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CCPC Minutes 05/16/2002 RMay 16, 2002 Collier County Planning Commission County Commission Boardroom Building "F", 3~d Floor 3301 Tamiami Trail Naples, FL 34112 MINUTES May 16, 2002 8:30 AM PLEDGE OF ALLEGIANCE ATTENDANCE: County Planning Commission: Frank Fry, Paul Midney, Lindy Adelstein, Russell A. Budd, Kenneth L. Abernathy, Lora Jean Young, Dwight Richardson, David J. Wolfley, and Mark Strain. Staff: Raymond Bellows, Marjorie Student, Jane Eichhom, Greg Garcia, and Joe Schmitt. ADDENDUM TO AGENDA: Mark Strain added that April 4, 2002 minutes would need to be approved. Ray Bellows 5:05 PM meeting on June 10, 2002; no meeting on June 7. June 6, 2002 will address Growth Management Plan; Amendment for concurrency issue (GMP piece to support LDC change); Temporary Moratorium (.3 segments of the road); Rural Fringe Adoption. Rural Lands on May 24, 2002. EAC hears Rural Lands May 22, 2002 at 5:05 PM (need to clarify). APPROVAL OF MINUTES April 4, 2002 minutes were Mark Strain motioned to approve. Lindy Adelstein seconded the motion. All approved. PLANNING COMMISSION ABSENCES Russell Budd could not attend on May 24, 2002. Confirming future meetings: June 6, 2002, 8:30 AM; June 10, 2002, 5:05 PM; and the next meeting is June 20, 2002, 8:30 AM. BCC Report: Recap of April 23, 2002; Variance for Dr. Caston - Denied the additional 2 foot, but approved the 25 year 2 foot encroachment. CHAIRMAN'S Report: Commission approved on May 14, 2002, three more additional positions to the staff(two planners and one architect). ADVERTISED PUBLIC HEARINGS: CU-2000-22, William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing Bill Rousseau, Richard Yahl, Jean Yahl, and Teresa Yahl-Fillmore, requesting Conditional Use "2" of the "A" zoning district for mulching and recycling facility. All those testifying in this matter were asked to rise, raising their right hand, and be sworn in. At that time they were sworn in. Ray Bellows explained that they are proposing an expansion to the south. They want to add 12 acres to the southern southwest portion of the site. Mulching operation deals with horticultural debris that is brought to the site that is mulched and stockpiled that can be removed from the site. Bigger logs and branches are stockpiled until they call be hauled off site. They do not want to change the nature of the operation but need to add acreage. The area to be added is in the south area and provides a buffer to the east and west Page 1 May 16, 2002 and 1-75 to the south. The site is located in the rural agricultural area of the county. The area allows for agricultural activities and similar type of mulching and sawmill operations. This area is subject to the final order issued by the governor and his cabinet proposed uses are exempt from the prohibition of certain uses in the final order. The proposed conditional use for the expansion area would not be consistent with the assessment base of GMC amendments for the rural fringe area as approved by the BCC on March 4, 2002, or transmittal to the Florida Department of Community Affairs. Staff is only reviewing for consistency the ordinance that is in effect currently and at the present time it is consistent with Future Land Use Element and GMC and staff is recommending approval based on that consistency. Traffic impact review indicates it will result in 10 - 15 trips to and from site on a weekday. No significant impact on the roadway. EAC recommended approval 7-0 vote was made on May 1, 2002. No letters or complaints for this approval. Dave Wolfley had a question about the preserve area of wetland. Does it affect anything? According to Ray Bellows no problems. No recycling in that area. Mark Strain wanted to know what are the inconsistencies for that area. Marjorie Student asked when is this due to go to the board of zoning appeals. It will go on May 25, 2002. According to Marjorie it will go before the amendments are effective. They've just been transmitted now and DCA, after we adopt them, will take 76 days after that to be effective. Mark Strain asked if it would fit in the new plan. According to Ray Bellows he was not aware if it did. Dwight Richardson asked if this was part of the Rural Fringe and Ray Bellows said that it was Rural Fringe. Kenneth Abemathy wanted to know the larger road that these tracks would travel. Ray said it would be Whitelake Industrial. Bill Hoover said they would take the same route as when going to Landfill Road. You will mm left on to Landfill Road and when you get to the end of Landfill Road you keep going east one-quarter of a mile and you will see a communication tower on your left the mulching would