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Agenda 01/26/2016 Item # 9A 1/26/2016 9.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution providing for the establishment of a Conditional Use to allow a church within an Estates (E) zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for a 4.05± acre property located on the south side of Pine Ridge Road (C.R. 896), one- quarter mile east of Interstate 75,in Section 17,Township 49 South,Range 26 East,Collier County, Florida [Petition CU-PL20140000543]. OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests Conditional Use Number 1 of the Estates (E) Zoning District, as provided in Section 2.03.01.B.1.c of the Collier County Land Development Code (LDC),to permit a church on 4.05± acres. The proposed Summit Church will have a worship hall, administrative offices and auxiliary uses that will be housed in a 19,000 square-foot structure. The hall will seat 400 people. The subject property has frontage on both Pine Ridge Road and Napa Woods Way. There are Estates-zoned single family homes to the east and south, and a C-1 zoned medical office to the west. This petition was originally submitted with access from Napa Woods Way only, a road on which many single family homes are located. At the Neighborhood Information Meeting (NIM), many neighbors expressed opposition, based on the traffic issues a church would cause. After the NIM,the Applicant resubmitted the petition with the only access being from Pine Ridge Road. Neighbors also expressed opposition to the petition at the CCPC meeting based on the previous rezoning of the property immediately to the west of the subject site from E to C-1. At the meeting of January 13, 1998,the Board of County Commissioners (BCC)discussed the inclusion of the site (commonly referred to as the "Pena property") into the Interstate Activity Center and its rezoning from E to commercial C-1 (medical only). During the meeting (transcript attached) there was a discussion that the Pena property would be the last commercial use as a transition to the abutting Estates zoning. Some neighbors believe that the Pena property transitional use disqualifies the subject site for use as a church, which would also be a transitional use to the abutting properties zoned E to the east. It is the opinion of Comprehensive Planning Staff and Zoning Staff that a church is a Conditional Use of the Estates zoning district, not a commercial use and the conditional use may be granted if all applicable criteria under the LDC and GMP are satisfied. In addition, the site qualifies as a Transitional Conditional Use site under the Golden Gate Area Master Plan(GGAMP). FISCAL IMPACT: Approval of the Conditional Use, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development. Packet Page-11- 1/26/2016 9.A. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Estates Mixed Use District, Residential Estates Subdistrict, as identified on the Golden Gate Area Master Plan Future Land Use Map, and subject to the criteria set forth in the Conditional Uses Subdistrict, "Transitional Conditional Uses". A more detailed description of the GMP consistency is contained in the Staff Report. Comprehensive Planning staff finds this petition to be consistent with the Golden Gate Area Master Plan of the Growth Management Plan. Transportation Element: The proposed conditional use will generate approximately 5 PM peak hour, peak direction trips on the immediately adjacent link, Pine Ridge Road. Pine Ridge Road is a six-lane divided facility and has a current service volume of 2,001 trips, with a remaining capacity of approximately 799 trips between I-75 and Logan Boulevard; and is currently at LOS "C" as shown in the 2014 AUIR. The proposed project does not significantly impact adjacent roadway links. Transportation Planning staff finds this petition to be consistent with the Transportation Element of the Growth Management Plan. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard the petition on September 17, 2015. Many neighbors spoke in opposition (transcript attached) and the CCPC discussed recommendations they believed would increase compatibility. The Applicant requested a continuance to consider the recommendations. The CCPC heard the continued petition on November 5, 2015 (transcript attached). The applicant agreed to reduce the maximum square-footage of the building (from 30,000 square feet to 19,000 square feet), add prohibited uses, increase setbacks, use construction materials which would increase soundproofing, limit lighting, add supplemental plantings, and limit the architecture to Mediterranean-style, utilizing earth tones and a tile roof. A motion was made by Commissioner Solis to recommend approval with Staff conditions, as well as conditions presented by the Applicant (please see Exhibit C of the Resolution). Commissioner Chrzanowski seconded the motion, and it was approved by a 4 — 1 vote (Commissioner Roman in opposition). LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use to allow a church within an Estates zoning district pursuant to Packet Page-12- 1/26/2016 9.A. Section 2.03.01.B.1.c.1 of the Collier County Land Development Code. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff,to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (SAS) RECOMMENDATION: Zoning staff recommends that the Board of Zoning Appeals approve the request for CU-PL20140000543, Summit Church, subject to the staff conditions of approval as well as conditions presented by the Applicant and the findings and recommendation of the CCPC as identified in Exhibit C of the attached Resolution. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division, Growth Management Department Attachments: 1) Resolution 2) Staff Report 3) BCC Transcript 1-13-98 http://www.collier2ov.net/ftp/2016BCCMeetings/AgendaJan2616/GrowthMg mt/BCC Transcript 1-13-98.pdf 4) CCPC Transcript 9-17-15 5) CCPC Transcript 11-15-15 6) Application & Correspondence http://www.colliervv.n et/ftp/2016BCCMeetin2s/A2endaJan26I 6/GrowthMg mt/Application and Correspondence.pdf 7) Legal ad Packet Page-13- 1/26/2016 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution providing for the establishment of a Conditional Use to allow a church within an Estates (E) zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for a 4.05±acre property located on the south side of Pine Ridge Road (C.R. 896), one-quarter mile east of Interstate 75, in Section 17,Township 49 South, Range 26 East, Collier County, Florida [Petition CU-PL20140000543). Meeting Date: 1/26/2016 Prepared By Name: ReischlFred Title:Planner,Principal,Zoning 12/30/2015 10:37:42 AM Approved By Name: BosiMichael Title: Division Director-Planning and Zoning,Zoning Date: 1/5/2016 11:30:20 AM Name: BellowsRay Title:Manager-Planning,Zoning Date: 1/5/2016 1:54:30 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 1/5/2016 3:08:39 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 1/5/2016 3:09:47 PM Name: StoneScott Title:Assistant County Attorney,CAO Land Use/Transportation Packet Page-14- 1/26/2016 9.A. Date: 1/5/2016 5:23:02 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 1/6/2016 8:51:25 AM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 1/7/2016 11:22:50 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/15/2016 10:3 5:3 9 AM Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 1/15/2016 2:56:17 PM Packet Page-15- 1/26/2016 9.A. RESOLUTION NO. 16 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH WITHIN AN ESTATES (E) ZONING DISTRICT PURSUANT TO SUBSECTION 20301.B.1.c.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 4.05± ACRE PROPERTY LOCATED ON; THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896), ONE QUARTER MILE EAST OF INTERSTATE 75, IN SECTION 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.(PETITION CU-PL20140000543) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246,Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a Church within an Estates (E) Zoning District pursuant to Subsection 2.03.01.B.1.c.1 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20140000543 filed by Tim Hancock, AICP, of Stantec Consulting Services, Inc., representing The Summit Church, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a church within an Estates (E) Zoning District pursuant to Subsection 2.03.01.B.1.c.1 of the Summit Church, CU-PL20140000543 rev. 1/4/16 1 Packet Page-16- 1/26/2016 9.A. Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B and subject to the conditions found in Exhibit"C". Exhibits"A", "B", and C are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this day of , 2016.. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , Chairperson Approved as to form and legality: t khilte Scott A. Stone Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval Summit Church, CU-PL20140000543 rev. 1/4/16 2 Packet Page-17- INSTR 5097107 OR 5130 PG 3880 RECORDED 3/20/2015 8:32 AM PAGES 2 1/26/2016 9.A. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $1,539.30 REC 518.50 CONS $219,900.00 Exhibit A Prepared by: Jamie Evans Legal Assistant Sam J Sand III,PA 2670 Airport Road South Naples,FL 34112 239-963-1635 File Number: 4117 6811 Will Call No.: Consideration:S219,900.00 Parcel Identification No 38334120000 Prepared without Opinion of Title. [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02.F.S.) This Indenture made this 26th day of Feb av,.' ,` .,tC tn' T Holdings,LLC,a Florida Limited Liability Company whose post office ad "ass . 90 Golden t ,akway,Suite 106,Naples,FL 34105 of the County of Collier,State of Flori 'a ' 'ntor*,and The Summ Ch rch,Inc.,a Florida not for profit corporation ,whose post office addriss is stet-Pa kjGomm s vd,Suite 9,Estero,FL 33928 of the County of Lee,State of Florida,grantee* ,�\ f i G Witnesseth that said grantor, for and it coiistde thin mf t 'rta-of 4 AND O/100 DOLLARS (510.00)and other good and valuable considerations to said gctor• :ttt • ,by id • • tre to eipt whereof is hereby acknowledged, has granted,bargained, and sold to tl c's i grantee,and grantee'sabeirs and a j i forever,the following described land, situate,lying and being in Collier Coq # Florida,to-wit: ) -, / All of Tract 42, GOLDENvG ' ESTATES U II 1 . 33, according to the plat thereof as recorded in Plat k_ • . s ; Records of Collier County, Florida,less and except the Nort I ftittz i�>.---= Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida,nor is it contiguous to or a part of homestead property. Subject To:easements,restriction and reservations of record common to the subdivision,applicable zoning ordinances and taxes accruing subsequent to December 31,2015. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. DoubleTimee /,:, Packet Page-18- cr 1/26/2016 9.A. 444, '1,1- ,, 9ALI3S3eid 2119-NO/M !:opaprotr t °party,.y ,---- i I tool PYty WIIII, 1 oh,...,,,,,,I 1.,,,,,,,,,,,,0,.,,t,,,3,„,,,:, ,t Nrld ILIS1VIILd30N00 ;i ,..,.............. : ,- fi'In/SViti)OMINII2II 11122/Lid MO/,I ZI,6,.. 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Exhibit C Conditions of Approval Summit Church Conditional Use CU-PL20140000543 1. There shall be no access to the subject site (vehicular or pedestrian) from Napa Woods Way. Access from Pine Ridge Road shall be right-in, right-out only. 2. There shall be no interconnection or access (vehicular or pedestrian) between the subject site and the adjacent parcel to the west. 3. A wall, pursuant to LDC Section 5.03.02.H, shall be constructed within the eastern landscape buffer, from the front setback line of Pine Ridge Road to the front setback line of Napa Woods Way. 4. The property owner shall coordinate with Collier Area Transit Staff to relocate an existing bus stop presently located in front of the subject site to accommodate the construction of a turn lane required for site access. 5. For church services and other events generating significant traffic, the property owner shall provide traffic control by law enforcement or law enforcement approved service provider, when warranted, as directed by Collier County Transportation Staff. 6. At the time of Site Development Plan, the property owner shall provide compensating right-of-way to Collier County for the turn lane needed for site access. 7. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 8. All other applicable state or federal permits be obtained before commencement of the development. The following conditions were presented by the Applicant and accepted by the Planning Commission at the November 5, 2015 meeting: 1. The maximum floor area and size of the church shall not exceed 19,000 square feet, as depicted on the Exhibit B Conceptual Site Plan. 2. The following uses are prohibited on the subject site:rehabilitation or recovery operations, school, day care,playground, outdoor recreational equipment, flea market, and outdoor amplified music. 3. The building shall be setback a minimum of 110 feet from Napa Woods Way, and a minimum of 75 feet from the east property line. All other setbacks shall meet minimum standards for Estates zoning. 4. The building shall be constructed with materials designed to provide sound dampening in order to avoid sound from inside the church being heard outside the church. [14-CPS-01372/1221934/1] 11/9/15 Packet Page-20- *� 1126120169.A. 5. Exits to the south facade of the building shall be limited to those required by fire code. The primary entrance shall be on the north facade of the building, and all doors and windows shall be closed during services,performances,and music practice. 6. All lighting on the subject site shall be limited to 15 feet in height and will utilize flat panel (or similar) fixtures and shielding to avoid light spill onto neighboring parcels. Lighting located to the south and east of the building shall be limited to security lighting and shall be aimed downward. "Wall-pack" lights on the east and south sides of the building are prohibited. 7. The facilities will be utilized by only one church; leasing the facilities to another church is prohibited. 8. The on-site preserve shall be a minimum of 45 feet in width, and shall be located on the south side of the subject property as depicted on the Exhibit B Conceptual Site Plan. Exotic vegetation within the preserve shall be hand-cleared. Eighty percent opacity of the preserve at 8 feet in height within one year of planting is required. In order to achieve that opacity, the preserve shall be planted with supplemental plantings chosen from the following: wax myrtle, silver buttonwood, green buttonwood, sabal palms, and/or live oaks. 9. The water management area south of the building shall be a minimum width of 45 feet and shall be planted with a staggered row of 10 bald cypress trees, 12 feet in height at planting. 10. The architectural style of the building shall be Mediterranean, utilizing earth tone colors and a tile roof. 114-CPS-01372/1221934/1) 11/9/15 Packet Page-21- AGENDA ITE._1/26/2016 9.A. Coltrer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 17,2015 SUBJECT: CU-PL20140000543 SUMMIT CHURCH CONDITIONAL USE PROPERTY OWNER/AGENT: Owner/Applicant: Agent The Summit Church, Inc Tim Hancock,AICP 9210 Estero Commons Boulevard,Suite 9 Stantec Estero,FL 33928 3200 Bailey Lane, Suite 200 Naples,FL 34105 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use Number 1 of the Estates (E) Zoning District, as provided in Section 2.03.01.B.1.c of the Collier County Land Development Code(LDC),to permit a church on 4.05± acres. GEOGRAPHIC LOCATION: The subject parcel is located on the south side of Pine Ridge Road (CR-896) one-quarter mile east of Interstate 75 in Section 17, Township 49 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 400-seat,30,000 square-foot church. The conceptual Site Plan(as depicted on Sheet 1 of the Site Plan) indicates ingress/egress from Pine Ridge Road, buffering, water management and a preserve, which may be relocated off-site (as depicted on Sheet 2 of the Site Plan). CU-PL20140000543 Summit Church Conditional Use Page 1 of 11 September 17,2015 Packet Page-22- 1/26/20169.A. P w Lit tom,, ■■ it0, . . , . • rV Freer �® ©21{51©! I 4t14***)40.„,,A,� s�! 22 yy 44,4„--41:44,1", 000 Qr�i k- o It g Fc i44 eda 1 co 7 ° W . . co . , i If I ''I i i SWAMIS a i:i::i:�;:i j i� dir iii;ij iiiilti:iy:ji s ~ II . ■ Z m s — Z A "I I q R*e". / y O per, a p q �. sc l P ° P a w t a Ogg' t • • q d r o' N ■ f J dmos w to1011 D U -ITI i .--� awunnos a3mo 1 MVO ' m - it A V in 310011117100VS a. $ _ 6 K 1 I ©� U L Z agx Wp� o'n �1 m aria \s ° 11 ii g ni a. L �� 5 d q � - ta /pia Q h 1 10 - M avvnalnos � > ... women i visas. f? , p z gal m 11. II _$g m :" g R a i illSj2 "sr-31r1.a31aI S se•Btrieaaitu a J _ g oI � 1 li 1 m 4 11 '21 i'IItI . 1 p id i �� :, o 0 Y ti'--------itt I p i I1 • i ii : 1 I 1 . .h gig 11 - 1-Agivv" 1 ti' 4 ii , 1 WON ONgnnd-modara e Packet Page-23- 1/26/2016 9.A. ' ,0'TYPEB I ? I I ,,s , uNUBCAPesuFFER EXISTING ESTATE$ZONING *SIDE YARD SETBACK: ` _ __,._.... u_-- � � "- .... - EASEMENT - { _ t ---- i__ SERE r `' 1 I MANAGEARM i : Raw FABEMEMi - : OR.4 1070 1 IL I F r 1 ! I ! : t _ ji• y {� 9 tG< l I N T3 r a�] PARKING AND d :t1 - S CIRCULATION if O 4t 1 W 1'. j'. ..'�1 __ _. I t 1I � 1 � I { i 4.. -- ..__J (! -- - I wA — ?i. PROPOSED • I I .1 PEOESTRIM1N BGSIDE BAND SETBACK EXISTING C-I ZONING ITT TYPE AINIDBCMEBUFFER ft j INTERCONNECTION + Master Plan with Preserve crI LANDSCAPE KOPEK EXISTING ESTATES ZONING SD•SIDE YARD SETBACK � , ' ,-1.,_._,--∎--I-- -- -- �-- --$ -- -- -r— -- 1 r- i I ' r I(- WATER i AT 1 MANAGEMENT j I j I I ROAD EASEMENT' I } AREA I { 100 ROW % _ " 1 1 I r O:R.4.010.P0.1,870.1 I I 1 1 ....-! i I 1 I te 1 k 'a � ; s �g 1 Iz a !ft . 1 { - 1..1 IN Tm ci s I a� PARKINGAND ` 5 1 ��t I a CIRCULATION i 4 I �LL 1 w fe DI I a. r Oil 5 ¢ r.•O. 1 i{ I I ' — { 11-` 1 I e ; i . 6 I '11 l'' _ ■ 1 II 1--.(11 L._ .- _ _ p ( ��`.. I VJATERANt1Mi91,.... A = - --._...�, .......+.+--� -- r '• PROPOSED 10'SIDE BAND SETBACK I • 6 '' . kfTE� ac ! Ol-ECTION EXISTING C-1 ZONING It TYPE A LANDSCAPE BUFFER _ _ _ ._--, Master Plan without Preserve CU-PL20140000543 Summit Church Conditional Use Page 3 of II September 17,2015 Packet Page-24- 1/26/2016 9.A. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently undeveloped,zoned E i. SURROUNDING: North: Pine Ridge Road ROW, across which is Crossroads Market, zoned Vineyards PUD; a portion of the Retail & Office Tract which permits a maximum of 600,000 square feet of retail and office uses East: A single family home,zoned E; density is 1 DU/2.25 acres South: Napa Woods Way ROW, across which are single family homes, zoned E; density is 1 DU/2.25 acres West: Medical. Office, zoned C-1; maximum intensity 12,000 square feet of Health j Services only , . 1 i p ,d 5 "..44- 4*''""4.4,,.'""' ,41e.' ,tit„,',, ^'c`;, ,.�" P m7--•.k^3^ �''i I �' m Ridgy RiD,:. , §;,� } • 4 . t a x-' 4. vG f4V 4� 4� f to x ��' * �'-- tea,. ° �° r sib 6 h ruil f Subject a 4, C FF 1 f a } 3S ncy .„ Aerial(CCPA) CU-PL20140000543 Summit Church Conditional Use Page 4 of 1 i September 17,2015 Packet Page-25- 1126120169.A. GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The subject property is designated Estates Mixed Use District,Residential Estates Subdistrict, as identified on the Golden Gate Area Master Plan Future Land Use Map, and subject to the criteria set forth in the Conditional Uses Subdistrict, "Transitional Conditional Uses". Transitional Conditional Uses: Conditional uses may be granted in Transitional Areas. A Transitional Area is defined as an area located between existing non-residential and residential areas. The purpose of this provision is to allow conditional uses in areas that are adjacent to existing non- residential uses and are therefore generally not appropriate for residential use. The conditional use will act as a buffer between non-residential and residential areas. The following criteria shall apply for Transitional Conditional Use requests: • Site shall be directly adjacent to a non-residential use (zoned or developed); [The subject site is adjacent to commercial property zoned C-1 and limited to medical office uses, SIC Groups 8011-8049) developed as medical office buildings located immediately west of the subject site.] • Site shall be 2.25 acres, or more, in size or be at least 150 feet in width and shall not exceed 5 acres; [The site is 330 feet wide and the revised Boundary Survey depicts the parcel as being w4.048 (4.05) acres in size. The petitioner has revised the legal description for this petition to exclude the northerly .150 feet — which results in less than 5 acres but more than 2.25 acres, thus complying with this criterion.] • Conditional uses shall be located on the allowable acreage adjacent to the non-residential use; [The subject property is adjacent to an existing commercially zoned property as described above and the proposed building is located near the west property line closest to the commercial zoned parcel.] • Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home,rehabilitation centers; [The subject site is not adjacent to any type of use listed above.]and • Site shall not be adjacent to parks or open space and recreational uses; [The subject site is not adjacent to any park, open space or recreational use.] • Site shall not be adjacent to permitted Essential Service, as identified in Section 2.6.9 (now 2.01.03) of the Land Development Code, except for libraries and museums;[The subject site is not adjacent to any Essential Service.]and • Project shall provide adequate buffering from adjacent properties allowing residential uses. [Comprehensive Planning Staff leaves this determination of adequate buffering to the Zoning Services Section staff] Policy 5.4 of the Future Land Use Element requires new development to be compatible with and complementary to surrounding land uses, as set forth in the Land Development Code (LDC) (Ordinance 04-31, adopted June 22, 2004 and effective October 18, 2004 as amended). [Staff CU-PL20140000543 Summit Church Conditional Use Page 5 of 11 September 17,2015 Packet Page-26- 1/26/20169.A. notes the "Transitional Conditional Use"provision generally considers these conditional uses to be compatible with surrounding land uses. However, staff defers to the Zoning Services Section for compatibility determination.] Objective 7: "In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The �k Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be �. implemented for new development and redevelopment projects,where applicable." Policy 7.1 "The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code." [The site plan provides for a right-out only onto Pine Ridge Road(CR. 896), classified as an arterial road in the Transportation Element.] Please note: the conceptual plan does not specify"right-in,right-out only",however,that is contained in a condition. Policy 7.2 "The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals."[Given the small size of the site and the use proposed, there is no road proposed, only parking lot and drive aisles.] Policy 7.3 "All new and existing developments shall be encouraged to connect their local streets and /or interconnection points with adjoining neighborhoods or other developments regardless of land use type." The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [As provided on the conceptual site plan,pedestrian interconnection is proposed to the sidewalk along Pine Ridge Road which, in turn, connects with the commercially zoned parcel to the , immediate west of the subject site. Interconnection to the adjacent residential zoned property to the east is not feasible or appropriate.] Policy 7.4 "The County shall encourage new developments to provide walkable communities with a blend of densities,common open spaces, civic facilities and a range of housing prices and types." [This Policy is mostly not applicable. Sidewalk interconnection to an existing sidewalk fronting Pine Ridge Road(C.R. 896), as depicted on the conceptual site plan.] Based on the above analysis,staff fmds this petition to be consistent with the Golden Gate Area Master Plan of the Growth Management Plan. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, CU-PL20140000543 Summit Church Conditional Use Page 6 of 11 September 17,2015 Packet Page-27- 1/26/20169.A. with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning perio4 unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed conditional use will generate approximately 5 PM peak hour, peak direction trips on the immediately adjacent link, Pine Ridge Road. Pine Ridge Road is a six-lane divided facility and has a current service volume of 2,001 trips, with a remaining capacity of approximately 799 trips between I-75 and Logan Boulevard; and is currently at LOS "C" as shown in the 2014 AUIR. The proposed project does not significantly impact adjacent roadway links. Conservation & Coastal Management Element (CCME): The Environmental Review staff has found the proposed use to be consistent with the COME. ANALYSIS: The requested use for a church is allowed as a conditional use in the E zoning district, subject to the standards and procedures established in Section 10.08.00, conditional uses procedures, of the LDC. Before any Conditional Use recommendation can be presented to the Board of Zoning Appeals (BZA),the CCPC must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property owners of uses in the same district or neighborhood; 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: L Consistency with the Land Development Code (LDC) and the Growth Management Plan(GMP). CU-PL20140000543 Summit Church Conditional Use Page 7 of 11 September 17,2015 Packet Page-28- 1/26/20169.A. This request is consistent with the Growth Management Plan(GMP) and, with the conditions proposed by Staff; this project will be in compliance with the applicable provisions of the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular kt reference to automotive and pedestrian safety and convenience,traffic flow and control, and access in case'of fire or catastrophe. Access to the subject property is limited to Pine Ridge Road only. No access to Napa Woods Way is permitted. Staff acknowledges that the Pine Ridge Road access does not meet spacing criteria; however, other proposed access points were constrained. The TIS submitted by the Applicant indicates that the proposed church will not affect the Level of Service of Pine Ridge Road below acceptable levels. The minimum parking requirements for a church . contained in LDC Section 4.05.04, Table 17, Parking Space Requirements, are 3 parking spaces for each 7 seats in the chapel or assembly area. There is an existing sidewalk along Pine Ridge Road. The Applicant proposes a pedestrian connection from that sidewalk, as well as reconstructing the sidewalk during construction of the deceleration lane. A fire station is approximately one mile west of the site on Pine Ridge Road. 3. The effect the Conditional Use would have on neighboring properties in relation to noise,glare, economic or odor effects. During services, some neighboring properties may experience increased noise and glare from entering and exiting vehicles. Odor is not an effect that is usually associated with churches. Economic effects are subjective. This site meets the criteria for a transitional conditional use (see page 4). A church is an institutional use, providing a transition between the medical office and the home to the east. 4. Compatibility with adjacent properties and other property in the district. The subject site meets the criteria for a transitional conditional use. The church, if approved, may provide a transition between the medical office to the west, and the residence to the east. Please see page 4 for a more complete analysis. The Applicant has submitted two Master Plans, one with the Preserve on-site, the other with the Preserve off-site. Since the native vegetation required to be preserved is less than one acre (0.35 acre), this is an option. Staff analyzed both Master Plans and recommends that if the preserve remains on-site, the Applicant may construct the wall in the south landscape buffer or may apply for a Deviation for the wall (LDC Section 5.03.02.H.4). Staff believes that a Deviation for a wall is a valid option, because the Preserve is proposed to be approximately 45 feet in width. In addition, there is approximately 55± feet of unpaved ROW that is vegetated. (This segment of Napa Woods Way ROW is 100 feet in width. The travel lanes are approximately 20 feet in width.) Transportation Planning Staff notes that the widening of Napa Woods Way is not on the 5-Year or Long Range Transportation Plans. CU-PL20140000543 Summit Church Conditional Use Page 8 of 11 September 17,2015 Packet Page -29- 1/26/20169.A. If the Preserve is taken off-site, Staff recommends that the wall is built in the south landscape buffer with no option for a Deviation. The eastern buffer does not have the advantage of a Preserve in addition to the required 15-foot Type B buffer. Staff believes that the Applicant should retain the option to request a Deviation in this case. A six-foot masonry wall adjacent to the home to the east may create a more urban feel than the neighbor desires. Staff believes that an enhanced landscape buffer may be a more desirable alternative to a wall. ik ENVIRONMENTAL ADVISORY COUNCIL(EAC)REVIEW: The CCPC sitting as the EAC is not required to hear this petition. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM was held on April 10, 2015 at 5:30 PM at Vineyards Community Park. On the date of the NIM, the Master Plan indicated that ingress and egress would be from Napa Woods Way. The overwhelming issues discussed by the neighbors were traffic and traffic-related issues. For more complete information,please see the attached NIM Meeting Minutes. As a result of the NIM, the Applicant redesigned the site with the access from Pine Ridge Road only—the Master Plan being considered today. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on August 25,2015. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20140000543 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. There shall be no access to the subject site (vehicular or pedestrian) from Napa Woods Way. Access from Pine Ridge Road shall be right-in,right-out only. 2. If the preserve is located on site, the site will be developed as shown on the Site Plan, Page 1 of 2. If the site is developed as shown on the Site Plan, Page 2 of 2, the preserve requirement will be met off site, consistent with LDC Section 3.05.07.H.1.f. 3. If the Preserve is located off-site, then a wall shall be required within the south landscape buffer, in accordance with LDC Section 5.03.02.11. 4. A wall, pursuant to LDC Section 5.03.02.11, shall be constructed within the eastern landscape buffer, from the front setback line of Pine Ridge Road to the front setback line of Napa Woods Way. That Section also provides the option of a Deviation. 5. The owner shall coordinate with Collier Area Transit Staff to relocate an existing bus stop presently located in front of the subject site to accommodate the construction of a turn lane required for site access. CU-PL20140000543 Summit Church Conditional Use Page 9 of 11 September 17,2015 Packet Page -30- 1/26/20169.A. 6. For church services and other events generating significant traffic, the property owner shall provide traffic control by law enforcement or law enforcement approved service provider, when warranted, as directed by Collier County Transportation Staff. 