Director~ Steve Brtnkman, Parks and Recreation Director~ and Kimberly Polen, Project Plan Review. Page I June 29, 1993 Tape Item~Cl CONTINUATION OF DISCUSSION FROM THE REGULAR MEETING OF JUNE 29, 1993 RE AGREEMENT WITH THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC. (AUO) FOR CONCESSION SERVICES AT CLAM PASS Coutsstoner Saunders announced that before conducting the public hearing on the Amendments to the Land Development Code, the issue of the Clam Pass Concession which was continued from the Regular Meeting earlier this date, will be heard. Attorney Joseph McMackin remarked that the question arose earlier at the Regular Meeting as to whether the AUO could extend the agreement with the County until a formal vote is taken. Mr. McMackin recalled that the premium paid to the County will be 10% and the term of the agreement will be for one year with a one year option to renew on a 150 day notice. Mr. McMacktn advised that Mr. Kiem has arranged a telephonic board meeting for June 30, 1993, at 7:00 P.M. He questioned whether the agreement could be extended in the event the board votes against the new agreement, the County would have sufficient time to make other arrangements. Commissioner Saunders stated that the extension of the agreement would be with the concession fee at 10~ as opposed to 18~. Mr. McMacktn revealed that the agreement could be extended for up to seven days subject to the terms as cited by Commissioner Saunders. Mr. Peter Kiem related that he spoke with five of the seven board members and four of the five members agree to extend the current agreement for a period not to exceed one week. He reported that a telephone conference call is scheduled for June 30, 1993, at which time a vote will be taken on the Agreement, as approved by the Board of County Commissioners at the Regular Meeting earlier today. Commissioner Saunders explained that the County Commission will be taking its summer recess until July 20, 1993, and questioned whether Mr. Ktem's group would be willing to consider extending the agreement Page 2 June 29, 1993 until after the Board reconvenes. Mr. Kiem replied that he will raise this for discussion during the conference call tomorrow evening. County Attorney Cuy]er advised the Commission to make a motion, extending the current agreement for seven days. C~issioner Volpe moved, seconded by Commissioner Constantine and carried nnani~ouely, to approve the extension of the Clam Pass Park Concession A~reement for seven days with the sams terms and conditions other than the premium paid to the County will be 10% of the ~rose ravenna; ~nd in the event the new m~reement ts re~ected, the County Attorne~ is authorized to execute mn additional extension for two to 3 week~, providing the AUO agrees to that under the same terms and con- ditton~. C~testoner Constantine ~oved, seconded by Commissioner Volpe and carried unani~ou~ly, that in the event of a total decline from the AU0, that staff be directed to continue to operate the facility as beet it cma, and to its current level until July 21, 1993. (2e0) 0RDINANCl 93-37, ~$ TO THE COLLIER COUNTY LAND DEVELOPMENT CODE - ADOPTED WITH CHANGES Legal notice having been published in the Naples Daily News on June 23, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Saunders announced that this is the second public hearing with regard to considering amendments to the Land Development Code (LDC). He indicated that the Board has heard the issues, and noted that he does not believe staff needs to go through each change. Natural Resources Director Stallings explained that staff has a suggested solution to the problems associated with mangrove trimming. He suggested that the state regulations be adopted, since they go the proper distance for protecting mangroves. He noted that the require- ments of the Comp Plan will be met by not having an unacceptable lose of mangrove habitat if a number of the exemptions in the state plan Page 3 June 29, 1993 are deleted. Dr. Stallings reported that the exemptions relating to private dock facilities would be removed, and exemptions relating to certain public works projects would be removed. Dr. Stallings advised that staff is recommending that the exemp- tion with regard to the installation of overhead transmission lines remain. He indicated that staff also recommends that the exemption relating to the installation of aids to navigation remain. Dr. Stallings stated that staff recommends removing the exemption relating to the installation of moorings, pilings, dock and associated docking facilities. County Attorney Cuyler advised that in order to adopt the state regulations which would be very cumbersome, the Board would need to review a 40 - 50 page document. He indicated that direction should be given to proceed through the next cycle, but in the meantime, maintain status quo which would mean anyone desiring to engage in this acti- vity would need to be permitted by the state. Commissioner Saunders remarked that the state standard ts 2:1. He noted that he does not want to go through the entire list of additions and deletions at this time if a public hearing will be conducted in October with regard to a new ordinance. County Attorney Cuyler