BCC Minutes 01/15/1991 S Naples, Florida, January 15, 1991
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 5:15 P.M. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
GHAIRMAN: Anne Goodnight
VICE-CHAIRMAN: Michael J. Volpe
Richard S. Shanahan
Max A. Hasse, Jr.
Burr L. Saunders
ALSO PRESENT: Ellie Hoffman and Annette Guevin, Deputy Clerks;
Neil Dotrill, County Manager; Jennifer Pike and Tom Olliff, Assistants
to the County Manager; Ken Cuyler, County Attorney; Marjorie Student
and Dennis Cronin, Assistant County Attorneys; John Boldt, Water
Management Director; Robert Wiley, Engineering Project Manager;
William Lavetry, Growth Management Planner; Ray Bellows, Michelle
Edwards, Bill Hoover, Bob Mulhere, Ron Nino and Eric Young, Planners;
and Deputy Byron Tomlinson, Sher~ff's Office.
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January 15, 1991
Commissioner Goodnight stated that she will be leaving this eve-
ning's meeting at 6:00 P.M.
Gommissioner Goodnight called attention to tontght's hearing with
respect to the Stormwater Utility Ordinance. She stated that because
of the public comments that were made at the hearings with regard to
Mandatory Garbage Collection and several other issues that will be
presented this month, it may be a good idea to postpone the second
public hearing for the Stormwater Utility until the Commission has
determined the full array of all the issues that should be reviewed
during the next year. She reported that she would like to have an
idea of the entire ramtficat~ons for the coming year.
County Manager Dotrill stated that the second public hearing may
need to be continued after a determination has been made as to what
the Gounty-wtde road assessment looks like and what the Commission's
final desire is with respect to Mandatory Collection.
~te~ #~A
AMENDMENT TO ORDINANCE 88-9?, LIBRARY SYSTEM IMPAGT FEE ORDINANOE -
SEOOND PUBLIG HEARING TO BE HELD JANUARY 29, 1991
Legal notice having been published in the Naples Daily News on
January ?, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an ordinance amending
the Library System Impact Fees.
Assistant Gounty Attorney Cronin stated that he prepared the
amendment to ordinance. He related that this matter was presented to
the Collier County Planning Commission on November 15, 1990, and
recommended for approval by a vote of 6/0.
Assistant County Attorney Cronin advised that this is the first
public hearing relative to this amendment, and noted that the second
hearing will be conducted on January 29, 1991.
Attorney Cronin pointed out that Section 1.04 of the Ordinance has
been amended by incorporating the 1990 Update of Impact Fees for
Collier County, as prepared by Henderson, Young & Company. He noted
that the second change is reflected in Section 2.01, Imposition of
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January 15, 1991
Impact Fees which changes the amount per dwelling unit from $179 to
$182.50 per unit. He reported that Page 3 of the ordinance Indicates
that "land acquisition Including any costs of acquisition or condem-
nation" has been deleted and replaced by "parking".
Mr. Cronin stated the final change is found on Page 5 of the
Ordinance, relating to a credit "for the donation of land" which has
been deleted.
Commissioner Volpe asked why the credit for the donation of land
is being deleted, to which Assistant County Attorney Cronin advised
that all future Library Facilities will be located in Regional Park
areas.
There were no speakers.
Commissioner Saunders moved, seconded by Commissioner Shanaban and
carried unanimously, to close the public hearing.
Item #3B
STORM~ATER UTILITY ORDINANCE AND ACTIVITIES NECESSARY TO IMPLEMENT THE
MASTER PLAN - SECOND PUBLIC HEARINO TO BE HELD ON JANUARY 29t 1991
Legal notice having been published in the Naples Daily News on
January 7, 1991, as evidenced by Affidavit of Publication filed with
the Glerk, public hearing was opened to consider an ordinance creating
a Stormwater Utility.
Water Management Director Boldt explained that this is the first
of two evenlng public hearings regarding the adoption of the
Stormwater Utility Ordinance. He indicated that this ordinance has
been reviewed and recommended for approval by the Water Management
Advisory Board and the Collier County Planning Commission.