7. At the time of Site Development Plan, the property owner shall provide compensating right- of-way to Collier County for the turn lane needed for site access. Attachments: A. Resolution B. Application CU-PL20140000543 Summit Church Conditional Use Page 10 of 11 September 17,2015 Packet Page-31- 1/26/2016 9.A. PREPARED BY: F• ► ' ISCHL,AICP,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMO V.BELLOWS,ZONING MANAGER DATE ZONIN c I►IVISION 2-"? - MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPR• D BY: g - 3/ . Are S FRENCH,DEPUTY DEPARTMENT HEAD DATE R•+WTH MANAGEMENT DEPARTMENT i ti DAVID S.WILKISON,P.E. DATE DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the October 13,2015 BCC Meeting CU-PL20140000543 Summit Church Conditional Use Page 11 of 11 September 17,2015 Packet Page-32- 1126120169.A. September 17,2015 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida,September 17,2015 LET IT BE REMEMBERED,that the Collier County Planning Commission,in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building"F"of the Government Complex,East Naples,Florida,with the following members present: CHAIRMAN: Mark Strain Stan Chrzanowski Diane Ebert Karen Homiak Charlette Roman ABSENT: Andrew Solis ALSO PRESENT: Raymond V.Bellows,Zoning Manager Fred Reischl,Principal Manager Heidi Ashton-Cicko,Managing Assistant County Attorney Tom Eastman,School District Representative 1 . a yk Page 1 of 49 Packet Page -33- 1/26/2016 9.A. September 17,2015 PROCEEDINGS CHAIRMAN STRAIN: Good morning,everyone.Welcome to the Thursday, September 17th meeting of the Collier County Planning Commission. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. Okay. If the secretary will please do the roll call. COMMISSIONER EBERT: Yes. Good morning. Mr. Eastman? MR.EASTMAN: Here. COMMISSIONER EBERT: Mr.Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER EBERT: Mr. Solis is absent. Ms. Ebert is here. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER EBERT: Ms.Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER EBERT: Mr.Doyle is absent. And,Ms.Roman? COMMISSIONER ROMAN: Here. CHAIRMAN STRAIN: Okay. First item up on today's agenda is the addenda to the agenda. We have two items,and I'll ask to have motions made on these separately. The first item is for a continuance of PUDA-PL20150000178. It's the one project commonly known as the Briarwood PUD. They've requested a continuance to October 15th. And somebody want to make a motion? COMMISSIONER EBERT: I make a motion for the continuance till October 15th. CHAIRMAN STRAIN: Is there a second? COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Seconded by Karen. Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5-0. MS.ASHTON-CICKO: And that item will be readvertised. CHAIRMAN STRAIN: Okay. Thank you. The other item that needs to be continued or ha been requested to be continued is the PUDA-PL20140000548 known as the East Gateway Mixed Use Planned Unit Development. Is there a motion to continue? That item's 9B. COMMISSIONER HOMIAK: Make a motion that we continue. COMIVIISSIONER ROMAN: And I'll second. CHAIRMAN STRAIN: Seconded by Charlette.Motion made by Karen. Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. Page 2 of 49 Packet Page-34- it 1/26/20169.A. September 17,2015 COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5-0. That takes care of those matters. There are no other changes to the agenda at this time. Planning Commission absences. Brian Doyle resigned,and there's--he was appointed from the City of Naples district,Commissioner Taylor's district. So they've advertised for a new representative. I certainly appreciate Brian's assistance and volunteering for this board for the time he was here and wish him the best of luck in his new endeavor. So we will have an absence and a vacancy for a little while. Hopefully not too long. The other item I want to mention,I don't know if it's congratulations or condolences to Stan and Charlette. They've both applied,and thank you for doing that,and have been reappointed to the Board by the Board of County Commissioners. (Applause.) CHAIRMAN STRAIN: So we're very pleased you guys are back on board. We need your expertise, and so thank you. COMMISSIONER CHRZANOWSKI: Your condolences are accepted. CHAIRMAN STRAIN: Sometimes you--you know,Stan--the way to get to Stan is if we're running late,just bring him a pizza. He'll be very happy. COMMISSIONER ROMAN: He has brownies today. CHAIRMAN STRAIN: Ah,there you go. The next couple of announcements is next week is the AUIR,the Annual Update and Inventory Report. It's a capital improvements schedule for all the different elements of the Growth Management Plan and how they're going to spend the money that factors its way into the budget for the next upcoming year or more. That is a requirement to come through the Planning Commission,one of the recommendations to the Board. We hear it every year. In years past it's been a joint effort with us and the Productivity Committee. It's just us now.And that's going to occur next Friday at 9 o'clock.And the meeting will be over at Developmental Services in the big conference room over there. It won't be in this room. And the reason for that is the elements of the Growth Management Plan are represented by various departments,and it's much more convenient to have the employees and department representatives closer to us,and that room works out real well for the length of time it takes to get through this and the interchange of personnel. So that's where we'll be next Friday. Does anybody know if they're not going to make it to next Friday's meeting? COMMISSIONER ROMAN: I may have a conflict with that on such short notice. CHAIRMAN STRAIN: Okay. That will leave us with four. Ray,would you mind making a note to call Andy and see if he's aware of it or can make it to that meeting as well? MR.BELLOWS: Will do. CHAIRMAN STRAIN: Okay. Because that way in case we lose one we've still got a quorum. The second meeting we have or the next announcement of our meeting is the following week. October 1st is our first regular meeting. Does anybody know if they're not going to make it to that meeting? (No response.) CHAIRMAN STRAIN: Okay. We'll have a quorum for that one,too. In the packet of information that we received electronically,either way,the August 20th minutes were included. Is there any discussion on those minutes? COMMISSIONER ROMAN: I make a motion to approve. COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Okay. And I have just one comment. I can't remember,Tern,if you did Pave 3 of d9 Packet Page-35- 1/26/2016 9.A. September 17,2015 the October 20th--or August 20th minutes or not,but throughout the minutes there's numerics,two numbers in particular, 128 and 9. They keep cropping up on different paragraphs throughout the whole series of minutes,and I can't figure out what they mean unless it's some shorthand way that court reporters use. COMMISSIONER HOMIAK: I didn't--it wasn't in mine. COMMISSIONER ROMAN: I didn't see that. CHAIRMAN STRAIN: Oh. Well,I got an electronic version,and it was in mine. COMMISSIONER HOMIAK: Must be that thing you use. CHAIRMAN STRAIN: Maybe it's the conversion between the operating systems. Hmm. Okay. I didn't know if--I thought it was something standard. Since I get electronic copy,I thought everybody got the same thing. Okay. Well,forget it,Terri. I guess it's just my computer. Okay. With that then,there's been a motion made and seconded. All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5-0. That brings us to our BCC report and recaps,and for once there was a meeting for--a quiet spell for a couple months. MR.BELLOWS: There was a meeting,but no land use items were heard on that meeting. CHAIRMAN STRAIN: So you've still got nothing to say. MR.BELLOWS: Nothing to say. CHAIRMAN STRAIN: So you sit there for all these mornings and nothing to say. MR.BELLOWS: The next meeting. CHAIRMAN STRAIN: Oh,okay. We'll look forward to that then,Ray. Thank you. Consent agenda. We don't have any items on consent agenda. So with that,we'll move directly into our advertised public hearing after the two continued ones. 9A and 9B were continued. That takes us to 9C. ***9C is the one commonly known as the Summit Church location on the south side of Pine Ridge Road. It's a conditional use request. It's CU-PL20140000543. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. If you intend to say anything at all,address this board,you've got to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Thank you. Disclosures on the part of the Planning Commission;we'll start with the far—my far right,Tom. MR.EASTMAN: None for this matter. CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: None for this matter. CHAIRMAN STRAIN: Diane? COMMISSIONER EBERT: Staff and Mr.Hancock. CHAIRMAN STRAIN: Okay. And I had met with Tim Hancock and representatives of the church and,of course,numerous staff members,and I've gone through and reviewed all the historical information on this area. Karen? COMMISSIONER HOMIAK: Nothing. CHAIRMAN STRAIN: Charlette? COMMISSIONER ROMAN: Yes. I talked to staff,and I also went out to the site. Page 4 of 49 Packet Page-36- 1/26/20169.A. September 17,2015 CHAIRMAN STRAIN: Okay. And with that,Tim it's all yours for your presentation. MR.HANCOCK: Mr.Chair,members of the Planning Commission,for the record,Tim Hancock with Stantec representing the Summit Church,the property owner and applicant on this matter. And Commissioners Roman and Chrzanowski,thank you for your gluttonous volunteerism. It's much appreciated. This is not an easy task that you do for the high salary you demand,so we appreciate it. Pd like to introduce our team. Here is Jeff Perry,AICP,our transportation planning consultant with Stantec. Also members of the applicant are,first and foremost,Pastor Johnny Pereira. He is the pastor for Summit Church. John,if you could raise your hand. There you are;Jason Nigh,who is the youth pastor, right behind Johnny;and Nate Johnson,who has basically been the project manager for Summit Church as this process has gone through. As you can see from the aerial location exhibit,we have a parcel that is highlighted totaling 4.05 acres lying immediately south of Pine Ridge Road and immediately north of Napa Woods Way. It is approximately 250 feet east of the intersection of Pine Ridge Road and Napa Boulevard. The property is designated Estates on the Future Land Use Map and lies immediately adjacent to a medical office which is designated activity center. The current zoning is Estates,and this application seeks to add Conditional Use No. 1 to allow for a church with a maximum of 400 seats and 30,000 square feet. The subject property is eligible for this designation under the existing Growth Management Plan and indicated as transitional/conditional uses. In 1998,the property immediately to the east was added to the activity center and rezoned to commercial. At that time churches were allowed as a conditional use within the Estates zoning district. In 2003,the Growth Management Plan was amended at the request of the Golden Gate Area Master Plan restudy committee which,in essence,revised the definition for transitional conditional uses,and based on that adopted criteria,which refers to that use as being allowed when lying adjacent to existing commercial on one side and Estates residential on the other,this parcel qualifies to seek application for a conditional use. The two master plans contained--and conceptual site plans contained in your application packet are the result of many iterations and changes to work to address issues of compatibility and concerns raised by neighbors at the neighborhood information meeting. There are two plans. One shows a preserve retained on site,and one shows the preserve being off site. In either case,the building as shown meets or exceeds the minimum setback requirements and height limitations of the Estates zoning district. The front yard setback is required at 75 feet along Pine Ridge Road;approximately 250 feet is provided. The side yard setback to the east requires 30 feet;somewhere between 75 and 85 feet are provided as shown. The side yard setback to the west,which is adjacent to the existing commercial zoning,30 feet is required,and 30 feet is provided,particularly since this building is closest to the existing medical office and allowing us to push it further away from the residential to the east. For the rear yard setback,75 feet is required,and approximately 90 feet is provided.That is to the property line. The property line--I'm sorry. That is to the edge of the roadway easement. The property line extends to the center line of Napa Woods Way to the east. The effective measurement from the back of the building as shown here to the edge of pavement is approximately 150 feet. The final building location was based primarily on information attained at the neighborhood information meeting that requested shielding of the neighbors to the south from noise,light,et cetera,that may emanate from the parking area and through trash collection. By positioning the building more to the rear of the site,it will serve,in essence, as a barrier for noise and glare by allowing us to put all parking between the building and Pine Ridge Road away from the residential to the rear and away from the residential street. The buffers shown on the concept plan include a 15-foot Type D buffer along Pine Ridge Road as required,a 10-foot Type A buffer between this property and the adjacent commercial designation is to the west,and a 15-foot Type B buffer along the east property line where we've also requested a deviation to allow for a vegetative buffer in lieu of a wall. The request for that deviation is based on conversation with the adjacent property owner who stated to us that his preference would be a vegetative buffer versus a wall. We'd be happy to provide with any Pam> of 49 Packet Page-37- 1/26/2016 9.A. September 17,2015 deviation request a letter from that property owner stating that if we get to requesting that deviation. We also show a Type D buffer along the south property line inclusive of a 6-foot wall should the native preserve be located off site. This aerial exhibit shows something that's a little bit unique about this site. Because the property line extends to the center line of the right-of-way,there's existing vegetation between the edge of pavement and our property line.Approximately 55 feet of trees and shrubs exist there today. It's comparable to what you see next door on Dr.Pe±a's site. So basically,even if the site were to develop all the way out as shown on the site plan,there would be 55 feet of vegetation retained between the edge of right-of-way and the edge of pavement.That 55 feet plus the minimum 15-foot buffer is a 70-foot vegetated area inclusive of a 6-foot privacy wall. On April 10th,we held the required neighborhood information meeting at Vineyards Community Park,well attended by more than 30 people. The site plan that was part of the application at that time was this one. This site plan contained components that we thought at the time made sense from a buffering and building position standpoint. We located the sanctuary as far to the west as possible adjacent to the existing commercial buildings. We located the preserve over to the east nearest the closest existing residential structure. We had parking on three sides of the building,as shown here,and the water management to the south. Despite our attempts to minimize traffic on Napa Woods Way by having a directional opening that would only allow entering left-turn movements and exiting right-turn movements on Napa Woods Way,it was very clear to us that those present expressed an overwhelming concern about any traffic to Napa Woods Way. With an existing church at the west end of Napa Woods Way already,using the street and the traffic signal at Napa Boulevard on Sundays,it was expressed to us through a primary concern that traffic was the key issue. When it was suggested that we have access only off Pine Ridge Road,there was applause. We listened. We also spoke of the ability to relocate the preserve to the rear of the property and our ability and request move it off site. We didn't hear many concerns related to buffering at the time. Instead,the primary focus was traffic,traffic,and traffic. Secondary concerns were the potential for intrusion of noise and glare to the neighborhood,and I heard that mostly from property owners lying to the south. COMMISSIONER ROMAN: It's upside down, I think. MR.HANCOCK: Our team went back and looked one more time at whether we could accommodate the wishes of the neighborhoods and have access solely on Pine Ridge Road. By doing so,it did actually reduce the depth of our parcel by approximately 12 feet. We have to accommodate a turn lane,which is costly--by the time you get done designing and building it,it's around$200,000--and removed an entire row of parking from the existing site plan. Additionally,there's water management in the right-of-way immediately south of the roadway and the sidewalk. That water management will have to be accommodated on our property,creating a further intrusion and not really giving us the ability to accommodate a new turn lane without losing land. Nonetheless,the domino effect,while it consumes land,was clear to us that we had a responsibility to the neighborhood to make this happen. So at great expense to the landowner and based on the input from the community,we felt we'd be hard pressed to be seen as a good neighbor in any way,shape,or form if we continued with access on Napa Woods Way. This was a significant change to the plan and one that we certainly hope met with the approval of our neighbors. We also eliminated direct pedestrian connections to the medical office next door. The concern raised again at the neighborhood information meeting was that that parking lot would be used as a satellite or auxiliary parking area where people would come in and out of Napa Woods Way or Napa Boulevard,park at the doctor's office,and easily walk over to our church. While I wasn't sure that necessarily would be a large number of people,we certainly didn't want to Page 6 of 49 Packet Page-38- 1/26/20169.A. September 17,2015 add to the conditions and concerns on Napa Woods Way any further. So we've provided the minimum connection which is from our site out to the right-of-way to that sidewalk. We have not had any or do not plan any direct pedestrian connections to the adjacent commercial site. And just by background,when we started this process,we did meet with Dr.Pe±a and talked about trying to have a joint or shared access with him.Operationally,for him,it was going to be problematic. And I think after the neighborhood information meeting and what we heard there,it wouldn't have mattered anyway. It would have put that traffic onto Napa Boulevard. And what the residents were very concerned about is many of them said they'll sit there and wait forever for the light to change and,when it changes,two cars go through,and then the light changes again. So,you know,there may be a signal-timing issue or whatnot,but by having our access as a right-in, right-out only on Pine Ridge Road,we at least have avoided having any impact on that. What this means,by having access as a right-in,right-out only on Pine Ridge Road,is that folks that are going to the church from the east will make a U-turn at the circle you see on the left,which is the intersection of Napa Boulevard and Pine Ridge Road. Those folks,when they depart,will make a right and go about their merry way. The folks that actually arrive to the church coming from the west will have a right turn into the church off Pine Ridge,and when they leave,they will make a U-turn at Vineyards Boulevard,which is the circle you see on the right,and go back towards the west. As part of these revised site conditions,at the request of the Transportation Department,we performed traffic counts and observations on Sunday morning during the peak period for the existing church at the end of Napa Woods Way. What we found is that neither turn lane--I'm sorry--that both turn lanes had sufficient stacking for the capacity that was being utilized with only one to,at most,three cars being in the queue at any one time,providing ample space for additional cars for U-turn movements. As a matter of fact,most of the time there was a near free-flow of turning movements due to the low volume of traffic during Sunday mornings. As a part of our request today,also,is to move the preserve required off site. Based on the existing vegetation,the required preserve would be approximately.35 acres. That would be across the rear of the property,329 feet wide,approximately 45 feet in width. The existing vegetation in this area,however,contains between 26 and 50 percent exotics. Even with hand clearing,once the exotics are cleared,approximately half or more of the vegetation at line of sight would be removed. We,of course,would replant with natives,and they would grow in over time. We feel a better approach would be to focus on additional buffering,if it's the desire of the community,to do so along the southern property line through plantings. We would be required to expand the south buffer from 15 to 25 feet and double the number of trees planted in a staggered row which,when combined with a 6-foot wall and the required screening,would be far more effective. This approach--and I believe we have allowed room within the site plan to accommodate this--would give us a far higher degree of visual security,if you will,or blocking out the building,if you will. CHAIRMAN STRAIN: Excuse me,Tim. Sir,would you mind sitting down until we call for public participation. Thank you. MR.KOBERLEIN: Sir,how do you do that? CHAIRMAN STRAIN: Just sit down,please. Tim,go right ahead. MR.HANCOCK: Bottom line is we feel that we can do a better job with plantings along the south area with a 6-foot wall than a 45-foot-wide native vegetation area would be as far as visual screening. And, again,happy to discuss how that can be accommodated. We also discussed some additional items over the past couple of days and have—some of these items we discussed at the neighborhood information meeting,but I don't think they made it into the resolution that's before you today. Some of them are fairly new based on some recent actions this body has taken. So what I'd like to do, if I may--I have copies for you,and I'll put one on the visualizer—is go over what we Parrra'7 r,f AU Packet Page-39- 1/26/2016 9.A. September 17,2015 feel are potential operational conditions that we think would serve to greatly increase the compatibility over what is currently proposed. I recognize this is difficult to read,and I will go through them one at a time. The first is height limitation. We are seeking no height in excess of what the current 35-foot estates limitation is. Secondly,hours of operation;6:30 a.m.to 10:00 p.m.daily for all existing operations.Exceptions may be made for high holidays,such as Christmas and Easter,up to three times per year,but all services would be held indoors. No school or daycare operations will be allowed. No playgrounds or outside recreational equipment will be permitted. Exits to the rear of the building will be limited to those required by fire code. The primary entrance will be on the north face of the building,and all doors and windows will be closed during services and periods when performances or music practice is occurring. The building will be set back a minimum of 90 feet from Napa Woods Way and 75 feet from the east property line. All other setbacks will meet minimum standards for Estates zoning. The south and east exterior walls will be constructed with sound dampening applications to reduce through-wall penetration of noise. Lighting will be limited to 25 feet in height and will utilize flat-panel fixtures and cut-off shields to ensure light spill does not negatively impact neighbors. Lighting located to the south and east of the building will be limited to security lighting and will be aimed downward;in other words,no Wall Pack lighting,none of those bright lights they just stick on the side of the wall. If the preserve is located off site,the rear buffer will be increased to 25 feet in width,and the number of trees will be doubled and planted in a staggered row to create 80 percent opacity at 12 feet in height within one year of planting. The facilities will only be utilized by one church. Leasing of facilities to allow for more than one church entity to use them is prohibited. Based on some other conditions that have been applied to similar situations throughout the county, we feel these are both reasonable and prudent and hopefully continue to speak to our desire to allow ourselves to exist in this location in a harmonious way with the neighbors. One additional question at the neighborhood information meeting was whether there are any other neighborhoods that had two churches on their street. The answer to that is yes. A similar situation exists along Immokalee Road where currently five churches front Immokalee Road,the rear of each backs up to Autumn Oaks Lane,and that's in a stretch from 1-75 to Logan Boulevard. Some do have access to Autumn Oaks Lane;most do not. There is a close example of what we're proposing. CHAIRMAN STRAIN: It's upside down,isn't it,Tim? COMMISSIONER ROMAN: Yeah. MR.HANCOCK: This is St.Monica's. St. Monica's fronts Immokalee Road,a six-lane arterial. It has an access solely on Immokalee Road. It does have a directional left turn in.This campus is just over six acres. Has two buildings. Both buildings front on Immokalee Road with no parking or activities to the rear of the building. Water management has been placed in the rear,nearly identical to our plan,and buildings here are located as close as 95 feet from the edge of the adjacent residential roadway. That's 50 feet closer than what we're proposing for our site. While I'm not aware of any complaints nor am I aware of any lack of complaints with regard to this location,I wanted to at least show a credible example of how the proposed approach that we have for this site currently exists in the community in a nearly identical situation. At the neighborhood information meeting,we told those present that we would communicate any changes to them as well as notifying them of the planned Planning Commission hearing date. On August 24, we sent a letter to all attendees from the NIM as well as all those who were originally notified of the neighborhood information meeting. In addition to asking folks to contact me with any questions they may have,we included a cover Page 8 of 49 Packet Page-40- 1/26/2016 9.A. September 17,2015 letter from Pastor Pereira. The cover letter asked for open communication with residents and,quote, welcomed their input,end quote. As we stand here today,neither my office nor that of Summit Church,which provided a direct-dial number to Pastor Pereira,has been contacted by any neighbors with any questions or any concerns or any desire to meet or speak with us further. That door,however,remains open to address any matters of compatibility in harmony with the neighbors on our end. If there are additional measures related to noise and buffering that can be applied to address concerns raised here today,we are more than happy to have those discussions. The church currently meets at Barron Collier High School and searched extensively for a property that would accommodate them as a home for a permanent church. Unlike many churches which establish themselves in one location and look to grow and expand their campus,the philosophy of Summit Church in planting new ministries is a return to the smaller,more focused area-focused churches. Should this church grow to the point that it outgrows this space,then a new church would be planted in an area that will serve the growing future population. This is not a seed church to grow in this location. This is a church to serve an existing community,an existing community of worshipers that currently are meeting at Barron Collier High School,and we believe this is the appropriate location for that church. This is not just a piece of property the church owns. It's where they wish to make their home and,in doing so,will do all that's within their power to be a good neighbor. We simply ask that they be given the chance to prove that. At this point,PIl offer any members of our team to address any questions you may have. And following any public comment,we simply ask for the opportunity to address any outstanding issues or concerns at that time. Thank you. CHAIRMAN STRAIN: Thank you. Okay. Questions from the Planning Commission of the applicant? COMMISSIONER ROMAN: I have one question. Tim,in the example that you're showing here with St.Monica's,I can't tell for sure but it looks like a lot of the native vegetation was retained along the roadway to the south;is that correct? MR. HANCOCK: Yes,ma'am. Similar to our situation,their property line extends to the center line of the roadway. Most of that vegetation appears to lie within the public right-of-way. COMMISSIONER ROMAN: Okay. Thank you. MR.HANCOCK: I believe they have a buffer along there. They do have some areas of native vegetation to the south and east as well,but primarily most of that vegetation lies within the right-of-way. COMMISSIONER ROMAN: Thank you. CHAIRMAN STRAIN: Anybody else? COMMISSIONER CHRZANOWSKI: Just quick. I know that the appraiser's property lines sometimes are a little off,and this one looks awful close to the residential property to the east. Are there any encroachments,or is it— MR.HANCOCK: To my knowledge,no. I did not review the approved SDP,so Pm afraid I really can't answer that accurately. COMMISSIONER CHRZANOWSKI: That's okay. I'm assuming anything that comes up between--I'm assuming he's in the right place. MR HANCOCK: I would assume so also,but I can't confirm that. COMMISSIONER CHRZANOWSKI: Okay. Thanks. