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BCC Minutes 01/29/1991 S Naples, Florida, January 29, 199! 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 6:50 P.M. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Patricia Anne Goodnight Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: Wanda Arrighi, Deputy Clerk; Neil Dotrill, County Manager; Ken Cuyler, County Attorney; Dennis Cron~n, Assistant County Attorney; Robert Demarest, Library Director; Ken Baginski, Planning Services Manager; Ray Bellows, Eric Young, and Bill Hoover, Planners; and Deputy Gary Young, Sher~ff's Office. 0].' Page 1 January 29, 1991 Ztem#3& ORDINANCE 91-11, AMENDING THE LIBRARY SYSTEM IMPACT FEE ORDINANCE NO. 88-9? - ADOPTED AS AMENDED~ WITH EFFECTIVE DATE APRIL 1, 1991 Legal notice having been published in the Naples Dally News on January 9, and 23, 1991, as evidenced by Affidavits of Publication flied with the Clerk, public hearing was opened to consider an ordi- nance amending the Library System Impact Fee Ordinance. Assistant County Attorney Cronin stated that this is the second public hearing on this item. He commented that there are four pro- posed changes to the Library System Impact Fee Ordinance. He advised that the first change Incorporates the 1990 Update that was completed in October 1990; the second change raises the impact fee rate per unit to $180.52; the third change is regarding the use of moneys section of the ordinance which deletes the provision for land acquisition and adds a provision for use of money for parktng facilities at libraries; and the fourth change is the deletion of the credit for the donation of land for library facilities. Commissioner Goodnight noted that a question has been raised by the Clerk regarding the increased fees not covering calls incurred by staff for changing forms and contracts, resulting in thfs not being cost effective. Library Director Demarest explained that the increased costs associated with the construction of library facilities have been offset by not Including land acquisition costs, but it has been suggested that the implementation of the changes be postponed until the Parks and Recreation Department's Impact Fees are changed, thus allowing forms needing change to be handled only once and elimi- nating the Clerkts objection. In response to Commissioner Volpe, Mr. Cronin informed that the Parks and Recreation Department's Impact Fee Ordinance should be before the Board for approval in approximately six weeks. Mr. Cronin informed in answer to Commissioner Shanahah that the increase of $1.82 is the maximum amount that can be Justified under the law. 03 ~ Page 2 January 29, ~991 Commissioner Volpe ~ovsd, seconded by Co~missioner Shanaban and carriedunani~ously, that the ~bllc hearing be closed. C~L~oner Hasse ~oved, seconded by Co~Lss~oner S~ders and c~ried ~L~81y, that the Ordin~ce as n~bered ~d tit~ed below ~ ~ted, ~bJect to it being tr~s~itted with the Parks ~d Re~eati~ X~act Fee Ordi~ce at a future date, ~d entered into Ord~ ~k No. 42: O~IN~CE 91-1~ AN ORDINANCE ~END[NG COLLIER COUNTY ORDINANCE NO. 88-97, RELATING TO THE COLLIER COUN~ LIBRARY SYSTEM I~PACT FEE ORDINANCE; PROVIDING FOR ~ODIFICATIONS AND UPDATING OF THE STUDY ENTITLED "LIBRARY IMPACT FEES FOR COLLIER COUNTY, FLORIDA"; PROVIDING A REVISION TO THE I~POSITION OF LIBRARY SYSTEM I~PACT FEES BY INCREASING THE LIBRARY SYSTEM IMPACT FEE PER DWELLING UNIT; PROVIDING FOR A~END~ENT TO THE DEVELOPER CONTRIBUTION CREDITS BY DELETING CREDIT FOR THE DONATION OF LAND; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Later in the meeting County Attorney Cuyler requested that the public hearing on this item be reopened. Cmisstoner Sanders m~ed, seconded by Co~issioner Sh~ ~d c~ri~ ~im~ly, that the ~bltc hearing regarding the Ordtn~ce ~tng the Libra~ System Xmpact Fee Ordin~ce be reopened. County Attorney Cuyler explained that a date certain for the effective date needs to be set for the subject ordinance because when ~ ordin~ce is adopted it must be forwarded to the State within ten days. He suggested April 1, 1991 as the effective date. C~ieeioner Sanders ~ved, seconded by Co~issioner Sh~ c~ri~ ~i~o~ly, that the public hearing be closed. C~aloner Sanders moved, seconded by Co~issioner Sh~ ~d c~ri~ ~im~sly, to ~end his earlier motion deleting the for ~ittal with The Parks ~d Recreation Impact Fee Ordin~ce, ~d pr~idAng the date of April 1, 1991 as ~ effective ~te for the Ord~ce ~ding the LAbr~ System Impact Fee Ordin~ce. ~0~S~ STO~A~R ~TI~ O~IH~OK - O0~I~K~ TO ~0H ~9~ County Manager Dorrill commented that