Mr. Boldt affirmed that the driving force behind the complete
stormwater program is a State mandated Growth Management Plan require-
ment to determine the facilities needs and develop appropriate
financing strategy to fund the proposed improvements. He noted that
the Plan designated the Stormwater Utility service charge as the pri-
mary source of that funding. He affirmed that the State of Florida
strongly encourages the counties to establish utilities and will pro-
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January 15, 1991
vide various incentives: revolving construction loans to those coun-
ties that have a utility in place. In addition, he revealed that the
United States Environmental Protection Agency will soon be requiring
Collier Gounty to comply with its new regulations regarding the per-
mitting of stormwater discharges into the waters of the nation and to
establish and implement programs to map, sample, and monitor the
stormwater pollutant discharge.
Mr. Boldt stated that in August, 1990, the Gommission adopted the
Stormwater Master Plan as a blueprint for developing the Gounty's
comprehensive stormwater management program. He mentioned that the
Plan describes the County's present facilities, the facilities that
are needed, costs, priorities, and a recommendation relative to
financing strategies that includes the major reliance on stormwater
utility service charges.
Mr. Boldt advised that the proposed Ordinance is the framework for
the Utility, sets it up as the legal entity, provides for descrip-
tions, definitions, allows for setting up a separate stormwater uti-
lity enterprise fund and provides for the imposition of service
charges, noting that rates are to be set at a later date by resolution
after a detailed rate study has been completed. He remarked that the
rate study will define the area of operation, eualuating the various
user groups and provide for possible exceptions of special cases,
i.e. vacant land or undeveloped property, agricultural land, and deal
with the unique case areas of the Oounty: Golden Gate Estates, Marco
Island and Pelican Bay.
Mr. Boldt explained that the financial consultant is recommending
that the utilities services charges be based on gross parcel size and
intensity of development. He reported that in order to raise the pro-
Jected revenues of approximately $8 million per year to fund the total
water management program, the financing strategy calls for $5.2
million to come from the stormwater utility service charges. He noted
that the rate of $1.50 per unit would result in raising $1.5 million.
He indicated that it is approximated that the rate would be $3.50 per
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January 15, 1991
month, per equivalent residential unit.
Mr. Boldt stated that he is requesting review of the proposed
ordinance for the first time this evening, with a second public
hearing to be held on January 29, 1991. He asked that the Commission
grant approval for Staff to Issue RFP's for the detailed rate study;
approval of a Job description for the Stormwater Manager; authoriza-
tion to advertise and fill that critical position as soon as possible;
and to authorize the creation of a stormwater utility enterprise fund
and approve the concept of funding the operation by the means of an
Interim transfer of a loan from an existing enterprise fund to cover
the expenses of the rate study and the hiring of a manager.
In answer to Commissioner Volpe, Mr. Boldt advised that In order
to properly put in perspective the total program, the capital program
is estimated between $55 mtllton and $80 million, noting that over the
next 15 - 20 years, $4 million to $5 million per year will be required
to Implement the program, once it is up and running.
Mr. Boldt revealed that extensive field surveys will be conducted
in addition to computer modeling and the latest state-of-the-art tools
will be used to determine what needs to be done to provide the
required level of service.
With respect to user charges, Mr. Boldt Indicated that out of the
anticipated $80 million, $50 million will come from the utility, $10
million will come from special assessments, the Big Cypress Basin
Board is responsible for a good share of some of these Improvements to
the regional type of water level control structures which could be $10
mlllton, and $10 million may come from developer contrlbutions. He
Indicated that the financial consultant is recommending that $1
million be relied upon from ad valorem taxes and $2 million from uti-
lities for the ongoing administration, maintenance and operation.
Mr. Boldt pointed out that Page 6 of his fact sheet summarizes all
the funding sources.
In answer to Commissioner Volpe, Mr. Boldt reported that with
respect to the total capital program, the Big Cypress Basin Board will
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January 15, 1991
be responsible for the improvements to the regional types of facili-
ties, i.e. water level control structure modifications; and the County
will be responsible for the canal improvements, structure modifica-
tions, and new crossings that are needed in the canals.
Gommissloner Volpe asked if there will be a mechanism in place for
communities, i.e. Willoughby Acres, Palm River or Naples Park, to
create their own municipal special benefit taxing unit rather than
waiting 15 years, as per the master plan. Mr. Boldt replied affir-
matively and noted that this is one of the options that staff is
proposing.
Commissioner Goodnight remarked that on January 29th, Gounty
Manager Dotrill will be presenting recommendations with respect to the
roads and other things that were to be paid from the 1¢ sales tax, and
because of all the controversy relating to mandatory trash pick up,
the subject item may be something that should be postponed for a
couple of weeks, so that a priority list can be compiled. She indi-
cated that stormwater management certainly is on the top of her
priority list, but noted that she would like to see what the average
homeowner will be paying for everything.
