City of Marco Island - Regular Meeting - March 17, 2003

THE CITY OF MARCO ISLAND

City Council Meeting March 17, 2003 6:10 p.m.

Chairman Minozzi called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Richard Yovanovich, City Attorney

Greg Niles, Community Development Director

Bill Harrison, Finance Director

Ladd Ryziw, Public Works Director

Dana Souza, Recreation Coordinator

Laura Litzan, City Clerk

Bryan Milk, City Planner

Other interested citizens and visitors

PLEDGE OF ALLEGIANCE

By: Michael F. Minozzi, Council Chairman

APPROVAL OF AGENDA

MOTION by Councilwoman Kelber to APPROVE THE AGENDA, AMENDED TO REMOVE ITEM M. Second by Councilwoman DiSciullo. Motion carried 7-0.

(H) ORDINANCE First Reading Small Scale Comprehensive Plan Amendment SSCPA-03-02, Eastern 300 Feet of Tract C, Unit 17 (Morans Barge Marina) From “Preservation/Conservation” to “Community Commercial.”.

(Editorial History: At the direction of City Council, staff has initiated a small scale comprehensive plan amendment for the subject property to change the future land use map designation from “Preservation/Conservation” To “Community Commercial” due to allegations of erroneous zoning. The Planning Board considered this petition at a public hearing on February 21, 2003, and voted 4-1, with 1 abstention, to recommend denial of the petition.)

City of Marco Island

City Council Minutes for March 17, 2003 (6:00 p.m. meeting)

Mr. Moss read, by title only, an Ordinance Granting a Small Scale Comprehensive Plan Amendment SSCPA-03-02, Eastern 300 Feet of Tract C, Unit 17 (Morans Barge Marina) from “Preservation/Conservation” to “Community Commercial.”

Representing the petitioner, Attorney William G. Morris reviewed the petition and responded to Councils questions. The petitioner, Mr. Tom Lydon, advised Council that he believed the entire parcel was zoned C-4 when he purchased it and provided Council with a summary of his efforts to develop the property.

Citizens speaking in favor of the amendment:

Mr. Louis Thibeault, 1850 S. Inlet Drive

Mr. Tom Cowles, 639 E. Palm Street, Goodland

Ms. Vickie Wood, 415 Mango Avenue, Goodland

Mr. Jim Haynes, 212 Windbrook Court

Mr. Roy Birkeland, 201 Vintage Bay Drive

Mr. Robert Knowles, 4000 Royal Marco Way

Mr. George Boyle, 938 Joy Circle

Mr. Traugott Schmidt, 611 E. Palm Avenue, Goodland

Mr. Dick Shanahan, 427 Barcelona Court

Mr. Vince Magee, 165 Kirkwood Street

Citizens speaking in opposition to the amendment:

Ms. Connie Fullmer, representing the Goodland Civic Association

Mr. Mike Barbush, representing the Goodland Civic Association

Ms. Vivian Ellis, representing the Marco Island Civic Association

Mr. Matt Delahassey, representing the Conservancy of Southwest Florida

MOTION by Vice-Chair Tucker to ADOPT ON FIRST READING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR PETITION SSCPA-03-0 (FOR THE ENTIRE 0.54 ACRE). Second by Councilman Boyce. Motion carried 5-2. (Councilwoman Kelber and Chairman Minozzi opposed.)

(I) ORDINANCE First Reading Petition R-02-02, William G. Morris as agent for Morans Barge Marina, is Requesting a Rezone From A-ST to C-4, Companion to Petition SSCPA-03-02.

(Editorial History: William G. Morris, agent for Morans Barge Marina seeks to rezone .54 acres of “A-ST” (rural agricultural) to “C-4” (general commercial) for the purposes of providing additional density and vehicular parking for development of a new condominium/hotel project located adjacent to the foot of the Goodland Bridge.)

City of Marco Island

City Council Minutes for March 17, 2003 (6:00 p.m. meeting)

Mr. Moss read, by title only, the Ordinance relating to Petition R-02-02 requesting a rezone from A-ST to C-4 (companion to Petition SSCPA 03-02). Each Council member made their ex-parte disclosure. All witnesses were sworn in by the City Clerk.

Ms. Connie Fullmer, representing the Goodland Civic Association, expressed her concern regarding the density of the zoning request.

Ms. Linda Van Meter, 683 Palm Avenue, Goodland, spoke in opposition to the petition.

MOTION by Vice-Chair Tucker to ADOPT ON FIRST READING THE ORDINANCE RELATING TO PETITION R-02-02, REZONING 0.54 ACRE FROM A-ST TO C-4, SUBJECT TO A CONSERVATION EASEMENT AS OFFERED BY THE PETITIONER. Second by Councilman Boyce. Motion carried 5-2. (Chairman Minozzi and Councilwoman Kelber opposed.)

MOTION by Councilwoman DiSciullo to SUSPEND THE 9:00 P.M. RULE. Second by Councilwoman Kelber. Motion carried 7-0.

