BCC Minutes 11/03/1993 S (Adequate Public Facilities Ordinance) Naples, Florida, November 3, 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(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 5:05 P,M. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
· following members present:
CHAIR/4AN: Burr L. Saundere
VICE-CHAIRNAN: Timothy J. Constantine
John C. Norris
Michael ~. Volpe
Betrye J. Matthews
ALSO PRESENT: Sue Barbiretti, Recording Secretary; Nell Dorrill,
'County Manager~ Ken Cuyler, County Attorney; Mariefie Student,
Assistant County Attorney; George Archibald, Transportation Services
AdminAmtrator~ Frank Brutt, Community Development Services
Administrator; Tom Olliff, Public Services Administrator; Stan
Litsinger, Growth Management Section Chief; ;elf Perry, Chief
Transportation Planner; and DAane Holling, Planner.
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~i] ,~, November 3, 1993
~'~'~:j':!= "'~:'t;!l~--~il COLLZ13t COlmTr ADZQ~ATZ PUBX, ZC IACZLZTZZS
::"'-'...~eL,~II~dlIII~I~itlRZ:DXIG ~ TEl IIZlzZlsL OF OII:DI'MAICZ IIO, 90-24 - ADOPTID
Legal notice having been published In the Naples Dally News on
October 28, 1993, as evidenced by Affidavit of Publication filed with
· .the Clerk, public hearing was opened.
,..., Stan Litsinger, Growth Nanagement Section Chief, announced that
!L..,.this,ds the second Public Hearing to consider the adoption of an ordi-
nance to be known as the Collier County Adequate Public Facilities
- Ordinance.
N=. Litsinger noted that at the first Public Hearing the Board of
County Cosuateeloners gave staff direction on changes to the proposed
ordinance. He reported that since then the Collier County Planning
!.Contaslon (CCPC) held a public hearing on the ordinance and made
recommendations relative to the Board's adoption.
Hr.. Litsinger referred to the presentation draft and reviewed the
recommended changes of the Board of County Commissioners and the
Collier County Planning Commission.
,,..~ .FLr., Litsinger cited page 8, Level of Service (LOS) Standards for
end Federal Roads, and pointed out that the Road LOS standards
.... .-.have:been corrected. He added that the current Florida Department of
:,:.:-Transportation standards are reflected.
Referring to page 15, Mr. Litsinger noted that at the first
hearing a question was raised on changing Areas of SIgnificant
Influence (ASI), in section 7.4.2., noting staff proposes boundary
maps based on the criteria indicated in each type of facility, and the
Board would then either accept or reject the boundary maps.
In response to Commissioner Volpe, Mr. Perry, Chief Transportation
Planner, replied that there is an Interlocal Agreement with Lee County
~; on concurrenc~ that sets Into motion steps to identify problems and
~-'~i. solutions.
.N~.. Perry Indicated that it is necessary to present the boundary
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November 3, 1993
~ maps at a regular Board meeting, indicating that the boundary line
established will dictate who gets notified.
Referring to page 20, section 8.3.1, Mr. Litsinger stated that
,. this provision has generated concern. He confirmed that the language
providing for waivers and releases in lieu of certificates of adequate
public facilities at the final plat and final STP stage have been
:. stricken. He reported that the CCPC unantmouslW recommended that the
:: stricken language be restored which provides for waiver and release,
and upon further review, staff concurred.
In response to Commissioner Norris, Mr. Litsinger answered that if
the stricken language As not restored prior to a final plat approval
or final STP, applicants would have to receive a certificate of ads-
gusts public facilities and paw into escrow all the impact fee funds
'~ due upon the issuance of building permits.
It was the consensus of the Board to restore the language An sec-
:(. tion 8.3.1.1.
:C-
Mr. LAteAnger referred to page 23, section 8.3.4.5, noting that
the Board suggested notification by certified mall, because 2000 cer-
::" tArAcares are issued a Wear. He indicated that staff suggests that
· compromised language be proposed so that after 20 daws if anw cer-
~::'- tArAcares are not picked up, the applicant would be notified bw cer-
tified mail. He reported that the CCPC recommended that the time
periods in this section be doubled.
It was the consensus of the Board that the language in section
8.3.4.5 remain as is.
Commissioner Saunders closed the public hearing.
County Attornew CuWler requested the Board's authoritw for final
review. Be announced that there are documents with language that
refer to the ordinance that is being repealed, and requested direction
to assure that both An the repeal provision and in a separate provt-
iii~' .ion in this ordinance that language be added that all references to
the prior ordinance shall be deemed references to this ordinance for
purposes of waiver and release.
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November 3, 1993
Camsaissioner Volpe moved, seconded by Commissioner Norris to
approve the ordinance to be known as the Collier County adequate
Public Facilities Ordinance subject to staf~ review for tTpographtcal
errors, the inclusion of lxnguage suggested by Mr. Cutler, and the
inclusion of langusge restored in section 8o3.1.1. Upon call for the
question, the motion cerried unanimously, thereby adopting Ordinance
93-22, as entered into Ordinance Book
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 5:30 P.N.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
BURT L. SAUNDERS, CHAIRMAN
am
by the Board on
or as corrected /
.. 000,, t 05
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