BCC Minutes 06/18/1991 S· " iLET 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 ~uch special districts as
have been created according to law and having conducted business
herein, met on this date at §:05 P.M. in SPECIAL SESSION in Building
,F7 of the Government Complex, East Naple~, Florida, with the
members present:
CHAIRMAN:
VICE-CHAIRMAN:
Patricia Anne 0oodnlght
Michael J. Volpe
Richard S. Shanahan
Max A. Hasse, Jr.
Burr L. Saunders
.,".'/~ '-iALSO PRESENT: Debby Farrts, Deputy Clerk: John Yonkosky, Finance
Director; Neil Dotrill, County Manager; Ron McLemore, Assistant
County Manager; Ken Cu¥1er, County Attorney; Dennis Cronin and Richard
Yovanovich, Assistant County Attorneys; Frank Brutt, Community
Development Services Administrator; Kenneth W. Baginski, Planning
.,~.. Services Manager: Sam Saadeh, Planner; Russell Shreeve, Housing and
'.' Urban Improvemen~ Director; and Fred Bloetscher, Assistant Utilities
-~.': - Administrator
, Page
June 18, 1991
'9!
Legal notice having been published tn the Nap]es Daily News or,
May 30, 1991, as evidenced by Affidavit of Publication filed with the
* ~ Clerk,. public hearing was opened to consider the Proposed EMS Impact
.Fee, Ordinance.
-.*,./.~-Asststant County Attorney Cronin reminded the Board of County
3stoners that this matter was before them two weeks ago when
numerous questions surfaced, and it was presented the following day to
the CCPC with more questions being asked and additional information
requested. He indicated It was felt to be more prudent to continue
~tht's matter to the meeting of August 7, 1991 In an attempt to collect
~*~';*the requested additional data.
~'*. ~.~Co~/~tone~ Hasse moved, seconded by Commissioner Shanahah and
~xl~mni~ou~l¥, to continue the Public Hearing on the EMS Impact
~O August 7, ~991.
[:9~-4T! AMENDING RESOLUTION 82-31 RE: TOLLING ADVERTISING
~z?;t3.~IME'~K~IN~ BCC VACATION - ADOPTED
.. County Attorney Cuyler requested that the Board of County
.i~;?. Commissioners modify the existing Resolution which requires readyef-
t.:' - of items continued more than five weeks to toll the t~me during
which they are on vacation.
"~Co~ss~oner Saunders moved, seconded by Commissioner Hasse and
:~ ¢arr~;.unan~mousl~, to amend Resolution 82-31 which provides for
:~s~n~ of ~tems continued more than five weeks by toll~n~ the
"~9;r~lm~=~n~ which the Board of County Commissioners is on vacation,
Resolution 91-471.
Page 2
June 18, 1991
%tem
ORDINANCE 91-49, R~ PETITION Z0-91-2, AN ORDINANCE AMENDING ORDINANCE
82-2, TaX COMPRXlr~SIVE ZONING RI~GULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, AMENDING SECTION 7.2? (PUD} BY DELETING SUBSECTION
?.27f.6, MULTI-FANILY ENTRY LEVEL R~NTAL HOUSING - ADOPTED WITH
CHANGES
Legal notice having been published in the Naples Dally News on
May 30, 1991, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was continued from June 5, 1991, to consider
Petition Z0-91-2, an Ordinance amending Ordinance 82-2, the
Comprehensive Zoning Regulations for the Unincorporated Area of
· Collier Cot~nty, by amending Section 7.2? (PUD) Planned Unit
Development District by deleting Subsection 7.27f06, Multi-family
Entry Level Rental Housing.
Planner Saadeh reported that staff, pursuant to the direction of
the Board of County Commissioners on June 5, 1991, met with the public
on June 12, 1991, addressed their concerns and thereafter modified
Subsection ?.27f.6. He relayed staff's recommendation for approval of
the revised Zoning Ordinance Amendment.
Planning Services Manager Bagtnski indicated that what is
currently before the Board of County Commissioners is a modified ver-
sion of what is currently found in the PUD document, and that what has
been done is the elimination of any reference to affordable housing in
terms of statements of applicability, etc. He remarked that what
remains is an entry level or apartment type dwelling that can be
applied through the PUD. He reported that one of the considerations
was the elimination of anything that can be referenced or referred to
as affordable housing which might usurp or take precedence over the
existing Affordable Housing Ordinance. He reported that Mr. Shreeve
and Mr. Blanchard concurred that nothing is left in the proposed
Ordinance which will supersede the Affordable Housing Ordinance.
