01/24/2023JANUARY 24, 2023 - REGULAR MEETINGMcDaniel LoCastro Saunders Hall Kowal Passed FailedAGENDA ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of today's regular, consent and summary agend as amended (ex parte disclosure provided by commission members for consent agenda.)Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Yes Yes Yes Yes YesYesItem #2B - BCC Budget Meeting Minutes for September 22, 2022 Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Yes Yes Yes Yes YesYesItem #2C - BCC Meeting Minutes for October 25, 2022, BCC Meeting Minutes Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Yes Yes Yes Yes YesYesItem #2D - BCC Meeting Minutes for December 13, 2022 Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Yes Yes Yes Yes YesYesItem #9A - Approve an Ordinance amending Ordinance No. 04-74, as amended, Orange Blossom Ranch, a Planned Unit Development (PUD), to change the 43.6± acre commercial office (C/O) tract to the mixed use (MU) tract; to allow 400 multi-family rental dwelling units with some affordable housing on a portion of the MU tracts in addition to the allowed 200,000 square feet of commercial development, changing the total density from 1,950 to 2,350 dwelling units and providing an effective date. The subject property is 43.6± acres out of the 616± acre PUD and located at the northwest quadrant of Oil Well Road (C.R. 858) and Hawthorn Road in Section 13, Township 48 South, Range 27 East, Collier County, FloridaMotion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0Ordinance 2023-11Yes Yes Yes Yes YesYesItem #9B -Approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires Conditional Use or Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220000207] (First of two hearings) Motion to continue to February 28, 2023, meeting; Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0Ordinance 2023-12Yes Yes Yes Yes YesYesItem #11A - A Land Development Code amendment to allow medical/cannabis dispensaries in the same zoning districts as pharmacies at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. [PL20220004273] Motion to bring back an Ordinance to ban medical/cannabis dispensaries by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0Yes YesYes Yes YesYesItem #11B - Approve the expenditure of Tourist Development Tax funds in a not-to-exceed amount of $24,000,000 for the construction of an emergency berm necessary for protection of upland structures left vulnerable by Hurricane Ian, authorize the necessary budget amendment, authorize the Board to delegate authority to the County Manager to execute a contract(s) for the construction of the emergency berm, subject to being later ratified by the Board at its next regular meeting, and make a finding that this expenditure promotes tourism. (Andrew Miller, P.E., Manager, Coastal Zone Management) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall – Approved 5/0Yes Yes No Yes YesYesVOTES
Item #11C - Moved from Item #16A7 (Per Agenda Change Sheet) A Florida Department of Transportation (FDOT) Beautification Grant, Landscape Maintenance Memorandum of Agreement with FDOT in which Collier County will be reimbursed up to $100,000 for median irrigation and landscaping improvements on US 41 (State Road 45/ State Road 90), Lee County Line to Vanderbilt Beach Road, authorize the Chairman to sign and execute the Agreement and related documents, authorize the necessary budget amendments, and allow project activity. (District 2) (Commissioner McDaniel’s request)Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes No Yes YesYesItem #11D - Moved from Item #16A8 (Per Agenda Change Sheet) Award Invitation to Bid ("ITB") No. 22-8046, "Davis Blvd (SR-84) Landscape Improvements - Grant Funded" project, to Hannula Landscaping and Irrigation, Inc., in the amount of $425,783.79, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 4) (Commissioner McDaniel’s request)Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes YesYesItem #11E - Moved from Item #16A9 (Per Agenda Change Sheet) Award Invitation to Bid ("ITB") No. 22-8047, "Collier Blvd (SR-951) Landscape Improvements - Grant Funded" project, to Hannula Landscaping and Irrigation, Inc. in the amount of $526,622.75, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 1) (Commissioner McDaniel’s request) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes YesYesItem #11F - Move from Item #16F2 (Per Agenda Change Sheet) Award Request for Proposal (“RFP”) #22-8026, “Tourism Sales Representation – Midwest United States” to Synergy-Connect, LLC, make a finding that this action promotes tourism, and authorize the Chairman to execute the Agreement. (All Districts) (Commissioner McDaniel’s and Commissioner LoCastro’s separate requests) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved 5/0Yes Yes Yes Yes YesYesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Moved to Item #9B (Per Agenda Change Sheet) Approve Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to remove the $25,000 minimum value of the Transfer of Development Rights (TDR) Base Credit in the Rural Fringe Mixed Use District by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code more specifically amending the following: Chapter 2 Zoning Districts and Uses including Section 2.03.07 Overlay Zoning District; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002482] Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0 Item #17A Moved to Item #9B (Per Agenda Change