as a result of the last public hearing, he wanted to provide the Board with an example of how m ol Page 3 January 29, 199! the potential tax bill may appear with the added charge, have the Board receive the first quarter analysis of revenues, and possibly address the Fiscal Year 1991-1992 budget policy before hearing this Item a second time; and, therefore, requested that this Item be con- tinued until March 19, 1991 which will allow time for the provisions to be made. Commissioner Shanahan pointed out that the Stormwater Utility Ordinance is greatly needed in Collier County and wants the public to know that the Board is supportive of this ordinance. Co~missioner Shanahan moved, seconded by Commissioner Hasee and carriedunani~ously, that the proposed Stormwater Utility Ordinance be =untlnned until March 19, 1991. ' Ita~SB ORDINANC~ 91-12, RE PETITION NO. Z0-90-20, AN ORDINANCE AMENDING THE COMPI~EHEN~IVK ZONINO REGULATIONS, BY ADDING SECTION 8.12.B.3)(A), "THE IMMOEALEE CENTRAL BUSINESS DISTRICT: STANDARDS FOR REQUIRED PARKING WITHIN DISTRICT BOUNDARIES" - ADOPTED Legal notice having been published in the Naples Dally News on January 23, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-90-20, filed by Community Development Services Division, repre- senting the Board of County Commissioners, requesting an ordinance amending Ordinance No. 82-2, the Comprehensive Zoning Ordinance for Collier Gounty, to create the Immokalee Central Business District, by adding Section 8.23A, "The Immokalee Central Business District: Standards for Required Parking with District Boundaries", and by establishing the limits of the Central Business District through the adoption of the zoning map which designates the boundaries. Planner Young noted that this is the second hearing regarding Petition Z0-90-20 which is proposed to create a Central Business District for the Immokalee area located west of the intersection of First Street and Main Street. He explained that the parking problems in this area resulted from old types of construction which was lot line to lot line construction, and parking at the time of construction 05 Page 4 January 29, 1991 was available on the street in front of the buildings; however, with the widening of the roads, this parking has been eliminated. He pointed out that current parking requirements are presenting a serious obstacle to the redevelopment of downtown Immokalee. He explained that the proposed Immokalee Central Business District would alleviate this parking problem and is permitted under the parking section of the Zoning Ordinance. He noted that this ordinance provides for two types of parking zones, a primary and secondary zone. He advised that the primary zone will be the section with the most exemptions available, a secondary zone will require more parking but will have some exemp- tions. In response to Gommisstoner Hasse, Mr. Young stated that the pro- posed ordinance does not indicate that the County will provide munici- pal parking, and added that any parking requirements wall have to be met by the applicant. He clarified that this ordinance only provides for a reduced amount of required parking for the area stated. In agreement with Commissioner Shanahan, Mr. Young pointed out that the subject area is a pedestrian district and requires less parking. Mr. Young answered Commissioner Volpe's concern regardinG moni- toring the situation by noting that this will be addressed through the Immokalee Future Land Use Element which specifically states that a parking study will be made in 1993. Fred Thomas, resident of Immokalee, confirmed that the area indi- cated is a pedestrian district, and requested that the Board of County Gommissioners adopt the subject ordinance. C~ssioner Shanahah moved, seconded b~ Commissioner Hasse and carrted un~ntmonsly, that the public hearing be closed. C~tea~oner Shanahan moved, seconded by Comm~ssioner Saunders and carr~ednnantmously, that the Ordinance as numbered and titled below be ~opted and entered Into Ordinance Book No. 42: ORDINANCE 91-12 AN ORDINANCE AMENDING ORDINANGE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 8.23 A. "THE IMMOKALEE CENTRAL BUSINESS I OOOPAG£ 06 Page 5 January 29, 199! DISTRICT: STANDARDS FOR REQUIRED PARKING WITHIN DISTRICT BOUNDARIES"; AND BY ESTABLISHING THE LIMITS OF THE CENTRAL BUSINESS DISTRICT THROUGH THE ADOPTION OF THE ZONING MAP WHICH DESIGNATES THE BOUNDARIES, BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. It~ ~0 ORDINANCE 91-13, RE PETITION Z0-89-4, ROBERT L. DUANE OF HOLE, MONTES AND ASSOCIATES, INC., REQUESTING