In answer to Commissioner Volpe regarding the parking require-
ments contained in the proposed Ordinance, Mr. Baginski stated that
, ~.:thers will be different requirements based on the ~quare footage or
June 18, 1991
the limited number of bedrooms.
Commissioner $hanahan pointed out there is reference to parking
requirements found on page 3. of the proposed Ordinance.
Commissioner Hasse questioned the logic of 1~ parking spaces.
Mr. Baginskt answered that the philosophy is that, with a number
of units, the cumulative total of the 1~ units will account for those
individuals with one car as opposed to those with two cars.
In answer to Commissioner Hasse, Mr. Baginski stated he will not
argue too strongly if the Board of County Commissioners sees flt to
provide current parking standards on the units.
Mr. Baginski reiterated that these amendments and the PUD are
still under consideration by the Unified Land Development Code and, by
November, there will be a revised version of the PUD available that
may or may not contain the proposed language.
In reply to Commissioner Hasse, Mr. Baglnskt said the language
can be amended to allow for two parking spaces per dwelling unit as
required under normal codes.
Commissioner Hasse expressed his wish to provide for two parking
spaces.
County Attorney Cuyler stated that Mr. Reynolds is not present
today because he is happy with what is contained in the proposed docu-
ment.
Mr. Bagtnski reiterated his claim to Mr. Reynolds that he is not
interested in having this section replace or supersede the Affordable
Housing Ordinance.
Gommlssioner Volpe questioned whether this type of housing should
be encouraged in the community, i.e. minimum square footage for a one
bedroom apartment of 450 sq. ft.
Mr. Baginskt stated that the argument for the past three years he
has been with the Gounty is that there is a representative section of
the working class of Gollter Gounty that perhaps are eAther young pro-
feSsfonals or young elngle persons who do not look for a lot of space.
Page 4
%..
June 18, 199!
Commissioner Volpe asked the policy question of what need is
being fulfilled by allowing one bedroom apartments with a minimum of
450 sq. ft. and a maximum of 650 sq. ft, that might not be addressed
in the Affordable Housing Ordinance.
Mr. Baginski repeated Mr. Reynold's comments that the Affordable
Housing Ordinance presently in place is applicable to certain
situations where it may be attractive to the development community as
opposed to not being attractive to many other development con-
siderations.
Commissioner Volpe questioned whether Mr. Baginski was implying
that the Affordable Housing Ordinance may be a bit onerous on the
developers by having to enter into an agreement and tie the rentals,
and that this Ordinance l~rovides more flexibility to allow them to
build smaller units that cost less and rent for less but without the
involvement of Affordable Housing, to which Mr. Bagtnskt answered in
the affirmative that that was, in fact, the concept.
Mr. Baginski reported questioning Mr. Reynolds regarding the
reduction in square footage and how attractive it was. He indicated
Mr. Reynolds replied that the reduction and square footage would make
a considerable difference in the cost of construction and, therefore,
a reduction in the cost of the rentals.
Commissioner Volpe remarked that, while providing the flexibility
for everyone to do what they want, Collier County does not want to
provide the disincentive to developers to pursue affordable housing.
He added that, in his view, this is the back door which will allow the
developers to do that.
Commissioner Shanaban reiterated his understanding that the pur-
pose of reinserring the language of the Ordinance was to provide the
flexibility that some of the community felt was absolutely necessary
and that by failing to do so, the County would, in fact, provide the
disincentive for affordable housing and not have the opportunity pro-
vided by reinsertion of the language. He expounded that, due to the
Page
June 18, 1991
newness of the Affordable Housing Ordinance, that it is strongly felt
that the proposed Ordinance change is the best route to go in order
~to provide balance and approach and allc'~ a final decision to be made
at a later date. He stated that the market will mandate the size of
.the efficiency apartments, bedroom apartments, etc. He stated that,
other than the change allowing two parking spaces per unit, the Board
of County Commissioners should move ahead.
Mr. Baginski commented that, during prior discussions, Mr.
