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BCC Minutes 10/20/1999 S (LDC Amendments)Ocober 20, 1999 TRANSCRIPT OF THE 5:05 MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 20, 1999 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 5:05 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRWOMAN: NOT PRESENT: Pamela S. Mac'Kie Barbara B. Berry John C. Norris James D. Carter Timothy J. Constantine Robert Fernandez, County Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, October 20, 1999 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 ADMINISTRATOR 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 ADMINISTRATOR 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 CHAIRWOMAN. 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. ! October 20, 1999 PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, AS DIRECTED BY THE ADMINISTRATION COMMISSION PURSUANT TO ITS FINAL ORDER OF JUNE 22, 1999 IN CASE NO. ACC 99-02 (DOAH CASE NO, 98-0324 GM) MORE SPECIFICALLY AMENDING THE FOLLOWING; ARTICLE 2, ZONING, DIVISION 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS TO ADD SECTION 2.2.30 DECLARATION OF PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR CERTAIN PERMITTED AND CONDITIONAL USES PERMITTED BY THE FUTURE LAND USE ELEMENT AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999 AND AS SET FORTH IN SECTION 2.2.2 OF THE LAND DEVELOPMENT CODE AS IT EXISTED AND WAS IN EFFECT ON JUNE 22, 1999, FOR A MAXIMUM THREE (3) YEAR PERIOD IN THE RURAL AND AGRICULTURAL ASSESSMENT AREA, EXEMPTIONS THEREFROM AND RELATED MAP AND SECTION 2.2.31, DECLARATION OF PARTIAL MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS FOR ANY LAND USES EXCEPT FOR AGRICULTURE AND DIRECTLY RELATED USES AND ONE SINGLE FAMILY DWELLING UNIT PER PARCEL OR LOT CREATED PRIOR TO JUNE 22, 1999 IN THE NATURAL RESOURCE PROTECTION AREAS (NRPAS), FOR A MAXIMUM THREE (3) YEAR PERIOD, EXEMPTIONS THEREFROM AND RELATED MAP; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATE. 3. ADJOURN. 2 October 20, 1999 Ocober 20, 1999 Item #2 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE - SECOND PUBLIC HEARING TO BE HELD NOVEMBER 3, 1999 AT 5~05 P.M. CHAIRWOMAN MAC'KIE: Okay. We'll call the meeting to order, the Board of County Commissioners. This is the 5:05 meeting on Wednesday, October 20th, 1999 with regard to the Land Development Code. COMMISSIONER BERRY: Excuse me just a minute. Madam Chairman, I think that easel needs to be moved. CHAIRWOMAN MAC'KIE: It would be nice if it were removed, wouldn't it? I wonder what it's about. COMMISSIONER BERRY: I think it was some other individual's. That way we can see Mr. Anderson. CHAIRWOMAN MAC'KIE: No, he was hiding behind that. So Ms. Student, could you get us started? MS. STUDENT: Yes. For the record, Marjorie Student, assistant county attorney. I'm going to make this brief, because we don't need to go into a whole lot of details, since you've seen very recently the Comprehensive Plan Amendment that this implements. And this is basically the partial moratorium ordinance that is an LDC amendment. It's the special emergency LDC amendment. And the board declared that emergency in September to allow us to go outside of our LDC cycle because the final order issued by the Governor and Cabinet requires that this ordinance be adopted by November 14th, and it didn't fit in with the regular LDC amendment cycle. You have seen it all before in terms of the Natural Resource Protection Areas and the rural ag. assessment. It tracks the language exactly, or just about exactly, from the final order of the Governor and Cabinet. And I think that's all that I need to say. We will need at the next meeting -- we don't vote tonight. We have the next meeting in two weeks, or on November 3rd. We will need to have four commissioners to vote at that time, because we require the super majority for any amendments to the Land Code. COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: Okay. Are there questions from board members on any of the amendments? COMMISSIONER NORRIS: Any public speakers? COMMISSIONER BERRY: The only question I have is this -- all we're basically doing is getting ready to transmit this, if it is okayed, and it is everything we have talked about before, Marjorie? (Commissioner Carter enters boardroom.) MS. STUDENT: Yes. What we're doing is, this isn't a transmittal hearing like a plan amendment or anything like that. This is the actual implementation of the amendment to the Land Code. I'm going to check with DCA and see if they wish to see this, but really, all we need to do is if this becomes part of our code after it's adopted on the 3rd, they may wish to see it, and we'll be happy Page 2 Ocober 20, 1999 to send it up there° So that if they need to make any report, you know, they'll have that. CHAIRWOMAN MAC'KIE: Any other questions for staff? COMMISSIONER CARTER: One quick question. Have we run this by the attorney that we retained to guide us through this entire process? MS. STUDENT: No. I can certainly let Nancy Linnan see it. We met with them on -- we met with her on Monday. I can certainly fax her a copy of it and have her look at it. But it tracks the order. It's just like the comp. plan amendment that we did. COMMISSIONER CARTER: But since we've retained that person, I think it would be a good idea to keep her in the loop. MS. STUDENT: Certainly. COMMISSIONER BERRY: Absolutely. CHAIRWOMAN MAC'KIE: Good catch. MS. STUDENT: And she knows that we're doing this, because we let DCA know that we were doing it, so -- CHAIRWOMAN MAC'KIE: Other questions? Any registered speakers? Any public -- members of the public want to speak? Mr. Anderson, you being it, are you here just because you like to see us? Okay, that's good. Well, we don't need to take a vote tonight. MS. STUDENT: No, we won't take a vote until our second meeting on November 3rd, so -- CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER NORRIS: I guess we're done. CHAIRWOMAN MAC'KIE: We're adjourned. COMMISSIONER CARTER: Thank you. There bein9 no further business for the good of the County, the meeting was adjourned by order of]the Chair at 5:10 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD (S) OF TS CONTROL ~~ S. MAC'KIE, C~IRWOMAN ATTESt: DWIGHT E. BROCK, CLERK Page 3 Ocober 20, 1999 Board on ~g These minutes approved by the ~_ . %~9 , as presented ~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 4