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BCC Minutes 05/04/1994 S (LDC Amendments) Naples, Florida, May 4, 1994 LET ZT 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 specie! 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, wlth the following members present: CHAIRMAN: VICE-CHAIRMAN: Timothy J. Constantine Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Sue Barbtrettt, Deputy Clerk; Nell Dorrill, County Manager; Ken Cuyler, County Attorney; Marjorie Student, Assistant County Attorney; Ken Pineau, Emergency Management Director; Dick Clark, Acting Community Development Services Administrator; Wayne Arnold, Acting Site Plan Review Director; and Bob Mulhere, Acting Current Planning Manager. Page i May 4, 1994 P~TZTION LDC-94-1, CO~4UNITY DEVELOPMENT SZRVZCES DIVISION REQUESTING AN ORDINANCE AMENDZNG ORDINANCE 91-102, THE COLLIER COUNTY LAND D~ELOPMENT CODZ - CONTINUED TO 5/18/94 Legal notice having been published in the Naples Daily News on April 26, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Bob Mulhere, Acting Current Planning Manager, remarked that he developed the amendment to the Chokoloskee Island Subdivision which offers the same exemption to rural subdivisions, but tailored specifi- c&lly to Chokoloakee Island. Mr. Mulhere stated that the amendment has been reviewed by the County Attorney's office. He said that the exemption addresses all concerns and protects the County. Commissioner Volpe referred to Section 3.2.4.12.2. He asked how this would become a matter of public record? County Attorney Cuyler replied that the Issue will be addressed at the second public hearing. Wayne Arnold, Acting Site Development Review Director, referred to Page 8, and stated that this is the first modification to a zoning district to make provisions for reptile breeding. He explained that what is proposed is to put In wholesale reptile breeding for non- venomous reptiles as a permanent use In th~ Agricultural District sub- Ject to two specific requirements: the parcel must be twice as large as the normal conforming lot and that any structure used In conjunc- tion with reptile breeding will be 100 feet from any property line. Mr. Arnold stated that wholesale breeding for venomous reptiles is a conditional use in the Agricultural District. Commissioner Volpe stated that the definition of "reptile" should be included In this section. Commissioner Saunders remarked that If the term is not defined, the general definition will be accepted. Commissioner Constantine stated that the consensus of the Board Is that the definition of "reptile" is unnecessary. Page 2 May 4, 1994 Hr. Arnold stated that the next section to be discussed is the mod~fic&tton for hurricane shelters as submitted by Ken Pineau, Emergency Management D~rector. Mr. Pineau stated that when this was developed in 1988, sheltering was provided for categories 1, 2, and 3. He said that s~nce that time the ~aJorit¥ of new developments are in those areas. He said that although the developers have built shelters to house the residents in an emergency, their vehicles would be lost. He stated that rather than having them build shelters on-site, he would like to have some cost methodology where they could provide mitigation to enhance existing shelters. Mr. Pineau stated that the cost of mitigation would be between 8600.00 and 8800.00. In response to Commissioner Volpe, Mr. Pineau explained that this amendment is for mobile home parks only. Mr. Arnold explained that the next amendment is the result of direction from the Board to review regulations for accessory amusement areas in fast food restaurants. Mr. Arnold said that the amendment states that a play area that is used as an accessory to a restaurant must have minimal standards in addition to zoning and building regulations. Commissioner Saunders remarked that a ten foot fence seems to be excessive. In response to Commissioner Constantine, Mr. Arnold replied that the current height of fences at the local McDonald's vary between 8 feet and 10 feet. Mr. Arnold stated that Staff can look at this ~tem again. It was the consensus of the Board to red flag this item and discuss it at the next meeting. Mr. Arnold announced that the next item deals with the issue of home/ess ~helters as conditional uses in the Commercial Zoning Dtstr~cts, C! through C4, and as permitted uses in Commissioner Saunders asked ~f the Board would consider that the Page 3 Nay 4, 1994 uses be considered In the Industrial District? Coulsstoner Constantine stated that he Is under the Impression that they are permitted in the Industrial District. He said If that is not presently the case It should be. Co~u~tsstoner Volpe stated that putting a shelter In an industrial park as a permitted principal use is not a good Idea. Coatsstoner Norris agreed that permitting a shelter in an Industrial area as a conditional use Is appropriate. He stated that C5 should be Included. Nr. Arnold stated that C5 is a permitted use subject to certain conditions. Commissioner Saunders stated that St. Matthews House may move from the Olades Boulevard location. He said that he would not like to see the a~endments prevent the facility from movtng to a more acceptable location. In response to Coutsstoner Norris, Commissioner Volpe stated that he Is supportive of a conditional use in C$. Coutssloner Saunders suggested that it be permitted as a con- ditional use in any district, without any additional criteria. In response to Commissioner Matthews' remark, Coeuatsstoner Norris stated that the Board is not trying to accommodate St. Natthews House but trying to protect the property rights of the citizens. He said that the Board will approve a reasonable request by St. Natthews House. Com~issloner Constantine announced that the consensus ts a con- ditional use with no additional criteria. In response to Commissioner Volpe, Nr. Arnold stated that the definition of homeless shelter is provided on Page 71 in the executive s~ry. He said that he will provide a modification to the defini- tion at the next public hearing. In anm~er to Commissioner Volpe, Mr. Arnold replied that Code requires on site supervision but does not stipulate what hours are required for supervision. Page 4 May 4, 1994 Comu~lssloner Volpe suggested that 24 hour on-site supervision should be required. Co~s~tssloner Constantine agreed. In response to Commissioner Volpe, Hr. Arnold stated that the definition