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Well,Tim,we'll start from the beginning of the packet. And as I mentioned to you yesterday,the idea of removing the preserve,at least from my perspective,is a real deal breaker. In Golden Gate Estates,when these conditional uses were established,the premise under that was there would be adequate natural buffers left between those conditional uses and the remaining residential. So to remove that preserve to an off-site would set a precedent that I think would be a mistake in regards to the Golden Gate Estates area. And--so for that reason,I certainly can't go along with the plan that recommends Dorm 0.,f A0 Packet Page -41- 1/26/2016 9.A. September 17,2015 removing the preserve. You also noted that you were having an optional--you're offering a wall along the south side,and I think that's warranted. Last meeting we had a similar situation in the area that's on the overhead right now,or close to this area.Just slightly to the left there's some vacant lots that were proposed to be modified with some C-1 uses. The applicant there had numerous meetings with the neighborhood and established a series of standards for compatibility,that the neighborhood fmally resolved their issues,and they had no objection then to the project going forward. A little different than a church;it was C-1 uses. But through that process,they were established with a preserve and setbacks. Setbacks is comparable to what you've got here. They had a water management system behind their project,but they agreed to additionally buffer that with bald cypress spaced accordingly for the plants'canopy. The preserve area that was left had to be hand cleared,and as a result of that hand clearing,they were looking at--and one of the people in that neighborhood was a professional landscaper,and he came back and realized that if you were to clear or hand clear--especially hand clear—the exotics from these preserves,you end up with a lot of straight trunks in a lot of cases and not much understory. So they recommended,and it was agreed to by the applicant,that the understory would be—first of all,it would be hand removed,and the other story would have a series of plants that would thrive as an understory,and within a year they'd have 80 percent opacity within that area.And the plants were wax myrtle,cocoplum,green buttonwood,sabal palms,myacin(phonetic),and live oak. Now,those were all added to the process to help establish some compatibility—or additional compatibility with the neighborhood in line with what the intention was when conditional uses were utilized in Golden Gate Estates to the limited areas they could be utilized. And I would suggest—and I'm going to certainly want to hear the public's input on this,but some of those standards need to be further incorporated into this just as a beginning or a starting point. That's why I mentioned my concern over the suggestion that you would do the preserve off site. I don't think that is something that is acceptable,at least from my perspective. As far as the wall on the south side,like the one on Immokalee Road from last meeting,I think that wall is necessary. I would suggest it would go between the preserve and the north side of the water--after the building,of course,so you don't need a wall where you've got a solid building. But then the wall on the east side is another concern. That was required on Dr.Pe±a's property as well as the others that I just mentioned from last week. I notice you suggested you wanted—you were possibly going to get a letter of support from the residential neighbor next door that he would prefer landscaping over a wall. When he made that comment, was it explained clearly to him that the landscaping with that wall will be on his side of the wall? MR.HANCOCK: Yes,sir,it was. CHAIRMAN STRAIN: Okay. Because we have some other churches that have gone in the Estates in transitional areas,and I have personally received complaints from the neighborhoods about the cars coming in at night and the headlights going onto their properties and bothering them because walls weren't always required. And it's the neighbors directly adjacent to these other properties that are impacted by such things. So I think the letter from that individual would probably be very well warranted if you're going to seek that deviation. That's the only way that I could suspect the deviation could be considered is if the neighbor next door was addressed,because that's a pretty case-by-case situation. MR.HANCOCK: We would commit not to seek the deviation without the support of the neighbor. CHAIRMAN STRAIN: The--staff had recommended a series of changes to the property,or stipulations. I've reviewed those,and I wanted to get your input on them. Number one is the no accessory from Napa Woods and Pine Ridge,so I think you've resolved that one. Two had to do with the off-site preserve,and it had to do with about the same thing if the preserve is located off site. So neither of those,from my perspective,should be warranted for this property. That's something that,obviously,you can decide what to do before the meeting's over if we—depending on how the Page 10 of 49 Packet Page-42- } 1/26/20169.A. September 17,2015 meeting comes out. Number four,they reference the wall with the option of a deviation. If this is to go forward,that has to have some additional language applicable to the east side subject to the neighboring--neighboring letter acquiescent to that. Five is a Collier Area Transit staff issue. Six is traffic control,which is typical to all the churches in the county that we oversee,and the last one,compensating right-of-way. And I spoke to you about this, because in the application on Immokalee Road,we learned that compensating right-of-way on six-lane roads isn't always needed.And so what the county does is requests a reservation for the right to ask for that. Now,the advantage to the applicant is that if that happens sometime in the future through the reservation,then you would have the ability to utilize the post-date plan conditions to modify your site. It wouldn't then require you to push the site back like you've portrayed here,which I think is an advantage because it keeps that preservation area as wide as it needs to be or as wide as it can be,so... MR.HANCOCK: If I may,sir. CHAIRMAN STRAIN: Sure. MR.HANCOCK: We did take a further look at that,and the problem was not just a reservation of right-of-way or a donation of land. The problem stemmed from the water management area that is south of the sidewalk along Pine Ride Road. When we put the turn lane in,it will displace that water management area. One of the issues with that is,much like a lot of water management conveyance areas within county rights-of-way,it does not meet the county's minimum side slope requirements. So it either has to get wider when it's displaced,or we have to pipe it in certain areas,otherwise,at one point when we looked at it,to meet code requirements,the displacement of that would have taken over 30 feet. So I think it's a water management displacement issue that consumes physical space on our site more so than a reservation of right-of-way. Because of that,we then have to build our buffer off of that. So I appreciate that as an option. I think the water management is what's driving the land consumption. We've been able to accommodate that with a plan to pipe the water management along the front,but--and minimize it to about a 15-foot impact as opposed to a 12,but that's the primary driving force on that. CHAIRMAN STRAIN: Okay. But,in essence,you still can do the reservation. You just said you can pipe it. So if you put RCP in or something like that underneath your turn lane,which is really for a conveyance swale--which I'm assuming that is. It's not—it is not treating water;it's conveying it,I would think,if it's alongside a roadway--then your piping solves the problem. MR HANCOCK: I'm not sure if they're going to like the idea of the stormwater pipe underneath the turn lane,but we certainly would--I mean,we're open to all options. CHAIRMAN STRAIN: Every driveway has them,so-- Anyway,it's a situation that needs to be addressed because,by your pushing back the building,it creates a loss of the preserve area that really is the effective buffer to the projects to the--neighboring to the south,and that's a concern. MR.HANCOCK: The only other benefit to pushing the building back,which then created the space constraint on the preserve issue,is that we were then able to put all of the parking forward of the building. By shifting that building up towards Pine Ridge Road,some of the parking then is going to roll over to the right side of the building. We can still wall that off,but I just wanted to mention that that was--you know, that was part of the design considerations. We felt,based on particularly--the gentleman,who lives right across Napa Woods Way from the rear of our property,he had concerns about dumpsters and car doors,and those are all very reasonable concerns. So we tried to create a single parking field as far as away from him as possible. Again,Pm not--I'm just discussing with you some of our site constraints that led us to the issue of what if we took the preserve off site. I think the question I would like to have with any of the neighbors that are willing to discuss it with us would be which of these two approaches would you prefer,an existing native vegetation buffer there or a more structured buffer in a smaller space?We're open to either one,sir. But I welcome that conversation. CHAIRMAN STRAIN: And I--I always try to understand and work with the neighborhoods. I Pam. 11 of dQ Packet Page-43- 1/26/2016 9.A. September 17,2015 think this board has done that as a precedent. MR.HANCOCK: Yes,sir. CHAIRMAN STRAIN: But there's also a factor of consistency. What applies to your site gets to apply to any site similarly situated. Golden Gate Estates has been established as a rural area very protective of its native vegetation. We also—we have projects that are constantly asking to do preserves off site so they can build more and take up more site. That may be fine in urbanized areas where you've got commercial and a lot of tight sites. This site is an Estates site on a large lot. It's only tight because you want a building and the parking to go with it of the size you're asking for. So if you really have that much of a problem,there's another solution. And I'm really concerned about the lack of preservation—moving that preservation off site,Tim, so— MR.HANCOCK: Yes,sir. CHAIRMAN STRAIN: --it's an issue that I have. And I'm not sure this board has it,but at least that's where I'm coming from. COMMISSIONER ROMAN: Well,I also share that concern,and n1 just make that clear right now with that same preserve. UNIDENTIFIED SPEAKER: Thank you. COMMISSIONER ROMAN: After visiting the site and driving down Napa Woods Way,looking at the homes that were along the way,that preserve has some very,very tall trees. It's--it meets the character of the same road,and I thought it was an important consideration for this project. MR.HANCOCK: Yes,ma'am;thank you. CHAIRMAN STRAIN: I notice,too,that in the minutes of the neighborhood information meeting there was a concern over uses such as rehabilitation. That isn't,I think,a standard accessory use to a church or one that would necessarily be allowed in this location,but I would certainly suggest that needs to be added to your list of prohibitions if this goes forward like that. MR.HANCOCK: And we have no problem with that prohibition. It's prohibited by land use. But if it needs to be specifically called out,that's fine with us. We have no intention of operating a clinic in this site. CHAIRMAN STRAIN: Okay. The sound has been an important issue when you move facilities, whether they're this or commercial,into—near neighborhoods. We,a lot of times,specify a"no exterior amplified sound." Do you have any objection to that? MR.HANCOCK: No,sir. CHAIRMAN STRAIN: Your height of your parking lot,your parking field,is 25 feet for your lighting. I would suggest 15 feet is ample. That may mean you need a few more fixtures. But as you know in Collier County,you've got landscaped islands every 10 spaces anyway,and that will be plenty of spread for you,and that keeps the distraction of light from anywhere else minimal. I agree with your no connections to the clinic to the west,and I think that should be something added to the list of issues. Dumpster locations,and that is for an early morning noise issue. Where is your dumpster location--well,let's put it this way. Your dumpster location needs to be defined,and it needs to be on a plan so that it is in a location least offensive to the neighborhood. MR.HANCOCK: And the dumpster location is shown on the plan. CHAIRMAN STRAIN: Okay. MR.HANCOCK: Basically utilizing the building to block it from the neighbors to the south. CHAIRMAN STRAIN: Okay. And those are the comments I have so far. Like you,I reserve the right to have more. MR.HANCOCK: Yes,sir. CHAIRMAN STRAIN: Does anybody else have any questions of the applicant? (No response.) CHAIRMAN STRAIN: Okay. With that,we'll go to staff presentation. And after staff presentation, we'll go to the public comments. Fred? Page 12 of 49 Packet Page-44- 1126120169.A. September 17, 2015 MR REISCHL: Thank you,Mr. Strain. Fred Reischl with the Zoning Division. With the change of access after the neighborhood info meeting,staff is in support with the conditions that you read,and we have no objection to the proposed conditions. Just one nit-picking change on No.5 where it says,"exits to the rear of the building," if we change that to"south facade,"since technically that's also a front because it fronts on our right-of-way. CHAIRMAN STRAIN: Now,what that means is the architectural standards that this will have to abide by are for decorative facades as they would be facing Pine Ridge;that would be the same similar type facing the south? MR.REISCHL: I'm not positive what they are.They can request an architectural administrative deviation because the Pine Ridge side is the arterial. Napa Woods is a local road. CHAIRMAN STRAIN: Right. And Pm just thinking that more of that architectural articulation does more to distuact than to help,so it might be something that should be considered to the south side especially with a preserve opacity and the wall—or the wall that's going to go over from the edge of the building eastward. MR.REISCHL: And the unpaved right-of-way--I spoke to Transportation Planning. They said even in the long-range transportation plan there's no plans for having Napa Woods Way at its full 100-foot width. CHAIRMAN STRAIN: Well,it's similar to Autumn Woods. I mean,there'd be no-- MR.REISCHL: Correct. CHAIRMAN STRAIN: There's no benefit to do that. So I can't imagine anybody would think that's even going to happen,so... Okay. Did you have anything else you wanted added to your comments,Fred? MR.REISCHL: No;thanks. CHAIRMAN STRAIN: Anybody have any questions of staff? (No response.) CHAIRMAN STRAIN: Okay. With that,we'll ask for public speakers. We'll start with those registered. After your name's called,if you'll come up to one of the mikes,identify yourself for the record. If you haven't been sworn in,please let us know because you need to be sworn in before you start speaking. So thank you. And the time is limited to five minutes per person. MR.REISCHL: The first speaker is Lou Perez followed by Luis Cid. MR.PEREZ: Good morning,ladies and gentlemen. CHAIRMAN STRAIN: Good morning. MR.PEREZ: I'm here basically to represent the homeowners and myself. CHAIRMAN STRAIN: Your name is? MR.PEREZ: Lou Perez,sorry. CHAIRMAN STRAIN: L-o-u or L-o-u-i-s or— MR.PEREZ: L-o-u. CHAIRMAN STRAIN: L-o-u. Okay,thank you.The court reporter has to make sure she's accurate in the spelling of your name,so thank you. MR.PEREZ: Basically,I'm going to go on the fly because I've had everything written out for me. But based upon the comments that I've heard this morning,it's interesting to note that the information given by Stanco(sic)and Summit in regardings to the change of the entry for the proposed plan of construction and the parking area lends to great concern regarding water management. The current location between this proposed property,the buffer or transitional property,which will be called later again,maybe 12 years from now,that area floods. We have low-lying area there. Currently, right now that whole area is under water. So by adding-excuse me--by adding so much flat asphalt on that piece of property for parking, that will displace the water table or the capability of the water to settle on the property before it actually goes into the street. And it's a concern,because currently when we have rains like we have in the last couple of weeks,we have water up to the edge of the road. So these are some of the things that concern us. Pa na 12 of d4 Packet Page-45- 1/26/2016 9.A. September 17,2015 The other thing also is the hours of operation that they stated,6:30 to 10:00 at night every day of the week. It's not feasible because we should have,as residents,a day off from their activity,their noise,and ifs not offered to them. It's not offered by them by their hours of operation that they're planning. Another thing,Pe*a,when that was--when that was actually proposed and passed in 1998,key people were involved back in those day. And I have meeting minutes from those--from those planning or review to C-I/transitional,and they made statement that this was the last stand,that this would be transitional transitional property. And now I don't know if--in 2003,that that information change as a zoning code to the Golden Gate Estates property may have affected that. But these words on that—in those meeting minutes and that proposal to the residents of then 10th Avenue Southwest,which is now Napa Woods Way,that was solidified,and that's why we went ahead and allowed this transitional property to occur. And if you were to drive by the Pe±a clinic,you can actually see that it looks residential.The height of the house—of the structures takes away from nothing else on the street. And what we're--the current transitional property,transitional transitional again,what they're planning is 35 feet,no higher. A good mention of the street—of the parking lamps to 15 feet. They should actually meet the exact height of all of the Pe±a construction if they were to be approved. But the hours of operation is just unfair,impossible. And I know what's going to happen. If it's approved,we'll have more flooding. There will be no place for the water to go. The vegetation will be removed,naturally,because you can't have a natural buffer that's already in place for so many years. I personally have been here since 1966. I've had vested interests in Collier County,and my family has taken root in 1984 on that street. So I've seen the growing. I've seen the expansion of Pine Ridge. Water management has not done their job when we ended up getting all the water that comes off of Pine Ridge. So now that water coming off of Pine Ridge onto this parking area has nowhere to go but in our front yards. And when we built our homes,most of the houses back in 1984 had only--did not have the 18-inch requirement from the crown of the road at the baseline of the structure. So a lot of these houses will be now flooding right through their front door because of this situation. And that's one of the issues that I could foresee that will be happening. The other issue is that--a statement regarding the traffic flow. Well,you have within so many feet the entrance and the deceleration lane which they propose,which is fine,great,but given when two churches release their people that are visiting,I do believe that there will be a big difference. And there's also a hospital right across the street with emergency vehicles entering into the traffic way at any given time. So this is a variable that we can't--that we can't actually put a fmger on. The other thing is I have seen numerous accidents as a resident on that corner waiting for that light. That takes a long time most of the time to allow you to leave Napa Woods--Napa Woods Way into Napa Boulevard,which is a short stretch,and then into the four corners traffic intersection in front of the Pena clinic. As a matter of fact,we have done some investigation with the Collier County Sheriffs Office and the Department of DOT,and we have a report obtained from them with five accidents occurring in April alone on the corner of Pine Ridge and Napa Boulevard. A 400-seat complex. They currently have,I believe--I forget what their current size is,but they're moving up to 400 seats,and I believe the parking area that they have for 400 seats--because not everybody will come to church together in a car--is going to overflow. And when they overflow--I understand that Pe±a did not want to have anything to do with this situation,and that's why they originally proposed to Pefa to have egress and entrance to the said property,the proposed property,but Pe±a refused because he didn't want anything to do with that. And I applaud him. But here we are again now,naturally,and we're looking at the same situation again where we were guaranteed that this was it. This was the last property that would be considered a corner property, C-1/transitional. And so if we're going to go from C-1,Pe±a,current construction,and go to a 30,000-square-foot building in comparison to Pe+a,that very--that building pales and is not a transitional. It's actually an up--going up in traffic,usage,and other environmental impacts that we may not be able to Page 14 of 49 Packet Page-46- Ij 1/26/20169.A. September 17,2015 foresee but we will definitely feel,and this will actually reduce the value of our homes yet again because of people not wanting to be in a neighborhood that has this much traffic count in the general area. Properties,naturally,as maybe another 10 years go by and we have another transitional transitional, then we'll end up having the properties continue to go down. That's what I could see. The safety concerns regarding the programs that they have,Pm glad to hear that they don't have a problem with not bringing in the programs that they currently have at their existing location,which I hope that they never do decide to bring in any of those programs and rename them something else after they--if they do get this. But the consensus is that we really,really don't want this,period. And we know why we don't want , it,and we're just bringing up the issues that are pertinent to the Board that--to be reviewed as best possible and looked into. I yield my time back. Thank you. CHAIRMAN STRAIN: Thank you. One question,sir. In part of your comments you mentioned two churches'traffic. Where's the other church? MR.PEREZ: The other church--Pm sorry.The other church is Unitary Universalist Church.They currently own a 10-acre tract at the end,and they actually are on the water management easement to be able to get to their property. They're on the west—furthest west point of Napa Woods Boulevard. CHAIRMAN STRAIN: You mean east? West would be Doctor—towards Dr.Pe±a's. So there's a church— MR.PEREZ: Past Dr.Pe±a's. CHAIRMAN STRAIN: But that's a PUD on an--that's already zoned-- MR REISCHL: Continue south of that. It's to the west and it's— CHAIRMAN STRAIN: Oh,and it's off the road to the south,way to the west behind the--near the interchange. MR.REISCHL: Correct. CHAIRMAN STRAIN: Gotcha,okay. MR.PEREZ: Its next to the I-75 water management canal. CHAIRMAN STRAIN: I understand now. Thank you. That's what I--they're not built,though,are they? COMMISSIONER ROMAN: Yeah. MR.PEREZ: Oh,they've been there for years. CHAIRMAN STRAIN: Have they really? MR PEREZ: And they--I'm glad you asked about that. Pm sorry. I'm going to jump— CHAIRMAN STRAIN: Well,I'm not familiar with the interchange area,so-- MR PEREZ: So I still have a few more minutes,I'm sure,but— CHAIRMAN STRAIN: No. We've asked the question,so you certainly can answer it. MR PEREZ: The situation with their property is when we commented with one of the members of that church,he expressed to us that they only had 250 seats,they had 10 acres,and they had overflow parking on the 10 acres which is still preserve because they didn't pave over it. They basically put parking stops and the road--you turn off into a grassy area,and that's how they managed to keep the preserve and the parking that they needed. But they made a comment saying that we don't know how they're going to get 400 seats with the amount of parking space that they have. That was--I almost forgot about that one. CHAIRMAN STRAIN: How do they get in and out of their property? MR.PEREZ: Well,they actually have to come in either from Napa Woods Way and travel west and go all the way to the dead end and make a southbound turn,left,to get to their property-- CHAIRMAN STRAIN: Okay. MR. PEREZ: --or they could come in from the four corners,1-75,right there at the entrance at Pe±a and come south on Napa Boulevard and then head west on Napa Woods Way and continue. CHAIRMAN STRAIN: Okay. Thank you for that information. I appreciate it. MR PEREZ: Thank you. Paae1Gnfd4 Packet Page-47- 1/26/2016 9.A. September 17,2015 CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: Just a little something to offer. Your--I've looked at the LiDAR topography of this parcel,and it is fairly high compared to other parcels on your sti eet. About three or four parcels to the east there's a slough that's a historical slough,used to be at the Vineyards,come across. My guess is that the water flows there no matter what,and those people are going to--you know,they're getting water from both sides. It's a historical slough. It's meant to be wet. If you have water standing,it's probably because your swales--you're very close to that D2 canal. There's no reason you shouldn't shed water very quickly unless—sometimes they're afraid to drain the slough because they'll drain it too low and kill the vegetation,so they may not be digging--and I know Trinity's probably going to copy this down and talk to somebody at Road and Bridge. They may not be digging low enough to relieve your water problems because,if they do,they'll kill the cypress and the other vegetation in that neighborhood. I don't know that for a fact. Pm just speculating because I've looked at the LiDAR,and you do have some low areas that are away from the canal where water should pond. MR.PEREZ: That is correct. In approximately 2005,two thousand and—or 2004,we had a county commissioner that lived on our street at the time,and he pushed for the swale to be lasered and retrenched because of that situation where the soil had fallen into the swale into different locations,and that was actually blocking the waterway or the natural path of the water to the east where there are large retention ponds just south on Santa Barbara or Logan Boulevard that were done when the Logan Boulevard expansion occurred some years ago. COMMISSIONER CHRZANOWSKI: To the east. So they're not--even though you're,like,right next to the D2 canal,they're not draining you to the D2 canal? MR.PEREZ: That is correct. COMMISSIONER CHRZANOWSKI: Okay. I'm just curious. MR.PEREZ: Yep. CHAIRMAN STRAIN: Thank you,sir. Appreciate it. MR.PEREZ: Thank you. CHAIRMAN STRAIN: Fred,you want to call the next speaker? MR.REISCHL: Luis Cid,followed by Addie Cid. MR. CID: Good morning. CHAIRMAN STRAIN: Good morning. MR. SD: My name Luis Cid,and I live right across the street from that property. And in the first meeting,my concern was besides—they're going to do a commercial property,that it should be a residential. And I bought that property with the idea that it would be residential in that block. And the problem that I have is the traffic—one of the problems I have is traffic and noise and lights. That's going to affect me 100 percent of the problem. Dr.Pe+a gets his garbage pickup once a week about 6 o'clock in the morning. The garbage containers,they're banging. They wake you up that day every day. Now with this property,it's going to have to have two garbage containers,because now the county requires two, one for recycle,one for garbage. So that means that's two days a week they're going to be doing that. Plus,the time of operation they have is pretty much all day,every clay, Sunday. So you will not--we don't have a residential property anymore. We have a commercial property that we'll not be able to live on,and we'll not be able to sell it because our property value's going to go down. The other thing about it is I've been visiting the property where they do the Summit Church now,and I've been counting cars there now,been going there a few times. I was there on September 12th,last Sunday, and I count in off season 162 cars.What that means is,that--all those cars are off season is going to be all over our property in Napa Woods Way or Napa Boulevard,either way,but it's going to be in the street. In an amount of time they're going to be even bigger because I never see a church get smaller. They always get larger. So that's going to affect us in the long way five years, 10 years from now. Also,it's obvious they're going to push the property owner next door to get bigger,or anybody else, to go commercial again,and that's a concern.By the time,they're going to start pushing all of the property Page 16 of 49 Packet Page-48- 1126120169.A. September 17,2015 owners from that side of the street to make it commercial. The property next door,they don't mind—this building goes in there because the guy's a rental,it's a rental house,and obviously he doesn't care because he doesn't live there,but the other property next to it,they do live there. Also,the property they--the building they have is like--I just went also to Fort Myers where they have the main building,and it looked like a compound. Doesn't even look like a house,doesn't look like a rf property. It's a really big construction. They're really ugly. And if you ever see it--you can Google it,and you can look at it too. I went personally to it when I see it.And that property was more than 500 cars,so that's a concern also. And,also,I don't know—I have a neighbor that is--he wasn't opposed to the--to sign the petition. I got over 150 people they oppose the petition,and I have signature for it,and he didn't oppose because I guess he think in the future he can gain from that. And he told me before even I see the plans,the new plans,they will mail it to me--he told me this is going to pass. They already changing.And obviously he knows somebody that he knows it's going to pass. I don't know how he got that information. But Pd like to talk—this information should be public,and we didn't know anything about it. And he approached me in my driveway and he say it's going to pass. Basically he's telling me Pm wasting my time coming here today to(sic)you guys can hear me,my voice. Thank you. CHAIRMAN STRAIN: Sir,you said you had a petition. Did you bring it with you? MR. SID: Petition? I didn't say petition. MS. SID: Yes. CHAIRMAN STRAIN: Oh,I thought you said you had--ma'am,Pm sorry. MR. SID: That's my wife. CHAIRMAN STRAIN: You can't interrupt him. I thought you said you have 121 signatures. MR. SID: Yes,yes. CHAIRMAN STRAIN: Okay. If you do have such a document,we need to have that for the record, if you don't mind. MR. SID: Sure. CHAIRMAN STRAIN: Fred,we're the ones you should be paying attention to,not the applicant at this point. That--how many copies do you have there? MR REISCHL: One. CHAIRMAN STRAIN: Okay. Can you—while we're hearing the rest of the speakers,can you verify the quantity of signatures on that? Thank you. Thank you,sir. MR. SID: Okay. Thank you. CHAIRMAN STRAIN: Ray,next speaker? M.R.REISCHL: Addie Cid,followed by Alfa Perez. CHAIRMAN STRAIN: Thank you. MS. SID: Thank you. Good morning. I am not a speaker,so please bear with me. I just want to say a couple of things in response to Mr.Hancock. The first thing is that we are gathered here today to define logic.According to Mr.Hancock,back in 1998 he said,and I quote,in the minutes--when the Pefa hearing was being done that day,he says,it is illogical--it is an illogical step to transitional--transition a transitional use.This is the last stand. And I know it has been said by the other people today. CHAIRMAN STRAIN: Ma'am,could you just slow down a—ifs me up here. MS. SID: Sorry. CHAIRMAN STRAIN: You're talking really fast,and we really want to understand what you're saying-- MS. SID: I gotcha. CHAIRMAN STRAIN: --so if you could just slow down a little bit for us,okay. MS. SID: Okay. Let me say it again. Pao. 17 of d9 Packet Page-49- 1/26/2016 9.A. September 17,2015 CHAIRMAN STRAIN: Thank you. MS. SID: We are here today to define logic.According to Mr.Hancock