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BCC Minutes 11/03/1999 S (LDC Amendments)November 3, 1999 TRANSCRIPT OF THE 5:05 MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 3, 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, November 3, 1999 $s05 pm NOTICEs ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PHIOR 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. 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. 1. 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 1 September 9, 1999 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 SIX, EFFECTIVE DATE. Ordinance 99-77 - Adopted 5/0 ADJOURN. 2 September 9, 1999 November 3, 1999 CHAIRWOMAN MAC'KIE: We'll call the meeting to order for the Board of County Commissioners. This is a special -- or an emergency Land Development Code adoption meeting. I think we can, since it's such a small group, dispense with the pledge to allegiance to the flag, if no one objects, and go straight to the agenda. Item ORDINANCE 99-77 AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE MS. STUDENT: Madam Chairman, members of the commission, for the record, Marjorie Student, assistant county attorney. This is the moratorium ordinance that you saw at our last meeting. It is to implement the Growth Management Plan amendments that you saw in September. It is also in accord with the final order that the Administration Commission issued on June 22nd. The commissioners voted last meeting to have our consultant, Nancy Linnan, review this. She did, and she said it's a fine ordinance. So with that, I would ask that the board duly adopt it. And I've checked with DCA. Once we get it back from Secretary of State, we're to send them the copy, you know, stamped from the Secretary of State. COMMISSIONER NORRIS: And I'll make a motion that we adopt this ordinance. COMMISSIONER CARTER: Second. MR. FERNANDEZ: Public hearing. CHAIRWOMAN MAC'KIE: Is it a public hearing? MS. STUDENT: Yes, it is. So you need to see if any members of the public want to -- CHAIRWOMAN MAC'KIE: Any members of the public interested in speaking? Any of the three of you. If not, I'll close the public hearing and accept John's motion and Barbara's second. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. MS. STUDENT: Thank you. CHAIRWOMAN MAC'KIE: Do we have any other business? If not, we're adjourned. Page 2 November 3, 1999 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:07 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX sOp FFICIO - OVE ING BOARD(S) TROL DWIGHT, ., E,--BROCK?,,.. ~ CLERK ~ '. These .min~te~ approved by the Board on pr~,~nte.~. ~ ~',~. or as corrected , as TRANSCRIP~ PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE iR. LEONE Page 3