be straight ahead. It is on the Southwest comer of the property. If this weren't being done it would end up in the landfill and fill up the landfill. They are adding 12 acres to this site, but only asking to increase intensity by 25 percent. Question about item number 3 on page 6. On the west side of the site we would like it to say 50 feet of the line because of the cellular tower. Everything else would be 150 feet. Mark Strain wanted the language to be as restrictive as possible and to leave it as the west boundary. Joe Schnfitt wanted to clarify where the tub grinder would be. Bill Hoover said the tub grinder would stay in the recycling areas, but on the west side it would stay 50 feet of the west property line. Joe Schmitt said they were concerned about the debris. Bill Hoover said they could go to 75 feet of the west property line if needed. Frank Fry asked if there would be any other development at the cellular site. According to Bill Hoover, he didn't think there would be. David Wolfley asked about item number 4 on page 6 regarding the height of the piles. He wanted to know when were they going to go down from 20 - 30 feet to 10 feet. According to Bill Hoover, they need more lateral room. Also, David Wolfley asked if there had been any complaints about noise. Bill Hoover said there had been letters from four of five neighbors supporting the petition. The county asked that the road be graded once a week. Mr. Yahl went ahead and paved the road for the neighbors. Lindy Adelstein wanted to know what extent of use of wetland are we talking about. What percentage are we going to disturb the wetlands? Michael Ramsey the Environmental Consultant for this project said that the applicant has agreed to preserve over one-half of the area. They will clear 5.2 acres and restore 3.0 and have a net impact of 2.9. Kenneth Abernathy asked about page 7, item number 15, wanted to know what construction are you talking about. Michael Ramsey said the recycling area would have to have a dike. Jeff Davidson, Engineer, said that they are going to grade and clear area into a recycling area. The next phase would include a parking area and handicap spaces. Mr. Davidson was sworn in. Dwight Richardson wanted to know if this would work commercially for them. Dwight Richardson wondered if they needed to give them more height. Bill Hoover suggested that maybe around the tower the height could be 15 feet and the rest 10 feet. Ray Bellows agreed that he had no problem with this. When it is close to the road keep it at 10 feet and 15 feet for the rest. Ray Bellows said that the tub grinder would need to be 50 feet from tower and 100 feet from the road. Kenneth Abemathy suggested that staff and the applicant work out the numbers within the framework that the CCPC has been discussing. There are no public speakers. Page 2 May 16, 2002 Russell Budd made a motion to approve to send to Board of Zoning Appeals with the condition that the petitioner will work with staff on the numbers and all staff conditions on page 5 and 6. Lindy Adelstein seconded the motion. Approval was unanimous. Saddlebrook Village PUD-Amendment to Existing Affordable Housing Density Bonus Agreement Marjorie Student advised that people are sworn in. Kenneth Abemathy proceeded to swear in people testifying on this matter. Mark Strain gave disclosure of research on this project Marty Linder and Marjorie Student regarding a similar situation. Cormac Giblin, spoke about the Amendment to Affordable Housing in 1991, 1997, and 2002. The developer has requested to amend to reflect his ownership and in remm for rtmning through this process additionally agreed to amend the project in terms of affordability. The Saddlebrook Village project is just off of Radio Road. Phase I has an existing 140 units. Phase II is planned for the rear of the property near 1-75. The 2002 amendment is held to 13 percent at the unrestricted rate. This agreement will not change any densities or intensities on the property just reflecting the new developer and making it more affordable for units. Mark Strain said this seems to meet the intent of what he read in 1997. On page 11 of agreement Mark Strain said there was one typographical error. It says 140 units per acre. It needs to be changed to 14.9 units per acre for Phase II per Cormac Giblin. Dwight Richardson and Joe Schmitt discussed the problem of traffic impacts. Saddlebrook Village is in the area of the announced moratorium of Davis Road. The access road is Saddlebrook Road, which is off of Radio Road. Adoption of moratorium on June 11, 2002. Applicant is still going through the SBP approval process and probably will not have approval until the end of June and