Sheet)Item #17B - Approve Petition PL20210000560, to disclaim, renounce and vacate the County and the public interest in a portion of Sandy Lane located approximately one-half mile east of Santa Barbara Boulevard and one mile north of Rattlesnake Hammock Road in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Items #17C & #17D) (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Resolution 2023-18Yes Yes Yes Yes YesYesItem #17C - Approve Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Sandy Lane RPUD, to allow construction of up to 640 dwelling units on property located east of Santa Barbara Boulevard approximately one-half mile south of Davis Boulevard between Seychelles Drive and Polly Avenue, in Section 9, Township 50 South, Range 26 East, consisting of 113.97± acres; and by providing an effective date. (This is a companion to Items #17B & #17D) [PL20200001208] (District 1)Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Ordinance 2023-04Yes Yes Yes Yes YesYesVOTES
Item #17D - Approve an Ordinance amending Ordinance Number 82-49, the Shadowwood Planned Unit Development (PUD), by amending the master plan to add a potential roadway interconnection from Tract E to the proposed Sandy Lane Residential Planned Unit Development to the north which if approved, will replace the roadway connection to Polly Avenue; by adding roadway, signage and model home deviations and by revising developer commitments. The subject property consisting of 77.99± acres is part of the 168.10± acre PUD located at the Wing South Air Park, east of Santa Barbara Boulevard between Davis Boulevard and Rattlesnake-Hammock Road, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Items #17B & #17C) [PL20210001253] (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Ordinance 2023-05Yes Yes Yes Yes YesYesItem #17E - Approve Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Future Land Use Map and Map Series by changing the Land Use Designation of the property to Agricultural/Rural Mixed Use District, Basik Drive Storage Commercial Sub-district to allow outdoor storage for mobile and towable items Including automobiles, boats, RV’s, trailers, 350 outdoor storage spaces, and unlimited roofed or enclosed structures. Furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (This is a companion to Item #17F) (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Ordinance 2023-06Yes Yes Yes Yes YesYesItem #17F - Approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, by changing the zoning classification of the herein described real property from C-4-RFMUD-Receiving and A-RFMUD-Receiving to the Basik Drive Storage CPUD to allow 120,000 square feet of indoor storage (up to 1,000 units) and 50,000 square feet of office/commercial space and up to 350 outdoor storage spaces on property located on the northeast corner of Tamiami Trail East and Basik Drive, west of Trinity Place, consisting of 13.87± acres; providing for repeal of Resolution No. 07-332, a Parking Exemption and Resolution No. 18-25, a Conditional Use for enclosed mini self-storage warehousing and partial repeal of Ordinance No. 88-61, as to the property described in this Ordinance; and by providing an effective date. (PL20210000046) (This is a companion to Item #17E) (District 1) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Ordinance 2023-07Yes Yes Yes Yes YesYesItem #17G - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to create the Ivy Medical Center Subdistrict by changing the land use designation of property from Urban, Urban Mixed Use District, Urban Residential Subdistrict to the Urban-Commercial District, Ivy Medical Center Subdistrict to allow up to 20,000 square feet of Commercial Professional and General Office District (C-1) uses including medical offices. The subject property is located on the south side of Immokalee Road, approximately 1,970 feet east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 3.92± acres; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [PL20210002122]. (This is a companion to Item #17H) (District 3) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Ordinance 2023-08Yes Yes Yes Yes YesYesItem #17H - Adopt an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Professional and General Office District (C-1) zoning district for general office, medical office and business service uses on property located on the south side of Immokalee Road approximately 1,970 feet east of Logan Boulevard, in Section 28, Township 48 South, Range 26 East, Collier County, Florida, consisting of 3.92+/- acres; and by providing an effective date. (PL20210002147) (This is a companion to Item #17G) (District 3) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Ordinance 2023-09Yes Yes Yes Yes YesYes
Item #17I - Adopt a resolution approving amendment (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Resolution 2023-19Yes Yes Yes Yes YesYesItem #17J - Approve Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to remove the $25,000 minimum value of the Transfer of Development Rights (TDR) Base Credit in the Rural Fringe Mixed Use District by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code more specifically amending the following: Chapter 2 Zoning Districts and Uses including Section 2.03.07 Overlay Zoning District; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002482] (District 1, District 3, District 5) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Ordinance 2023-10Yes Yes Yes Yes YesYes