BCC Minutes 09/02/1992 S Naples, Florida, September 2, 1992
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(s) of such spec~a! d~strtcts as
have been created accord/ng to law and hav/ng conducted bus/ness
here/n, met on th~a date at 5:05 P.M. in SPECIAL SESSION /n Building
"F" of the Government Complex, East Naples, Florida, w~th the
following members present:
CHAIRMAN:
VICE-CHAIRMAN:
(ABSENT)
Michael 3. Volpe
R/chard S. Shanahan
Burr L. Saunders
Max A. Hasse, Jr.
Patrtc/a A. Goodnight
ALSO PRESENT: Debby Farris, Deputy Clerk; Netl Dorrtll, County
Manager; Jennifer Edwards, Ass/stant to the County Manager; Ken
Cu¥ler, County Attorney; MarJorie Student, Assistant County Attorney;
Frank Brutt, Community Development Services Administrator; Ken
Bag/nskt, Plann/ng Serv/ces Manager; John MadaJewskt, Pro~ect Review
Services Manager; David Pettrow, Development Services Director; Dick
Clark, Code Enforcement Supervisor; Barbara Cacchtone, David Weeks and
Wayne Arnold, Planners; and Deputy Byron Toml/nson, Sheriff's Office.
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Xram d~3&
September 2, X992
Iq~CO~I~IrDATION TO APPROVE ~S TO TH~ COLLIER COUNTY LAND
D~V~LO~ CODE - SECOND PUBLIC HI~.~RING CONTINUED TO SEPTEMBER 16,
1992 AT 5:05 P.M.
Legal notice having been published in the Naples Daily News on
July 30, 1992, as evidenced by Aff~davit of Publication filed with the
Clerk, public hearing was opened.
Conisdioner Volpe announced that, as detailed on the agenda,
only Articles 1, 4, 5 and 6 will be discussed this evening.
Planning Services Manager BagJnskl explained the green side
sheets distributed at this time reflect the changes, deletions or
modifications discussed and subeecluentlY compiled as a result of the
last meeting and which are again presented for review tonight.
Referring to green side sheet 1-?, Sections 1.5.5 and 1.5.5.1,
Project Review Services Manager MadaJewskt summarized the proposed
changes without eliciting comment from the public.
Planning Services Manager Baglnski detailed the proposed changes
reflected on page 1-?, Section 1.5.6, without e//citing comment from
the public.
Project Review Services Manager MadaJewskt pointed out the pro-
posed changes reflected on page 1-7, Section 1.5.7, without eliciting
comment from the public.
Referring to page 1-8, Section 1.6.3.3, Planning Services Manager
Baglnsk! explained this Section ts a clarification to require the
County Attorney's Office to review any interpretation prior to Its
release.
County Attorney Cuyler remarked this Section may undergo
further modification but will be dt,cussed at a later hearing.
Planning Services Manager Bagtnskl verified that the proposed
changes to Sections reflected on pa~e 1-14 are Included to provide
further clarification as well as provide for procedures and time fra-
me8.
Attorney Anthony Ptres, Jr. interjected he has this date faxed to
Page 2
September 2, 1992
the County Attorney's Office a proposed version greatly expanding
beyond the language presented regarding the public notice to property
owners concerning vested rights determinations.
Attorney Pires suggested he could meet with the County Attorney's
Office and resolve his concerns in order that this item be presented
to the Board of County Commissioners at the next hearing, and County
Attorney Cuyler concurred.
Planning Services Manager Baginski detailed the proposed changes
reflected on green side sheet 1-15, Section 1.8.1.3; sheet 1-1§,
Section 1.8.2; 1-20, Section 1.9.1.1; 1-20, Section 1.9.3; 1-20,
Section 1.9.45 and 1-20, 21, Section 1.9.5, without eliciting comments
from the public.
Pro,eot Review Services Manager Mada~ewski summarized the pro-
posed changes reflected on side sheet 1-24. Section 1.10.3. without
additional input from the public.
Planning Services Manager Baginskt detailed the proposed changes
reflected on side sheet 1-37 withou~ eliciting comment from the
public.
Pro,eot Review Services Manage~ Mada~ewski explained the changes
reflected on side sheet 4-6 and confirmed that the Ordinance Number
will be filled in prior to the change becoming final.
Planning Services Manager Bag~nski disclosed the changes
reflected on side sheet 4-7, Educational Facilities System Impact Fee,
and s~de sheet 5-5, Section 5.2.8, without eliciting comment from the
public.
Pro,eot Review Services Manager Mada~ewski summarized the changes
reflected on side sheet 5-5, Section §.2.1~, without eliciting comment
from the public.
Planning Services Manager Baginsk~ described the changes
reflected on side sheet 5-6, Section 5.3.2, without comment from the
pub/kc.
Pro,eot Review Services Manager MadaJewskl summarized the changes
reflected on side sheet 5-6, Section 5.3.2.2, without eliciting com-
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September 2, 1992
ment from the public.
Planning Services Manager Bagtnskl revealed pages 6-13 through
6-15 basically represent housekeeping Items.
County Attorney Cuyler interjected the Code Enforcement Board is
not an Ordinance that has to be within the Land Development Code and,
therefore, It will be repealed from the Land Development Code but
adopted simultaneously at the time of Its repeal.
Pro~ect Review Services Manager MadaJewskt explained the same is
true for the changes reflected on pages 5-16 through 5-21.
Planning Services Manager Bagin~kt pointed out the changes
reflected on side sheet 6-1, Section 6.1.1.
County Manager Dorrtll announced there are persons registered to
speak to the issue of Article 6, and the following persons spoke to
the issue of proposed changes as reflected on side sheet 6-20, Family
Care Facility:
Delores H. Faust Ranktn Susan Martinaen
Following brief discussion, disclosure that Ms. Rankin's attorney
is not present at this time, and explanation by Assistant County
Attorney Student that the proposed changes were brought about due to
the Fair Housing Act and the definition of a disabled person, County
Attorney Cuyler suggested that Assistant County Attorney Student pre-
pare a memo to the Board of County Commissioners addressing this
matter and copy same to Ms. Rankin'e attorney.
Narttn Ptnc~mey spoke to the Issue of changes proposed and
reflected on side sheet 6-62.
Planning Services Manager Bagtnski proceeded to explain the rele-
vant changes and reasons therefor, assisted by both Project Review
Services Manager MadaJewskt and Code Enforcement Supervisor Clark.
Following brief discussion, Commissioner Volpe suggested that
staff assess Mr. Ptnckney's concerns prior to the next meeting.
Dwight Nadeau distributed a white side sheet identified as page
6-45, Recreational Vehicles/Equipment, proposed as an addition to the
Land Development Code (LDC).
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September 2, 1992
Project Review Services Manager MadaJewsk! explained the
remainder of the green side sheets are merely "clean-up" Items.
Co~/seloner Shanah~n ~oved, eecondedb~ Coniee~oner Hasee and
c~rr~ed 4/0 (Co~ise~oner Goodnlght not present), to continue the
~cr~dpubl~¢ he.ring on the A~end~ente to the Un,fled L~nd
Dev~l~t Code to September 16, 1992 at 5:05 P.M.
There being no further business for the Good of the County, the
seetfng was adjourned by Order of the Chair - Time: 6:05 P.M.
! BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
..-.' OFFICIO GOVERNING BOARD{S) OF
~, SPECIAL DISTRICTS UNDER ITS
CONTROL
· CHAIRMAN
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