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BCC Minutes 09/02/1992 S Naples, Florida, September 2, 1992 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 spec~a! d~strtcts as have been created accord/ng to law and hav/ng conducted bus/ness here/n, met on th~a date at 5:05 P.M. in SPECIAL SESSION /n Building "F" of the Government Complex, East Naples, Florida, w~th the following members present: CHAIRMAN: VICE-CHAIRMAN: (ABSENT) Michael 3. Volpe R/chard S. Shanahan Burr L. Saunders Max A. Hasse, Jr. Patrtc/a A. Goodnight ALSO PRESENT: Debby Farris, Deputy Clerk; Netl Dorrtll, County Manager; Jennifer Edwards, Ass/stant to the County Manager; Ken Cu¥ler, County Attorney; MarJorie Student, Assistant County Attorney; Frank Brutt, Community Development Services Administrator; Ken Bag/nskt, Plann/ng Serv/ces Manager; John MadaJewskt, Pro~ect Review Services Manager; David Pettrow, Development Services Director; Dick Clark, Code Enforcement Supervisor; Barbara Cacchtone, David Weeks and Wayne Arnold, Planners; and Deputy Byron Toml/nson, Sheriff's Office. Page i Xram d~3& September 2, X992 Iq~CO~I~IrDATION TO APPROVE ~S TO TH~ COLLIER COUNTY LAND D~V~LO~ CODE - SECOND PUBLIC HI~.~RING CONTINUED TO SEPTEMBER 16, 1992 AT 5:05 P.M. Legal notice having been published in the Naples Daily News on July 30, 1992, as evidenced by Aff~davit of Publication filed with the Clerk, public hearing was opened. Conisdioner Volpe announced that, as detailed on the agenda, only Articles 1, 4, 5 and 6 will be discussed this evening. Planning Services Manager BagJnskl explained the green side sheets distributed at this time reflect the changes, deletions or modifications discussed and subeecluentlY compiled as a result of the last meeting and which are again presented for review tonight. Referring to green side sheet 1-?, Sections 1.5.5 and 1.5.5.1, Project Review Services Manager MadaJewskt summarized the proposed changes without eliciting comment from the public. Planning Services Manager Baglnski detailed the proposed changes reflected on page 1-?, Section 1.5.6, without e//citing comment from the public. Project Review Services Manager MadaJewskt pointed out the pro- posed changes reflected on page 1-7, Section 1.5.7, without eliciting comment from the public. Referring to page 1-8, Section 1.6.3.3, Planning Services Manager Baglnsk! explained this Section ts a clarification to require the County Attorney's Office to review any interpretation prior to Its release. County Attorney Cuyler remarked this Section may undergo further modification but will be dt,cussed at a later hearing. Planning Services Manager Bagtnskl verified that the proposed changes to Sections reflected on pa~e 1-14 are Included to provide further clarification as well as provide for procedures and time fra- me8. Attorney Anthony Ptres, Jr. interjected he has this date faxed to Page 2 September 2, 1992 the County Attorney's Office a proposed version greatly expanding beyond the language presented regarding the public notice to property owners concerning vested rights determinations. Attorney Pires suggested he could meet with the County Attorney's Office and resolve his concerns in order that this item be presented to the Board of County Commissioners at the next hearing, and County Attorney Cuyler concurred. Planning Services Manager Baginski detailed the proposed changes reflected on green side sheet 1-15, Section 1.8.1.3; sheet 1-1§, Section 1.8.2; 1-20, Section 1.9.1.1; 1-20, Section 1.9.3; 1-20, Section 1.9.45 and 1-20, 21, Section 1.9.5, without eliciting comments from the public. Pro,eot Review Services Manager Mada~ewski summarized the pro- posed changes reflected on side sheet 1-24. Section 1.10.3. without additional input from the public. Planning Services Manager Baginskt detailed the proposed changes reflected on side sheet 1-37 withou~ eliciting comment from the public. Pro,eot Review Services Manage~ Mada~ewski explained the changes reflected on side sheet 4-6 and confirmed that the Ordinance Number will be filled in prior to the change becoming final. Planning Services Manager Bag~nski disclosed the changes reflected on side sheet 4-7, Educational Facilities System Impact Fee, and s~de sheet 5-5, Section 5.2.8, without eliciting comment from the public. Pro,eot Review Services Manager Mada~ewski summarized the changes reflected on side sheet 5-5, Section §.2.1~, without eliciting comment from the public. Planning Services Manager Baginsk~ described the changes reflected on side sheet 5-6, Section 5.3.2, without comment from the pub/kc. Pro,eot Review Services Manager MadaJewskl summarized the changes reflected on side sheet 5-6, Section 5.3.2.2, without eliciting com- Page 3 September 2, 1992 ment from the public. Planning Services Manager Bagtnskl revealed pages 6-13 through 6-15 basically represent housekeeping Items. County Attorney Cuyler interjected the Code Enforcement Board is not an Ordinance that has to be within the Land Development Code and, therefore, It will be repealed from the Land Development Code but adopted simultaneously at the time of Its repeal. Pro~ect Review Services Manager MadaJewskt explained the same is true for the changes reflected on pages 5-16 through 5-21. Planning Services Manager Bagin~kt pointed out the changes reflected on side sheet 6-1, Section 6.1.1. County Manager Dorrtll announced there are persons registered to speak to the issue of Article 6, and the following persons spoke to the issue of proposed changes as reflected on side sheet 6-20, Family Care Facility: Delores H. Faust Ranktn Susan Martinaen Following brief discussion, disclosure that Ms. Rankin's attorney is not present at this time, and explanation by Assistant County Attorney Student that the proposed changes were brought about due to the Fair Housing Act and the definition of a disabled person, County Attorney Cuyler suggested that Assistant County Attorney Student pre- pare a memo to the Board of County Commissioners addressing this matter and copy same to Ms. Rankin'e attorney. Narttn Ptnc~mey spoke to the Issue of changes proposed and reflected on side sheet 6-62. Planning Services Manager Bagtnski proceeded to explain the rele- vant changes and reasons therefor, assisted by both Project Review Services Manager MadaJewskt and Code Enforcement Supervisor Clark. Following brief discussion, Commissioner Volpe suggested that staff assess Mr. Ptnckney's concerns prior to the next meeting. Dwight Nadeau distributed a white side sheet identified as page 6-45, Recreational Vehicles/Equipment, proposed as an addition to the Land Development Code (LDC). Page 4 September 2, 1992 Project Review Services Manager MadaJewsk! explained the remainder of the green side sheets are merely "clean-up" Items. Co~/seloner Shanah~n ~oved, eecondedb~ Coniee~oner Hasee and c~rr~ed 4/0 (Co~ise~oner Goodnlght not present), to continue the ~cr~dpubl~¢ he.ring on the A~end~ente to the Un,fled L~nd Dev~l~t Code to September 16, 1992 at 5:05 P.M. There being no further business for the Good of the County, the seetfng was adjourned by Order of the Chair - Time: 6:05 P.M. ! BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX ..-.' OFFICIO GOVERNING BOARD{S) OF ~, SPECIAL DISTRICTS UNDER ITS CONTROL · CHAIRMAN Page