(J) ORDINANCE/DISCUSSION First Reading Amendment to the Conditional Use Section of the CF (Community Facility) Zoning District Standards to Add the Ability to Exceed the 30-Foot Maximum Height for Certain Care Housing Facilities, Subject to Addition Review Criteria.

(Editorial History: At the direction of City Council, staff developed an ordinance to amend the conditional use section of the CF (community facility) zoning district standards (Sec. 30-324), to allow certain care housing facilities to exceed the maximum building height of 30 feet, subject to additional review criteria. At its March 7, 2003 meeting, the Planning Board voted 4-2 to recommend the ordinance for approval.)

Mr. Moss read, by title only, the Ordinance to Amend the Conditional Use Section of the CF (Community Facility) Zoning District Standards to Add the Ability to Exceed the 30-Foot Maximum Height for Certain Care Housing Facilities, Subject to Addition Review Criteria.

Councilman Boyce explained that his employment with the petitioner represents a conflict and he will not vote on this matter.

Representing the petitioner, Mr. Ron Nino advised Council that the entire development will be subject to state oversight and that all facilities will be licensed. The petitioner, Mr. Ed Cleland, explained how the proposed assisted living facility will function, its amenities and services.

City of Marco Island

City Council Minutes for March 17, 2003 (6:00 p.m. meeting)

MOTION by Vice-Chair Tucker to ADOPT ON FIRST READING THE ORDINANCE TO AMEND THE CONDITIONAL USE SECTION (30-324 (10)B) OF THE CF (COMMUNITY FACILITY) ZONING DISTRICT STANDARDS, AMENDED TO MODIFY SUBSECTION 30-324 (10)B TO READ:

THE MINIMUM NUMBER OF ASSISTED AND/OR SKILLED NURSING UNITS TO INDEPENDENT UNITS WITHIN A PROJECT SHALL NOT BE LESS THAN A RATIO OF 1:5. IN ADDITION TO ANY REQUIRED STATE LICENSE APPLICATIONS(S), THERE SHALL BE SUFFICIENT DOCUMENTATION OF SERVICES TO BE PROVIDED AT THE FACILITY TO DEMONSTRATE A COMMITMENT TO “AGING IN PLACE” AS DEFINED IN 400.402 F.S., AND THAT THE PHYSICAL LOCATION(S) OF WHERE SUCH SERVICES WILL BE RENDERED OR SUPPORTED SHALL BE SHOWN ON REQUIRED SITE PLANS.

Second by Councilman Arceri. Motion carried 6-0. (Councilman Boyce abstained.)

(K) ORDINANCE First Reading Small Scale Comprehensive Plan Amendment SSCPA-03-01, Tract “L”, MB Unit 5, From “Low Density Residential” to “Community Commercia,l” Approximately 0.38 Acre.

(Editorial History: Margot Knauerhase of ERA Real Estate, representing Gottfreid and Thelka Zielke, is requesting a small scale comprehensive plan amendment to change the future land use map designation for property located at the southeast intersection of South Barfield Drive and Hawaii Circle. At its meeting of January 31, 2003, the Planning Board voted 5-0, with 1 abstention, to recommend approval of petition.)

Mr. Moss read, by title only, the Ordinance Granting the Small Scale Comprehensive Plan amendment for Petition SSCPA-03-01. There was no public comment.

MOTION by Vice-Chair Tucker to ADOPT ON FIRST READING THE ORDINANCE GRANTING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR PETITION SSCPA-03-01. Second by Councilman Boyce. Motion carried 7-0.

(L) ORDINANCE First Reading Rezoning From RSF-3 to C-1/T, Petition R-03-01, companion to Petition SSCPA-03-01.

(Editorial History: Margot Knauerhase of ERA Real Estate, representing Gottfied and Thelka Zielke is requesting a rezone from “RSF-3” (single family residential) to “C-1/T” (transitional commercial), for property located at the southeast intersection of South Barfield Drive and Hawaii Circle. At its meeting of January 31, 2003, the Planning Board voted 5-0, with 1 abstention, to recommend approval of this petition)

City of Marco Island

City Council Minutes for March 17, 2003 (6:00 p.m. meeting)

Mr. Moss read, by title only, the Ordinance Granting the Rezoning From RSF-3 to C-1T, Petition R-03-01, Companion to Petition SSCPA-03-01. There was no public comment.

MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE RELATING TO PETITION R-03-01, REZONING THE PROPERTY FROM RSF-3 TO C-1T. Second by Vice-Chair Tucker. Motion carried 7-0.

(M) DISCUSSION Reconsideration of Petition V-03-01, Requesting a 2.5 Foot Variance from the Required 18-Foot From Yard Depth Requirement for a Single-Family House Located at 1472 Butterfield Court, Marco Island.

This item removed from the agenda prior to the meeting.

There was no public comment.

There being no further business to come before City Council, the meeting adjourned at 9:13 p.m.

____________________________________

Michael F. Minozzi, Council Chairman

Date: ------______________

Laura Litzan, City Clerk

Susan Patton, Council Secretary