BCC Minutes 06/02/2010 S (LDC Amendments)
June 2,2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 2, 20 I 0
LDC AMENDMENT HEARINGS
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 9:00 a.m., in SPECIAL
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRMAN: Fred Coyle
Jim Coletta
Donna Fiala
Frank Halas (Absent)
Tom Henning (Absent)
ALSO PRESENT:
Jeffrey A. Klatzkow, County Attorney
Heidi Ashton, Assistant County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 2, 2010
9:00 AM
Fred W. Coyle, Bee Chairman Commissioner l District 4
Frank Halas, Bee Vice~Chairman Commissioner, District 2
Jim Coletta, Bee Commissioner, District 5
Donna Fiala, Bee Commissioner, District 1
Tom Henning, Bee Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COIINTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS
WILL RECEIVE UP TO THREE (3) MINUTES I'NLESS THE TIME IS ADJUSTED BY TIlE
CHAIRMAN.
COLLIER COUINTY ORDINANCE NO. 2003-53. AS AMENDED BY ORDINANCE 2004-05 AND 2007-
24. 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." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME
OF TEN MINUTES.
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 IIPON WHICH THE APPEAL IS TO BE BASED.
IF YOII 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) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONER'S OFFICE.
LIINCH RECESS SCHEDULED FOR 12:00 NOON TO I :00 P.M.
I
1\09 Amend the LDC\2009-Cyc1e j\Schedules and Summaries\BCC Agenda (U60210) doc
1. PLEDGE OF ALLEGIANCE
2. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken
by one motion without separate discussion of each item. I f discussion is desired by a member of the Board, that
item will be removed from the Consent Agenda and considered separately. All items referenced herein were
previously heard and approved, with changes to be made, by the BeC on May 17,2010; this agenda evidences
those specific changes.
Subsection
A. Items heard on l'vlav 17,20 I 0; a roved with chan es to be made as evidenced herein
20308 AA
2.04,00,2040]
2,04,02,204,03
40202,4,02.29
And 5,0510
1.08.02.
205.01
3050711.Ig
30606 F
50401, 5,0405
50406,50407
50408,1002,0
G, and
Appendix C;
10.03.05
D...riptio. Author I P,,_tiOll Sum.
Vote Sltee
Aquaculture J. Wright Bec USOS-Book 1 L 63
(prohibition within RFMU Sending) 4~1
RELOCATED TO REGULAR AGENDA - SEE BELOW (Item 3.8.)
Scrivener's errors, multiple (strike~outs from S.lstencs for Bee USOS-Book 1 M 71
table de.conversion were nol entered in Fabacher
ordinance version). 5~O
o Pa e 72. Line 48: staffre uestt:d to strike "2.04.03 Reserved"
Privatt: Petition (PL2009.467) Duane/Yovanovich Bce OSOs-Book 1 N 83
DeCmitions.[)ensity Standards and Housing Types 540
o The l3e("s motion to a rove induded addin) Ian ua e to rt:strict to "Port ol'the Islands."
Preservation SlUndards S. Lenbt:rger BCe0505-Book 1 S 141
Preserve Management Plmls 540
o The Bee's motion for approval induded adding "hunting" to the Management Plans sedion.
Regulated Wel(!ields Orange Tree JZ, Smith Bee OS05~Book 1 T 169
5-0
o I'a e 170: Add title, "Oran t: Tree Well Field," above ra hil: illustration
Re.write of Temporary Use Penn it section S, Istenes for Kelly Bee 05GS-Book 1 CC 215
5-0
o Page 219 & 220: underlint: subsections 5.04.05 A.2 & A.3: rt:-Iocated text.
o Pagt: 224, line 2: strike "Reserved"
o Page 233, line 18: change "oj" to "or"
o Page 236.lint: 10: strike .'his"
29.
81.
88
8.
29
62
78
116.
117.
123.
125.
126,
164.
194
]88
Nl~tice, ~e~u~re~lents for:Pu~li~ ~learings l3eto;~ S.lstenes
the lJl(. (( Pl. I3fA. I.A(. ele... I 5-0
o Page 33 L lint: 42 & Page 332 line 15: stalTrequestt:d to underline "Conditional Use Extensions"
Bee OS05-Book 1 JJ
331
B. Items heard on Mav 17,2010; aomoved as submitted. I!l!llII!II
Subsection Deseription . Vote .. l'ublication ~ I'u.. Ord.
