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BCC Minutes 02/06/2002 S (LDC Amendments)February 6, 2002 SPECIAL MEETING OF February 6, 2002 OF THE BOARD OF COUNTY COMMISSIONERS 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 5:10 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE CHAIRMAN: JIM COLETTA TOM HENNING JAMES D. CARTER, PH.D DONNA FIALA FRED COYLE ALSO PRESENT: TOM OLLIFF, County Manager MARJORIE STUDENT, Assistant County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 6, 2002 5:05 P.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 February 6, 2002 PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING DIVISION 3.15, ADEQUATE PUBLIC FACILITIES, TO DELETE SUBSECTION 3.15.7.3.1.2. THEREOF RELATING TO REVIEW AND APPROVAL OF CERTIFICATES OF PUBLIC FACILITY ADEQUACY PRIOR TO CONSIDERATION OF AN APPLICATION FOR DEVELOPMENT ORDER APPROVAL; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATE. 3. ADJOURN INC~UIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADF TO THE COUNTY MANAGER'S OFFICE AT 774-838~. 2 February 6, 2002 February 6, 2002 Item #2 ORDINANCE 2002-04 AMENDING ORDINANCE 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING DIVISION 3.15 ADEQUATE PUBLIC FACILITIES- ADOPTED CHAIRMAN COLETTA: This meeting is officially open. COMMISSIONER FIALA: Do we have to say the Pledge? COMMISSIONER CARTER: Stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: Well, this member of the -- this is the LDC meeting. MR. LITSINGER: Yes. Good evening, Mr. Chairman and commissioners. For the record, Stan Litsinger, Comprehensive Planning Manager. This LDC public hearing tonight is being held for the purpose of adopting an ordinance to eliminate a provision from your Land Development Code, otherwise known as Subsection 315.7.3.1.2. Your first reading was heard on the evening of January the 9th, LDC hearing. And to summarize very briefly, what we're proposing to do tonight is to strike this particular paragraph from your Land Development Code relative to your concurrency review process. The reason to do this is that the proposed language provides a basis and authority for a property owner to come forward at any time, not in association with the application for development order, and to apply for a certificate of adequate public facilities and have one issued for anticipated level of development on any parcel thereby -- thereby indemnifying the property in question against the impacts of Page 2 February 6, 2002 incurrent -- concurrency in exchange for the deposit of estimated impact fees that would apply to that development and to the Collier County impact fee trust fund. Pending changes to other provisions of Division 3.15 which you will hear in the coming month -- of this month, February, and concluded in March, will make significant changes to the way we evaluate the impacts of projects on concurrency, in particular, transportation and roads. And the reason that we feel it would be necessary to eliminate this provision at this time is because this process which is an administrative process, which was created by political authority 12 years ago is not consistent with the methodology we will be using in the future, and it would not be appropriate to be issuing certificates that were not attached to a -- an associated valuation of concurrency impact. COMMISSIONER CARTER: I'll move for approval. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. Before we do that, how many speakers do we have? MR. OLLIFF: None -- MS. STUDENT: None registered. CHAIRMAN COLETTA: And do you have something to add to this Marjorie? MS. STUDENT: Just when you make your motion, if you would make a finding of consistency with the Growth Management Plan. COMMISSIONER CARTER: I would include that in my motion. COMMISSIONER COYLE: I'll accept it as my second. CHAIRMAN COLETTA: Any other discussion or questions of staff?. (No response.) Page 3 February 6, 2002 CHAIRMAN COLETTA: In that case, I'll call the motion. those in favor signify by saying aye. (Unanimous response.) CHAIRMAN COLETTA: The ayes have it 5 to 0. MR. LITSINGER: That's all we have, Commissioner. CHAIRMAN COLETTA: Thank. I declare this meeting adjourned. All There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:13 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONT~ JIM COLETTA, CHAIRMAN s~ata~?.ese minut~proved by the Board on presented v" · or as corrected ATTEST: ::,DWigHT E. BROCK, CLERK , as TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT Page 4 February 6, 2002 REPORTING, INC., BY BARBARA A. DONOVAN, RMR, CRR Page 5