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10/24/2023October 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 McDaniel; Seconded by Commissioner Hall - Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #2B - August 8, 2023, Board Meeting Minutes Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal - Approved as presented – 5/0 Yes Yes Yes Yes YesYesItem #2C - September 26, 2023, Board Meeting MinutesMotion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal - Approved as presented – 5/0 Yes Yes Yes Yes YesYesItem #4A - Proclamation designating October 27 through November 4, 2023, as Mobility Week in Collier County. To be accepted by Brian Wells, Director, and Omar DeLeon, Transit Manager, Public Transit and Neighborhood Enhancement. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0Yes Yes Yes Yes YesYesItem #4B - Proclamation designating October 26, 2023, as Delta Sigma Theta Sorority Day in Collier County. To be accepted by Lisa Adams, 2nd VP, Rhonda Burns, Co-Chair 10th Anniversary Committee, Diane Haynes, and Celestine Oglesby Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0Yes YesYes Yes YesYesItem #4C - Proclamation designating November 2023 as Diabetes Awareness Month in Collier County. To be accepted by Tami and Joseph Balavage, President and Executive Vice President and co-founders, Help a Diabetic Child, Inc., Julia Reisman, Operations Coordinator, and Sharon von Arx, representing the von Arx family. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Yes Yes Yes Yes YesYesItem #9A - To approve a rezoning Ordinance for Ascend Naples RPUD to allow up to 208 multi-family rental units, 71 of which will be restricted as affordable, on 17.5± acres of property located on the south side of Vanderbilt Beach Road approximately ½ mile east of Logan Boulevard, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (PL20220002908) (Companion to Item #9B: PL20220003213 - GMPA) (District 3) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall – Adopted 4/1 (Commissioner Sanders opposed) Ordinance 2023-50Yes Yes No Yes YesYesItem #9B - To approve and transmit to the Florida Department of Commerce a small-scale Growth Management Plan Amendment Ordinance creating the Vanderbilt Beach Road Residential Subdistrict to allow up to 208 multi-family rental units, 71 of which will be restricted as affordable, on 17.5± acres of property located on the south side of Vanderbilt Beach Road approximately ½ mile east of Logan Boulevard, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. [PL20220003213] (Companion Item PUDZ PL20220002908 Item #9A) (District 3) Motion to adopt w/changes by Commissioner McDaniel; Seconded by Commissioner Hall - Adopted 4/1(Commissioner Sanders opposed) Ordinance 2023-51Yes Yes No Yes YesYesItem #10A - The Board commits to providing the Collier County Sheriff all necessary resource to ensure the safety and security of all residents, visitors, schools, and places of worship during the ongoing conflict in Israel and Gaza (Commissioner Saunders Request)Motion to assure Collier County Sheriff will be provided all necessary financial resources for the Community safety and to Reaffirm the Proclamation adopted on October 25, 2022; by Commissioner Sanders; Seconded by commissioner McDaniel - 5/0Yes Yes Yes Yes YesYesVOTES Item #11A - To approve an Agreement for Sale and Purchase with (1) Annecy Marco, LLC, Barfield Hawaii, LLC, and 201 Barfield, LLC (“Annecy/Barfield”); (2) Diane Greene Chestnut; (3) South Terra Corporation; and (4) Agua Colina under the Conservation Collier Land Acquisition Program, at a cost not to exceed $6,549,900. (Jaime Cook, Development Review Division Director) (District 1) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Sanders – Failed 2/3 (Commissioners McDaniel, Hall and Kowal - opposed) 1. Annecy / Barfield LLC - Motion to approve by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 5/0 2. Diane Greene Chestnut - Motion to approve by Commissioner LoCastro; Seconded by Commissioner Sanders – Approved 3/2 3. South Terra Corporation - Motion to approve by Commissioner LoCastro; Seconded by Commissioner Hall – Approved 5/04. Agua Colina - Motion to approve by Commissioner LoCastro; Seconded by Commissioner Sanders – Failed 2/3 – (Commissioners McDaniel, Hall and Kowal - opposed)No Yes Yes No NoNoItem #11B - To 1) Authorize and approve Riviera Golf Estates straw poll survey language for distribution and tabulation by the Collier County Supervisor of Elections to determine the level of support by