'. Shee P... P..e
1.08.02 Definitions - "Dwellill!:! - Multinle-familv" 5-0 Bec 050S-Book 1 A 1 7
1.08.02 Detinitions~Subdivision-Minor 5-0 Bee USG5-Book 1 B 5 8
1.08.02 Detinitions-Lots, comer.interior.thro~ph 5-0 Bee 050S-Book 1 C 7 8
201.00 Generallv (oarking/use of recreational vehicles 4-1 Bee OSUS-Book 1 E 9 II
2030113.l.b Estaks-Accessory Uses-4H Hogs 5-0 Bce OS05-Book I F 23 13,
5.04.05 122
2.03.03 F rravel-Traikr Rec Vehicle Campground 5-0 Bee USOS-Book 1 II 35 14
(TTRVO - Park models from 480 to 500 sa. ft.
20304 A.l.a Industrial Zonill!:! Districts (PL2009.338) 5-0 Bee OS US-Book I II 43 15
2.03.07 114 Early I:ntry TDR Propram Extension 5.0 Bee 0505 Book 1 1 45 16
2.03071.6 Bavshore Mixed Use Overla I District lHMUD) 5-0 Bee OS05.Book 1 J 59 25
2.03.07 J Goodland Ovcrlav Zoning District (GZ()\ 5-0 BCC 05U5-Book I J 61 26
30401,30402 Protedion of Endangered-Threatened-or Listed 5.0 Bee 0505-Book 1 () 91 33
30403,3U404 SDccies-Listcd Plants LDRs 45
30507 A-B Native vegetation Definition 5-0 Bce U5U5-Book I P 109
Single~h\lnily Preserve Setback Clarification -- 50
3.05 07 Il.l.b Preserve Dimensional Criteria 5-0 Bce 0505-Hook 1 Q 117
~
1\09 Amend the LDC\2009-Cvcle 1 \Scheduks and Summancs\BCC Agenda (06U21 O),doc
2
3.05.07 H.I.d Conservation Mechanisms 5-0 Bce OSOS-Book 1 0 121 51
3.05.07 H.l.e Preservation Standards created nreserves 5-0 Bce OSOS-Book 1 R 125 52
305.07 H lhl Preservation Standards 5-0 Bee OSOS-Book 1 S 147 66
- Recreational Uses in Preserves
3,0507 H.J hii Prescr\/ation Standards 5-0 Bce OSOS-Book 1 T 159 69
- Storm water Uses in Preserves
306.06 C Ref!u{afed Well leids CC 5-0 Bee USUS-Book 1 T 165 74
306.06 E ReJ!ulaled Well ields'~ FGUAGCC 5-0 Bee 0505- Book 1 T 167 76
3.06.06 II ReflUlaled Well ie!ds AM 5-0 Bce USUS-Book I T 17] 80
3.06.06 H Ref!Ufated We/lfjelds -- Ave A4aria 5-0 Bce USUS-Book I T 173 73
4.02.01 D.9 Dimensional Standards for PrincipallJses in 5-0 Bee USUS-Book 1 W 175 81
Base ZoninQ Districts--Pool Pumns
4.02.35 B.2 GTMUD. figures 1-3-4-5 5-0 Bce OSOS-Book I X 179 90
4.05.02 M Tvoical OfT-Street Parking Desion Exhibit A 5-0 Bee OS OS-Book 1 Z 187 97
4.05.04 ParkinR Soace Reauirements 5-0 Bce 0505 Book 1 Z 191 101
4.06.01 Generally 5-0 Bce OSOS-Book 1 AA 195 102.
6.06.05 Clear Site Distance 131
4.06.05 D.4 General I ,andscaping Requirements 5-0 BCC OSOS~Book I ^A 199 tfs-
~ Plant Material Standards T06
5.03.02 Fem:cs and Walls 5-0 liCC OSUS-Book I HH 201
5.04.04 Modell-lomes and Sales Centers 5-0 Bee USO)-Ilook I -'=-
BB 213 J..12.
505.05 Automobile Service Stations -, Returning 5-0 Bee UsUs-Book I II 243 127
portions of code lost during re~codific<ltion~
DSAC found th<lt SIde and n:ar setb<lcks for
properties abutting non-residential to be extrem
and had desire to change them, requesting that
such SSs be brouQht back next cvc\c to evaluat -
80300. Deletion of Advisory Boards 4-1 Bec OSOS-Book 1 FF 249 131
803.01,8,03.02
8.03.03,803.04
8,0305,803,06
803,07,80308
8,04,00,804.01
804.02,8,U4.03
8,04,04,804,05
1-:,0406,8,05,00
8,0501,8,0502
8US03, 80S 04
80S0S, 8 0600
80601,806,02
80603,80604
8,06,05,80606
80607.80608
8.0609,80610
80700,8.07,01
80702,80703
807,04,8070S
10.02.02 ^ Submitt<ll Requirements 5-0 Bec OSOS-Book 1 1111 146
- Environmental Imnact Statements (EIS) -
10.02.06 I Change the requirement for annual vehicle on 5-0 BCe 0505 Book I HH 169
the beach (VOm nennits to a omHimc nennit -
10801,108,02 School Board Concurrency 5-0 Bee OS05~B()ok 1 KK 335 6.7.