Reynolds suggested incentives such as reduction in necessary or usable
open space for the development. He added that staff did not address
that suggestion An the proposed Ordinance language as they did not
want the Ordinance to become a vehicle for bypassing the affordable
housing. He pointed out that the difference between the proposed
Ordinance and the Affordable Housing Ordinance currently in effect is
that the Affordable Housing Ordinance provides for additional density
bonuses while the proposed Ordinance does not.
Commissioner Volpe pointed out that in certain areas where com-
mercial is converted to residential there are density bonuses
available, to which Mr. Baginski concurred.
Commissioner Volpe questioned whether Collier County will be
given credit under its Growth Management Plan for affordable housing
in the event a developer constructs a project with a PUD under the
proposed Ordinance.
Mr. Baginski answered he cannot provide an answer to Commissioner
Volpe' s comment.
County Attorney Cuyler stated that will turn on a factual
question, i.e. if it is of a certain rent it will qualify as affor-
dable housing and does not need to be county initiated affordable
housing. He added that Collier County can take credit for those
things which fall in the appropriate categories.
Commissioner Saunders commented that, if this provides a mecha-
nism to provide less expensive housing for a segment of the community
Page 6
$une 18,
,"d~ring this type of housing and does not require any government
incentives, low cost loans, impact waivers, or anything that is dif-
.ftcult for Collier County to dole out, it will be a benefit to the
commLtnity to have this type of housing.
Commissioner Shanahan concurred with Commissioner Saunders'
i!.~.:~e~arkl, adding that Collier County has an opportunity to adjust as
the need arises.
Commissioner Volpe stated that the remaining issue is whether
COllier County wants to make sure that housing is available to those
wanting this type of housing for whatever reason. }{e added that he is
not certain the assessment has been made that Gollier Gounty needs
this type of housing.
Commissioner Saunders reiterated that perhaps only the market
)lace will determine whether there is a need for this type of housing
County.
County Attorney Guylet relayed his understanding that a develop-
ment is not allowed to use both the affordable housing density bonus
and these units.
Mr. Bagtnski reported that both Mr. Shreeve and Mr. Blanchard
:~nd~o&ted they have no difficulty wlth thil eltuatlon and they will
not get into "double dipping".
County Attorney Cuyler remarked that there may be other density
bonuses developers might acquire, but that they cannot have an
agreement with Collier County and then build the smaller units as
well.
Co~i~toner Saunders ~oved, ~econded by Commissioner Shanahah
·nd carried unanimously, to cloae the public hearing.
. Commissioner Volpe stated he wished he knew what need is being
addressed by this Ordinance. He added that development standards are
: not being met by other Ordinances.
..:. Planner Saadeh stated that approximately 750 sq. ft. is the mini-
mum size allowed by Ordinance.
Page 7
June 18. ~99!
~i'""-" Community Development Services Administrator Brutt reported that
s 450 sq. ft. efficiency apartment is possible with a Murphy bed, and
the one bedroom units with 525 sq. ft. can be designed very easily.
Comissionsr Shanaban moved, seconded by Commissioner Saunders,
· . to leave the efficiency apartment requiremont as is, adjust the one
,:~,~-~L bedroom mpartment to 525 sq. ft. in the miI~l~um floor area, leaving
p~rking for all the units to two spaces per unit, thereby adoptin~
91-49.
:- " Commissioner Volpe questioned whether this Ordinance is
~ermanent.
~,:,County Attorney Cuyler stated the Board of County Commissioners
can direct staff, as part of the Unified Land Development Code
discussion, to again discuss this Ordinance in order to ascertain
whether the Board wishes this to be permanent or an expiration date
can be incorporated into the Ordinance.
Commissioner Shanahah indicated it was his understanding all
gh the discussions that the Board of County Commissioners will
.review this situation after having the opportunity to test both
approaches as well as the Unified Land Development Code.
Commissioner Saunders suggested having staff report in approxima-
tely six months the status of how well the Ordinance is working.