Riviera Golf Estates property owners for the establishment of a Special District to finance the initial acquisition and ongoing maintenance of the Riviera Golf Course property pursuant to the April 25, 2023, Mediated Settlement Agreement between the County, La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowner’s Association, Inc., for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Riviera Golf Course; and 2) Determine whether the boundary of the Special District shall include two County owned parcels in the Riviera Golf Estates used for access to the County’s stormwater management system. (Ed Finn, Deputy County Manager) (District 4) Motion to approve w/changes by Commissioner Kowal; Seconded by Commissioner McDaniel 5/0Yes Yes Yes Yes YesYesItem #11C - To approve funding allocations to support the Golden Gate Golf Course workforce and senior housing project to include: (a) conditional award of $2,689,137 in State Local Fiscal Recovery Funding pending Board approval of Amendment Nine, (b) approve and authorize the Chairman to sign an extension to the funding commitment deadline, (c) provide a conditional award of $1,335,703 in Housing and Urban Development HOME funds and a $329,706.40 Community Development Block Grant, and follow the open door application process in accordance with the Citizen Participation Plan, and authorize any necessary budget amendments from Fund 3018 for land attributable to this project. (Fiscal Impact $4,716,300, Fund 3018 and $4,354,546, Fund 1835). (Cormac Giblin, Economic Development & Housing Division Director) (All Districts) Motion to approve by Commissioner Sanders; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes YesYesItem #11D - To approve the release of a code enforcement lien with an accrued value of $27,800 for a reduced payment of $14,683 in the code enforcement action titled Board of County Commissioners v. Marie A. Louis, Fernande Douyon, and Jean R. Louis, in Special Magistrate Case No. CELU20210013112 relating to property at 946 Hamilton St., Collier County, Florida. (District 5) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 4/1 (Commissioner Sanders opposed)Yes Yes No Yes YesYesItem #12A - The Board direct that the Appeal of Official Interpretation PL20230010644 regarding the interpretation of “neighborhood fitness and community center” in the Golf Course and Recreational Use Zoning District be sent to the Hearing Examiner for public hearing and decision. (District 5) Motion to approve by Commissioner Kowal; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes YesYesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGVOTES Item #17A - To approve an Ordinance rezoning property from the Rural Agricultural (A) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a project to be known as Lutgert Airport Road CPUD, to allow up to 104,000 square feet of gross leasable area of indoor self-storage including automobile, recreational vehicle, and boat storage. The property is located on the west side of Airport Road North, approximately 320 feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5± acres and providing an effective date. (This is a Companion Item to GMPA-PL202220003934, Orange Blossom/Airport Road Commercial Subdistrict GMPA, Item #17B.) [PL20220000533] (District 2) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved and/or Adopted w/changes – 5/0Ordinance: 2023-48Yes Yes Yes Yes YesYesItem #17B - To approve and transmit to the Florida Department of Commerce a small-scale Growth Management Plan Amendment Ordinance amending the Orange Blossom/Airport Crossroads Commercial Subdistrict to allow up to 40,000 square feet of gross leasable area of commercial uses or up to 104,000 square feet of gross leasable area of indoor self-storage including automobile, recreational vehicle, and boat storage on 5 acres of the 10-acre subdistrict located on the west side of Airport Road, approximately 320 feet south of Orange Blossom Drive in Section 2, Township 4 South, Range 2 east, Collier County, Florida. [PL20220003494] (Companion to PUDZ PL20220000533 / Item #17A). (District 2) (26708) Motion to approve by Commissioner McDaniel; Seconded Hall by Commissioner – Approved 5/0Ordinance: 2023-49Yes Yes Yes Yes YesYesItem #17C - To adopt a resolution approving amendment (appropriating carry forward, transfers, and supplemental revenue) to the FY23-24 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts)Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved – 5/0Resolution: 2023-199Yes Yes Yes Yes YesYes