County Manager Dotrill stated that there is one position asso-
ciated with this item, and suggested that the Commission modify
staff's recommendation by approving the position and the job descrip-
tion, but noted that he will not advertise for same until this issue
is resolved.
Attorney John Brugger related that it is proposed to establish
another utility. He stated that within the next 6 - 12 months, there
will be a substantial slow down in real estate and questioned the
wisdom of increasing staff and establishing a separate utility divi-
sion when this could possibly be handled by existing staff.
Gommisstoner Goodnight pointed out that this is one of the reasons
that she would like to see the entire picture before determining
exactly what should be done.
Commissioner Saunders moved, seconded by Commissioner Shanahan and
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January 15, 199!
c=ri~4 unanimously, to close the public hearing.
County Attorney Cuyler suggested that this hearing be continued to
January 29th with a notation on the agenda indicating that the
Commission will determine the date that the item is to be continued
to.
Commissioner Goodnight remarked that she has no problem with
authorizing Staff to issue RFP's for the rate study and the approval
of a Job description for the proposed Stormwater Utility Manager, but
before the Commission takes any action on the amount of money that is
to be charged to each homeowner during the next fiscal year, she would
like to see the entire picture to determine the major impacts to
Collier County's residents.
Item #3G
PETITION Z0-90-20, AN ORDINANCE AMENDING ORDINANCE 82-2, BY ADDING
SECTION 8.~2.B.3)(A), "THE IMMOKALEE CENTRAL BUSINESS DISTRICT
STANDARDS FOR REQUIRING PARKING WITHIN DISTRICT BOUNDARIES" - SECOND
PUBIC HEARING TO BE HELD JANUARY 29~ 1991
Legal notice having been published in the Naples Daily News on
January 7, 1991, as evidenced by Affidavit of Publication filed with
the Glerk, public hearing was opened to consider Petition ZO-90-20,
Community Development Services Division, representin~ the Board of
County Commissioners, requesting an ordinance amending Ordinance No.
82-2, by adding Sections regarding "The Immokalee Central Business
District Standards for required parking within District Boundaries".
Planner Young stated that this is the first of the required two
public hearings relative to Petition Z0-90-20, amending the
Comprehensive Zoning Regulations to create the Immokalee Central
Business District.
Mr. Young advised that the objective of establishing the Immokalee
Central Business District (ICBD) is to realize the unique character of
Immokalee and to alleviate several of the problems that have arisen
over the past several months concerning parking issues. He indicated
that Section 8.12.B.3 of the Zoning Ordinance provides for the
establishment of a Central Business District in which the parking
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January 15, 1991
standards may be changed.
Mr. Young remarked that the basic problems relative to this issue
have been the dental of building permits, occupational licenses, and
site plan approvals due to insufficient parking. He pointed out that
this problem is not experienced over the entire Immokalee community,
but mainly in downtown or "old Immokalee". He stated that these
problems are preventing economic development in this portion of
Immokalee.
Mr. Young explained that due to the parking standards requiring a
specific number of spaces per use, many applicants have been unable to
obtain their occupational licenses or other permits that are needed to
establish a business. He indicated that after extensive research, and
in addition to the phys/cal data of lot line to lot line construct/on
which prevents any on-site parking, staff has relied on two basic
sources of data: the 1980 U.S. Census Report; and a survey which was
done by Arden Oss of the Immokalee Community Development Office.
Mr. Young advised that the census track from 1980 indicates that
in this area of Immokalee, the car ownership patterns are radically
different from other areas of Collier Gounty, noting that a high per-
centage of the households in this area have no automobiles at all, and
the next largest percentage has only one automobile. He disclosed
that this truly is a pedestrian area.
Mr. Young reported that Mr. Oss' survey intended to pinpoint spe-
cifically where these problems were occurring and what uses people
were requesting. He declared that each time Mr. 0ss denied an appli-
cant a permit due to the parking problems, this was indicated on a map
along with the type of use.
Mr. Young afffrmed that the spec~ffc criteria developed by staff is
the concept of the plan having two geographic zones. He indicated
that the first zone is referred to as the "Primary Zone" and includes
West Main Street and First Street, north and south of West Main. He
noted that the other zone is referred to as the "Secondary Zone". He
revealed that there are two different sets of parking standards for
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January 15, 1991
these two zones: there are many more exemptions for the "Primary
Zone"; and the "Secondary Zone" will have to provide a small amount of
parking in some cases.