40S07, 6 0209 105.
1002,04, 130.
lOO207, 162.
100409.
10,02,12, 174.
1002,13, 190.
100400 186.
187.
190
10.02.13 Planned Unit Develonment (PUD) Procedures 5-0 Bee OSOS.Book I II 329 187
100305 B & F Notice Requirements for Public Hearinl!s 5-0 Bec OSOS-Book I KK 333 189
3
1:\09 Amend the LDC\2009-Cyclc I\Schedules and Summanes\HCC Agenda (0602\0),doc
3. ADVERTISED PUBLIC HEARINGS
A. Land Development Code (LDC) Amendments u Not previously heard on May 17,2010.
SilbsectioD
D...r1ption
Author
Publication:
On!.
Pa
10.02.07 C
Environmental
Marinas (MPP Shoreline Calculations S. Lenber er
Private Petitions
Immokalee Deviation Process/Interim Standard. R. Mulhere
COES Business Mana ement & Bud et I Trans
Submittal Requirements for COAs Patterson /
Casalan uida
Bee OS20-Book 2 DD
126
5.05.02
203.07
Bee OS20-Book 2
ortation Planoin
Bee OS20-Book 2
7
17
178
B. Land Development Code (LDC) Amendments - Returned for Discussion or Pulled from Consent Agenda.
2.03.08 A.4
Des<ripti<>n Author I Puhlieation
Vole
Count Attorne 's Office
Aquaculture J. Wright Bce I)jl'5 IhHI]; 1 .J..,
(prohibition within RFMU Sending) 5/17/10 -- 4-1 Bee OS20-Book 2 L
o Approved motion included removal of language on Page 64 ~ Lines 18 & 19 and
Page 66 - Lines 22 & 23, following "unless"
o Bee Re uest to return item with bondin alternatives.
Subseeti<>a
--e:>
41
27
4. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 252-8383.
NEXT MEETING DATE
BCC LDC MEETING 4 ~ JUNE 10,2010 al9:00 a.m.
4
1:\09 Amend the LDC\2009-Cycle l\Schedules and Summaries\BCC Agenda (060210),doc
June 2, 2010
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioners' meeting is in session.
Would you please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you. Board members,
Commissioner Henning will be joining us by telephone. We need to
have a motion to allow him to participate in our deliberations by
telephone.
COMMISSIONER FIALA: So moved.
COMMISSIONER COLETTA: (No verbal response.)
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala,
second by Commissioner Coletta.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
MR. KLATZKOW: And by that you're finding extraordinary
circumstances?
CHAIRMAN COYLE: That is correct, yes.
And the motion passes unanimously, 3-0.
With respect to the agenda, there has been a request by Mr.
Mulhere that his petition be heard early. Does anybody have any
objections to that?
COMMISSIONER COLETTA: No.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Being that he's standing there, I
don't think we can.
CHAIRMAN COYLE: Okay. Do you -- with respect to the
agenda itself, do you have any changes?
MS. ISTENES: No chan- -- well, there is -- and I believe you all
got the corrected agenda. There is just some page number changes that
were ill error.
Page 2
June 2, 2010
CHAIRMAN COYLE: Yes.
MS. ISTENES: Could I take a minute and just explain the
agenda?
CHAIRMAN COYLE: Sure, go ahead.
MS. ISTENES: Because it -- it looks complicated, but it actually
works pretty well.
Under Item 2A, these were the items that you heard on May 17th
and were approved with the changes to be made as noted in the shaded
lines under each item. So that's 2A, and those corrections are in your
book.
The Item B are the items you heard on May 17th as well and
were approved as submitted. So all those listed under Item B were
approved as submitted, and they are not showing up in this book.
They are in book one, because that's where they originally appeared.
And there were no changes to those, and your vote and everything is
indicated there.
So now we're on to -- I'm sorry. Did you have a question?
CHAIRMAN COYLE: No, no.
MS. ISTENES: No, okay.
Now we are -- that brings us to Item 3A, which are the three
items that you did not hear at the last meeting that were either
continued or delayed for some reason or another, and that's where Mr.
Mulhere's follows.
And then under 3B is an item that we returned for discussion for
you that was pulled from the consent agenda because there were some
changes after you heard it.
So today you could be finished, and you will need to vote to
approve the ordinance which is -- incorporates all of these
amendments. If you have any changes to them -- either as we go
through the public hearing, then you would need to vote to approve
with changes and put those on the record, and then those changes
would be made to the ordinance after the fact. And then if you're okay
Page 3
June 2, 2010
__ I apologize for jumping around -- but back to 2A, if you're okay
with the changes that we made under 2A, which you directed us to do
last time, then we don't need to discuss those again unless you want to.
