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BCC Minutes 11/10/2004 S (LDC Amendments) November 10, 2004 SPECIAL LDC MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida November 10, 2004 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 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: CHAIRMAN: Donna Fiala Jim Coletta Fred Coyle T om Henning ( absent) Frank Halas ALSO PRESENT: Joe Schmitt, Community Dev. & Env. Services Susan Murray, Zoning & Land Dev. Review Russell Webb, Zoning & Land Dev. Review Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA SPECIAL MEETING November 10,2004 5:05 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 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. 2003-53, AS AMENDED, 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. Page 1 November 10, 2004 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED 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, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN Page 2 November 10, 2004 November 10, 2004 CHAIRMAN FIALA: It's 5:05 and all is well. Welcome to the Land Development Code meeting, the amendment cycle two for 2004 on -- what is this, November 10th, right? MR. SCHMITT: November 10th. CHAIRMAN FIALA: Thank you. MR. SCHMITT: The day before Veteran's Day. CHAIRMAN FIALA: And -- there you go. Would you like to begin? MR. SCHMITT: Yes. Good evening, Commissioners. Again, this is the second hearing of the Land Development Code amendment cycle. But I need to first turn it over to Mr. Patrick White, because he has to read into the record the proper advertising. CHAIRMAN FIALA: Oh, I'm sorry. MR. WHITE: And before that -- I do that, Madam Chair, I believe it is traditional for us to start with the pledge, and -- MR. SCHMITT: Oh, thank you. MR. WHITE: -- if you'd like to do that, I just want to remind us. CHAIRMAN FIALA: 5:05, I've said it twice and I've forgotten it already today. For the third time, excuse me. Please rise and say the pledge of allegiance with me. And I beg your pardon. (Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you, Patrick. MR. WHITE: Thank you, Madam Chair -- CHAIRMAN FIALA: Especially in light of its being Veteran's Day tomorrow, right? MR. WHITE: That's what it's all about, yes. Assistant County Attorney Patrick White. I've reviewed the affidavit of publication for this evening's meeting and find that it's legally sufficient for the meeting to proceed, public hearing. I have provided our minutes-keeper with a copy, a duplicate copy of the Page 2 November 10, 2004 original for recordkeeping purposes. Thank you. MR. SCHMITT: Madam Chair, I'll just reiterate, this is our second hearing for cycle two, 2004 LDC amendments. As you know, we went through the entire book there in the first cycle, during the first meeting. We really had four issues that we needed to address your concerns; one having to do with architectural standards, the other having to do with the environmental, namely littorals and littoral plantings. We met with Commissioner Henning in regards to his concerns, and have met his concerns, or at least satisfied his concerns, but we'll go over that as well. And we had two issues in landscaping: One with tree removal permits and the other with the vegetation removal permits. So those were the four issues. We can go through this by tab again. I think probably we -- unless you have any burning desire to go through this in great detail, I think what we will do with the architectural standards, we would go through these -- the four issues that were raised as issues, staff will get up and highlight the changes that were made in regards to those issues. We can then proceed through the vote for each of these LDC amendments, because those were the four areas that were highlighted. In your book -- we recovered your books, we put in your books the changes. You'll have -- the tabs are still there. It's broken down into tabs for the different subject areas. For instance, Tab A are the architectural standards, and behind the cover sheet is the amendment to the architectural -- I'm sorry, Tab A -- Tab A is definitions. Tab B would be the architectural. We have highlighted the changes that were made behind those -- that summary sheet. We can go right to the areas that again are highlighted in the changed print -- COMMISSIONER COLETTA: Excuse me, Mr. Schmitt. MR. SCHMITT: Yes. Page 3 November 10, 2004 COMMISSIONER COLETTA: Would you check and see if -- I think the mute button is over there. I'm not getting any volume through the speakers here. MR. WEBB: It seems to be on. MR. SCHMITT: Is that better? COMMISSIONER COLETTA: There, there. Thank you so much. MR. SCHMITT: Okay. The -- anyways, do I -- hopefully everybody heard that, or at least part of it. COMMISSIONER COLETTA: I heard it. MR. SCHMITT: But the issue is we can go through -- I think we could do this by management by exception, meaning we'll address your exceptions, and then we can go back to the tabs and go through each of the subj ect areas, review those, or Russell can read those, down through those, and we'll vote per section and can move right through this. So with that, I would recommend -- I turn this over to Russell Webb, who is -- can basically run through this. But we'll turn to Tab B and then we'll have Carolina address the issue in regards to the architectural standards. So Russell? MR. WEBB: Yes. Good evening, Madam Chair, Commissioners. Russell Webb, principal planner with zoning and land development review, for the record. As Joe stated, Tab B is the first area where you requested that we make changes during the last meeting. And