Upon call for the question, the motion carried 4/1 (Co~aissioner
Volpe opposed) that the Ordinance as numbered ~nd titled below be
adopted and entered into Ordinance Book 44:
O~DINANCE 91-49
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AI~EA OF COLLIER COUNTY BY AMENDING
SUBSECTION f.6), MULTI-FAMILY ENTRY LEVEL ~NTAL HOUSING AREAS, OF
SECTION ?.27, PLANNED UNIT DEVELOPMENT; BY DELETING CERTAIN FINDINGS
RELATING TO AFFORDABLE HOUSING AND THE FAST-TRACK REVIEW PROCEDURES
SECTION; AND BY ADDING A REFERENCE TO THE DENSITY SET FORTH IN THE
GROWTH MANAGEMENT PLAN; BY PROVIDING FOR COnfLICT A}[D SEVERABILITY;
AND BY PROVIDING AN EFFECTIVE DATE.
Item
ORDINANCE 91-50 AMENDING COLLIER COUNTY ORDINANCE 90-86, THE REGIONAL
WATER SYSTEM IMPACT FEE ORDINANCE - ADOPTED
,::..- ...... Suns 18, 1991
~f'., '5 This item was discussed In conjunction with Item #3E below.
/~'~.~%'i' Leg,! notice having been published in the Naples Dat~y ,ewe on
May SO, June 12, and June 17, 1991, as evidenced by Affidavits of
Publication f/led with the Clerk, public hearing was opened to con-
sider amendments to Collier County Ordinance No. 90-86, the Regional
Water System Impact Fee Ordinance.
Assistant Utilities Administrator Bloetscher reported this is the
second hearing for the amendments to the Water Impact Fee Ordinance
which revises the payment period from five to seven years and provides
additional text to clarify what the impact fees are used for.
'In reply to Commissioner Volpe, Mr. Bluetschef reported it is
staff'e preference that the Board of County Commissioners approve the
amendments at this time in order for the seven year financing to
become effective.
In response to Commissioner Volpe, County Attorney Cuyler stated
that, as part of the next amendment regarding future water and sewer
issues, his office will address the possibility of updating the
changes and their Impact fees as opposed to bringing the matter back
as an amendment to pertinent Ordinances.
Cow"tsslonsr Saunders moved, seconded h~ Commissioner Shanahen
~nd c&rrted unanimously, to close the public he~rtng.
Commissioner Saunders moved, seconded by Commissioner Shan~han
·nd carried nnantmously, that the Ordinance as numbered and titled
belo~ be adopted and entered Into Ordinance Book No. 44:
ORDINANCE 91-50
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-86, TH~ REGIONAL
WATER SYSTEM IMPACT FEE ORDINANCE, BY REVISING THE FINDINGS IN SECTION
1.03; EXTENDING THE PERIOD OVER WHICH CERTAIN PAYMEltS MAY BE EXTENDED
IN SECTION 2.02; ADDING EXPLANATORY TEXT TO APPENDIX B; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Item #3E
ORDINANCE 91-51 AMENDING COLLIER COUNTY ORDIHANCE NO. 90-87, TH~
~EGIONAL SE~ER SYSTEM IMPACT FEE ORDINANCE - ADOPTED
This item was discussed in conjunction with Item #3D above.
Legal notice having been published in the Naples Daily News on
May S0, June 12, and June 17, 1991, as evidenced by Affidavits of
~Publtcatton filed with the Clerk, public hearing was opened to con-
elder amendments to Collier County Ordinance No. 90-87, the Regional
iSewer System Impact Fee Ordinance.
· below be adopted and entered Into Ordinance Book No. 44:
Co~mieeloner Saunders moved, eeconded by Commissioner Shanaban
Lid carried unanimously, to close the public hearing.
Colmieeloner Saunders ~oved, ~econded by Co~mieetoner Shanaban
and carried unanimously, that the Ordinance as numbered and titled
ORDINANCE 91-51
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-8?, THE REGIONAL
SEWER SYSTEM IMPACT FEE ORDINANCE, BY REVISING THE FINDINGS IN SECTION
1.03; EXTENDING THE PERIOD OVER WHICH CERTAIN PAYMENTS MAY BE EXTENDED
IN SECTION 2.02; ADDING EXPLANATORY TEXT TO APPENDIX B; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
~.,.-' There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 5:50 P.M.
BOARD OF COUNTY COMMISSIONERS
~':'"i:-'~ ii; .- BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
.... " SPECIAL DISTRICTS UNDER ITS
CONTROL
PATRICIA ANNE GOODNIGHT~.~HAIRMAN
by the Board on ~_ ~'S, Z~/
or as corrected
Page 10