AN AMENDMENT TO ORDINANCE 82-2, THE COMPI~R1W~NSIVE ZONING REGULATIONS BY AMENDING SUBSECTION 7.23 AND 7.24 REGARDING HOTELS, MOTELS, AND TIME SHARE FACILITIES AS A PERMITTED USE WITHIN ACTIVITY CENTERS AND AS A PROVISIONAL USE OUTSIDE ACTIVITY CENTERS - ADOPTED AS AMENDED Legal notice having been published in the Naples Daily News on January 9, and 23, 1991, as evidenced by Affidavits of Publication filed with the'Clerk, public hearing was opened to consider Petition ZO-89-4, filed by Robert Duane of Hole, Montes and Associates, Inc., requesting an amendment to Ordinance No. 82-2, the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, by amending Subsection 7.23, C-4 Commercial General District, Paragraph b.1)(h}, Permitted Principal Uses and Structures, to add hotels, motels and time share facilities when located within an Activity Center; by amending Paragraph 7.13b.3), Permitted Provisional Uses and Structures, to require Provisional Use approval for hotels and motels and time share facilities when located outside an Activity Center; by amending Paragraph ?.12c.6, Maximum Density, to limit the maximum den- stty of hotels, motels and time share facilities to 16 units per acre when located outside an Activity Center and to provide for a maximum density for hotels, motels and time share facilities of 26 units per acre when located within an Activity Center; by amending Subsection 7.24, C-§ Commercial Industrial District, Paragraph b.1)(h), Permitted Principal Uses and Structures, to add hotels, motels and time share facilities when located within an Activity Center; by amending Paragraph ?.24b.3}, Permitted Provisional Uses and Structures, to require Provisional Use approval for hotels, motels and time share facilities when located outside an Activity Center; by amending Paragraph 7.24c7), Maximum Density, to limit the maximum density of hotels, motels and time share facilities to 26 units per acre when o7 Page 6 January 29, 1991 located within an Activity Center. Planner Bellows stated that the objective of this petitton is to amend C-4 and C-5 Zoning Districts, to allow motels, hotels, and time share facilities as a permitted use within Activity Centers and as a provisional use outside Activity Centers. He explained that the density would Increase within an Activity Center to 26 units per acre which is consistent to the RT Zoning District which allows hotels, motels, and time shares. He noted that Activity Centers are designed for higher density and commercial uses such as these; therefore, staff has detsrmtned that this petition is appropriate. In response to Commissioner Shanahan, Mr. Bellows reported that outside activity centers a request for hotels, motels, and time share facilities would have to be granted a provisional use. He added that in these cases the petitioner would be subject to location require- ments of the Future Land Use Element. / Commissioner Volpe commented that he is concerned about changing zoning classifications for G-4 and G-5 before reviewing the Unified Land Development Regulation in its completed form. Gommissioner Saunders related that he does not feel there is a problem in amending the Zoning Ordinance when it involves minor amend- ments such as these. Mr. Bellows confirmed to Commissioner Volpe that the only allowed density change would be within an activity center, and added that out- side an activity center the density would remain at 16 units per acre. He clarified that the proposed ordinance would change hotels, motels, and time share facilities to permitted uses within an activity center. In response to Commissioner Hasse, Mr. Bellows explained that the height of the buildings will remain limited at 100 feet for G-4 zoning and 35 feet for G-5 zoning and setbacks will remain at one half the height of the building. John Lee of Hole, Montes and Associates, Inc. affirmed that the subject petition is requesting that hotels, motels, and time share facilities be allowed in activity centers as permitted uses and noted 08' Page 7 January 29, 1991 that there is no request to change the structure height requirements. He pointed out that outside an activity center a request would have to be made for a provisional use for the construction of hotels, motels, arid time share facilities, and the height requirements can be reviewed by the Board at that time. Shanahah moved, seconded by Commissioner Saunders and that the public hearing be closed. Co~ieetoner Shanaban moved, seconded by Commissioner Saunders, to ~pprav~ l~tition Z0-89-4, and upon call for the question, the motion