that is on Page 9. As you'll notice, the language is highlighted in yellow, and the actual language in the amendment is in red text that has been changed. And I believe Carolina is available for any questions that you may have. Basically the changes relate to deviations in other areas that you asked us to address at the last meeting. MR. SCHMITT: Carolina, if you could highlight the changes? Page 4 November 10, 2004 But I would direct your attention to Page 41, under Tab B, that's where we begin to address the commercial deviation. And I think we'll take speakers at that time. Anybody that's in the audience, if you wish to speak on a certain subject, please turn in your speaker slips so that we can call you and correlate your comments to this respective LDC amendment. MS. VALERA: Good evening. Carolina Valera, urban design planner with zoning and land development review. As Mr. Joe Schmitt mentioned, on Page 41, we made some changes for the deviation process. We added a deviation process for buildings under 10,000 square feet and for multi-story buildings under 20,000 square feet. I understand these were your directions from last meeting. And that is basically it. Also, I want to direct your attention to Page 12. We added some language there to take care of the grace period as when we're going to start administrating or using the new amendments. MR. SCHMITT: If I could clarify, Commissioners, the period of time is there so that we do not adversely impact anybody that has been working under the old rules and still wants to submit under the old rules. This gives them a period of time where they can come under -- either submit under either the new rules or old rules so we don't create any financial impact or burden, forcing somebody to redesign. And so that was a -- that was why we did that. MS. VALERA: Also, on Page 41, going back to Page 41, I want to add for the record that we are going to change one word. On the third -- let's see, letter A, the third line, instead of "and multiple buildings," it should be "or multiple buildings." And with that, I will answer any questions you may have. CHAIRMAN FIALA: Commissioners? (N 0 response.) CHAIRMAN FIALA: Looks like everybody's quiet. Thank you. MR. SCHMITT: We have one registered speaker. James Page 5 November 10, 2004 Waterman. MR. WATERMAN: Thank you very much. My name's James Waterman. The last time we brought up this issue, Matthew Craig was here. He's vice president AlA Florida Southwest. Matthew is out of town, he has asked me to come and speak on his behalf and, therefore, I am representing AlA Florida Southwest. I'm last year's president. And I will be very brief. AlA Florida Southwest has met with the planning staff. We're in full concurrence with the document as presented, and we offer it our full support. We thank you for allowing us to participate in this, and this is certainly for the benefit of Collier County. Thank you very much. CHAIRMAN FIALA: Thank you. Commissioners, any questions? Concerns? (No response.) CHAIRMAN FIALA: Okay. Looks like we can move forward. Thank you for your fine work. MR. SCHMITT: Do we want to vote on these two, or this 5.05.08, or do you want to proceed through the-- COMMISSIONER COYLE: Are we going to go through all of them? If you don't mind. MR. SCHMITT: Okay. COMMISSIONER COYLE: No, I just want to make sure I understand the format. Because if you're going to go through each and every one of these things at the end, we may as well vote on them at once and save -- MR. SCHMITT: Okay, we'll do that. I think we'll just go through them probably section by section at the end then. COMMISSIONER COYLE: Okay. MR. SCHMITT: Yeah. So Russell? MR. WEBB: Proceeding on to the next amendment request. That would be on Page 7 of your summary sheet, Page 68 of the Page 6 November 10,2004 packet, Section 10.02.06J. MR. SCHMITT: What tab is that? MR. WEBB: I'm sorry, that's in Tab C, I believe. COMMISSIONER HALAS: Page 7? MR. WEBB: Right. Correct, Page 7. And this is submittal requirements for permits. This is the cultivated tree removal permit. MS. MURRAY: Actually, Commissioner, that's Page 68 is where the actual text of the amendment starts. COMMISSIONER HALAS: Thank you. MR. WEBB: And we have Nancy here to address any questions that you may have on that. Once again, the language that is changed is I believe in red text. There may be some yellow highlighting as well. MR. SCHMITT: Nancy? MS. SIEMION: Good evening. For the record, I'm Nancy Siemion, landscape architect with department of zoning and land development review. And on Page 68 of your packet is the revised language for the cultivated tree removal permit. At our last hearing it was requested that this permit apply to minimum code trees only, so we have revised the language. You'll see the changes highlighted in yellow. And basically what will happen is the only trees that are required to be replaced are those that are required by our minimum landscape code. And that's what this language reflects. MR. SCHMITT: Any questions on that? (No response.) MR. SCHMITT: We have no registered speakers on-- CHAIRMAN FIALA: Any questions? No speakers? MR. SCHMITT: No speakers? MR. WEBB: No, no speakers. CHAIRMAN FIALA: Okay. Then we can move on. Thank Page 7 November 10, 2004 you. MR. SCHMITT: Next item -- MR. WEBB: Next item-- MR. SCHMITT: -- is behind Tab D. Go ahead. MR. WEBB: Sorry. Is on Page 8, as Joe said, Tab D of the summary sheet. The littoral shelf planning areas. Littorals, I should say. I believe last time you requested that it be made clear that this applied to projects initially requiring littoral plantings. And