CHAIRMAN COYLE: Okay.
MS. ISTENES: Okay.
CHAIRMAN COYLE: Good. Sounds simple enough.
County Attorney, do you have any changes?
MR. KLATZKOW: No, sir.
CHAIRMAN COYLE: Okay. Then do I hear a motion to
approve the agenda as amended?
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Coletta, second by Commissioner Fiala.
All in favor, please signify by saying.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: It passes unanimously. The agenda is
approved.
Let us then proceed to --
MS. ISTENES: That would be 2.03.07, Immokalee deviations.
CHAIRMAN COYLE: Yes. That would be under Item 3A.
MS. ISTENES: Correct, 3A, that would be Page 7 of book two.
CHAIRMAN COYLE: Okay.
MR. KLATZKOW: Commissioner, do we have Commissioner
Henning on the phone yet?
CHAIRMAN COYLE: I don't know ifhe's there.
MR. KLATZKOW: Because we need four votes to approve an
LDC amendment.
CHAIRMAN COYLE: Commissioner Henning, are you there?
COMMISSIONER FIALA: I didn't hear him come in.
Page 4
. -,---",~-"",--"--"~,,-,,,-,-~~,,~--,~~'-~~;-'""_.._--..,..,-,........-..--.-.---.--' .
June 2, 2010
MS. ISTENES: I was told he was just going to call in and we
didn't need to do anything, so --
COMMISSIONER FIALA: Let me call the office -- let me run
in to the office manager and --
MS. ISTENES: I can do that, Commissioner. Here he is.
MR. MITCHELL: Commissioner Henning isn't online yet.
COMMISSIONER FIALA: Can you call him on his cell phone
and have him connect in?
CHAIRMAN COYLE: This might be a shorter meeting than we
anticipated. How many public speakers do we have?
MS. ISTENES: I have four.
CHAIRMAN COYLE: Which items?
MS. ISTENES: Three for -- three for the shoreline.
CHAIRMAN COYLE: Well, let's do that by section. Which
section are we talking about?
MS. ISTENES: I'm sorry. That's 3A, section 5.05.02, and then
one for the aquaculture, which is 3B.
CHAIRMAN COYLE: So you had three for 5.05.02?
MS. ISTENES: Correct.
CHAIRMAN COYLE: And you had one for 2.03.08 A4?
MS. ISTENES: I actually just got another one for 5.05.02, so
that makes four.
CHAIRMAN COYLE: Okay, four. Okay. Very well.
If we were to proceed with the items that we have already heard
and approved on the first reading without Commissioner Henning, we
won't be approving the final resolution or ordinance.
MR. KLATZKOW: I think we should wait 'til he gets on the
phone. I would hate to get involved with a challenge based on a
procedural issue.
CHAIRMAN COYLE: Okay, all right. Then in that case we're
going to take a recess until Commissioner Henning gets on the phone.
Thank you very much.
Page 5
-,..__._._-----_.-...._--"._.._-~-_._,-_.._-,._.-_.._,.-._-~._."~'".,_. --. _.---~-----_._._-
June 2,2010
(A brief recess was had.)
CHAIRMAN COYLE: Okay. We are going to adjourn this
meeting at 9:35 if you don't have it solved.
(A brief recess was had.)
CHAIRMAN COYLE: Okay. Do we have mikes?
Ladies and gentlemen, we're having a communication failure
which prohibits us from communicating with Commissioner Henning.
We need four votes on this board to approve Land Development Code
changes.
Weare going to recess this meeting until Tuesday, time certain at
one p.m. in the afternoon. And if that causes our Board of County
Commission meeting on Tuesday to go over time, we will continue it
into Wednesday morning.
So thank you all for being here. We apologize for the problem.
Have a good day.
MR. KLA TZKOW: Could I just get a motion to continue just for
the record.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Motion to continue as directed.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to continue by Commissioner
Coletta, second by Commissioner Fiala.
All in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously. We'll schedule
this for one p.m. on Tuesday.
Page 6
..._._,,_.~.______m_._''''''~'' "u.~.'''~'''__'''_'_ _'.._', .._n'_,__"","~_'."_ .-'..-'--.-----,-..-
June 2, 2010
*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:37 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~~w.~
FRED COYLE, Chairma
ATTEST:
DWIGHT E.BROCK, CLERK
.' .~.... ." "'. ~(n
~..~
'.~ '... ',' P:..'... - .. ~ -
..~. .- ....~::. ()~L.
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If.CL ~:\:..t';,
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These minut~proved by the Board on cP / '2.1.. }2.0lQ as presented
V ~ or as corrected I
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 7