back in 1988 with the minutes from Pe±a's hearing,he says,it is illogical to transition a transitional place. So then on the other page,Mr.Hancock,which was then the commissioner,and Mr.Tim Constantine said,I didn't think that you can leapfrog a CT--C-1/T use. That cannot be perpetuated or perpetual--it cannot be made perpetual. You cannot just leapfrog or creep from one property to the other. This Peta proposal is the last stand. So the next,as long as you could assure me today that the property to the east,the property in question today,is and will remain residential. I want to ask you,Mr.Hancock,what changed today? CHAIRMAN STRAIN: And,ma'am,you've got to direct your discussion to us. You can't interact with the other people. MS. SD: Okay. So I would like to ask him what changed. He was the one taking a stand for us over the neighborhood,and now he's the one pushing this our throat(sic). We do not want this project. This is a residential area. The other thing that I want to bring up is one point that he made that there are more similar projects like this one that they're proposing like St.Monica on Immokalee Road. Well,St.Monica on hnrnokalee Road does not have such a hub--busy hub like 1-75 within a quarter of a mile. It does not have a hospital right then and there,and it does not have a major plaza across the street with Publix and other major merchants,two banks and many,many other restaurants and a gym with over 7,000 members. So this is a very,very busy street,very,very busy area all within a quarter of a mile. The traffic issue has not been addressed. One of the things here on the staff report,and I quote—if I could fmd it,Pine Ridge Road--let's see. The applicant--oh,shoot. I will find it. So sorry. CHAIRMAN STRAIN: Fm glad you picked that word carefully. MS. SID: Shoot,shoot. CHAIRMAN STRAIN: I know. MS. SID: May I get my glasses? CHAIRMAN STRAIN: Yes,ma'am;go ahead. MS. SID: Sorry. Okay. A couple of things.The site--on the staff report,one of the conditions that needs to be met for a property to be considered for transitional use,the site should provide adequate buffer. We already discussed that. An off-site buffer,I don't think works, or whatever you call it. The area will be deforested,and we will lose valuable green space. Policy 5 also--5.4,the project is not in keeping with the area architecture. It does not fit. It looks,in my opinion,more like a prison or a crypt. It does not look Iike the Mediterranean styles of our homes. It stands out like a sore thumb. The other thing that I want to say,one of the—the other conditional use is that the area must be--in order to meet conditional use,the area does not—is generally not appropriate for residential use. That area is just fine to put a house,and I'll be more than willing to buy it if it became available and build a house for my parents and live right across the street from me. It's a great area. It has never been for sale or marketed as a residential community. It's just the sale of this property,we don't know when it happened and how it happened because,again,we've always been interested in this property. The other point I want to bring is that--oh,yes;there it was. Page 8 of the staff report. Acknowledge—the staff acknowledges that the Pine Ridge Road access does not meet the spacing criteria. Well,let me tell you,every day I come home,and I have to put my signal light at least a quarter of a mile right from I-75 to make a right into Napa Boulevard. And I put my signal,and then I say a prayer,because most of the time I come very close to being rear-ended. I have been rear-ended in the past right at that corner. But every day when I do that,people don't speed--don't observe the speed limit. There's a lot of aggression, and this is a very busy area. I don't know when the study was done. They say on a Sunday morning;maybe at 5 o'clock in the morning when everybody was sleeping. But this is not right,and I hope that the Board listens to our plea and Page 18 of 49 Packet Page-50- 1/26/20169.A. September 17,2015 r.' sides with us. And I'm sorry I'm getting emotional. But this is--that passionate--I'm that passionate about it. This is my family. My family lives in this street. My aunt,my brother-in-law,my sister. My children have grown up in this street,and hopefully my grandkids will grow up there. That's it. Thank you. CHAIRMAN STRAIN: Thank you,miss. Appreciate it. Next speaker,Fred? MR.REISCHL: There were 118 signatures that I counted. CHAIRMAN STRAIN: Great;thank you. MR.REISCHL: Next speaker,Alfa Perez,followed by--excuse me for mispronouncing--Leelo Bolla(sic). MS.PEREZ: Well-- CHAIRMAN STRAIN: Wait till you get to the mike,now,okay. MR PEREZ: Well,Pm following my sister.Hello,everybody. I lived on the street since 1997. My kids were there from the beginning of their childhood,basically. My little one was two,my oldest was five, and now we--later on,a couple years later we had a girl. Right now she's 15. She takes the bus,and she has to walk from the corner to our house. We do not want any more people coming into our area--I'm sorry. A church will bring at least four more hundred people,according to the seating that they're asking for. That's not only going to be 400 people. When they have special events,Christmas,holidays,anything,people will invite their friends,and they'll come over,and that's going to bring more people into our area. I am very concerned about kids playing on the road. They said they're going to go through Pine Ridge,but they're right there. If you find some individual who has any bad ideas,they could just drive around and go and do whatever they want,and nobody's keeping an eye on them. This is just another place to bring more people into a residential area that does not need this kind of people coming over there. It doesn't matter what kind of people they are. It's just more people. P g We are very content with the quietness and the kind of residential area that we have where our kids could play outside. And I've been there,and I love the area.We're right across the street from a shopping center. We have a hospital. Like my sister said,we have a gym. We have everything right there. We do not need anything else. If we needed a church,we already have one down the street. We do not need another one. And it's nothing against anybody or anything.This is our area. This is our houses. This is our property. We paid a lot of money for our homes,and we do not want anybody changing our area.We're very happy with the way it is,and we do not need or want any more changes. That property that Peta made back then in 1998,they say it was transitional because nobody will buy it. First and most of all,the one next to it,it's never been transitional. It's always been residential. It's beautiful property. It has a lot of greenery. It adds to the value of our property,and we do not want a sea of concrete put over there with 400,200, 100 cars. It doesn't matter. We do not need that,and we don't want that. I speak for everybody who came here from our beautiful residential community. We do not want this. Please hear us out. We do not want it. Please make it somewhere else. We don't care where you make it,but not in our community,not in our property. Thank you very much. CHAIRMAN STRAIN: Thank you,miss. Next speaker,Fred? MR.REISCHL: Thank you. Leelo Bollo(sic),followed by Mike Spertoli. MS.BOLLA: Good morning,everyone. And I especially want to thank Mr. Strain. And I apologize for saying your name wrong,so I'll just say--call you Stan. You can call me Leela. You raised some of the questions that I— CHAIRMAN STRAIN: Please,could you state your name for the record,and probably spell any-- MS.BOLLA: Oh,by the way,I'm Leela Bolla.Pardon,my husband wrote my name,so you know Pa aP 19 of 19 Packet Page-51- 1/26/2016 9.A. September 17,2015 how guys write,right? But anyway--I'm also a doctor,so I'm going to mock my own writing. But I have four or five questions for you. I just want to verify for the record that the gentleman,Mr. Hancock here,is the same gentleman that was referenced in 1998 at the meeting regarding Pe±a's office;that gentleman was a County Commissioner? CHAIRMAN STRAIN: Yes,he is the same gentleman. MS.BOLLA: Okay. Now,I'm surprised. And I want to know if this Planning Commission recognizes the words or the concept"leapfrog"and"creep," and my husband will expand on that. Do you in the planning board still use that verbiage,or do you understand the meaning of leapfrog and creep now as it was done in 1998? CHAIRMAN STRAIN: Occasionally that verbiage comes into discussion. It's not something this board generally utilizes on a regular basis for describing something. MS.BOLLA: But everybody understands the meaning of it,right? CHAIRMAN STRAIN: Yes. I would believe so,yes,ma'am. MS.BOLLA: It's new. And thank you,Mr.ReischI. And I apologize if I'm pronouncing your name wrong. You just were on vacation,and you were so kind,the minute you came back,you gave us the minutes of that meeting. I really thank you for that. The other question I have,one of the site plans Mr.Hancock put up there shows--and you brought it up,Stan,if I may call you that--that their plan actually abuts almost in the middle of that house,the house east of it. So I want to understand why that was presented to us as a site plan. And they have already negotiated,and Mr.Hancock has appraised(sic)us that he's in negotiations with the next neighborhood. So now,the last stand--and I'm quoting and my husband will quote—County Commissioner Hancock and County Commissioner Constantine,that Manuel Pe±a's office is the last stand of transitional use where the commercial property west of Napa Boulevard and this building--and the road—the road cannot be considered transitional or anything. And these are--Pm not saying verbatim,but my husband will, Mike Spertoli. And the transitional is the last stand,and Pin quoting Mr.Hancock right now. What happened to their word? And if you're giving out your word today to us that this will be the last stand,what is the property next to--that will be secretly sold most likely to this company? Because they're--I don't see. Pm a common-sense person. I'm a doctor. I understand numbers and people. You can't cram 400 people into four acres when quarter of a mile down the street a church has bought 10 acres,literally quarter of a mile west of us, 10 acres,and most of their parking is out on the street. Nobody goes there because that's a dead end.Everybody's going to come down our street. Everybody's going to go down Pine Ridge. So the logical thing is that Summit Church bought this property with the understanding they're going to do the same thing and bulldoze their way into the next home. And there are two other properties,then ifs my house. So pretty soon I'll be living in a strip mall that I did not bargain for. The other question I have--Pm a doctor.When the Cleveland Clinic Foundation wanted to come into this town,there was a discussion about a certificate of need. I know a hospital is not a church,but the point is,if we wanted to pray and we have a church a quarter of a mile down the street,where is the need for another big church right in our community in a residential area? And one of the things I want to point out--and I don't need to preach to the choir. You are land development people. You are experts at this.This church has bought commercial property at the cost of residential property,and they will continue to do so based on their own actions which speak against their own words from 1998. Same gentleman is now counteracting his words. And correct me if I'm wrong,he was very emphatic as a county commissioner,this is the last stand.Nothing else is transitional. The next--east of Pe±a's property is residential,in his words. So the question is-- CHAIRMAN STRAIN: Ma'am,you said--to correct you. There is one thing you haven't--now, Pm not saying it's right. Pm just telling you the way the process works. In those same minutes it was Mr.Hancock or Mr.Constantine that said they cannot bind the hands of Page 20 of 49 Packet Page-52- 1/26/20169.A. September 17,2015 future boards. And what that meant was a prior commission can't take a vote—and it's always going to be subject to potential change down the road. So from that aspect,whatever they said at the time they were commissioners was consistent with while they were on that board,but it may not always hold that way with new boards. And I'm not saying this is going to change. I'm just telling you the opportunity's there,so... MS.BOLLA: Mr. Strain,that's exactly my problem. If you allow this church to go in here,what is going to stop them to buy the next property and the next three lots,if not them,someone else,and we'll have the same conversation every two years? CHAIRMAN STRAIN: No,you're exactly right.I'm not saying you're wrong. I'm just trying to tell you— MS.BOLLA: Yeah. CHAIRMAN STRAIN: --guarantees are not politically carried on from one board to the next. That's the difference. MS.BOLLA: I completely agree with you. That is why the last stand was Pe±a's office. You cannot allow a commercial entity like Summit Church—maybe Fm saying the politically incorrect word,but it is a commercial property. It will be viewed as a commercial property. If they build a church and knock it down,it will be sold at commercial value. So when Mr.Hancock says we are taking a financial hit,it's not true. They're making a quadruple leap,quadruple leap in their cost,because on Santa Barbara I asked;an acre is$1 million. They bought the property for 200,000;$50,000 an acre. Go down Santa Barbara a little bit south of Logan,you're going to pay--they would have paid$4 million for land. So they're--no,they're not losing money when they're trying to appease some of us. And,again,Addie brought up the issue. They said they did traffic control,and there was no traffic. Okay. You could do it at midnight in September,and anybody that's lived in this town through one season knows what seasonal traffic is right across the street from Pine Ridge. And I want to know what month and what time you did your traffic assessment to show that there was no problem. And me,personally, I was never offered your pastor or your personal telephone number to contact you because, if you did,I would have called you. CHAIRMAN STRAIN: You need to direct your comments to us. And thank you. We certainly understand what you're saying. MS.BOLLA: Thank you. I thank you for your time and for your comments earlier. COMMISSIONER CHRZANOWSKI: Well,there's one thing you said and somebody else said. Now,this concept kind of floors me. I'm a Catholic. I only go to Catholic churches. I travel a distance to go to the church. It's not like a 7-Eleven. You know,if they build a 7-Eleven here,you go there.But if you're a member of a certain church,you know,just because they built a different--Pm right next to the Greek church. I don't go to the Greek church even though it's right next door. So,you know,the concept that there's already a church in the neighborhood,everybody should go there,just floors me. No offense. MS.BOLLA: No. I don't take offense,because Fm not Catholic. Pm a Hindu Brahman,but I believe in every religion and every religion's right to pray. And so I completely get it. I know--none of us are members of this church either. And my question is,in extension to your thought--and I understand. My husband belongs to San Marco Church in Marco Island. We live in Naples. And he attends there. He's a member.He's a lector. I get it. My father--my adopted father is Jewish. I understand every religious aspect. I went to a parochial school for 12 years. A lot of the people in this room probably didn't go so long. I was raised in a Catholic environment. COMMISSIONER CHRZANOWSKI: Pm not talking different religions. What I'm saying-- MS.BOLLA: No,no,no. I understand your point. COMMISSIONER CHRZANOWSKI: What Pm saying is it's not like a 7-Eleven. Just because Aa aP 21 of d9 Packet Page-53- 1/26/2016 9.A. September 17,2015 there's one in your neighborhood doesn't mean everybody can go there. MS.BOLLA: I understand. COMMISSIONER CHRZANOWSKI: You have to understand that people have to build churches where they can. MS.BOLLA: Where they believe,and I completely understand that,because even in Hindu— COMMISSIONER CHRZANOWSKI: It sounds like you don't. MS.BOLLA: Well,I'm going to clarify it,because I do understand it,because Hindu temples are the same. A seed temple is also a Hindu temple,but a Hindu Brahman won't go there. I will. I believe in every--I believe in every religion. I go to all churches. In fact,I just came from Rome. My number one dream was to go to the Vatican and receive communion from the Bishop there,and I did. And Tm a Hindu Brahman. So you do not know how I feel. But I'm telling you,I do believe. And I completely agree with you that the people who would go to Summit--or the people on our street may not go to the church here. My comment was based on the traffic flow. If a church community that has-- COMMISSIONER CHRZANOWSKI: It was the way you worded it. MS.BOLLA: Then I'm going to re-correct my statement. Two-hundred-people church, 10 acres; 400-member church,four acres. How do the numbers add up? That's my question? CHAIRMAN STRAIN: Okay. We appreciate your comments,ma'am,and we will proceed. MS.BOLLA: Thank you. CHAIRMAN STRAIN: Thank you. And right now we'll take a 15-minute break,and we'll return at--well, 17 minutes-- 10:45. (A brief recess was had.) CHAIRMAN STRAIN: Okay. If everybody will please take their seats. Were going to resume the meeting. Fred,we need to start the meeting back up. Sir,would you just finish. Thank you. MR.KOBERLEIN: Thank you,sir. CHAIRMAN STRAIN: Just so everybody—so we let you know what the process is going to be for the upcoming hour or two,we will break at a little before 12,maybe five to 12, 12 o'clock for lunch for one hour,and then come back after that. I would suspect the application that's in front of us now might final before that time,and we'll get started on the second one,which is the Royal Palm Academy,most likely,before lunch,and we'll continue it till after lunch. With that,we were leaving—left off with public speakers. And,Fred,would you call the next public speaker,please. MR.REISCHL: Sure. Mike Spertoli followed by Jorge Rhodes. MR. SPERTOLI: Thank you. My name is Mike Spertoli. Mr.Chairman,Planning Commission members,and planning staff,let me first say that Summit Church deserves a good home in Collier County,a place where they can practice their faith and continue the good works for both members and the community. I'm not a member of Summit--I'm a Catholic--nor do I know of any members living on Napa Woods Way,but that doesn't matter. What matters? Is this location a safe and suitable site for Summit and for the neighborhood? I say no. And I offer you the following reasons why:One,with regards to the Growth Management Plan for consistency. As a transitional property from commercial to residential,the property should phase or transition between high-density commercial and low-density residential. The applicant has attempted to satisfy the code,but does it? I say no due to the size,capacity,and the contrast within this neighborhood,but I'm not an expert in land use. I do have expert testimony,sworn testimony of a witness certified by the Collier County Commission on January 13, 1998. This date is important because the Pe±a project hearing for rezoning from residential to commercial was held that day. Page 22 of 49 Packet Page-54- 1126120169.A. September 17,2015 The Pefa project has created this conditional use/transitional opportunity for the Summit project. The planning expert,a Mr.Robert Duane,expanded on this very issue of transitional use.And he states,and I quote,typically transitional uses are identified through a step down in height or reduction in development intensity,period,wall treatment,berms,landscape buffers,and the like to soften the edge. So let's look at the facts. The Pe±a project, 12,000 square feet,single story in two buildings,a Spanish-style or mission-style office plaza.They have parking for 35,40 vehicles,maybe 100 visitors in season. The Summit project as proposed consists of a monolith two-story,30,000-square-foot facility with 400 seats,and parking,200;200 vehicles. Now,Mr.Duane offers an easy guide for laymen like myself to follow. The Summit project doesn't reduce activity or intensity. Indeed,it expands both exponentially. How does this project--how is this project consistent with the Growth Management Plan? I believe Ws not. Number two,during the Pefa review,two Collier County Commissioners back in 1998 had expressed heartfelt concerns for the residents,then 10th Street Southwest,now it's Napa Woods Way,and the objections to the very issue we're actually dealing with today,the creep and the leapfrog. Now,Commissioner Constantine voiced his concern about creep of commercial up that road and that the folks that live there want some assurance that it's not going to turn into several commercial properties and all the impacts that that has. So I need some assurance on how we can address this issue. Now,Ms.Lane,reported back,well,we're transitioning another commercial C-1 type which is next to another single-family. Commissioner Hancock: Well,that defies logic because C-1/T,when it was created,it was supposed to be the last stand. Commissioner Constantine: That's the word, "transition." Commissioner Hancock: Yes. And so I understand that it can happen,but it's an illogical step to transition a transitional use. Ms.Lane: Someone is going to have to take the stand that the next one--that we're going to say no, we're not going to amend the Comp Plan to allow that. Commissioner Hancock: I didn't think you could leapfrog C-1/T uses. There are places in the Land Development Code that say you simply cannot perpetuate time after time after time. And,you know,we can't legally bind future boards,but if this were to approve today,it would--I would only support it if it's stated on the record that this is,indeed,a transitional use to a residential use on the east side,and that being on the record makes it very,very difficult later from transition--to transition the transitional use.It defies logic, so I'm comfortable with that. So 17 years ago then Commissioner Hancock was rightfully concerned on mission creep,Pll call it, future encroachment into our low density residential community. Point number three: Ingress and egress.Although the applicant has addressed one of our main concerns by removing direct access onto and out of this property via--on Napa Woods Way,I do not see any comment as to the close proximity of this property exit to the Napa Boulevard intersection. I'll guesstimate 150,200 feet. Now,I travel this route daily. Typically,Im sitting waiting for the light to change green,but when it turns yellow,I see vehicles well exceeding the posted speed limit trying to make that light. I don't know if they're--I wouldn't ask for a show of hands,but I presume we all may be guilty of that sometime. But consider,the sun. Let's see. As you know,Pine Ridge runs east to west. During peak hours traffic,around 5 p.m.,you've got the sun setting lower down towards the horizon. Those people exit the property;the sun will be directly affecting their ability to see oncoming traffic.And I'll tell you,my heart breaks every time I hear the screech of tires brake—trying to brake and the sound of metal crumpling I hear it from our house. I say a prayer for those passengers. The only mitigating factor is that we have a very fine emergency room just minutes away from this particular site. And I think--I honestly think that this is avoidable if you say no to this project. And,in closing,I close with this fmal request Mr.Chairman,members of the Planning Pa 6P 2 of 44 Packet Page-55- 1/26/2016 9.A. September 17, 2015 Commission,I.respectfully request your careful consideration as to the material defects in this project on Napa Woods Way,that you come to the same conclusion as two Collier County Commissioners in 1998 and a vast majority of residents of Napa Woods Way and I that this plan calls for far too much,too close,into our low-density residential neighborhood,and it belongs in a safer location for both their members,residents,and the visitors in Collier County. Please be that next commission to say no to mission creep,no to leapfrog, and no to this project. Thank you. CHAIRMAN STRAIN: Thank you,sir. Next speaker,Fred? MR.REISCHL: Next speaker,Jorge Rhodes,followed by John Pereira. MR RHODES: Good morning,gentlemen,ladies and gentlemen. I am not a public speaker,nor am T an eloquent speaker by any means. I am just a typical American,and I want to raise my concerns,as do my neighbors,that I can't see any better use for that land than residential. I think that our neighborhood would be best served— CHAIRMAN STRAIN: Move a little closer to the mike,sir. Thank you. MR.RHODES: Oh,sorry. I believe that that land would be best used as residential. I think it would be the safest. I think it would be the best for the neighborhood as far as safety,as far as property values. I don't see any gain in any sort of commercial structure added to that area. I just don't. I'm not a professional. You-all are. But I just don't see any better use for that land than residential.I think the neighborhood would be best served by some beautiful homes there. I've been living there for 21 years,and it's a great neighborhood. I think it's one of the most comfortable neighborhoods in that we--at least on my side of the street I have woods in the back,and when--but yet I have everything I need across the street. It takes me a couple of minutes to get across the street if I can--if I can catch the green. I have Publix;I have Winn Dixie;I have everything. We all have just about everything we need. We have a beautiful neighborhood there. And I think that we--with four homes,three or four homes,whatever would allow there,would be--the neighborhood would be better served. And my hope is,and the hope of all my neighbors,is that your panel or your planning board,I guess-- CHAIRMAN STRAIN: Commission,planning board. MR RHODES: --planning board would please consider our situation. Put yourself in our position. If you had children,if you had family,dogs,please,that's all we ask. All we ask is that you give this serious consideration;put yourself in our position and see why anything else than residential homes would be better. I don't see it. Again,I'm not a professional. But I think that the best use for the remaining property there would be residential. And I would just plead with you-all to put yourself in our position and give this serious,serious consideration that any commercial building there is not going to enrich our lives. That's about all I got to say. CHAIRMAN STRAIN: And one correction,for the record. You had indicated that you thought it would be fine for maybe three or four homes. That would be widely and strongly inconsistent with the Growth Management Plan for Golden Gate Estates.The smallest lot you currently can subdivide to is 2.25 acres. That would not support more than two homes on that location if they could use the old acreage that was originally platted with that property. I would never want anybody to think that we can start seeing more homes going on Golden Gate Estates lots. It would ruin our lifestyle out there. MR.RHODES: Oh,that would. No. Of course.I'm sorry. That was my mistake. CHAIRMAN STRAIN: No. I just wanted to make sure you understood that piece of it. MR.RHODES: Then two homes. I'm just trying to get the point across that residential--I think that the best thing for that--the area in question are residential homes,and I would hope that you-all would put yourself in our position and give this serious thought that there's nothing to gain by having any commercial structure,especially a structure of that size. That's all I've got to say. And we're putting our hope and faith in you-- Page 24 of 49 Packet Page-56- 1/26/20169.A. September 17, 2015 CHAIRMAN STRAIN: Thank you,sir. MR.RHODES: --to do the right thing. CHAIRMAN STRAIN: Appreciate it. Thank you. Next speaker,Fred? MR.REISCHL: Next speaker,John Pereira,followed by William Koberlein. CHAIRMAN STRAIN: How many speakers do we have remaining? MR.REISCHL: Those are the last two. CHAIRMAN STRAIN: Okay. MR.REISCHL: Last two registered. MR.PEREIRA: I want to thank everybody for their time;thank you for everyone being here. I just wanted to—I don't want to speak for Tim because I know Tim's probably going to address some of the things that have been brought up in some of the neighbors around that area. But I do think it's important that you hear from the pastor of the church;I think that's important. When we—I just wanted to address a couple of—a few things. When we looked--.I just want to say,when we looked--when our church looked at the property,the only reason we looked at the property is because we saw that it was zoned in such a way that would possibly make this an opportunity for us to build a church on there. I want to make sure we understand and have it for the record that by no means was it a transaction done that was underhanded or under the table in any means. Summit Church has a good reputation in the area,and we would never do anything to compromise that The reason why we actually even have moved forward in even considering this land is because of the due diligence that was done through the traffic,through all the things,abiding by the guidelines that was set up by Collier County. So I just want to--just want to make that known. I understand that by no means does that mean that we are going to build but just want to make sure that--on the record that everyone understands that the only reason we are at this process is because of the things that have been decided on in the past in regards to that property. We do desire to be good neighbors. And I apologize to some individuals that may have not received that--that letter as well as from Stantec. We did send it to all the addresses that were provided from the neighborhood informational meeting along with,as was stated,my direct line. Obviously I would have loved to have the opportunity to speak with any individual that even spoke today to be able to address their concerns,whether that's meeting with them face to face or over the phone. And we did provide the opportunity to do that. I think we can see,though,that it's not an issue as much of compromise but an issue of just not wanting it there at all. And I think that's been made--that's been made clear,and I just state that to say that it's probably the reason why we didn't hear much back from anyone is because of the stance that the majority of the people are making. As far as times of operation,just want to make clear that that's windows of time. I can assure you that our pastoral staff doesn't get paid enough to be there from 6:30 to 10:00 p.m.,I promise you that,nor the capacity. But that gives us windows of time to—maybe to do a men's or women's bible study in the morning, which is not at the capacity of what a Sunday morning would be. So just want to make that--and let the residents know that as well,that those are just--that's just a window of time. By no means are we going to be there from 6:30 to 10:00 p.m. I might be looking for another church if that was the case. As far as expansion,I think it's