I believe Barbara made that change, and she has something. MR. SCHMITT: This is Page 72 of your packet. And highlighted in red bold -- or red type are the changes that were made. We met with Commissioner Henning. This resolved his concerns, and I'll turn this over to Barbara, if she would explain. MR. WEBB: The language on the overhead, just to point out, is the language that you have in your packet, so it's not any change to that. MS. BURGESON: For the record, Barbara Burgeson with environmental services. All that we did with the language is made sure that we added a couple of words so that it's clear to everyone that is required to do littoral planting replacements that that's only required if they've already had a previously approved littoral planting area. So these are only on proj ects that were approved through the county and with those approved requirements. So it -- just to make sure there is no inconsistency in the language. COMMISSIONER COYLE: I just have one typographical error to correct here. On Page 78, in that sentence at the bottom of -- MS. BURGESON: I think that's the next amendment. This amendment is on 72. COMMISSIONER COYLE: It's the same subject, isn't it? MR. SCHMITT: Yes. That's the next amendment, though. Page 8 November 10, 2004 That's the vegetation removal permit. But we can discuss that next, if there's no questions on the littoral plantings. CHAIRMAN FIALA: Any questions on this, Commissioners? COMMISSIONER HALAS: No questions. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: And that is the only change that·we have on 78, is it? MR. SCHMITT: That's correct. COMMISSIONER COYLE: Okay. At the bottom of that paragraph, where it says "shall also apply the BCC approved permit," should that read, "should apply to the BCC permit," or is that worded correctl y? MS. BURGESON: You're looking at the vegetation removal and site filling -- COMMISSIONER COYLE: Yes. MS. BURGESON: -- amendment now? On the bottom of78? COMMISSIONER COYLE: Yes. COMMISSIONER HALAS: The one that's in red. MR. WEBB: I believe you're correct, but-- MR. WHITE: The insertion of the preposition "to" would be appropriate. COMMISSIONER COYLE: Okay. MS. BURGESON: Yes. CHAIRMAN FIALA: Thank you. MR. SCHMITT: Thank you, Commissioner. CHAIRMAN FIALA: Would you like to say anything on this particular one? MS. BURGESON: It's not necessary, unless you'd like me to present that. CHAIRMAN FIALA: Commissioners? (N 0 response.) CHAIRMAN FIALA: No, I think it's okay; it's pretty clear. Page 9 November 10, 2004 MS. BURGESON: Okay. Thank you. CHAIRMAN FIALA: Thank you. MR. WEBB: That's all we had from the last meeting of the amendments that you requested that we revise. If you'd like to discuss any other ones, I guess now is the time to open for that discussion. Other than that, I guess we'd take a vote. CHAIRMAN FIALA: Commissioners, any discussion from you? COMMISSIONER COLETTA: I think staff did a remarkably good job of reflecting the wishes of the commission. COMMISSIONER HALAS: I also want to thank the planning commission and all the other boards that were involved in this process. As it got to us, you can see that we didn't have many questions, and I think that everything that was -- needed to be addressed was done in a timely manner by the other boards that looked at this. And hats off to them for really scrutinizing this. And by the time it got to us, we just had just a few questions and a few additions and corrections to the whole thing. So really, not only staff but everybody that had their -- was involved in this process, we want to really thank them very much for working with us. CHAIRMAN FIALA: Thank you. Okay, so now shall we vote on this? Do you need to read something into the record first or -- MR. SCHMITT: Yes. Procedurally, Patrick, Susan, how -- do you want to do this by the page or go through the entire -- legally I'm looking for some guidance. MR. WHITE: I think the traditional practice has been to look at those things that were changes, review them. We have read into the record all of the sections at the first meeting. There are no changes to those section numbers. And unless there is any further direction to Page 10 November 10, 2004 make changes with respect to the text, I believe that we're okay with a motion that effectively adopts the provisions as presented, with modifications from the last meeting, and simply makes a finding of consistency with the comprehensive plan as well, and a motion for approval would be sufficient. COMMISSIONER COYLE: So moved. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay, I have a motion to approve by Commissioner Coyle and a second by Commissioner Coletta. Any further discussion? Any further comments by staff? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. Opposed, like sign. (No response.) CHAIRMAN FIALA: What is it, 5:21? COMMISSIONER COYLE: It's the best meeting I've ever had. MR. WHITE: Anybody that had between 15 minutes and 30 wins the pool today. MR. SCHMITT: We're all done. CHAIRMAN FIALA: Well, thank you all for being here tonight. Thanks everybody. Go home and have dinner with your spouse or your boyfriend or girlfriend. Page 11 November 10, 2004 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5 :21 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~d~~ DONN FIALA, Chairman ATTEST: .: '~~.~~'.¡:~ 0.., , DWIGHT·E.~:aR(j~'!ÇLERK . ~. ,. ~' .'~ ':t~)~ \ ";'~: :;:. " ',~/, :'1 ".:;;':' .:' /i . These minutes approved by the Board on ~,~ /<1, i(jrj ~ , as presented ~ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 12 .-"---.. .M..,_._.~.._..,..,. .'. ,____.~_____"_O___~_._·,