With regard to existing uses in the "Primary Area", Mr. Young
divulged that uses in existence as of the effective date of this
ordinance are exempt from minimum parking requirements as set forth in
Section 8.23 except that existing parking spaces will remain. He
noted that the expansion of an existing use in the "Primary Zone"
shall require parking at 50~ of the minimum requirement as set forth
under Section 8.23. He cited an example of a store in the Primary
Area that wants to expand by an area of 500 square feet that would be
required to provide 50~ of the parking for 500 square feet of that
USe.
Mr. Young stated that a change in an existing use would be exempt
from the minimum parking requirements up to an intensity level of 1
per 100 square feet. He explained that any use that wants to change
to an existing use that requires more than 1 per 100, will have to
provide parking at 1 per 150. He disclosed that this is targeted spe-
clftcally at restaurants and bars in uses that are very Intense.
Mr. Young pointed out that uses in new buildings constructed after
the date of this ordinance shall be required to provide parking at 50%
of the minimum.
Mr. Young called attention to the "Secondary Area" and noted that
existing uses are the same as those of the "Primary Zone".
Mr. Young mentioned that expansion of any use in the "Secondary
Area" will require the addition to any existing parking, the minimum
number of spaces required.
Mr. Young indicated that a change of use in the "Secondary Area"
will be exempt from the minimum parking requirement up to the level of
1 per 100 square feet, and after that, parking shall be provided at
50~ of the minimum.
With respect to uses in new buildings, Mr. Young related that this
is 67~ of the minimum requirement as set forth in Section 8.23.
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January 15, 1991
Mr. Young called attention to Page 2, Item #3 of the ordinance
which reads: "In no way shall the provisions of the Immokalee Central
Business District (IGBD) be construed so as to prevent establishments
within the boundaries from taking advantage of off-site parking
arrangements as set forth in Section 8.12.d, or shared parking
arrangements as set forth in Section 8.12.f. Furthermore the maximum
distances as set forth in Section 8.12.d and 8.12.f shall be Increased
to 600 feet within the boundaries of the ICBD. Properties within the
boundaries of the ICBD entering into these arrangements with proper-
ties outside the District may still utilize the 600 foot rule".
Mr. YounG disclosed that there currently is no Section 8.12.f, as
referred to above. He noted that staff is working on this section of
the ordinance and will,be presented to the Commission on February 5,
19gl. He indicated that staff is currently making changes to Section
8.12.d and those will also be presented on February 5th.
Mr. Young advised that the Gollter County Planning Commission
recommended approval of the petition with a vote of 6/0, but cited
their concern that if the Commission does not concur with Sections
8.12.d and 8.12.f, they do, in fact, desire that the ICBD have those
provisions, regardless of whether the rest of the Gounty has those
provisions or not.
Commissioner Volpe questioned whether the second hearing relative
to this ordinance could be continued until after the shared parking
and off-site parking provisions are heard on February 6, to which Mr.
Young replied affirmatively.
Mr. Young Indicated that another option could be to provide that
language concerninG these specific sections be included in that part
of the Central Business District Section when it is presented for the
Unified Land Development Code.
Mr. Young affirmed that there are many people in the Immokalee
area that are waiting for a speedy resolution to these problems since
they are unable to obtain their permits.
There were no speakers.
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January 15, 1991
Co~issioner Saunders moved, seconded by Commissioner Shanahan and
carried unanimously, to close the public hearing and to utilize the
options of approving these amendments on January 29th and refer same
to the l~tnd Development Code.
*** Co~issioner Goodnight left the meeting at this time **'
Item #3D
PETITION NO. Z0-89-4, ROBERT L. DUANE OF HOLE, MONTES AND ASSOCIATES,
INC., REQUESTING AN AMENDMENT TO ORDINANCE 82-2, BY AMENDING VARIOUS
SECTIONS AND PARAGRAPHS RE HOTELS, MOTELS AND TIME SHARE FACILITIES -
SECOND PUBLIC HEARING TO BE HELD JANUARY 29r 1991
Legal notice having been published in the Naples Daily News on
January 7, 1991, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition No. Z0-89-4,
Robert Duane of Hole, Montes and Assoc., Inc., requesting an amendment
to Ordinance 82-2, by amending various Sections and Paragraphs
relating to hotels, motels and time share facilities.