important that everyone on record and you-all and the residents hear our mission. Our philosophy in how we go after starting new churches is we firmly believe that we can go better after our mission and present the gospel of Jesus Christ by starting smaller churches to more areas of the Naples and Southwest Florida community rather than building one large congregation to where everybody comes.We believe that its more important for us to scatter than to gather. So expanding this property any further than what it is now does not even fall in line with our mission statement. So I think that's important to note. As far as the building look,I apologize that some individuals don't like the way the building was PaaP 25 of d9 Packet Page-57- 1/26/2016 9.A. September 17,2015 designed up at our Estero campus. We understand that there's different guidelines that have to be abided by in Collier County. So I can assure you that all compliances would be done in such a way so that you don't have--I can't remember how it was even described--but a gray building that is distasteful to some. As far as traffic,traffic continues to be brought up. I think on the site plan--I just want to reiterate some things--because I know other things have been reiterated--that we have taken the steps to alleviate the traffic on Napa Woods Way. In fact,it's not even advantageous for any of our members to travel on Napa Woods Way to even get to the property. So I just want to thank you-all for your time,thank you for the residents being here expressing their concerns,but I think it's important that you hear from one of the pastors on some of these issues as well. CHAIRMAN STRAIN: I have one question for you.You mentioned due diligence,and in a prior life that's what I did for a profession. And I worked that in different parts of this country and sometimes outside this country. And my first thing I would do is pull up all the public records,and of value were minutes of the public records when they were available. Not all jurisdictions have them,and they're not easily available. In your due diligence,since the record is public and it is clear and it's on the--easily attainable on the website, did you find the comments made by Commissioner Hancock,Commissioner Constantine, and the other commissioners regarding Dr.Pe±a's property at that time? MR.PEREIRA: No,we didn't. CHAIRMAN STRAIN: Okay. Thank you. MR.PEREIRA: Thank you. COMMISSIONER EBERT: I have a question for you. CHAIRMAN STRAIN: Diane? COMMISSIONER EBERT: They're saying that this property was kind of bought without being for sale.How did you acquire this property? Was there a for sale? I mean,was it— MR.PEREIRA: Yeah. Dan OBerski,who works for TCG,a commercial real estate agent,is the one that let us know of the property. So we had a real estate agent that was looking for possible properties for sale,and so he brought this one to our attention. So that's how we found out about the property. COMMISSIONER EBERT: So it was listed as-- MR. PEREIRA: Yeah. I can't comment as far as how he--how he saw that property,but he carne (sic)aware of that property and then presented it to us as a church. COMMISSIONER EBERT: Okay. Thank you. MR.PEREIRA: Thank you. CHAIRMAN STRAIN: Thank you,sir. Next speaker? MR.REISCHL: Your fmal registered speaker is William Koberlein. MR.KOBERLEIN: Thank you very much for seeing me. As of 2:40 in the afternoon yesterday,I just found out I had cancer, so I'm not very prepared. My legal counsel from New York is tied up in Atlanta. They left at 6:30 this morning,and they are not here. That's when my phone rang;they were calling me. And I apologize for bothering and whatever. I am a very blunt individual. I am the retired president,due to the cancer,of Chase Manhattan Bank worldwide,okay. My parents have been--my parents and grandparents have been natives of Collier County since 1937. Andrew Carnegie,Ford,and my grandfather--my great grandfather created International Harvester Bank. Before they all died,they had one thing in mind;they loved to hunt. Okay. Last—two years ago we dedicated,with no cost to the state, $2.9 million. CHAIRMAN STRAIN: Sir,do you have something to contribute to the issue at hand? MR.KOBERLEIN: Yes,I do. CHAIRMAN STRAIN: Can you move towards your comments that are relevant to the discussion we're having here today? MR.KOBERLEIN: Okay. Yes,I do. Yesterday coming home at 2:40,coming out of the play--school on the right-hand side of the road, Page 26 of 49 Packet Page-58- 1/26/20169.A. September 17,2015 turning into where I live in Milano--I have eight units in there. I've got 16 people total that either live there or rent. And make a long story short,a young boy got hurt. CHAIRMAN STRAIN: Sir,where's Milano? MR.KOBERLEIN: Milano is right across the street where you put your sign to say all this stuff is coming. CHAIRMAN STRAIN: Pm sorry. Does anybody know where Milano--more of an accurate— MS.ASHTON-CICKO: He's here for the Royal Palm Academy. MR REISCHL: Royal Palm Academy. CHAIRMAN STRAIN: You're on the wrong--you're talking--sir,that sign was up for the hearing that's coming up next,not this one.You're on the wrong subject matter. MR KOBERLEIN: Well,why I'm calling on this—I talked to the gentleman over there. This I did not see. CHAIRMAN STRAIN: Sir,you've got to use the mike. MR.KOBERLEIN: I'm sorry. That I did not see or hear. CHAIRMAN STRAIN: That isn't on today's discussion. That's an example of a project up the road from today's discussion. Today's discussion is not on that overhead. MR.KOBERLEIN: The discussion,okay,is this.With me,being what Pm permitted to do,I have bought numerous pieces of property in everywhere from Lighthouse Point,Florida,Palm Beach for my father and grandfather's blind estate. If this area does not go through,okay,and you do not take and make a church or whatever involved,I would be interested in paying—Pm permitted to pay 125 percent of market value. And I'm just saying I did not know anything about it,and I asked the gentleman to do it. And,Mr. Strain,I'd like to thank you for--on the first person that you talked to,you were concerned about wildlife and basically the way the county was back then and when I was a boy. I'm 62 years old at the present. So I will talk to you concerning the other aspect of things. But I wanted you to know one other thing. I live on Milano;I come down Livingston. From Livingston to Radio Road today,on the left-hand lane 151 cars passed me by. It is an extremely dangerous road. It is not dedicated road by the state or the federal government, so it's the county's responsibility,and that's just going to raise our taxes. CHAIRMAN STRAIN: Thank you,sir. Fred,do we have any other? MR.REISCHL: No other registered speakers. CHAIRMAN STRAIN: Are there any other people who have not spoken that would like to address us on this matter? (No response.) CHAIRMAN STRAIN: Okay. With that,we will move then back to the applicant for rebuttal. MR.HANCOCK: Again,still good morning. A couple of items that I wanted to address that were raised today. First and more foremost,water management. Mr.Chrzanowski is correct,this site is predominantly what's called an exporter.It's a little higher than the surrounding land,so it really doesn't serve the purpose of holding water from other properties at this time;however,that calculation will be performed in detail as a part of the water management permitting. If the property does import water from other areas,it will be required to continue importing that water and to contain it on site in addition to its own water management. So the idea that the development of this property will in somehow,some way flood other property is not only inconsistent with required regulations but is simply false and does not,pun intended,hold water. There was a petition provided with 118 signatures. That petition expresses significant concern with regard to traffic on Napa Woods Way.Of the 118 signatures, 103 of them were before our neighborhood information meeting. Fifteen were after. None of them occurred after the site plan was changed moving access to Pine Ridge Road. I encourage you to look at the cover sheet of that petition. I would put to this board that the basis for Pa sre 27 of 49 Packet Page-59- 1/26/2016 9.A. September 17,2015 that being--and Mr.Reischl's putting it up. The basis for this petition focuses almost primarily,if not singularly,on traffic through a residential area. So,yes,we agree. We moved the access,so all 118 signatures,based on this basis,are getting what they're looking for with regard to traffic. We have no trips coming through Napa Woods Way. We have no trips on Napa Boulevard. We simply are turning in and out of a six-lane roadway into our site. Our access is some 500 feet to the east of Napa Boulevard. We are including a deceleration lane,and the majority of our trips will be at a time when the roadways are at some of their lightest traffic,which is Saturday mornings. Our traffic study was taken on May 10th,2015,between 9:30 in the morning and 12:30. We could have taken it earlier had we known the Transportation Department would request it. But since our access was coming through Napa Boulevard at the traffic signal,it was not required until we moved the access to Pine Ridge Road. And we took the traffic counts in what is called shoulder season. Probably through Easter ifs probably peak season. Going into about May 15th is shoulder. So we would expect traffic might be a little bit worse than that during season,but not a lot. I found it interesting that--the discussion of the 1998 minutes and records from the hearing on Dr. Pe±a's site. Prior to accepting Summit Church as a client,I reviewed those minutes. I wanted to make sure that anything that I had said or pushed for was not inconsistent with the request before you today. One of the things that is being mistakenly repeated over and over and over today is that Summit Church is a conditional use--Pm sorry--is a commercial use. Churches are not commercial uses. They're not classified as such. They're not valued as such. They're not appraised as such.Their overall average daily traffic is substantially lower than even 12,000 square feet of medical. They are off-peak uses. They, in essence,are quiet and dark the vast majority of the time. So to say that a desire in 1998 to ensure that a Comprehensive Plan amendment that was redesignating an estates zoned property to a commercial use and that a concern that we don't continue to have commercial uses on down the line on Pine Ridge Road is somehow inconsistent with this application is false. Conditional uses were permitted on estates zoned property in 1998. This property could have come in asking for a church in 1998. And in 2003 it got a little bit tougher to locate a church in the Estates. Because churches were being located in a various--a variety of areas in the Estates,a citizen committee took a look at that language and made further refinements. The refinements that citizen committee made,which was adopted as a Comp Plan amendment in Ordinance 03-44 in 2003,further limited the location of churches as conditional uses to properties that are bordered on one side by commercial and one side by residential,and that language specifically states that you cannot use an existing commercial or existing,excuse me,church site as the basis for requesting another church site. So if this church goes in,the conditions in 2015 are the same as they were in 1998 in that,as Ms. Lane stated on the record immediately following the comments that some folks so want to put out there as a conflict,the following: Pm saying--and this is Ms.Lane--they can come in and request it,and the Board or someone's going to have to take the stand that this next one we're going to say no. And I quote,we're not going to amend the Comp Plan to allow that. This is not a Comp Plan amendment. As a matter of fact,the Comp Plan was amended specifically to target properties such as this as being appropriate for transitional uses. So the request before you today is entirely consistent with your Growth Management Plan and not altogether inconsistent with the comments in 1998 that talk about commercial creep. There's also a statement unsubstantiated that there are negotiations with the property owner to the east. That also is entirely false. This board heard at one time a church expansion project on U.S.41 called Covenant Presbyterian. There were significant concerns about traffic and impact of traffic. And Covenant Presbyterian lies on a street network that is directly connected to residential communities. I'll hold out to you that Covenant Presbyterian not only has been a good neighbor,but the concerns and fears have not been founded about it destroying the neighborhood. In fact,I hear a lot of compliments about the operation of Covenant and how their new building Page 28 of 49 Packet Page-60- 1/26/20169.A. September 17,2015 actually promoted compatibility. I understand fear of the unknown. We all do.But there's no evidence,there's no record that's been created that says a church destroys neighbors,particularly a church that has access on a six-lane arterial roadway,doesn't put a single trip on a residential street and,if planned appropriately,will be all but invisible from someone walking their dog along Napa Woods Way. The church went forward with this project as churches are wanting to do. They have faith. They have faith on decisions based in the facts. I hold that same faith,and I believe that if there are matters that can be undertaken to further address compatibility,my client stands ready,willing,and able to address those issues today or at any time in the future. And I thank you for the time to provide additional comments. CHAIRMAN STRAIN: Tim,some comments to your comments. When you said that you're not changing the Comp Plan in response to the statement made in 1998 that there would be no Comp Plan changes that would be more or less affecting this,yes,there was. I was chairman of the committee in 2000 to 2001 that put the changes through that you—you made the comment about in 2004. And we did change the Comp Plan, so the Comp Plan did change in relationship to that statement made in 1998. Also,the transitional—the commercial—the C-1/T was established,and I'll read the ordinance, 92-73. The C-1/T commercial/professional transitional district is intended to apply to those areas that are transitional located between areas of higher and lower intensity development that are no longer appropriate for residential development. The uses in this district are intended as an alternative to retail and meet the intent of the C-1/T commercial professional transitional district. It certainly seems to indicate that the transition to residential is intended to be this particular property. And I understand your argument about the Golden Gate Master Plan,and I saw where comprehensive staff weighed in on that. I would—I'm trying to be tactful. I would suggest that they don't have as much information about the intention of that plan as I do. And I'm not certain that what they've come up with is an accurate interpretation of what we intended in those days that that was put together. But that's all I needed to say on that matter. I just wanted to make that statement,so... Other than that,thank you,Tim. I'll see if we have any other comments from the Planning Commission. (No response.) CHAIRMAN STRAIN: Okay. With that,we'll close the public hearing,and we'll entertain a motion. COMMISSIONER EBERT: Excuse me. I do have one question. Is there more property on Pine Ridge between there and Napa Woods Lane for sale that you know of, or is it just all homes all the way down from there on? MR.HANCOCK: It's a mix of homes and vacant lots,but this is the only property that would qualify for transitional conditional use. The balance of the properties,because there's no other commercial on Pine Ridge Road,would allow the adjacent property to even request a conditional use. This is the only one. COMMISSIONER EBERT: Okay. Thank you. CHAIRMAN STRAIN: Okay. With that,we will go into more discussion. Thank you,Tim. Does anybody on this board have any discussions,any comments,or does someone know where they'd like to go with this? (No response.) CHAIRMAN STRAIN: Well,if you all are going to be quiet,then I'll—I normally strive for compromise and,Tim, I met with you,and I have great respect for the church that you represent or that was--that you're here for today. And yesterday I told you if we could find a compromise,I had a lot of ideas to provide to you,depending on how the neighborhood reacted to it. I haven't heard a positive reaction today from the neighborhood. I'm an Estates resident myself and,as I told you yesterday and days past,I would have welcomed a church near to my home because they seem to be,at the time,great neighbors. But churches,like gas stations,have changed in what they do and how they affect parties. Pave 29 of 49 Packet Page-61- 1/26/2016 9.A. September 17,2015 We know that gas stations have gotten to be much,much larger and much more active,and so have churches,and that's not bad for churches. They do--I mean,their services to the community are phenomenal,but they may not work in all neighborhoods. And I have to respect the people that have spoke today in concern for the neighborhood because I Iive in a neighborhood,and rd be just as concerned without adequate protection from some of the churches that could go in there. I don't know how to get yours to a point where it's more acceptable to that neighborhood. I offered to you yesterday that if you needed more time to try to do that,rd more than welcome that.The best solution to anything is a compromise that works for all parties. Rarely does this board turn something down without stipulating a compromise. But I don't know how to get there today,Tim.Pm just not there. I've heard a lot—I know that our country is wrought with politicians who say things,and nothing turns out the way they say it. And maybe it's time we started acknowledging and sticking by commitments made by political parties at a certain time and date,which is what happened in 1998. If the neighborhood was convinced that this could be a compatible asset to the neighborhood,it might be easier to understand. But at this point,rm still concerned about it,as I was yesterday and as we talked. And I know you went to great lengths to provide a lot of compatibility standards to increase the compatibility need for this church,but the mere fact that the church is more intense than the property next door confuses the issue of transitional,and I just can't get there with what we've got on the record today. So that's where I'm coming from. Stan? COMMISSIONER CHRZANOWSKI: Yeah,that's my only comment. The site appears to be more intense than--every time a church comes in here,no offense to the people in Golden Gate,but the people in Golden Gate show up and say we don't want a church in our neighborhood. I don't understand that. Like Tim said,they're very quiet,nice neighbors. CHAIRMAN STRAIN: Well,they used to be. COMMISSIONER CHRZANOWSKI: But--well,they used to be. And I can't think of one that isn't. CHAIRMAN STRAIN: The— COMMISSIONER CHRZANOWSKI: Okay. CHAIRMAN STRAIN: I've got two of them that have--I've gotten complaints about that rm just shocked at what I've learned,so... COMMISSIONER CHRZANOWSKI: But the site does look very intense compared to the Pe+a site next door just,you know,based off your plan. So rm kind of leaning with Mark right now. MR.HANCOCK: Commissioner,if I may? CHAIRMAN STRAIN: Sure. MR.HANCOCK: And,obviously,a denial here today,we could move forward to the Board and take our chances. That's not our preference. I don't know that reaching out to the folks in the community is going to bear any fruit. 1 don't know how to deal with"we just simply don't want you." We can put up bigger buffers. We can do more landscaping. We can change access. We can reduce the number of seats. We can reduce the footprint. All of those things are possibilities,but you need someone on the other side who is at least willing to sit down and discuss those possibilities with you. And our attempts to reach out and ask for that open communication,we just don't have anybody who wants to talk to us. And so,you know,obviously,getting a denial here today is not our desire. I haven't heard anyone who wants to discuss anything with us. CHAIRMAN STRAIN: You know,Tim,you did say something about the petition,and you made the comment that--the signatures on the petition was received prior to the new plan,and you haven't received any signatures--or you haven't—you don't know of any signatures on the petition that are after the new plan. And I don't know how many people here today realize the plan that was discussed today,because Page 30 of 49 Packet Page-62- 1/26/20169.A. September 17,2015 some of the compatibility standards you put on the table were newer. Pm not trying to get your hope up falsely,but Pm grasping at straws trying to figure out a compromise that might work,and I don't know how to get there with this one. I honestly don't. And I think this board has always gone to the'nth degree to try to fmd solutions to every application that's come before us that somehow we can get two properties that aren't on the same page,two groups,and somehow get them closer. I don't know how to do that with what I've heard today. If you want to--if you want time to try again,you're more than welcome to it. And I just would have to hope we'd see different results and different reactions when it would come back then.But at this point,I don't know what else to do. MR.HANCOCK: At this point,I'd rather request a continuance and take a look at some of the matters that have been raised today that have not been addressed or that the residents have not had a chance to even consider or look at. Can we do more? I think you can always do more. So I'd rather have an opportunity to take a look at it and see if there's some things we can do to address the intensity of the site. Are there things we can do to bring a little more green space into the site and a little less,you know,asphalt parking? I heard that as a concern. Can the footprint or the total size of the building be refused and still achieve,you know,the goal of what we want to do? That may be,as well,a possibility. And can we address the issue--when you say more intensive,let's look at the full spectrum and let's see,are we really more intensive than a 12,000-square-foot medical operation next door? If so,then we're not transitional. I would agree with you. But if we're not-- CHAIRMAN STRAIN: The word--and I think the determination of a defmition of intensive is where it starts to fall apart. I mean,you look at it from a zoning aspect,but you also need to look at it from the physical attributes of both the site that it's built on and the site you're proposing.That may have some impact on how intensity is determined. And,Tim,I don't know what the rest of this board feels about it. If you want to continue,I don't have a problem with that. I would hope that if that happens,I plead with the neighbors to approach it with an open mind and just listen and see if it's something that will work for you,and come back and let us know. That's where it's—that gets it to the end point. I don't know how else to do at this point. COMMISSIONER EBERT: Yes,can I? CHAIRMAN STRAIN: Sure. Go ahead,Diane. COMMISSIONER EBERT: Tim,I'm glad that you did ask for a continuance on this. We just had something similar to this two weeks ago on Immokalee Road,which is Golden Gate Estates on one side and commercial and homes on the other side,just like this. They showed you a picture,in fact,with St Monica's Church. That happens to be one of four churches on that road. It was going to be a 40,000-square-foot medical office building. They did have several meetings with the neighbors,and they all concluded that they were for it as long as there was a nice,large wall on the southern border and that there were trees aligning it and so you wouldn't be able to see anything. Again,there was no access to Autumn Woods Lane. Everything was on and off Immokalee Road. So if you could get together with these people and see,as long as there was a barrier on the other street,the people did not have a problem. MR.HANCOCK: We may also be able to address some of the unknowns,such as architecture and those types of things that,really,in a zoning action you're not necessarily prepared to detail.But that was raised as something today that--you know,that I think we can have some impact on. CHAIRMAN STRAIN: Well,when zoning actions have objectors,many times,as you know from when you were a commissioner and since you've been in your professional planning,you've come in with architectural detail to try to help soften the concerns that were expressed. That might be a good point to look at. MR.HANCOCK: Through a continuance,we'll have the opportunity to do that. COMMISSIONER CHRZANOWSKI: And can you bring back an exhibit that shows how much Paap 11 nfdQ Packet Page-63- 1/26/2016 9.A. September 17,2015 landscape you're going to have in the parking lot? Because when I look at the Pe±a site next to you,I see a lot of trees in the parking lot. But your site,you know,it looks bad because you don't see that.It doesn't look vegetated. But I know when you're done,you're going to have all this vegetation,and it might just soften the look of it. MR.HANCOCK: With all due deference to my good engineering friends,they don't draw the prettiest plans. So,yes,sir,we certainly can have something more graphically accurate than the line drawing in your packet. CHAIRMAN STRAIN: And I think a discussion with the neighborhood on what programs you are proposing for this location. I can tell you,many of the other churches that have come to us had not needed seven-day-a-week hours of operation such as you're proposing. You might want to look at that a little closer. That's about all I can-- COMMISSIONER CHRZANOWSKI: Even God took a day off. COMMISSIONER ROMAN: Yeah,I have one thing,Mr.Chairman. CHAIRMAN STRAIN: Go ahead,Charlette. COMMISSIONER ROMAN: And also,Tim,I would favor a project that showed a preserve much like we discussed with the understory plants,and if you could come back and bring a diagram of how you plan to approach that so that the residents could also understand what they're getting. MR.HANCOCK: We'll be happy to do so. CHAIRMAN STRAIN: Okay. So you've requested a continuance. Do you have a date specific that you want to continue to? Remember you'd have to have something prepared to staff and distributed,so that's not going to happen too quickly. MR.HANCOCK: Something in the area of four weeks would give us at least two weeks to work on these types of issues with the residents that are willing to sit down with us,and then we can have something to staff in time. Does that work from-- CHAIRMAN STRAIN: That's October 22nd? MR.REISCHL: October 15th. CHAIRMAN STRAIN: Fifteenth,I'm sorry.Twenty-second is my other meeting. MR.HANCOCK: When would we have to have things to you in order for that date to occur? MR.REISCHL: November 5th would work better for our review. CHAIRMAN STRAIN: I was going to suggest,we have a difficult meeting already scheduled for October 15th. We already know how difficult that meeting's going to be. So I would suggest maybe,Tim, could you attempt--would November work for you? MR.HANCOCK: Yes, sir. CHAIRMAN STRAIN: Okay. Is there any problems with the County Attorney's Office, November? MS.ASHTON-CICKO: I'm trying to count weeks. COMMISSIONER EBERT: They might have to readvertise. CHAIRMAN STRAIN: I don't know;yeah. MS.ASHTON-CICKO: You said November? CHAIRMAN STRAIN: What's the date,November 5th? MR.REISCHL: November 5th. CHAIRMAN STRAIN: November 5th. MS.ASHTON-CICKO: I'm counting that as seven weeks,so it's too long. CHAIRMAN STRAIN: You need the mike,Heidi. MS.ASHTON-CICKO: That's too long. It's seven weeks. CHAIRMAN STRAIN: Well,if we schedule it for the 15th and then potentially continue it,or is that still too long? MS.ASHTON-CICKO: Yeah. If they're not ready by the 15th,then you can continue it again. CHAIRMAN STRAIN: Well,why don't we schedule it for the 15th with the intention of continuing it to the November meeting. That way it keeps the advertising in place,and we can let everybody know now that we're looking at the November 5th date.Monitor the October 15th meeting. And if anybody wants to Page 32 of 49 Packet Page-64- 1/26/20169.A. September 17,2015 call the county office,Fred,what's your phone number? MR.REISCHL: 252-4211;252-4211. CHAIRMAN STRAIN: Okay. Fred Reischl is the planner. He'll be monitoring the schedule. With that,is there a motion to continue? COMMISSIONER EBERT: I make a motion to continue this presentation. Do you want the number? CHAIRMAN STRAIN: Please. COMMISSIONER EBERT: CU-PL201400000543,the Summit Church conditional use. CHAIRMAN STRAIN: To the October 15th meeting? COMMISSIONER EBERT: To the October 15th Planning Commission meeting. CHAIRMAN STRAIN: Heidi? MS.ASHTON-CICKO: And I'd recommend that you continue it to that date. Some other items could get dropped or moved. You don't really know. And if they're ready,hear it,if they're not ready,then continue it again. CHAIRMAN STRAIN: Okay. We just want to make sure--those people in the neighborhood who filled out the speaker slips,Fred will make sure that you're--and,Fred,for those that have,if you--did they put email addresses on those slips? MR.REISCHL: No. CHAIRMAN STRAIN: Phone numbers? MR.REISCHL: No;addresses. CHAIRMAN STRAIN: Okay. If you have someone in your community that's central to the contact person that we can notify as this approaches so that you don't miss an opportunity to address us again,we want to make sure we do that. And I think one gentleman--I think the gentleman standing up,didn't you say you represent the neighborhood? Someone did when they started;the first speaker this morning. MR.PEREZ: Possibly,yes. CHAIRMAN STRAIN: Okay. Would you mind getting together with Mr.Reischl after the—whenever you can and provide him with some contact information? MR.PEREZ: Yes,sir. CHAIRMAN STRAIN: Thank you very much. Okay. With that,there's been a motion made to continue to the October 15th meeting. All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: I'll second. CHAIRMAN STRAIN: Oh,I'm sorry. Seconded by Stan. I forgot there wasn't a second. Thank you, Stan. All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 5-0. Thank you. MR.HANCOCK: Thank you. CHAIRMAN STRAIN: ***Okay. The next item up is our last hearing item for today. It's PUDA-PL20140002683. That's the Royal Palm International Academy Planned Unit Development,PUD. PIl wait for the room to clear a little bit.All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) Paves of dQ Packet Page-65- 1/26/2016 9.A. September 17,2015 CHAIRMAN STRAIN: Okay. Disclosures on the part of the Planning Commission. We'll start with Tom at my far right. MR.EASTMAN: I spoke briefly with Mr.Yovanovich for a clarification this morning. CHAIRMAN STRAIN: Okay. Stan? COMMISSIONER CHRZANOWSKI: And I spoke briefly Mr.Yovanovich. CHAIRMAN STRAIN: We'll get Diane's when she comes back. I spoke with staff,Mr.Yovanovich. I think that's all on this matter and,of course,reviewed all the documents. Go ahead. COMMISSIONER HOMIAK: I spoke to Mr.Yovanovich. CHAIRMAN STRAIN: Okay. And,Charlette? COMMISSIONER ROMAN: Yes,I spoke with Rich Yovanovich and staff. CHAIRMAN STRAIN: Okay. With that Richard,it's all yours. Sir, if you don't mind sitting down. We can't hear over your discussions. You'll have an opportunity to talk in a little while. Thank you. MR.YOVANOVICH: Good morning. For the record,Rich Yovanovich on behalf of the petitioner. I have a lot of people with me here today. Hopefully we won't have to hear from anyone. CHAIRMAN STRAIN: You only needed one. He's sitting there,right there in the aisle.Mr. Banks. He's a jack-of-all-trades lately. MR.YOVANOVICH: I saved him for last. Yeah,Mike Hunnican and Pat Butler from Pulte;Alexis Crespo and Brendan Sloan from Waldrop Engineering;Jim Banks,who is the utility infielder for our team who will testify to traffic and anything else you need him to testify to;and Craig Smith who will testify regarding environmental issues. The petition before you is an amendment to the Royal Palm Academy PUD. I've put on the visualizer an aerial. The yellow outline is the existing Royal Palm Academy PUD,which is basically on Livingston Road north of Immokalee Road and a little south of Veterans Memorial Boulevard. Outlined in red is the 15 acres we're going to add to the PUD. The PUD is currently 163 acres,and we're going to 178 acres,and we're going from 550 units to 660 units. There's a history to the Royal Palm Academy PUD and access-related issues between the Royal Palm Academy PUD,the Brandon PUD and,ultimately,this piece of property that's being added to the Royal Palm Academy as well as some properties to the north. If you will--if you-all recall,when we came forward last year with the Brandon PUD,which is in this area right here,there was a question about access to not only this piece,which is owned by Center Point Church,but properties up here that are multiple property owners broken down into different ownership. They're all about five-acre pieces. I forget cumulatively how many acres it was. But one of the things that was agreed to as part of the Brandon PUD was to provide for access. MR. REISCHL: BIow it up. MR.YOVANOVICH: No. I think you want to--I think it will be okay,Fred. This is the 15 acres were talking about adding to the PUD. That was the church property at the time. There was--as part of the Royal Palm Academy and specifically the Verona Pointe plat,there is a platted public utility easement that goes on and off in this direction right here on our master plan that was intended to provide access to the church property. As part of the Brandon PUD,we agreed to give a tenth of an acre from the preserve of Brandon PUD because at that time it was believed that in order for this access to work,you might have to impact a piece of the Brandon preserve. We don't need to do that,so that one-tenth of an acre easement that's already in place to serve the church is not necessary for that access. Likewise--do we have an exhibit? Thank you.This is the Brandon PUD over here. Likewise,there was also an access easement provided along this roadway within the Brandon project to provide access to properties to the north,and those properties to the north would come through the church property to get access to this cul-de-sac in the Brandon PUD,and the church committed,as part of the Brandon PUD hearing process,to allow for those property owners to come through its property to get access to that cul-de-sac. Page 34 of 49 Packet Page-66- 1/26/20169.A. September 17,2015 This is a blow-up,obviously,of what is on our master plan which probably you can't really determine when you look at those words in our PUD master plan that say"future vehicular interconnect." That is what I just showed you in a bigger detail as to how that future vehicular interconnection will occur for those properties that are to the north,which is up here on the aerial. So we are addressing,as we committed to,or the church committed to,the ability for properties to the north to have access through the church property so that they at some point will have access to Livingston Road. One of the access concerns that came up--and I spoke to Sarah Spector yesterday about the Verona Pointe parcel,and that is the platted access that we will connect to when we add this property to the PUD. g, And we committed to,any improvements related to using that public access utility would be 100 percent on my client's dime as well as any future maintenance for the actual connection. That's how it will all work through the existing public access easement. So all of the improvements necessary within the public access easement would be paid for and maintained 100 percent at my client's expense as well as there would be a shared pro rata responsibility for any costs related to that shared use of Ravina Way,I think it's called. We committed that before we get to the Board of County Commissioners in a few weeks we would put this to paper and come up with a maintenance agreement to put in place. And I committed to Sarah that if I didn't get our summary correct,she could obviously come up and point out where I may have missed it. But I hope I summarized that correctly with purposes of the interconnection. It's a pretty self-explanatory and,I think,rather easy amendment to the PUD. We're just adding another R tract to the property with the same development standards that previously existed in the PUD. We did revise and—over the last day or so revise what is Paragraph 6.5(D)in the PUD which was how we were going to verbally address the interconnection to the north. I have not had a chance to share this with staff. I was in Sarasota all day yesterday,so I didn't get to see it till yesterday late in the evening. The yellow is the change that was previously there. Previously we had basically cut and paste the previous language in the Brandon PUD limiting the size of the access area to a tenth of an acre,and that 20-foot width was not correct. So we struck that line to make sure that we're not in any way improperly limiting that connection to the north. Like the Brandon PUD,we would expect the neighbors to the north to come to us when they're ready to use that access point and enter into an appropriate agreement to use that access area,and they will also need to reach an agreement with the Brandon PUD individuals as well as provided for in the Brandon PUD. So hopefully that change clarifies any concern about the width of the easement as well as the overall acreage size of the easement. There is only one area,I believe,of the staff report that we don't agree with. The Royal Palm Academy was approved many years ago,and in that PUD document already exists a requirement to only build a sidewalk on one side of the street.Staff is recommending-- I think it's comprehensive planning staff is recommending that that deviation not apply to this 15-acre piece. I don't believe that is how it has ever been applied in the past if you already have a deviation in a PUD. I don't recall an instance where it was not applied to acreage added to the PUD. But even if you were going to try to do that,this is such a small 50-unit subdivision,I clearly believe it is overkill to require sidewalks on both sides of the street for a gated subdivision containing a maximum of 50 units,but we believe the deviation should apply to us anyway. That's,overall,a summary of what we're proposing to do. Obviously if you have any questions, we're happy to answer them,and that concludes our presentation. CHAIRMAN STRAIN: Okay. Questions of the Planning Commission. Diane? COMMISSIONER EBERT: Yes,I have one. Is this not a plan amendment,a PUDA? MR.YOVANOVICH: Yes. COMMISSIONER EBERT: Okay. So that opens it up? M.R.YOVANOVICH: Of course. COMMISSIONER EBERT: Okay. Just so that we have that straight. This,in reading the information—and I remember the Royal Palm Academy before,and Brandon. Pam. ofdQ Packet Page-67- 1/26/2016 9.A. September 17,2015 This is--this is in no way going to be connected to the Pulte Homes across the street;is that correct? So this is completely separate? MR.YOVANOVICH: Correct. COMMISSIONER EBERT: Okay. If this is a plan amendment and is being opened up,it's going to be an area of its own,although I understand there will be no clubhouses. MR.YOVANOVICH: Correct. COMMISSIONER EBERT: So it's just going to be a gated community,period. That's where the sidewalks come in where it can be on both sides because it has nothing to do with the other communities,my feeling on it anyway. I just wanted you to know that. The other thing I'm going to ask you about is the connection to the north,these other properties. How many--do you know how many other properties—besides where the church was,how many other properties are to the north of this? MR YOVANOVICH: I want to say five,but I don't remember if that is correct. I think there were four 20-acre parcels that had agreed to share an access and one five-acre parcel--and let me put the Brandon master plan up to better show you how that all was going to work. COMMISSIONER EBERT: Okay. Thank you. MR YOVANOVICH: If you see this arrow on the cul-de-sac-- COMMISSIONER EBERT: Yes. MR YOVANOVICH: —that was--that's to be the access point for this grouping of properties,and I believe that's 20 acres. This person right here,which I believe is five acres,did not agree to work with the other property owners,so Brandon provided that person an accesses point as well. All of them were properly notified under the Brandon PUD regarding Brandon got all of its approvals. You have that period of time to go forth and request that connection,whether that's--anybody has or hasn't,I don't know. But where I showed you the alignment,this is the 20 acres that will come down through—this is basically the property line for the church to get to this cul-de-sac right here. COMMISSIONER EBERT: Okay. Are they still going to use that one--so there was nothing--Richard,there was nothing to the north way up far north where the R's come around? There was nothing up there where people could get to their property from the north? MR.YOVANOVICH: If you'll recall,Mr.Carmonie(phonetic),who's here--we're adjacent to an FP&L easement. So they were asserting that they had no ability to go north to get to Veterans Memorial and that their only way to get out,at that time they were claiming,was through the Brandon PUD. The church,likewise,argued that their only way to get out was through the Brandon PUD,if you remember,because they were concerned about this preserve,and that's why we gave them the tenth of the acre to make the alignment work. Obviously,that tenth of an acre is not necessary anymore,so the church does have its way out through what was always planned for as part of the Royal Palm Academy PUD for properties to the north to come through this point right here to get to the light. COMMISSIONER EBERT: Okay. Because I remember back then it was--there was a lot of questions,you know,at the time of the Brandon PUD. So you will be coming out south? MR.YOVANOVICH: That's how we're--whoops.That is how we will be coming out. So we will come out of our project connecting to Ravina Way,as always contemplated,and can go north/south at that point. Correct? COMMISSIONER EBERT: Okay. Which is Verona Pointe then. MR.YOVANOVICH: Verona Pointe. We're going to come out through Verona Pointe. COMMISSIONER EBERT: Okay. Thank you. CHAIRMAN STRAIN: I'd like to ask the Planning Commission what they want to do about a lunch break. This one's--there's not very many people who are going to speak on this,so we could move through Page 36 of 49 Packet Page-68- 1/26/20169.A. September 17,2015 it if we didn't want to take a full lunch break. COMMISSIONER HOMIAK: Move through it. CHAIRMAN STRAIN: Well,right,but there's a little caveat. 3' COMMISSIONER EBERT: We have one caveat. CHAIRMAN STRAIN: Stan is going to leave in a few minutes. That leaves four of us,and that's okay. We can still continue,but--I'm sorry? MR.REISCHL: Three speakers. CHAIRMAN STRAIN: Right. That's not like 12,so that works. We have three speakers. We have to finish with the questions from the applicant's professionals and stuff like that. Stan could come back after lunch if we took a lunch break. We've probably got,based on three speakers,45 minutes to an hour to finish up. We could finish up maybe by 1 o'clock,or we could take a break and come back at 1:00,because Stan's going to leave anyway. Rich,do you have any preference from your perspective of losing one of our members? MR YOVANOVICH: I would hate to keep you-all through lunch if—let me rephrase that. I would hate to not work through lunch if that's the preference of the Board. CHAIRMAN STRAIN: Okay. Based on a number of speakers,I'd just as soon we took lunch and come back at one o'clock. I know Karen's already expressed she'd just like to— COMMISSIONER ROMAN: rd prefer to work through it. CHAIRMAN STRAIN: Okay,two. Diane? COMMISSIONER EBERT: Doesn't matter. CHAIRMAN STRAIN: Stan can't,so it's a tie.I don't mind working through it then. We'll just go that route. COMMISSIONER CHRZANOWSKI: I'll just come back for my stuff CHAIRMAN STRAIN: Well,there might not be anybody here,but we should be close to that time wrapping up,so-- COMMISSIONER CHRZANOWSKI Don't throw it away. COMMISSIONER ROMAN: Mr.Chair,if we just take a break,that would be nice. CHAIRMAN STRAIN: Okay. Let's take a break till 10 after 12 and come back and resume at that time. (A brief recess was had,and Commissioner Chrzanowski was absent for the remainder of the meeting.) CHAIRMAN STRAIN: Okay. Everybody welcome back from the break. We're going to move forward with this current hearing. We left off with discussions between the applicant's representative and the Commission. Diane,did you finish all your discussion? COMMISSIONER EBERT: Yes. CHAIRMAN STRAIN: Okay. Does anybody else have anything else they'd like to ask the applicants at this point? COMMISSIONER ROMAN: I have one question. If we could go back to the diagram that was on before this one. It was a line diagram. Yeah,it was the one just right underneath. MR.YOVANOVICH: This one? COMMISSIONER ROMAN: Yeah,Rich,right there. And we—towards the western edge where the preserve is—there,yes—there's a black line if you see it in the lower left-hand—yeah,that black line. Is that where you've extended the preserve to meet that end,or what is that? MR.YOVANOVICH: If you will--and I--go back to the Brandon-- COMMISSIONER ROMAN: Okay. MR.YOVANOVICH: —PUD master plan,that's a retaining wall for the road. But just so--I'm 100 percent today,for the record. In the Brandon PUD,there was a concern that a sliver of this preserve would have to be impacted to create this curve. So what you're seeing here is the Brandon PUD preserve. PaaP 17 of dQ Packet Page-69- 1/26/2016 9.A. September 17,2015 COMMISSIONER ROMAN: Okay. MR.YOVANOVICH: We're not impacting the Brandon PUD preserve as was originally thought would have to happen as part of this project. So hopefully that doesn't confuse you,but that is--we're outside of the Brandon preserve. COMMISSIONER ROMAN: But that preserve that you're showing there is the one that's on this particular project. MR.YOVANOVICH: Am I right? Are you sure?Oh,I apologize. You are right. I was just--I was incorrectly oriented. CHAIRMAN STRAIN: Record that. MR.YOVANOVICH: It is recorded. CHAIRMAN STRAIN: Video it video it. MR.YOVANOVICH: You are correct,and that's a retaining wall. I was incorrectly oriented. COMMISSIONER ROMAN: So this is your preserve,one of your preserves that you're showing. MR.YOVANOVICH: And it matches up with the Brandon preserve-- COMMISSIONER ROMAN: Preserve on the other. MR.YOVANOVICH: --on the other side. That's where I got myself confused. COMMISSIONER ROMAN: Is that-- MR.YOVANOV[CH: This will make it better for you. COMMISSIONER ROMAN: It shows the contiguous preserve. MR.YOVANOVICH: Back to 100 percent. Yes. You see how that lines up and where I got myself mixed up. COMMISSIONER ROMAN: Okay. Because my question had to do with one of the items from the environmental perspective where the county does not require you to relocate the butterfly orchids on the property;however,where you're planning to put the majority of your residential units,that's were the highest population of the butterfly orchids are. And I was just looking at seeing if they can't be relocated,at least some of them,rather than just destroyed. MR. SMITH: For the record,my name is Craig Smith with Dex Bender&Associates, environmental consultant. The majority of the butterfly orchids we saw out there are about that big(indicating). They were fresh sprouts primarily on Brazilian pepper.There are--per the code,I understand,if you have those species represented in the preserves,that you do not have to relocate them. COMMISSIONER ROMAN: Oh,I understand that.But you noted 19— MR. SMITH: Yes. COMMISSIONER ROMAN: --plants. MR. SMITH: Yes. COMMISSIONER ROMAN: And in the preserve itself there's only five. I was just asking if there were opportunities to relocate some of them,if you would consider that. MR. SMITH: I'd have to talk to the client about that. They are so small I think you'd have a hard time removing them from the pepper that they're growing on to attach them to something else. COMMISSIONER ROMAN: Sure. But there might be some bigger ones,too. MR. SMITH: There were a few larger ones,but from my recollection they were all very small with only one or two pseudobulbs. COMMISSIONER ROMAN: Okay. Thank you. CHAIRMAN STRAIN: Okay, Did you have anything else,CharIette? COMMISSIONER ROMAN: No,none. CHAIRMAN STRAIN: Okay. Anybody else have any questions? (No response.) CHAIRMAN STRAIN: And I think now two things should happen. Number one,Diane,you didn't—you were gone when we did disclosure on this one.Do you want to provide any? COMMISSIONER EBERT: Yes. I only spoke with staff on this. Page 38 of 49 Packet Page-70- 1/26/20169.A. September 17,2015 CHAIRMAN STRAIN: Okay. And I need to supplement mine. When I met with Richard,Alexis and two gentlemen from maybe--yeah,two gentlemen from the applicant's project were with him as well, so... And then during break I talked to Heidi for a minute,and she had wanted to discuss the language that was presented in regards to the interconnection. So,Heidi,is this convenient? MS.ASHTON-CICKO: Sure. My comments to that are they need to make a couple changes. One is they've got the reference to the wrong PUD. Second is that they're talking about putting this accessway through the conservation easement,so all that reference to the conservation easement and area in the proposed language needs to be deleted. And I would ask that since they know what the area's going to look like,because they've got it shown up there,if they could put that on the master plan to show the location of the access easement,because ifs not technically in the northwest corner. So we could delete that language and just reference the shaded-in section on the master plan. And that covers it all. CHAIRMAN STRAIN: Is there any problem from the applicant's side? MR.YOVANOVICH: No problem. CHAIRMAN STRAIN: Okay. Thank you,Heidi. So your language that you provided would have to be repaired to coincide with Heidi's recommendations. MR YOVANOVICH: Yeah. And I'm sure we can work through that with Heidi. We always have. MS.ASHTON-CICKO: Okay. CHAIRMAN STRAIN: And I think that's fine.That will work. Any other questions? If not,I have a handful. There are three staff recommendations.The third one I know that you're not on the same page. How about the first one? I believe it's accomplished,but if it isn't, then someone needs to tell me that it isn't. MR REISCHL: Staff believes that it is. CHAIRMAN STRAIN: Okay. So the first one's not necessary either because it's already--it's on the master plan as requested. The second one--what was the intent of the second one? I mean,I read it but it says—I hate language that says to the maximum extent feasible. That's really an open-ended description.I mean,it could be--what you think is maximum could certainly be different than somebody else,and it's hard to defend that kind of language. MR. REISCHL: I believe that this was written—well,it was definitely before I saw the more detailed interconnect. And I don't think he knew that this was an interconnection from one PUD to the adjoining ag uses. I think that's where the confusion was. This--the interconnection that we're talking about-- CHAIRMAN STRAIN: We've got two interconnections. MR REISCHL: --is from the Brandon. Oh. CHAIRMAN STRAIN: We've got one to the south and one to the north. This refers to the one to the north. MR.REISCHL: That's my understanding. CHAIRMAN STRAIN: Okay. MR REISCHL: And I believe ifs the one from the Brandon,and they're using a small strip of Royal Palm to access the ag sites,and I don't think that was fully understood when this was written,so that,I think, is the genesis of that one. CHAIRMAN STRAIN: Okay. So the language is still needed? M.R.REISCHL: Not after—well,not to me. I didn't write this one. But after meeting two days ago, now I understand a whole lot better how the connection works,so Pm not confused anymore. CHAIRMAN STRAIN: Okay. Just out of curiosity,who wrote this? MR.REISCHL: Corby Schmidt. CHAIRMAN STRAIN: Oh,okay. I just thought it might have been more zoning. Ifs not—I was hoping--we've got Mike Sawyer back there,and he wrote a lot of stuff and passed it on. I thought,well, Pao PR4(If 44 Packet Page -71- 1/26/2016 9.A. September 17,2015 there he is. We can ask him. But--okay. So one and two are basically resolved to your satisfaction. Three is an issue that Diane had brought up. And so with that,I will move on to the rest of my questions and get past those,at least. And let me see what I've got. And the only one I had was the language for the interconnect. So I think we're in good shape,Rich,at least at this time. So with that,if there's no other questions of the applicant,we'll move to staff. MR.REISCHL: Fred Reischl,Zoning Division.With those clarifications,we continue to recommend approval. CHAIRMAN STRAIN: Okay. That's short and to the point. Anybody have any questions of staff? (No response.) CHAIRMAN STRAIN: If not,why don't we start calling our registered public speakers. If you'll come up and please use one of the microphones and identify yourself for the record. Go ahead,Diane. COMMISSIONER EBERT: Can I ask Transportation to come up,please? MR.YOVANOVICH: Not you. She needs her transportation. COMMISSIONER EBERT: The other transportation. MR. SAWYER: Good afternoon. Mike Sawyer,project manager,Transportation Planning. COMMISSIONER EBERT: Can you look at the No.3,the deviations for the sidewalks. You are using 2.15(C)on this. They're saying the language has not been modified. Can you kind of go into this a little bit,please. MR. SAWYER: Again,for the record,I did not do the transportation review on this particular petition;however,I—my opinion in this case would be that for this portion of the PUD it would be reasonable to expect to have sidewalks on both sides of the roadways where they're double loaded.You know,clearly there are a substantial portion of the roadways that are not double loaded in this case,and I don't think you'd necessarily need to warrant sidewalks on those roadways. But on the ones that are,in fact, double loaded,I think it would be reasonable to expect that you would have sidewalks on both sides. It should be reasonably easy to identify this portion of the PUD on the master plan and make sure that that clarification could be followed through for this particular portion of the development. COMMISSIONER EBERT: Okay. So--well,I can't quite see the whole thing here,the whole 15 acres. So you are suggesting also--Transportation is also suggesting that where it's double loaded,have the double sidewalks;where it's not,the other,the single? MR. SAWYER: If I were reviewing this myself at this time,that would be my recommendation, yes. COMMISSIONER EBERT: Okay. Thank you. CHAIRMAN STRAIN: Okay. With that,Fred,would you call the public speakers,please. MR. REISCHL: The first speaker is Sarah Spector,followed by Frank Richards. MS. SPECTOR: Good afternoon. Sarah Spector with Becker&Poliokoff on behalf of the Verona Pointe Recreation Association. I just wanted to speak briefly.Mr.Yovanovich did correctly summarize what we had asked for with regard to the interconnect through Verona Pointe with regard to construction and maintenance. We would just request that—Mr.Yovanovich has also committed to working with us between now and the Board of County Commissioners'meeting to draw up the agreement that we spoke of regarding maintenance and construction on the off-chance that--and we're committed to doing so as well. On the off-chance it doesn't happen between now and the Board of County Commissioners'meeting,we would like that added to the ordinance. We'd be happy to take it out,at the time of the BOCC meeting,from the ordinance if we had the agreement in place at that time. CHAIRMAN STRAIN: So you're looking to perfect an agreement before it gets to the Board of Page 40 of 49 Packet Page-72- 1/26/20169.A. September 17,2015 County Commissioners,simple as that? MS. SPECTOR: Yes. And in the off-chance that it's not,we'd like the recommendation or language added to the ordinance requiring that agreement after its approved. CHAIRMAN STRAIN: Richard,do you have any concern,or are you opposed to that,or do you feel comfortable with it? MR.YOVANOVICH: About putting it in the PUD and it coming out at the BOCC-- CHAIRMAN STRAIN: No,making it a stipulation so that it occurs between now and the time of the board meeting? MR.YOVANOVICH: No. I said it on the record. CHAIRMAN STRAIN: Okay. We're good. We'll stipulate it. But you want it in the ordinance? MS.SPECTOR: If it doesn't happen between now and the BOCC. MR.YOVANOVICH: Well,the only way— CHAIRMAN STRAIN: Well,that's up to your argument in front of the Board more than it would be for us to try to put it in the ordinance right now. MS.SPECTOR: That's fine. CHAIRMAN STRAW: If it doesn't happen,you'll have good grounds to talk to the Board about it, and you'll certainly have your opportunity to. MS. SPECTOR: Perfect. CHAIRMAN STRAIN: Okay. So we will stipulate it as a request,but it won't be in the ordinance, and you'll deal with that if it doesn't happen by the time the board meeting occurs. MS. SPECTOR: Thank you. CHAIRMAN STRAIN: Thank you. MR.REISCHL: Frank Richards. MR.RICHARDS: rd first like to start by thanking the Planning Commission for allowing me to speak. My name is Frank Richards. I am the president of the Verona Pointe Recreation Association. I have lived there as a resident since 2009. I have seen a lot of changes in the general area,and one of the changes that I've seen is the amount of families with children that are moving into the area. Okay. That area was pretty secluded at one time. There was only a couple of areas of housing which were not exactly in front of North Naples Middle School. And the newly(sic)school that was built,Veterans Memorial,only had a few beginning students with it. Right now they have made a lot of traffic as far as people wanting to be in that school system.My son is one of them. He went from Veterans to North Naples. Now he's a freshman in Gulf Coast.And the schooling system there and the teaching system there is overwhelmingly accepted by the parents 100 percent. With that being the case,different developments have gone up,and a lot more family-motivated people are moving into the housing in that general vicinity to be in that particular school district. The area that's a concern of mine is in the--is the entranceway towards Verona Pointe. This has been brought to my attention a few times,and I always had something to say in relation to it's a traffic hazard. And they looked at me and said,why. I says,well,you only have one way in and one way out with Verona Pointe. Now you're looking to add another entrance point where the traffic from a different direction is going to be coming in and coming out,crossing what is the traffic for Verona Pointe. The schools there do not allow for busing.Because of the close proximity to the school,the children have to cross the street of a six-lane highway. And in the past,that was only a blinking light until the construction phase of Camden Lakes started to begin and also with Horton now and the firehouse. It's actually still a blinking left turn at that intersection, okay,which means the children have to cross the street at different times without the traffic knowing what the school hours are. There's no signs indicating blinking to slow traffic down to a certain speed limit,and the cars are coming across 50 to 60 miles an hour to beat the lights when they change. Okay. I see that as a hazard, especially since the children have to cross from Verona Pointe and,possibly this new development,they would have to cross also a six-lane highway. When the firehouse was being constructed,the side of the firehouse had a crosswalk,a sidewalk. Pave 11 of 419 Packet Page-73- 1/26/2016 9.A. September 17,2015 That was closed up during the construction phase,and it made it almost virtually impossible for the children to cross the street because of the time differential between the elementary school and the middle school. The middle school starts at 9:00.The elementary school starts at 8:20,okay. Those blinking lights only occurred during the times of each. So they were trying to pass the light at Verona Pointe entrance to get past the light on Veterans Parkway. One child,while he was trying to cross the street,almost got hit by a car that went actually through a red light. The school provided at that time a sheriffs officer to stay in the ditch right near the intersection to try and slow up traffic with his lights in his vehicle,okay,but at no point in time was there ever a crossing guard, okay. Verona Pointe and Milano are the major--are the major factors for those schools to be in existence. There's over 1,000 people— 1,000 students in North Naples Middle School,and there's about 800 in Veterans Memorial. There's a great deal of children. Since then there was another development built and,from what I could see,there was another PUD ready to be made in perspective of across from the firehouse. Okay. That particular PUD is the Enclave PUD. They're looking to facilitate close to 3-to 400 units of retired people of 55 years of age,okay. And their access point is going to be on Learning Lane,such as Camden Lakes,okay. Camden Lakes actually comes on a school street,okay,and exits in and out to their properties,okay. I see Pulte went through a little bit of extreme to help that—prevent that problem from occurring from the people from Milano walking to school,so he made a designated spot right in the middle of the road where the car had to stop whether there was children or not coming,okay.They had to cross that street to get on the sidewalk to walk up to the school. Now,the other one,I don't know what stage they're in now,has made an effort to try and make that an exit point cutting through that sidewalk right at the end of the gate where you would enter North Naples Middle. As far as I'm concerned,the reason why you don't have about 130 people here is because Milano and Verona Pointe is a working-class community,okay. It's basically owned by mostly investors.The investors bought a lot of property up during the foreclosure period in 2008 and up to 2011. 