failed 3/2 (Cmissionera Volpe and Hasse opposed}. Commissioner Volpe related that he cannot support the motion because, although he has no problem with the petition within activity centers, he is concerned about a/lowing hotels, motels, and time share facilities to be built outside activity centers in the C-4 and C-5 zoning districts even with the requirement of a provisional use. Commissioner Hasse concurred. Commissioner Saunders ~oved, seconded by Commissioner Volpe and cmrrtedunan~ously, that the Ordinance as numbered and titled below be adopted, as ~t relates to uses within activity center and deleting the portions relating to provisional uses outside activity centers, and entered into Ordinance Book No. 42: ORDINANCE 91-13 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SUBSECTION 7.23, C-4 COMMERCIAL GENERAL DISTRICT, PARAGRAPH b.1)(h), PERMITTED PRINCIPAL USES AND STRUCTURES, TO ADD HOTELS, MOTELS AND TIME SHARE FACILITIES WHEN LOCATED WITHIN AN ACTIVITY CENTER; BY AMENDING PARAGRAPH 7.23c.6), MAXIMUM DENSITY, TO ADD THE LANGUAGE TO LIMIT THE MAXIMUM DENSITY FOR HOTELS, MOTELS AND TIME SHARE FACILITIES TO 26 UNITS PER ACRE WHEN LOCATED WITHIN AN ACTIVITY CENTER; BY AMENDING SUBSECTION 7.24, C-5 COMMERCIAL INDUSTRIAL DISTRICT, PARAGRAPH b.1)(h), PERMITTED PRINCIPAL USES AND STRUCTURES, TO ADD HOTELS, MOTELS AND TIME SHARE FACILITIES WHEN LOCATED WITHIN AN ACTIVITY CENTER; BY AMENDING PARAGRAPH ?.24c.7}, MAXIMUM DENSITY, TO ADD LANGUAGE TO LIMIT THE MAXIMUM DENSITY OF HOTELS, MOTELS AND TIME SHARE FACILITIES TO 26 UNITS PER ACRE WHEN LOCATED WITHIN AN ACTIVITY CENTER; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ORDI~ 91-14 RE PETITION ZO-90-6, REQUESTING AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS, BY AMENDING SECTION 8, SUBSECTION 8.23; PARKING REQUIREMENTS AND AMENDING SECTION 20t DEFINITIONS - ADOPTED AS AMENDED 09 Page 8 January 29, 1991 Legal notice having been published in the Naples Daily News on January 9, and 23, 1991, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider Petition ZO-90-6, filed by the Community Development Division representing the Board of County Commissioners, requesting an ordinance amending Ordinance 82-2, The Comprehensive Zoning Regulations for the Unincorporated Area of Collier County by amending Section 8, Supplementary District Regulations, Subsection 8.23, Off-street Parking; and Section 20, Definitions. Planner Hoover pointed out the changes made to the proposed ordi- nance. He noted that on page 8 of the ordinance language should be added to the paragraph referring to Auto/Truck Washing stating, "one space for self-service wash facilities and one space per employee of the largest shift for automatic wash facilities." He indicated that on page 9 staff would like the item referencing Convenience Store to read Convenience Store and Delicatessen. He advised that the defini- tion for delicatessen on page 16 should be expanded to include foods such as pizza which will include the delivery or take out food facili- ties in the definition. After some discussion, Mr. Hoover stated that the change on page 9 in reference to Convenience Store can be changed to read, "Convenience Store and Delicatessen/Take-out Prepared Food Facilities", with the added definition on page 16 for take-out prepared food facilities. Mr. Hoover noted that on page 10 staff is recommending that in reference to Hospital it should be changed to, "eleven per five patient beds. He stated the next change on page 11 under Nursery, Plant (~holesale) is to recommend that the parking requirement be lowered to plus one per acre of display and growing areas. Commissioner Hasse raised the question of parking for the vehicles delivering plants to the wholesale nurseries. Commissioner Volpe pointed out that there will be unique situations such as this and perhaps the ordinance should have provided a variance procedure. Mr. Hoover suggested that the requirement for parking at wholesale lO Page 9 January 29, 1991 nurseries be changed to one space per 10,000 square feet for display area and one space per one acre of growing area. In addressing Commissioner Volpe~s question regarding a variance, Mr. Hoover commented that this has been provided for in the proposed ordinance. In reference to a letter Commissioner Shanahah read from the Naples Chamber of Commerce stating that they are in opposition to the proposed ordinance because it increases parking and decreases open and green spaces, Mr. Hoover emphasized that this ordinance will be decreaslng the amount of parking required. Mr. Hoover