Planner Bellows stated that the ob3ective of this petition is to
amend the Zoning Ordinance of the G-4 and C-5 Zoning Districts to per-
mit hotels, motels and time share facilities as a principal use w~thin
Activity Centers at 26 units per acre and as a provisional use outside
Activity Centers at 16 units per acre.
Mr. Bellows advised that the Growth Management Plan provides for
higher density development within Activity Centers since there are
appropriate locations for more intense uses such as commercial, insti-
tutional and high density residential. He noted that there is no
logical 3ustificatlon for requiring provisional uses for hotels,
motels and time share facilities w]thin Actfv~ty Centers. He
explained that Staff agrees with the Petitioner that these are
appropriate as permitted uses in Activity Centers.
There were no speakers.
Co~iesioner Saunders moved, seconded by Commissioner Hasse and
carried 4/0, to close the l~ublic hearing.
''$DelTuty Clerk Ouevin replaced Deputy Clerk Hoffman at this time '''
Item ~3E
PETITION NO. Z0-90-6, THE COMMUNITY DEVELOPMENT DIVISION, REPRESENTING
THE BOARD OF COUNTY COMMISSIONERS, REQUESTING AN ORDINANCE AMENDING
January 15, 1991
ORDINANCE 82-2 BY AMENDING SECTION 8, SUPPLEMENTARY DISTRICT
REGULATIONS, SUBSECTION 8.23, OFF-STREET PARKING - FINAL PUBLIC
R~ARING TO BE HELD ON 1/29/91
Legal notice having been published in the Naples Daily News on
January 7, 1991 as evidenced by Affidavit of Publication filed with
the Clerk, publlc hearing was opened to consider Petition No. ZO-90-6,
filed by Community Development Division, requesting an amendment to
Ordinance 82-2 by amending Section 8, Subsection 8.23.
Bill Hoover, Planning Services, explained this amendment will
update the land use classifications and the respective parking
requirements, add stacking requirements for drive-through facilities
and make necessary changes within the definitions created by this
amendment. He said numerous County parking problems are caused by
outdated land classifications and Incomplete, unclear or out-of-date
parking computations and no specific requirements for drive-through
businesses. He mentioned the CCPC is concerned that this amendment be
implemented in such a manner that a hardship is not created on SDP's
already in the review process. He said Staff recommends giving the
petitioner a choice of turning in the SDP by January 29th, which is
the final public hearing date for this amendment. In that way, he
said, the petitioner could receive final approval by Aprll 30th and if
he commences construction within one year after adoption of this
amendment, he would be granted an exemption.
Attorney Patrick Neale, representing the Shook Inn, commented that
his client was cited for having inadequate parking and has made
substantial improvements in an attempt to comply. He suggested as
part of this ordinance that the language for new restaurants remain
the way it is, however, conditional approval of a $DP be granted If it
can be shown by the applicant that the boat slips in question had
actually been used for parking on a regular basis for a period of
time.
Planner Hoover reported that since the definition of variance has
been changed to allow variances for parking, staff feels this type of
situation is a unique circumstance which should be considered under a
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January 15, 1991
variance petition.
Attorney Neale stated that having a variance procedure is a great
improvement, however, a more simplifled procedure that allows Staff to
give the approval instead of going through the expense and delay of a
variance procedure wtll be more efficient for everyone.
Attorney Bruce Anderson informed the Board that a recent study
performed by the International Marina Institute recommends one car
parking space for every two boat slips for facilities, including those
with restaurants or other facilities besides boat slips. He said
Staff has included that recommendation in the draft ordinance for
marinas only, but not for those instances where there are other acti-
vittes in conjunction with marinas.
Commissioner Hasse asked Mr. Anderson to provide the Board of
County Commissioners with a copy of the referred to study.
Co~miasioner Saunders moved, seconded by Commissioner Shanahan and
carried 4/0, to close the public hearing.
It was noted that the second public hearing for Petition Z0-90-6
will be held on January 29, 1991.
There being no further business for the Good of the County, the
- 30 P.~' '
meeting was adjourned by Order of the Chair Time: 6: ',%% ~.~,~
BOARD OF COUNTY COMM~SSIONERS"..,'~/', .;...
BOARD OF ZONING APPE~LS/-EX
OFFICIO GOVERNING BOaRD(S) OF '. -'
SPECIAL DISTRICTS U~DER' ITS '
CONTROL ~ :
ATTEST:
JAMES C. GILES, CLERK
PAtRiCIA ANNE GOODNIGHT, CHAPMAN
These minutes app.D~ved by the Board
as presented ~ or as corrected
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