1 transitioned with Pulte in 2011,and I have been the president there ever since. And I hate to tell you,but there was a lot of promises made about a lot of things that never reoccurred and never went through. CHAIRMAN STRAIN: Sir,I may have missed what you're trying to get to. What is the--what do you see is an issue that can be resolved here today? I understand the global perspective you're looking at and all that,but what's your suggestions? MR. RICHARDS: The major issue that I feel could be a potential problem is the safety of the children that have to use that intersection to cross the streets,okay,whether it be for the Veterans Memorial or North Naples Middle. They have to cross Livingston Road,which is a six-lane highway. And no one is making any provisions to modify the situation to where it would be a safety issue,okay. They're going through trying to say,well,they'll have this one come in through that way and this one come in through that way,but what they're doing at that intersection is making it a major traffic intersection, and that's my concern. And one of the reasons--I've tried to send a letter out to my community and,believe it or not,I never got any response because the basic owners of my community are investors,okay. I couldn't open that up to the renters that are there,okay,the way our bylaws read. So I made an effort to come here myself. The only other thing that I have to say is that when Pulte built Camden Lakes,there was an issue of water flow. I don't know if anybody on the Board was involved with that particular situation. That was supposed to be Royal Palm Academy school,okay. That was supposed to facilitate a church,maybe a possibly first grade to college level or high school level as far as in the Catholic religion. For some reason,it did not work out. Pulte turned around and bought the property back from Royal Palm and made it Camden Lakes. When they first started that construction,there was a water problem with the rainage(sic).The Page 42 of 49 Packet Page-74- 1/26/20169.A. September 17,2015 county came in and made them build a trench around the whole entire property to have the waterflow come in. Now,that waterflow comes into Livingston Street,from what I could see,when it built up,crosses over to these three large pipes that are facing this particular section here where they're going to be cutting into the u' area where they're going to use the easement. Now,that--when you look on the map,you don't see it here,but they're talking about making an entrance and exit on a piece of property that's maybe 25 feet long,okay,and I can't see how that's going to rt work. That come--the exiting traffic from Verona Pointe comes through a gate where there's a 9-foot wall before they get past the gate where they wouldn't be able to see the oncoming traffic to go into the place. It does not look like it would really facilitate the amount of traffic flow that's going to be in that easement area,okay. And also in that easement area there's an 8-foot drop to facilitate the water flow. Now, if they have to go through that 8-foot drop,they naturally have to raise the property up,okay,to handle the road.They can't make it go over the swell,and that seems to make me feel that that waterflow will go right down our Ravina Way and come into our community,let alone the back of the community as well,because we butt up to that property with all the lanais of the people that are on that side of the property line. So that's basically my concerns and,you know,I wasn't able to get a petition. CHAIRMAN STRAIN: Have you talked to the Transportation Department or the school system about your concerns with the traffic? MR.RICHARDS: Yes. I went to the other building,at one time the zoning or the another board on Horseshoe Drive,and I explained the situation to the gentleman that was there at that particular time,and I don't believe Pulte was the one that was involved,if he's involved. I still don't know who's buying the property,okay. At that time there was another person that was trying to buy the church and--property,and he turned around,looked at the situation,and decided not to purchase. CHAIRMAN STRAIN: Okay. Thank you. Anybody have any questions? (No response.) CHAIRMAN STRAIN: Thank you,sir. MR.RICHARDS: Okay. Thank you. CHAIRMAN STRAIN: Mike? That gentleman's a registered speaker,so we've got some information.Could you take a look into the issues he's raised with that cross interchange or intersection between Ravina Way and what's across the street and see if any improvements are needed. MR.SAWYER: Again,for the record,Mike Sawyer,project manager,Transportation Planning. We'd be happy to do that,Chairman. We do meet with traffic operations on a weekly basis,so it would be quite easy for us to both follow up with the discussion with them-- CHAIRMAN STRAIN: Right. MR.SAWYER: --and then follow up with the gentleman. CHAIRMAN STRAIN: If the gentleman's concerns are validated by the warrants or whatever's needed for the situation there,we need to acknowledge it,and so-- MR. SAWYER: We can definitely have it studied. CHAIRMAN STRAIN: --why don't we take a look at it and follow up. Okay. Thank you,Mike. MR, SAWYER: No problem. CHAIRMAN STRAIN: Appreciate it. Anybody else? Are there any other public speakers,Fred? MR REISCHL: No other registered public speakers. CHAIRMAN STRAIN: Thank you. Anybody from the public who has not spoken wish to address the board? (No response.) CHAIRMAN STRAIN: Okay. With that,we'll move to rebuttal by the applicant,to whatever extent the applicant would like. Could you back that off enough so we could see the whole plan. MR.YOVANOVICH: It's too—I don't think it's all going to fit,but I'll move it along. PaaP di of d9 Packet Page-75- 1/26/2016 9.A. September 17,2015 CHAIRMAN STRAIN: It will. MR.YOVANOVICH: Will it? CHAIRMAN STRAIN: Keep backing it off. Make it smaller. There you go. MR.YOVANOVICH: Now, if I'd have put that up there on that size originally,you would said to me-- COMMISSIONER HOMIAK: Can you zoom in? CHAIRMAN STRAIN: Well,I'm trying to understand--Pm trying to understand Diane's concern that we have sidewalks on both sides of the street where it's double loaded. MR.YOVANOVICH: Well,here's my— CHAIRMAN STRAIN: You don't have a double-loaded project. MR.YOVANOVICH: No,but what I want—I just want you to know,we don't have double loaded, but we also intend--because I know nobody believes me when I say this,but people who buy these lots don't want the sidewalk on their property. So we're putting our sidewalk on the single-loaded street on the other side of the street. So these people are going to have to walk 24 feet of pavement to get to the sidewalk. CHAIRMAN STRAIN: Well,wait a minute. Why would you do that? MR.YOVANOVICH: Because the people don't like the sidewalk in their front yard. CHAIRMAN STRAIN: Well,I bet if every project in the county put sidewalks in their front yard, they'd have to take what they wanted to live here,wouldn't they? MR.YOVANOVICH: Well,Mr.Strain,the-- COMMISSIONER HOMIAK: I don't like it. I looked all over for a house without a sidewalk in the front yard. CHAIRMAN STRAIN: Oh,well. You're--okay. COMMISSIONER HOMIAK: I'm what? I'm what? CHAIRMAN STRAIN: You're one of those rare individuals that Richard keeps talking about. MR.YOVANOVICH: But,Mr. Strain,I don't Iike sidewalks either. I live in a community that doesn't have any. CHAIRMAN STRAIN: But, see,you're forcing everybody to walk across the street to get to a sidewalk. MR.YOVANOVICH: Mr. Strain,you've heard me say this 100 times,if you can't walk across the street on a 50-unit or smaller subdivision to get to the sidewalk,you're not going to go on the sidewalk in front of your house. This is--we are doing a sidewalk in a community that is low,low density with no through traffic. It's a gated community. We are simply making people walk across the 24 feet of pavement to get to the sidewalk if they want to and respect their wishes to not have people walking in their front yard with or without their dogs and the like. So I think this makes a lot of sense. COMMISSIONER ROMAN: You touched on something with the dogs and the curbing the dogs. MR.YOVANOVICH: Right. So I think we are being more than reasonable in this layout on such a low level intensity project that originally was approved with the deviation in the first place. CHAIRMAN STRAIN: Mike,would you mind answering another question. I'm assuming this project's going to be built with valley gutters,because they're not going to be able to afford the amount of curb cuts that would require access through all the driveways. How do valley gutters meet ADA requirement? Because the slopes and all valley gutters are more severe than ADA allows. So that means every--all the valley gutters in there would have to be flatter than standard,I would assume. MR. SAWYER: Correct. Again,for the record,Mike Sawyer,Transportation Planning. You're correct,standard valley gutters do not meet the standards for ADA. What is recommended in those cases where you do have a sidewalk or a pedestrian access across the street,you are required to actually pull that out so that your actual valley gutter actually flares out. CHAIRMAN STRAIN: Well,if you don't have sidewalks on the sides of the streets with the houses and everybody has to come out their driveway and roll across—if they're in a wheelchair,roll across the street to the other side,then wouldn't you need a valley gutter of the appropriate slope or ADA requirements both at the base of the driveway and across the street where they would try to enter the sidewalk. Page 44 of 49 Packet Page-76- fi 1/26/20169.A. September 17,2015 MR SAWYER: Correct. CHAIRMAN STRAIN: Okay. Is someone in staff checking that when these plans come in? M.R.SAWYER: I believe so. It would be done at time of platting. 1' CHAIRMAN S t RAIN: Okay. T'll talk to John Houldsworth. Thank you. MR.SAWYER No problem. MR.REISCHL: Just to confirm,we do have an ADA reviewer for plats and SDPs. CHAIRMAN STRAIN: Good. COMMISSIONER EBERT: Something new. CHAIRMAN STRAIN: Okay. It would just be a lot simpler putting it on the same side of the street as the house,but if that's what they want to do,then that's certainly a possibility. Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Okay. COMMISSIONER EBERT: I was going to ask about the stormwater. At one portion in here--I can't find right now--maybe Steve can help me. This was—kind of said it was in the Cocohatchee Slough kind of area,and there are a lot of water that these--this area holds tons of water. MR.LENBERGER: Stephen Lenberger,Engineering and Natural Resources Division. I don't have an answer for you. I know a lot of the area off Livingston Road historically is very wet and is wetter around the North Collier Regional Park. But I don't review for the stormwater,so 1 can't answer your question. COMMISSIONER EBERT: Okay. Because the other gentleman from Verona Pointe also mentioned quite a bit of water;that they're worried about that,too. I notice that you have two lakes on here on the plan,and it is just to maybe assure him that you have to keep your water on your property,so it should not be running over into theirs. MR.LENBERGER: I would have to defer to--I know the project is in for environmental resource permitting with the Water Management District,so it would be better just to ask the applicant how much storage they're having on site and make sure they're meeting all the requirements. COMMISSIONER EBERT: Okay. All right. Then maybe Richard can answer it. MR.YOVANOVICH: As you know,we do have to get a permit from the Water Management District,and all of those factors will be considered before the permit is issued. So we will accommodate what the gentleman's concerns were regarding historic flow through the site. COMMISSIONER EBERT: Okay. Thank you. CHAIRMAN STRAIN: Okay. Anybody else have any questions? (No response.) CHAIRMAN STRAIN: I think that's it. Richard,there are a few notes I made. The--what is your reaction to relocating the butterfly orchids that Charlette brought up the issue for? MR.YOVANOVICH: I think that to the extent that they're relocatable and will survive--I don't think that costs much to do. COMMISSIONER ROMAN: Okay. Thank you. CHAIRMAN STRAIN: Okay. So the butterfly orchids that are not in a preserve area,to the extent they can be,will be relocated to the preserve area. MR YOVANOVICH: If it makes sense,yes. COMMISSIONER ROMAN: Yeah. If they're too small and they can't be relocated,you can make that judgment. CHAIRMAN STRAIN: Okay. And you're going to modify the interconnection language that Heidi brought up? MR.YOVANOVICH: We'll work with the County Attorney to make sure she's comfortable with whatever the interconnection language needs to be. CHAIRMAN STRAIN: Okay. And those are the two items that I think need to be stipulated to Paop dG of 41.9 Packet Page-77- 1/26/2016 9.A. September 17,2015 pertain to the ordinance. And then as a note,you're going to perfect the language of Verona Walk prior to the BCC meeting; otherwise,obviously,the attorney representing the recreational facilities will probably be at the board meeting to discuss that item. MR.YOVANOVICH: Correct. CHAIRMAN STRAIN: Okay. Anybody else have anything else? (No response.) CHAIRMAN STRAIN: Is there a motion? COMMISSIONER HOMIAK: I'll make a motion to approve PUDA-PL21 --I mean--20140002683 with the stipulations that you just listed. COMMISSIONER ROMAN: And I'll second. CHAIRMAN STRAIN: Motion made and seconded. Discussion? Okay. I will be voting no to the motion. It makes no practical sense to put sidewalks on the opposite side of the street unless the Board wants to suggest that's an alternative to the previous policy they set with the sidewalks in the front yards of projects. MR.YOVANOVICH: Hold on a second. Hold on a second. I'd like to comment on it,if I can. CHAIRMAN STRAIN: Okay. MR.YOVANOVICH: Do you mind? CHAIRMAN STRAIN: Sure,go ahead. MR YOVANOVICH: The Board's policy has been for one-side-loaded houses to have a sidewalk on one side of the street. They have not weighed in on where that goes. And as long as we meet the ADA requirements,I don't know why it would be a problem to have it on the side of the street where the houses are not located. We would be consistent with board policy and I believe the Planning Commission's policy. CHAIRMAN STRAIN: If the Planning Commission is unanimous on this vote,it goes on consent, and it's never discussed by the Board. I'd like the Board to be able to discuss this item. And by having an objection to it,it will get on their regular agenda,and they can discuss it. And then whatever policy comes out of the Board I'll follow from here forward. I'm not--and I'm not so sure they only intended it for one side—the opposite side of the street. So until that's resolved,I'm not comfortable with it,Rich. MR.YOVANOVICH: Well, let me ask you one other question before you vote,if you don't mind.I just want to know,have there been any objections from the county's perspective that should your vote change that would result in my not going on the summary agenda anyway? I am not aware of any objections from anybody other than if you vote no that would put me on the regular agenda. I just want to confirm that before I decide my next step. CHAIRMAN STRAIN: Well,that's Ray and somebody else. I don't know. MR.REISCHL: Yeah. I was just discussing that. This was Mike Sawyer's project initially.Unless he heard some objection when he was project managing this,I have not,up until I got the email from Sarah Spector--I don't think that was an objection,that she just wanted to put her association's point on the record. I don't consider that an objection. So if this is a unanimous decision,then it would be scheduled for summary agenda. MR.YOVANOVICH: I just wanted to make sure that the other speaker was not an objection. I think it's a fair request. MR.REISCHL: And there was a head shake from Mike Sawyer. CHAIRMAN STRAIN: I think Fred just answered it for you. It would be a staff call on how it's scheduled for the board hearing. MR.YOVANOVICH: Well,I'm just asking now,Mr. Strain,if they know--am I going on summary agenda if I capitulate and put the sidewalk on the side of the street that Mr. Strain wants it on? MR. BELLOWS: Yes. MR. REISCHL: Yes. MR.YOVANOVICH: Well,against my wishes,I'd rather be unanimous. Page 46 of 49 Packet Page-78- 1/26/20169.A. September 17,2015 CHAIRMAN STRAIN: Okay. Well,that means that you're going to put the sidewalks on the side of the street that the houses are on,so that means we'd have to stipulate that,and that would be to be accepted by the motion maker and the second. MR.YOVANOVICH: Correct. COMMISSIONER ROMAN: Can I ask a question?Since this is additional acreage being added to the former Royal Palm Academy PUD,did we do sidewalks on both sides or one side for the rest of this PUD? MR.REISCHL: There's an approved deviation that allows sidewalks on one side,but it doesn't specify which side. COMMISSIONER ROMAN: Okay. Thank you. CHAIRMAN STRAIN: And Pm comfortable with it being on one side,and they could easily be on one side because this isn't a double-loaded project.But I had always assumed—and had I known this yesterday when I spoke with Mr.Yovanovich,I would have certainly brought it up then. I assumed the logical location would have been the side the house is on that the sidewalk theoretically serves. So I still think that's the most logical location. COMMISSIONER HOMIAK: Why wouldn't this apply,the way it's written in here,to the whole PUD? CHAIRMAN STRAIN: It does. Sidewalk will be on one side of the street. COMMISSIONER HOMIAK: So why is there a change? MR. YOVANOVICH: Because Mr.Strain's voting no because he wants to identify the exact location in the PUD. CHAIRMAN STRAIN: I want the—if— COMMISSIONER HOMIAK: On that--just in this portion and not the rest of it? MS.ASHTON-CICKO: Correct COMMISSIONER ROMAN: This parcel-- COMMISSIONER HOMIAK: Not for the whole PUD? CHAIRMAN STRAIN: Right. It's still one side. COMMISSIONER HOMIAK: Then that wouldn't be the same as the rest of the PUD. CHAIRMAN STRAIN: It is. It's on one side of the street. They've chose not to put it on the side that it serves and houses are. They want to put it on the opposite side. If the Board was intended to do that, that's fine. I want the Board to have the option to discuss it. They don't have the option to discuss it if we just send it forward. (I. MR.YOVANOVICH: Sure,they do. They could pull it CHAIRMAN STRAIN: And that means someone's going to have to go to them to tell them that's necessary. I don't necessarily think that's the right way to go. MR.YOVANOVICH: They may not think it's necessary. They may say that there was discussion at the Planning Commission,and the Planning Commission unanimously voted to put it on one side of the street,being the other side. If it's an issue that's important to the Board,they can pull it. CHAIRMAN STRAIN: Okay. Well,they'll have the option to pull it for sure if they--1'm not changing my position,so if the panel wants to-- MR.YOVANOVICH: Well,I would-- CHAIRMAN STRAIN: —modify their motion to stipulate that the sidewalks will be on the side of the street that the homes are on,then I'll support the motion. If not,I can't. That's—and it's--who was the motion maker? COMMISSIONER HOMIAK: Me. CHAIRMAN STRAIN: Okay. The motion maker would have to accept the stipulation. If you won't,that's fine. MR.YOVANOVICH: I'm asking you to please do that. So go ahead and put it on the— COMMISSIONER HOMIAK: Mark's? MR.YOVANOVICH: Yep. CHAIRMAN STRAIN: Then your house is next. Pacre 47 of 44 Packet Page-79- 1/26/2016 9.A. September 17,2015 COMMISSIONER HOMIAK: Okay. ru change-- MR.YOVANOVICH: I kind of regret—I kind of regret being honest with the Planning Commission,because my own pointing that out probably put me in this position. CHAIRMAN STRAIN: I didn't realize you'd even consider it except on the side of the street that the houses are on,to be honest with you. Did you? COMMISSIONER EBERT: No,no. COMMISSIONER ROMAN: I think we've done this before. CHAIRMAN STRAIN: Huh? COMMISSIONER ROMAN: I think this has happened before. COMMISSIONER EBERT: Nope. COMMISSIONER HOMIAK: Yes,it has. MR.YOVANOVICH: It's okay. I'd rather be unanimous. And Pll go ahead and ask the motion maker and second to please do that. COMMISSIONER HOMIAK: So Pm changing the motion. CHAIRMAN STRAIN: Okay. And,Charlette? COMMISSIONER ROMAN: I'll keep my second. COMMISSIONER EBERT: So you will-- CHAIRMAN STRAIN: You'll add the stipulation that they be on the side of the street that the house is on? COMMISSIONER ROMAN: That's what she said. CHAIRMAN STRAIN: That's correct. COMMISSIONER ROMAN: Yeah,and NI second. I was the second. CHAIRMAN STRAIN: Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries unanimously. Thank you. That takes us to old business.There's none listed. New business,there's none listed. Is there any other members of the public that would like to speak? (No response.) CHAIRMAN STRAIN: There are none. So with that,is there a motion to adjourn? COMMISSIONER HOMIAK: Motion to adjourn. CHAIRMAN STRAIN: By Karen. COMMISSIONER EBERT: Pll second. CHAIRMAN STRAIN: Seconded by Diane. All in favor,signify by saying aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 4-0. COMMISSIONER ROMAN: Thank you for working through lunch a little bit and just taking a Page 48 of 49 Packet Page-80- 1/26/2016 9.A. September 17,2015 break.I appreciate it. ****** There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 12:52 p.m. COLLIER COUNTY PLANNING COMMISSION 20J. ii STRAIN, ' �'i•�` ATTEST DWIGHT E.BROCK,CLERK These minutes approved by the Board on t n_I �1 ,as presented or as corrected (4t TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE,INC., BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Pave 49 of d9 Packet Page-81- 1/26/2016 9.A. November 5,2015 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida,November 5,2015 st LET IT BE REMEMBERED,that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building"F"of the Government Complex,East Naples,Florida,with the following members present: CHAIRPERSON:Karen Homiak Stan Chrzanowski Diane Ebert Charlene Roman Andrew Solis ABSENT: Mark Strain ALSO PRESENT: Raymond V.Bellows,Zoning Manager Fred Reischl,Planner Heidi Ashton-Cicko,Managing Assistant County Attorney Scott Stone,Assistant County Attorney { Page 1 of 50 Packet Page-82- 1/26/2016 9.A. November 5,2015 PROCEEDINGS CHAIRPERSON HOMIAK: Okay. Good morning.Welcome to the November 5,2015,Planning Commission meeting. Would you all please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRPERSON HOMIAK: Okay. Madam secretary? COMMISSIONER EBERT: Good morning. Mr.Eastman is absent. Mr.Chrzanowski? COMMISSIONER CHRZANOWSKI: Is present. COMMISSIONER EBERT: Good. Mr. Solis? COMMISSIONER SOLIS: Present. COMMISSIONER EBERT: Ms.Ebert is here. Mr. Strain is— CHAIRPERSON HOMIAK: He has an excused absence. COMMISSIONER EBERT: --absent. Ms.Homiak? CHAIRPERSON HOMIAK: Here. COMMISSIONER EBERT: And,Ms.Roman? COMMISSIONER ROMAN: Here. COMMISSIONER EBERT: Thank you. CHAIRPERSON HOMIAK: And addenda to the agenda. There's no—nothing;no changes. MR.BELLOWS: I have no changes. CHAIRPERSON HOMIAK: Okay. Planning Commission absences. November 19th is our next meeting. Is everyone going to be here or— COMMISSIONER ROMAN: I'll be away. CHAIRPERSON HOMIAK: You'll be gone? Okay. COMMISSIONER ROMAN: Yeah. CHAIRPERSON HOMIAK: Okay. Approval of the October 1st minutes? COMMISSIONER ROMAN: I move to approve. COMMISSIONER CHRZANOWSKI: I second. CHAIRPERSON HOMIAK: All those in favor, signify by saying aye. COMMISSIONER CHRZANOWSKL: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRPERSON HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRPERSON HOMIAK: Opposed,like sign? (No response.) CHAIRPERSON HOMIAK: Okay. And BCC recaps? MR.BELLOWS: Yes. At the last Board of County Commissioner meeting they heard the PUD amendment for Palm Royal Academy,and that was approved on their summary agenda subject to the Planning Commission recommendations. CHAIRPERSON HOMIAK: Okay. Thank you. Chairman's report,I have none. ***And so 8A,the consent agenda. It's PUDA-PL20150000303,Berkshire Lakes Planned Unit Development. COMMISSIONER ROMAN: Madam Chair,I had one question. CHAIRPERSON HOMIAK: Sure. COMMISSIONER ROMAN: This is probably for staff;Page 2 of 3. We talked about the wildlife Page 2 of 50 Packet Page -83- 1126120169.A. November 5, 2015 habitat management for the Big Cypress fox squirrel related to that project. I notice that in Item 3 we talk r. about the preserve management plan. I want to be sure that that preserve management plan captures that Big Cypress fox squirrel habitat, or does it need to be mentioned specifically? MR.REISCHL: I'll defer to Steve Lenberger on that one. COMMISSIONER ROMAN: I want to make sure its covered like we discussed in the hearing. MR.LENBERGER: Good morning. For the record, Stephen Lenberger,Engineering and Natural Resources Division. Yes,it would be automatically covered. The project would be required to have a listed species management plan,which would be a component of the preserve management plan. COMMISSIONER ROMAN: Thank you. CHAIRPERSON HOMIAK: Okay. Anything else? (No response.) CHAIRPERSON HOMIAK: Is there a motion? COMMISSIONER CHRZANOWSKI: I move to approve. COMMISSIONER ROMAN: Second. CHAIRPERSON HOMIAK: All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRPERSON HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRPERSON HOMIAK: Opposed,like sign? (No response.) CHAIRPERSON HOMIAK: Okay. ***So 9A,the advertised public hearing for Summit Church. It's CU-PL20140000543. All those wishing to speak on this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRPERSON HOMIAK: Okay. Disclosures.Stan? COMMISSIONER CHRZANOWSKI: I talked to Mr.Yovanovich about this project. CHAIRPERSON HOMIAK: Andy? COMMISSIONER SOLIS: I've spoken to Mr.Yovanovich,Mr.Huling,and received various emails from owners. CHAIRPERSON HOMIAK: Diane? COMMISSIONER EBERT: I spoke with Mr.Hancock,and I have emails. CHAIRPERSON HOMIAK: Okay. And I spoke to Mr.Yovanovich and emails. COMMISSIONER ROMAN: I've spoken with Mr.Huling,Mr.Yovanovich and,of course,staff, and received the same emails,probably,that you have. CHAIRPERSON HOMIAK: Okay. Rich? MR.YOVANOVICH: Thank you. Good morning.For the record,Rich Yovanovich on behalf of the petitioner. I have a lot of people here with me to answer any questions I can't answer. I don't anticipate that they'll all speak,but 111 list them all for you. Johnny Pereira's the head pastor for the church,and he will be presenting to you. Jason Nigh,Aaron Lundquist,and Nate Johnson are also with the church and are here to answer any questions that I can't answer. Tim Hancock is here,who's the professional planner on this project,as well as Jeff Perry,both with Stantec. Jeff will answer any traffic questions you may have. Tim will answer any planning questions that you may have. And Jeremy Sterk is here to answer any environmental questions you may have. Before you today is the continued hearing for a conditional use within the Estates zoning district to allow for a church to be constructed on the property. Page 3 of 50 Packet Page-84- 1/26/2016 9.A. November 5,2015 At your last meeting that this was discussed,I was not on the team,but I happened to be here because I was the next petition up. So I got to observe and watch what was occurring at the hearing and hear the previous presentation. I was contacted after that hearing and asked--actually,I spoke to Tim and said,hey,Tim, I thought you did a good job. I think you answered all the questions appropriately,and I believe that maybe the interpretation of the Comp Plan and the prior history of the project was not fairly represented. So I basically gave him my,hey,attaboy,nice job speech,and then they asked me if I would help. And I was happy to help,because I've done several churches before this board and before the Board of County Commissioners,and I know for a fact that churches are not harmful to neighborhoods. So I happily signed onto the team,but I did have a couple of suggestions as to what I thought needed to occur to hopefully persuade the neighbors to agree that a church on this location is not a bad neighbor. I personally live in Pine Ridge,and I represented Covenant Presbyterian Church,and I know that we had neighborhood opposition at that time but,ultimately,as we went through the process,the neighborhood worked with us,and we were on the same side. So I was cautiously optimistic when I made my suggestions. My suggestions were to reduce the size of the building;30,000 square feet was the original request. I suggested that they look at and consider going a little bit smaller. They did.And what we'll be presenting to you is a 19,000-square-foot building. Part of it will be two stories;part of it will be one story. The footprint will still be roughly 15,000 square feet.But the usable space has been reduced significantly. The seating will remain the same,at 400,but the overall size of the structure and the use of the building will be significantly smaller. I put on the visualizer an aerial of where the property is located. It's 4.05 acres. It's across from,I think it's called,the Crossroads Market.There are office buildings behind that,and then there's Physicians Regional hospital behind it.You also--or to the—I think it's to the left of it. You also have,immediately adjacent,Dr.Pe±a's property,which is on the visualizer. The property is within the Golden Gate Estates Master Plan,and the Golden Gate Estates Master Plan includes a provision that allows for transitional conditional uses if you're immediately adjacent to nonresidential property. There was a whole Iot of discussion about the conditional use being transitional. That's not what the Comprehensive Plan says. It says the conditional use shall serve as a buffer between a nonresidential use,the property that--in question,and then ultimately the residential property further to the east in this particular case. Also,the GMP,in my opinion,is very clear that a church is not a commercial use because you can't use churches,daycare,other fraternal organizations as the basis for using the transitional conditional use provisions within the Comprehensive Plan. So your staff—and I've known David Weeks for a long time,and I tried to confirm with other consultants I've worked with. I don't know that I've ever disagreed with David Weeks on his interpretation of the Growth Management Plan. When the Growth Management Plan wasn't consistent with what my client did and if it was a reasonable request to change it,we would go through the Comprehensive Plan amendment process. Mr.Weeks,who I would say to you is very knowledgeable about the Growth Management Plan and, frankly,very conservative,you know,reads it by--black and white. There's no gray with Mr.Weeks in interpretation of the Comprehensive Plan. He has found us consistent with the Comprehensive Plan and that we meet and satisfy all of the Growth Management Plan criteria applicable to our request. In addition,your planning staff,Mr.Reischl and others,have reviewed and confirmed that our request is consistent with the conditional use criteria within the Land Development Code. What the law says--and I know this is an unpopular position,because I know we have a lot of