there is some question on the certificate of adequate public facilities the issuing of a COA. There is an issue to be addressed with transportation. It is still being decided if a TIS will need to be done. Proposal of being prohibited of making a left-hand turn onto Davis Road is being discussed. Marjorie Student clarified that the moratorium that is being discussed is to allow us time to do the Comp Plan Amendment and the checkbook system. Gregory Garcia talked about the traffic analysis being review. No determinations at this time because they are waiting on the board to decide on the checkbook principal. Right turn only coming out of the site and goes past the Circle K to the first point of a possible U-turn movement. David Wolfley asked what the possibility of fixing the intersection might be. Greg Garcia answered that the problem is that it is a FDOT roadway and the plans and monies so far have only been for right-of-way and studies. Kenneth Abernathy asked which moratoria come through the planning commission and which ones don't. Marjorie Student said that any moratorium should come before this body. Joe Schmitt said the Whippoorwill moratorium will come before this body, but it was withdrawn from the agenda because of the confusion. Joe Schmitt said that moratoriums do come before the planning commission and that's part of the issue with the June 6, 2002 meeting. Core, ac Giblin wanted to clarify that Saddlebrook is not adding units. It is just changing the name and asking for approval of that developer. Kenneth Abemathy asked who are the principals of Creative Choice Homes XIV. Cormac Giblin answered that John F. Weir was a general parmer. Paul Midney asked why there was an incentive or a need just because of change in owners to make the project more affordable to make it more palatable to the government. Cormac Giblin said that it was at the request of the former housing director that we would initiate this amendment but realizing that the commission does want to have more affordable units the developer was amiable to that. They could have left it the way it was. Lindy Adelstein asked about Page 7 number 14. These units have to be affordable housing for 15 years through the county and 50 years through the government. Bruce Anderson represents the owner. He said that the reason for the requirement to come back before CCPC was because 1997 amendment of the original developer had a contract on Phase I and Phase II and there was a question on whether the developer would close on both phases so if he didn't close on Phase II the developer would have to come back on Phase II. The new developer has a land use restriction document that has to be recorded at the time of closing with the Florida Housing Finance Corporation which imposes a 50 year restriction on this being affordable housing. Mr. Anderson also had certified mail receipts to give to Mr. Giblin. Page 3 May 16, 2002 Deborah Flerrfing, represents the applicant, stated that Florida Housing Finance Corporation is funding tax- exempt bonds on this property for $12 million. The overall economic impact on Collier County is $25 million. One man, Dillop Barrett from Palm Beach County, Florida, holds the ownership. There are restrictions to paying off the bond mortgages, but the land use restriction agreement that will be recorded on the property will be in place for 50 years and the Florida Housing Finance Corporation has to make sure that on a yearly basis that they are affordable and in good, safe, decent condition. No registered speakers. Russell Budd made a motion that we forward the Affordable Housing Density Bonus Agreement to the BCC with recommendation of approval. Lindy Adelstein seconded the motion. Unanimous approval. OLD BUSINESS: Dwight Richard requested and update on the search for Hearing Examiner from Lindy Adelstein. Mr. Adelstein said information has gone out to the public that they are seeking an applicant and setting criteria for the applicant. The applicant has to be an attorney and has to have a Florida license within one year. Lindy Adelstein feels this is restrictive. He feels this position could be resolved by July. NEW BUSINESS: Joe Schrnitt said we might bleed into June 7, 2002 if we don't get through Rural Fringe piece, GMP, Moratorium from the June 6, 2002 meeting. Meeting is scheduled for June 10, 2002, for the Land Use items. Packets are being assembled today and delivered tomorrow for Rural Lands piece. Marjorie Student said that the EAC meeting is at 5:05 PM on May 22, 2002. PUBLIC COMMENT ITEMS: None. DISCUSSION OF ADDENDA: None. ADJOURNMENT: Lindy Adelstein made a motion to adjourn and Dwight Richardson seconded - Time I0:00 a.m. Page 4