of soup kitchen had been introduced in December. He read the definition. Mr. Arnold stated that a stand alone soup kitchen is permissible. Cosu~tsstoner Norris suggested that a soup kitchen should be required to be in conjunction with another facility. Co~u~lssloner Saunders stated that he could not support the suggestion because a great number of soup kitchens are not residential facilities. It was the consensus that the conditional use will provide the Board with a safeguard to regulate stand alone soup kitchens. Commissioner Norris asked if the amendment to parking requirements for athletic fields will have any affect ~n existing facilities? Hr. Arnold said that he did not believe so. He stated that in the event that a facility should wish to expand, additional parking will be required. In response to Commissioner Constantine, Hr. Arnold replied that although there are no overwhelming parking problems, no parking stan- dards exist. Commissioner Volpe agreed that the amendment will provide admi- nistrative discretion. In response to Coulsstoner Volpe, County Attorney Cuyler stated that It is not necessary to specify whether or not the parking requirements are retroactive. Mr. Arnold explained that the proposal to delete landscape bond requirements is proposed by Staff because of the burden placed on Staff. He stated that because the Code Compliance Department visits a site at the one year Interval they could cite violations. In response to Commissioner Matthews, Mr. Arnold replied that the esti~ated savings would be at least $12,000.00. Page 5 May 4, 1994 Acttng Cosuauntty Development Services Administrator Dick Clark remarked that the savings could be put to better use. He stated that the amendment also reduces repetitive regulation. It was the consensus of the Board to accept the amendment. Mr. Arnold stated that the amendment for permitting accent lighting will adequately address the issues raised in the community. Mike Davis, General Manager of Signcraft, stated that a committee had been formed to address the regulations regarding accent lighting. He said that this amendment is a product of the committee. Mr. Arnold stated that the amendment regarding fences provides administrative discretion to determine when property owners may install fences with presenting the finished side to The adjoining property. Mr. Arnold announced that the next amendment addresses live-in domestic quarters. He said that adding the definition of domestic quarters is something the building industry desires. Mr. Clark announced that there have been situations in the past where duplexes have been constructed on small lots and caused many neighborhood problems. He explained that in order to correct the problem a stipulation was added that required that a structure be 2,500 square feet or more before a second kitchen could be added. Commissioner Volpe etated that there are flaws in Section 2.6.14.1. Mr. Clark remarked that the domestic quarters of a single family house still have to be within the confines of the house. It was the consensus of the Board that the provision for live-in domestic quarters is an enforcement issue and should be deleted. Mr. Arnold stated that the revision in the language regarding pro- cess and submittal requirements for temporary construction permits is a result in conflicting language regarding whether a site development or conceptual plan had to be submitted. He said that it is now con- sistently stated throughout the entire section. In response to Commissioner Volpe, Mr. Arnold confirmed that this is a clarification issue Initiated by Staff. 07 Page 6 May 4, 1994 Mr. Arnold stated that the next amendment deals with the tlon of the restriction on the number of kitchens within a dwelling unit. He stated that he is not sure if the amendment ts prudent due to m number of compliance Issues In the past. In response to Conunlsstoner Volpe, Mr. Arnold explained that this proposes to allow two kitchens within a dwelling unit. Commissioner Matthews etated that she would like to see a proposal that says that the second kitchen would be lees than a primary kitchen. Oommiesloner Constantine stated that he would like to see the amendment remain as it presently It was the consensus of the Board to leave the amendment as Mr. Arnold stated that a provision In Section Three would exempt Mlccoaukee Indians from the requirement to obtain vegetation remove! permits, but not for commercial activities. Commissioner Saunders pointed out that the purpose of harvesting palm fronds and cypress trees is for the building of chtckee huts which is a commercial Mr. Clark explained that the intent of the language is to prohibit cutting timber. Commiestoner Saunders suggested that the language be clarified. It was the consensus of the Board to have the language clarified. Mr. Arnold stated that the next section deals with the language contained in the new Adequate Public Facilities Ordinance which has been amended. Mr. Arnold stated that Page 69, deals with the definition of accent lighting which was submitted by the committee that was repre- sented by Mr. Davis. In response to Commissioner Yelps, Mr. Clark explained that the definition of a Florida Indian is necessary to prevent othera from hatveering the vegetation. Commissioner Saunders suggested that rather than defining Florida Indian, Section 3.9.3.! be revised to read "Provide for the Mtccosukee Page ? May 4, 1994 Tribe of Indians or the Seminole Tribe of Indians of Florida to cut cypress trees." It was the consensus of the Board to revise Section 3.9.3.1. Mr. Arnold explained that Page ?2, is a scrivener's error to add language that had previously been Included with the exception of Page ?3, Paragraph 2. Mr. Arnold announced that the last Item adds the Restricted Parking Overlay designation on the Marco Island Zoning Atlas Maps. He sa~d that the designat~on had been adopted by the Board in Z976. He sa~d that the designation should have been placed on all zoning maps for Marco Island. He stated that the intent of the amendment will place the desl~nat~on on the zoning maps. Commissioner Constantine announced that the second Public Hearing wall be held on May 18, 1994. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - T~me: 6:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL __ ATTZST: D~IGHT E. BROCK, CLERK minutes g~proved by the Board on as p~sented ~ or as corrected 09 Page 8