stated that the Board would be adopting modifications to the state standards on a local basis during the next round of events. In answer to Commissioner Volpe, Assistant County Attorney Howell stated that the Comp Plan requires that there be no net loss of mangroves and if some of the exemptions were left as they are, they would cause a net loss of mangroves. Assistant County Attorney Howell advised that staff Intends to withdraw the side sheets pertaining to vegetation removal, as reflected in Section 3.9.5, beginning on Page 6S of the agenda packet. Co~sieeloner Constantine moved, seconded by Co~atselonsr Volpe and cmrri~ unanimously, to leave things as they are, thereby having the Page 4 June 29, '1993 state ~tandarda apply through the stats regulatory agencies and not through Collier County. Ms. Howell explained that durtng the next amendment cycle, the Board will be presented with the state rules, however, the language will be modified in the LDC to provide for local enforcement power. Mr. Dudley Goodlette, representing the Economic Development Council, spoke with regard to th~s item. Co---iesioner Matthews moved, seconded by Commissioner Norris and carried unanimously, that s~aff be directed to evaluate ~he exemptions in the sta~e pl~ ~d provide reco~endations to ~he ~ard wi~h regard ~o thole ~ions tha~ should ~ eliminated in order ~o comply wi~h Assistant County Attorney Howell called attention to ~he las~ side sheet, Page 69 of the packet, relating to the Planning Commission, which was previously discussed. She noted that the lan~age has been changed, as directed by the Board. Ms. Howell pointed out that Page 60 of the packet, Section 3.12.7.1, contains bold face lan~age, as d~rected by the Board. Ms. Howell stated that Page 55 of the packet contains bold face lan~age as per the Board's dlrectlon. ~e c~~l of the ~ard was ~o approve ~he ch~ges A discussion ensued w~h regard to C~]zen Pet/tJon S~de Sheet, Page 14 of the packet, Item ~8. Community Development Services Administrator Brutt advised that staff has no obJec~ion to the lan~age as contained there~n. Commissioner Constantine stated ~f there ~s a l~mited amount of tndustrlal land banked for the urban area, it should be defined prior to expanding the uses. He remarked that the "b~g picture" should be looked at. Mr. Richard Henderlong reported that the Land Use Study d~d daf- ferent~ate between the coastal portions of Collier County versus the I~okalee area in order to identify the amount of surplus An both Page 5 June 29, 1993 categories. Commissioner Matthews cited that Collier County does not have heavy industry. She explained that Collier County does have light, clean industry which needs support services around them, i.e. banks. Mr. Henderlong advised that the study that was presented on March 23, 1993, shows Table 1 - Developed and Zoned Industrial Acreage, and identifies the Immokalee area versus the coastal area versus county- wide. He reported that the total acres developed in Immokalee is 418 and undeveloped 1,132 acres; urban area for the five planning areas, 851 improved acres and 1,249 acres unimproved. He noted there is more undeveloped in the coastal area than in the Immokalee area. Commissioner Norris stated that he does not oppose to the language on Page 14, Item #8, regarding Depository and Non-Depository Institutions. Commissioner Constantine advised that he does not concur with the language. Commissioner Volpe announced that he is supportive of the amend- ment, and noted that he does not believe the inclusion of this use and what has been identified as a compatible use will use up and make industrial land unavailable to the type of industry desired in industrial parks. Commissioner Matthews stated that she has no problem with the language, however, a study should be undertaken very quickly in order to do long-range planning. Commissioner Saunders remarked that he has no problem with the additional language. Mr. Henderlong called attention to Page 35, with regard to Coastal Zone Management and the bottom of Page 47 which states: "For proposed ]and development projects within the coastal zone all required landscaping shall be one hundred percent (100%) native southern Florfdian species." He remarked that he understood that this language would apply only to the coastal barrier islands and suggested that the language read "...within the coastal barrier island areas..." Page 6 June 29, 1993 Dr. Stallings concurred with Mr, Henderlong's comment that this should apply only to the coastal barrier island areas. There were no other speakers. Co~iseloner Saundere announced that the public hearing is closed. Co~teetoner Matthews moved, seconded by Coasteetoner Volpe and carried 4/1 (Co.missioner Constantine opposed), to adopt the Land Development Code Amendments with changes as discussed and aa modified by the Side 8heete dated June 29, 1993, thereby adopting Ordinance 9S-37 as entered into Ordinance Book No. 61. There being no further buslness for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:00 P.M. DWIGHT .E'. BROCK, ~RK (, :.,~se mlnute~-~pp~ed by the Board on as':pi~a~atedl~" or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~RER~~S, CHAiRMAN 08' Page 7