indicated that the area where it appears there is an increase with restaurants, but the change is in the wording which would require one space per two seats instead of one space per seventy square feet which eliminates extra seats being added tilegaily. He did note that the area where there will be an increase is in the industrial areas and the intensely used areas such as hospitals, and this is for safety reasons. Commiesloner Shanahah requested that staff contact the President of the Naples Chamber of Commerce and relate this lnformation to them. Mr. Hoover noted one other change on page 11 having to do with Public Buildlngs, and stated that staff would like to change the requirement from two spaces per employee to five spaces per four employees based on a recently received site plan. Commissioner Volpe suggested that for specific cases the variance procedure be used. County Attorney Cuyler suggested in regards to parking at shopping centers, that all retail uses within a shopping center be viewed as conforming as it relates to the parking requirements. In answer to the conversation regarding restaurants in shopping centers, County Attorney Cuyler stated that the new proposal is that if there lsa change in uses in a restaurant, then there is a threshold that staff will review the request agalnst to determlne whether the request should be approved or not. Mr. Hoover reported In answer to Commissioner Volpe's question that out parcels from a shopping center have to provide for their own Page parking requirements as a separate entity. Bagtnsk! concurred. January 29, 1991 Planning Services Manager Regarding the request of staff to investigate the site development plans in the review process, Mr. Hoover summarized that there are 92 site plans that have not received final approval and 17 of these will be affected by the proposed ordinance and would have to re-engineer the project to meet the stacking or parking requirements. County Attorney Cu¥1er noted that the issue is whether the Board wants to set a date that site development plans have to be submitted by in order not to be affected by the proposed ordinance. Mr. Hoover distributed to the Board drafted language regarding th~s Issue which provldes that a site plan submitted this date or before will be exempt for one year but must commence construction by February of 1992 or re-engineer the project. County Attorney Cuyler stated that this provision will be included as part of the ordinance. Co~isslonsr Saunders ~oved, seconded by Commissioner Shanahan and c~rrted~ou~ly, that the public hearing be closed. Saunders ~oved, seconded by Comm~ssioner Shanaban and carriadun~ni~ousl¥, that the ordinance as numbered and titled below be ad~pted, mubJsct to the changes outlined above and with the provi- sion that all site development plans ~ubmitted b~ th~s date will be exempt u long ae construction commences within the next twelve ~onthe, and entered into Ordinance Book No. 42: ORDINANCE 91-14 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 8, SUPPLEMENTARY DISTRICT REGULATIONS, SUBSECTION 8.23, OFF-STREET PARKING: REQUIRED AMOUNTS, IN ORDER TO UPDATE THESE CLASSIFICATIONS AND REQUIREMENTS FOR THE MINIMUM REQUIRED NUMBER OF PARKING AND STACKING SPACES, BY DELETING THE CURRENT REQUIREMENTS OF SAID SUBSECTION IN THEIR ENTIRETY AND REPLACING SAID REQUIREMENTS WITH NEW REQUIREMENTS FOR THE MINIMUM REQUIRED NUMBER OF PARKING AND STACKING SPACES INCLUDING GREEN SPACE REQUIREMENTS FOR SHOPPING CENTER PARKING AREAS; AMENDING SECTION 20, DEFINITIONS, BY DELETING THE DEFINITIONS DRIVE-IN RESTAURANT OR REFRESHMENT STAND; HOTEL, MOTEL, BOATEL, MOTOR HOTEL, MOTOR LODGE, TOURIST COURT; MARINA; SHOPPING CENTER; AND BY ADDING THE DEFINITIONS OF APPLIANCE STORE (MAJOR); BED AND BREAKFAST RESIDENCE; BOATEL; CONTRACTORS' OFFICE; CONVENIENCE STORE; DELICATESSEN; DEPARTMENT STORE; DRIVE-THROUGH AUTO MAINTENANCE CENTER; HOTEL;.INDUSTRY, HEAVY; INDUSTRY, LIGHT; MARINA; MOTEL (MOTOR HOTEL, MOTOR LODGE, TOURIST COURT); PARKING, STACKED; RESEARCH LABORATORY; RESTAURANT (DRIVE-THROUGH); RESTAURANT 000 12 Page 11 January 29, 1991 (SIT-DOWN); RESTAURANT (WALK-UP); SHOPPING CENTER; STORAGE FACILITY (SELF-SERVICE); WAREHOUSE; AND WHOLESALE; BY AMENDING THE DEFINITION OF VARIANCE TO PERMIT VARIANCES FROM PARKING REQUIREMENTS; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 7:10 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL · :? ':, .': '~ ';- ~"~'., ~ PATRICIA .~ /~ese ml~tes approved by the Board on :.i": ........ ~ p'~ese.te~'.' ~ or as corrected ,--;~NNE %OOD~IGHT, ~HAIRMAN Page 12