people who are opposed to this petition. But what the Iaw says,if my landowner/client meets the criteria in the Growth Management Plan as well as the Land Development Code and provides competent substantial evidence to that fact,which your staff opinion is competent substantial evidence,as well as Mr.Hancock's previous testimony,we are entitled to that approval. Page 4 of 50 Packet Page-85- 1/26/20169.A. November 5,2015 Zoning is not a popularity contest. The Land Development Code is there to protect the property owner, and we meet those criteria. I give you those brief opening comments because what we're going to do for an order of presentation is similar to a neighborhood information meeting we recently held with the residents in our attempts to show them how we've made changes to the petition,additional safeguards,or whatever you want to call them,that we were willing to impose upon ourselves to assure them that we will be a good neighbor,we want to be a good neighbor,and we will not be a mega-church as some people were claiming through this process by saying,hey,you're going to buy the property next door;you're going to get bigger and bigger. Well,the Growth Management Plan says I can't be bigger than five acres. I'm four acres. If I buy that property next door,I'm bigger than five acres. I can't go through the process and expand.But that's not the plans for the church anyway. So what we're going to have you—we're going to do is,just like the neighborhood information, you're going to hear from Johnny,who is going to take you through a typical week in the church and what the church's philosophy is as far as size of congregations and that like. Once we complete that,I'll get back up and go through the changed site plan,the changed conditions, and conditions we're willing to impose upon ourselves to get this conditional use,and then we'll open it up to any questions you may have. Of course,if you've got questions along the way,feel free to answer them,but hopefully our presentation will answer any questions. One other preliminary thing I want to do to avoid the repetitive nature that can occur,in your backup was the transcript from the previous hearing in front of the Planning Commission. Instead of having to bring Mr.Hancock back up here and have him resay what he already said to you once,since you've got that in the a record,I'd like to just have that made part of the record. And if you have any follow-up questions for Mr.Hancock,that would be fine,but I wanted to avoid duplication to what previously occurred. So with that I'll turn it over to Johnny to take you through the typical week of the church.And I think we have some videos that will go along with that. So,Fred,you'll have to switch the technology over. MR.PEREIRA: Good morning. As Rich said,my name's Johnny Pereira. I'm one of the teaching pastors at Summit Church and one of the directional elders of Summit Church. Summit Church is one church in three locations. The purpose and aim,as Rich said,of my testimony this morning is to share with all of you the history and the mission of Summit Church,our philosophy of how we implement that mission,and then the positive impact that has resulted because of that philosophy by the grace of God. So I first want to explain just how Summit Church got started,because it's important to understand that,how it fits into our mission,how it fits into our philosophy,and you'lI see how that's relevant to the project that's before you today. Summit Church started 12 years ago in Estero,Florida,on the campus of Florida Gulf Coast University with the mission,our mission being to glorify God by making disciples who represent the gospel to every man,woman,and child. Soon after Summit began,we were gifted a piece of property,a 10-acre piece of property that was donated to us next to the campus of Florida Gulf Coast University. And the first phase of this facility was constructed on that piece of property in 2006 and is the current facility that's on that piece of property right now. And so during that time the philosophy of how we carried out our mission was really solidified in that time. So rather than going the traditional mega-church model that had a facility that held a few thousand people and a few thousand-seat auditorium,which was the original site plan for that piece of property--so if you drove up there--and I know some of the neighbors mentioned last time that they did--you will notice that the building is much smaller than the capacity that it could be on that 10-acre piece of property. And so the original site plan was to build a multi-thousand-seat auditorium on that property,but as we really--as our philosophy really began to galvanize,we really believed that the best way to go after our Page 5 of 50 Packet Page -86- 1/26/2016 9.A. November 5,2015 mission to represent that gospel to every man,woman,and child in Southwest Florida was,rather than to have,as I said,a massive building that would be your typical mega-church,we really believed that the better way to do that was to have smaller congregations throughout the region of Southwest Florida so more people could have access both to hear and experience the love of Jesus. So to put it in business terms,business models,the best way to saturate an area with your product,of whatever that may be,is not necessarily to build one big center that sells that product downtown but rather to saturate an area with smaller venues to promote that product. And so,the same type of philosophy,but obviously we're promoting something that we feel is much more important than any business product. So in 2007—so 2006 the building there on our property in Estero was constructed. In 2007 the Naples congregation was started,and we began meeting at Barron Collier High School,which is currently where we meet now. And the reason that we started that congregation is because we had many people driving up from the Naples area to Estero to attend that current facility. And so we saw it necessary that if we wanted to go after our mission,we really felt it necessary to start another congregation in Naples,and so that was started in 2007. So nearly nine years old,nine years in February. Then,in 2012,we really saw it necessary to start a third congregation in the Gateway area,Fort Myers. And so we started that in 2012. And the reason that I'm sharing that with you today and the history of Summit Church is because it does reveal our philosophy and strategy of how we believe we're to carry out our mission that I've explained to you just in these few moments,and which is very relevant;it's very relevant to the site plan and the piece of property that is before you today. So we've said in the last two neighborhood informational meetings and in the last planning meeting in October that we have no desire to purchase more property adjacent to our existing property because to do so would go against the strategy and philosophy of Summit Church that I've just shared with you. So we're not just saying that because we know that there's opposition. We're saying that because that is the history of how we go after our mission. So we're not saying something that's in contrary to what we're already doing and what we desire to do in the future. We often say at Summit Church that we desire to be a church that if we no longer existed the community would miss us,which is why we chose that word"represent" in our mission statement when referring to how we share the love of Jesus with others. The word literally means to speak and act on delegated authority. So,in other words,we see a responsibility as a church not only to be a place that shares what we believe with our words but also demonstrates a love of Jesus to others,and we see that as a fundamental responsibility and privilege. And so what I want to do right now is just share with you a video that just gives you the history of what our Naples congregation has had the privilege to do in our area of Collier County that really,by the grace of God,validates that we are not a church that will be a detriment to the community that we are aspiring to be in but actually would be a great benefit,and we have history that validates that. So I want to point your attention to this video right now. (A video was played.) MR.PEREIRA: So obviously the transcripts will not be able to share what we saw in a video,so I just want to list,just for the record--and we obviously don't want to—don't want to give any idea that we're doing this in a braggadocious way. We're doing this because it—humbly of what we've been able to do through the church,and I just want it to be for the record that we've had the opportunity to provide over $200,000 worth of groceries over the last eight years,over 6,000 backpacks for students through our school partnerships in our area,over 1,200 Christmas gifts to children and families through our school partnerships, thousands of volunteer hours in our community and schools,and over$5.2 million over the last 12 years to charities and mission agencies all over the world. And so the last thing that I want to do is just to give you what an average week looks like at our Naples congregation. So,obviously,we have a Sunday worship service that currently meets at 10 a.m.there at Barron Collier High School. And right now our average attendance is around 275 adults and around 75 Page 6 of 50 Packet Page-87- 1126120169.A. } November 5,2015 children. We have a Wednesday youth ministry that meets after dinnertime there at--currently at our multi-purpose facility right there on Immokalee Road across from Super Target behind Bob Evans,and we have around 40 teenagers. And,once again,we have a great reputation with our neighbors. We have never been called once about any issue with our teenagers,and we praise--we praise God for that. And Jason leads that ministry. We also have a Wednesday morning Bible study of about 15 men that meet--that meet in the morning just for prayer and Bible study and then,lastly,we have a Thursday evening women's Bible study that has around 30 women that meet after dinner hours as well. And so that is the average week in the life of our Naples congregation. And so,lastly,I just want to say that throughout this process,I want you--I want this to be--to be understood that we really have Iistened intently to the concerns of the neighbors around this piece of property that we own,and we've taken those concerns very,very seriously,and you'll see,as Mr.Rich Yovanovich will show you more in detail now,that we've made significant changes to the site plan and have been more than willing to incur the costs that are involved in that so that we can be the neighbors that we desire to be. And so I appreciate your time. Thank you so much. MR.YOVANOVICH: What I want to do next is put a little bit in context what a conditional use is and what a conditional use it not. I've heard a lot of residents refer to"don't rezone this property." Well,we're not asking you to rezone this property. This property is currently zoned Estates. And property that is zoned Estates has within it a list of conditional uses that a property owner can fi request to be on the property. And I will show you—Tim,do you have handy the table that shows the different zoning districts? 1 But what I will tell you is,in all of the residential zoning districts,Rl through the multifamily zoning districts,as well as the agricultural zoning district and the Estates zoning district,every one of those districts allows a church as a conditional use. Why is it not a permitted use versus a conditional use is because the government,and I think rightfully in this particular case,has decided that you shouldn't have a church on every piece of residential zoned property or every piece of agricultural property. So what they've said is,it's a use that's allowed in this district. We're going to apply four criteria. If you meet those four criteria,you can have that conditional use on this particular piece of property. So we're not asking you to rezone the property. We're just asking you to give us the conditional use that we're allowed to have if we meet the criteria. Next I want to talk about the changes we've made to the master plan and the changes we've made in general to the site. I'll go through--I'll go through the list of uses we've changed, and then I'll go through the master plan itself. We've made no changes to the actual height of the structure. It was always 30 feet. I believe the zoning district allows 35 feet,but we're at 30 feet. Thirty feet? No,I was wrong. The size of the building,as I discussed,went from 30,000 square feet to 19,000 square feet,which is a significant reduction. The setback from Napa Way Boulevard went from 90 feet to 110 feet,which was an increase,and I'll get into the actual--what the buffer will look like in a little bit more detail when I go through the master plan. The height of the Iighting in the parking lot has been decreased from 25 feet to 15 feet,and I'll go through the list of other--the type of construction for the lights when I go through the list of conditions we'll agree to. And previously you saw two master plans. One of them had the preserve going off site,and one of them had the preserve remaining on site. The decision has been made to make—to keep the preserve on site, and I'll go through some additional plantings related to the water management system as we go through the , further presentation. So we went and did—we went and made some significant changes to the project as a result of the previous hearing in front of the Planning Commission and based upon planning commissioner's concerns. Page 7 of 50 Packet Page-88- 1/26/2016 9.A. November 5,2015 Let me show you what the master plan looks like in black and white,and then III put the prettier one up in a second. As you can see from that master plan,there is a significant distance between the building and Napa Way Boulevard. That distance between—the 110 feet setback coupled with the existing roughly 75 feet of right-of-way that exists that's got landscaping in it already,you're at roughly 180 to 185 feet of setback from Napa Way Boulevard with some pretty dense landscaping that exists on the southern border. I drove by the property to confirm what I was told and was able to observe that existing vegetation myself. The colorized rendering of the site plan looks like this. As you can see—as you can see there's a tremendous amount of native vegetation that will remain along Napa Way Boulevard. What you see as the water management plan or water management area between the building and the native vegetation,that will remain. That will be planted with bald cypress to provide additional buffering. We originally had asked for a deviation along the east side of the property,which is to the right, adjacent to the residential. We will remove that deviation and build the wall that the code calls for. So that change is no longer part of the submission. Although I think the neighbor to the east might prefer not to have a wall,we'll build the wall to avoid any concerns with deviations to the code. I have to hand out--and these were all discussed with the residents at the time we had the NIM,and I'll put it on the visualizer. I have copies for the Planning Commission. These are conditions that we are willing to attach to the resolution approving the conditional use. I've already gone over a lot of them,but the first one was the height limitation of 30 feet. We will commit that there will be no school or daycare operations allowed on the property. There will be no playgrounds or outside recreational equipment permitted. The exits to the rear will be limited to those required by the fire code as well as,you know,windows and doors will be closed during services or when musical practice occurs. I talked about the minimum setback of 110 feet from Napa Way--Napa Woods Way,and we'll also be 75 feet from the east property line,which is the nearest residential neighbor. The building will be constructed of materials designed to provide soundproof dampening and to reduce through-wall penetrations—penetrations for noise,which will go hand in hand with No. 12,which is there will be no outdoor amplified music permitted on the property. The lighting will be limited to 15 feet in height,as I already mentioned,and we'll utilize flat panel fixtures and cutoff shields to assure that there's no light spilling onto our neighbors. One of the concerns that I think another church in Collier County is doing is they're basically leasing out the facility to other churches. We will not do that. We will be the only church occupying and utilizing the facility. We will retain the native vegetation,and we'll hand clear it of any exotics,because we have to remove exotics,and we'll obviously supplement any bare spots,if you will,that come about by clearing of the exotics with the types of plantings we've talked to you in this commitment,and they'll be planted--they'll be at 8 feet and opacity of 80 percent within a year. I mentioned we would plant the water management swale with bald cypress. That will be 12-foot high and staggered. The architectural style of the building will be mediterranean using earth color tones and tile roofing materials. What I want to do is—we prepared kind of a flyover with the building placed on the site and--kind of take you through what it will look like when the building is actually there. COMMISSIONER CHRZANOWSKI: Rich,a question. MR.YOVANOVICH: Yes. COMMISSIONER CHRZANOWSKI: And I don't really care. But No. 4,exits to the rear will be limited to those required by fire code. Who cares? Why? MR.YOVANOVICH: The neighbors are concerned about noise. They're concerned about access to the building. And to the rear is the south,and across the street there is a home. And what we've basically said is out of respect for the home across the street,we'll limit all activity to the front of the building,which is adjacent to Pine Ridge Road and,as you know,the only access we have to the site on Pine Ridge Road. Page 8 of 50 Packet Page-89- 1126120169.A. November 5,2015 I There is no access to this church from Napa Woods Way. And in keeping with concerns we heard about 1 potential noise,we've included the provision that,you know,we won't have any doors that in any way people would want to go out in the back. !i COMMISSIONER CHRZANOWSKI: You're going to have windows,and the doors are going to be E. ft closed,but you think that--okay. Well,no problem. MR.YOVANOVICH: Again,I think what we have done,and as Johnny has said,is we have—we have gone above and beyond to address concerns,in my opinion,from the neighborhood. And I'll show you I this aerial in a second. But I've talked to many of you about a comparable church,as I think it is. I go to Vanderbilt Presbyterian Church which is at--on Immokalee Road. It's right in front of Willoughby Acres. Palm River's around us. I believe we're a good neighbor. I haven't heard any complaints about our existence in that il neighborhood and,frankly,if you look around,most churches are in neighborhoods. I know someone will point out an example of a church that's not in a neighborhood,but I will tell you most churches that I know of when I was growing up,as well as in Naples,are actually in the neighborhoods t and actually provide—you know,I was talking to another consultant that I do work with. You know,he grew up,and they used the parking lot to play wiffie ball and this—kick ball and all this stuff during the week. I did the same thing growing up. But my church is actually larger than I thought it was;it's 500 seats,and it's 5.3 acres. So it's bigger { than what is being proposed to you today,and it's not caused any issues with existing residential neighbors. So I say that because in response to your question,Mr.Chrzanowski,is we have done a lot of things i to make sure we address the concerns other than"just go away,"and that's really what the residents told us at the neighborhood information.We don't want a church on this piece of property.It's not personal to your church. It's they don't think this property should be developed as a church. iI So I.'m going to take you through this flyover to show you how we will fit in. And with that,I'll close our presentation and answer any questions you may have. (Aerial being shown on the overhead.) k MR.YOVANOVICH: And with that,I'll request that the Planning Commission follow your staffs recommendations to approve the conditional use.And we will be happy to answer any questions you have regarding our petition. CHAIRPERSON HOMIAK: Does anyone have any questions at this point or-- COMMISSIONER CHRZANOWSKI: Just a comment. Is that flyover going to be the new gold standard for how we look at projects? CHAIRPERSON HOMIAK: I don't know. It's pretty cool. COMMISSIONER EBERT: It's nice. CHAIRPERSON HOMIAK: I'd like to see that,yeah. > MR.YOVANOVICH: You like it? And it may have to be. Because every project we do,as you it know,now is basically adjacent to neighbors. And this,I think,gives a good perspective of what they will 1 I see when the property is actually developed. i 1 COMMISSIONER EBERT: Rich,I have one question. I believe it has been answered,but I'm going to ask it anyway. t You will not be letting,like,Weight Watchers or anyone else use this church? This will be '' historically for church utility only;is that correct? MR.YOVANOVICH: Let me--can I--and I don't know about Weight Watchers,but I want--I want to answer--and Johnny will correct me if I get anything wrong. j Currently these are the uses that occur at the church. I don't know if--if the Boy Scouts approached them and said,we would like to have Boy Scout meetings at your church on whatever evening,I don't want that to be prohibited,because my church does that. I don't know--I think most churches have those types of } civic uses of their buildings,but they're not big users. ii There have been some--there's some correspondence--and I didn't read every email.But there's been some allegations about certain types of counseling and rehabilitation programs that people are saying will happen at this facility. Those uses will not happen at this facility. I Page 9 of 50 Packet Page-90- 1/26/2016 9.A. November 5,2015 The typical types of church uses are all we're asking for. And I think the Boy Scouts,Cub Scouts, Girl Scouts--I think Ms.Roman has her Orchid club meet at my church. Those are uses that churches typically--homeowners'association meetings happen,you know,at Vanderbilt--at Covenant Presbyterian Church. Those types of uses will occur,so I don't--or may occur. I don't think that's what you're saying we shouldn't allow to happen,but-- COMMISSIONER EBERT: No,no,no. MR.YOVANOVICH: —those other types of uses that are in some of the emails absolutely will not occur and are not allowed to occur on the property. COMMISSIONER EBERT: Thank you. That's what I was checking. CHAIRPERSON HOMIAK: In the other list that we had--the same list that was on the hours of operation limited to 6:30 a.m.to 10 p.m.,would that be— MR.YOVANOVICH: Let me give--here's my concern about that. And I've--we had the same discussion at Covenant when we came through this process,and they were pretty emphatic about there are—there will be some youth lock-ins that happen. That will go past 10 o'clock at night. It does at my church. You know,the youth groups stay there. They'll stay overnight and be together. So hours of operation,we've never been--those have never been imposed on any other churches, and we don't think that they should be imposed. You know,if there's something that happens in the world, some catastrophic event,and they would to have—we call them vigils at my church--where they want to have a midnight worship service to show support for something that happened. We don't want to have those types of hours of operation limiting this church. So as far as--we've told you the typical week in the church. That's what happens. But will there be the occasional,maybe,youth lock-in,maybe,don't know,but we don't want to be prohibited from doing that as well as addressing different scenarios. We talked about limiting it to two or three times,you know,in case they wanted to have,like,you know,a candlelight service for Christmas. But it becomes so difficult to do that,and I don't think it's necessary for churches. CHAIRPERSON HOMIAK: Okay. And the right-of-way for the turn lane,does-- MR.YOVANOVICH: We would have to provide compensating right-of-way for that,and we will be doing that off of Pine Ridge Road. CHAIRPERSON HOMIAK: And relocating the bus stop? MR YOVANOVICH: We'll move the--I think there's a sign there right now. We'll move it to where it's out of the way of the turn lane,yes,ma'am. We're comfortable with staffs recommendations. COMMISSIONER SOLIS: Rich, in looking at the aerial,there seems to be a structure that's right near the property line to the east. What exactly is that? Is that the house? Is that-- MR.YOVANOVICH: That is the neighbor's property. I think it's a small house that exists on that piece of property. I could--I didn't want to drive back in there to find out exactly what it was,but— COMMISSIONER SOLIS: Good choice. MR.YOVANOVICH: From the aerial and from what I've been told,it looks like it's a small house on that piece of property. CHAIRPERSON HOMIAK: Anything else? (No response.) CHAIRPERSON HOMIAK: No? Okay. MR. YOVANOVICH: Well,thank you. CHAIRPERSON HOMIAK: Staff report? MR.REISCHL: Thank you,Ms.Homiak. Fred Reischl,Zoning Division. We did not get a chance to review these changes. We're seeing them at the same time that you did, so--it appears from what we just heard that this is a reduction from what we recommended for approval previously. And,again,we haven't reviewed it,but if it is a reduction,then we would support or stand by the Page 10 of 50 Packet Page -91- 1/26/20169.A. November 5,2015 recommendation of approval. CHAIRPERSON HOMIAK: Okay. Thank you. Are there any questions for the staff? COMMISSIONER ROMAN: Yes,I have a question for staff. I'd like you to go over the zoning,particularly if we could get to the overhead of the parcel itself. Yes,that's great. Now,when we look at—if I could have the staff explain the zoning of the parcel to the left,which is the Pefa medical center,the parcel—go ahead. I'm sorry. MR.REISCHL: That's zoned Cl COMMISSIONER ROMAN: Okay,that is Cl. Was that zoning changed during its petition process? MR.REISCHL: Yes. That was a Growth Management Plan amendment and a rezone,I believe, in 1998. COMMISSIONER ROMAN: Prior to that,was it zoned-- MR.REISCHL: Estates. COMMISSIONER ROMAN: —Estates? MR.REISCHL: Yes. COMMISSIONER ROMAN: So the parcel on the corner,the Pefa medical center now,was zoned Golden Gate Estates? MR.REISCHL: Yes. COMMISSIONER ROMAN: The parcel of the petition today is zoned Golden Gate Estates? MR.REISCHL: Zoned E Estates,right. COMMISSIONER ROMAN: Okay. The parcel to the east of today's parcel—of the petition is zoned what? MR REISCHL: Estates. COMMISSIONER ROMAN: Okay. So at one point all three of those parcels were zoned Estates and some still are;is that correct? MR. REISCHL: Right. COMMISSIONER ROMAN: All right. Now,across Napa Boulevard,that parcel is commercial, right? I, MR.REISCHL: It's a commercial PUD. COMMISSIONER ROMAN: Commercial PUD,all right. So in reading the 1998 minutes of the commission meeting,the commissioners agreed that the Pefa medical center was rezoned as the transitional parcel. MR.REISCHL: From reading the--I wasn't at that hearing,but from reading it,that's what it appears to have been. COMMISSIONER ROMAN: All right. Thank you very much. CHAIRPERSON HOMIAK: Anyone else? (No response.) MR YOVANOVICH: May I comment on that,if it's appropriate,or do you want me to wait until— CHAIRPERSON HOMIAK: No,go ahead. COMMISSIONER SOLIS: Let me just ask a couple questions. One is,can you go through—the conditional use has certain limitations as to what a conditional use can be and also what it can be adjacent to, right? Can you just explain exactly what the uses are and what the limitations are for putting a conditional use--a transitional conditional use next to whatever property it's next to. MR.REISCHL: This is a little bit different because Estates conditional uses are different from conditional uses in other zoning districts. In most zoning districts,any parcel can apply for a conditional use. In the Estates—and the history on this is because of Golden Gate Parkway west of Santa Barbara,you started to get churches,daycare,bridge clubs,and the Board of County Commissioners didn't want just a strip of nonresidential uses there,so they put locational criteria into the Growth Management Plan. And according to Comprehensive Planning's review,this is a parcel that meets the criteria for Page 11 of 50 Packet Page-92- 1/26/2016 9.A. November 5,2015 transitional conditional use;therefore,a conditional use can apply on this parcel. They could not apply on the parcel to the east because it doesn't meet the locational criteria. COMMISSIONER ROMAN: At this time. But if this parcel would change,could that parcel meet the criteria? MR.REISCHL: No,because a—the locational criteria says it has to be a nonresidential use,and this is going to be a conditional use of a residential district,Estates. So,no,it will not creep,I guess. COMMISSIONER SOLIS: Right. So that was getting to--my question is if the conditional use is approved,then there can't be,one,the joining of the two parcels,this parcel and the one to the east. That couldn't happen because Pm assuming that Rich is correct that then it would be too big for a conditional use. It would be more than five acres. MR.REISCHL: Correct. COMMISSIONER SOLIS: And then,number two,that because there's a conditional--there would be a conditional use on this property,that would be for the three or four different things that are allowed for a transitional conditional use,then another transitional conditional use couldn't be applied for on the adjoining property. So that's what prevents the creep,in effect. MR.REISCHL: Correct. But let me state--and I stated this at the second neighborhood info meeting,too. I've learned from many years in this business to never say never because there are other ways this could happen. There could be a Growth Management Plan amendment. There's going to be the Golden Gate area restudy. There are lots of other things that could happen. But under today's code,you are correct. COMMISSIONER SOLIS: And that's what we have to deal with today is today's code? MR REISCHL: Yes. COMMISSIONER ROMAN: I think,though,technically,that while churches are a noncommercial use,they can have commercial-like intensity,and I think that that's a factor that at least Pm considering. MR.YOVANOVICH: May I? CHAIRPERSON HOMIAK: Oh,go ahead. MR.YOVANOVICH: I wasn't sure. What I've done is put the Comp Plan language on the code—on your visualizer. There are two instances in the Growth Management Plan for Golden Gate Estates where you can have conditional uses. What Mr. Solis was describing regarding transitional conditional use is for neighborhood center conditional uses,which is above here,okay. If you're adjacent to a neighborhood center,there are limited types of conditional uses you can request. We qualify under--we qualify under the transitional conditional use criteria,which has the size limitations Mr. Solis was referring to as well as it specifically says you can't use--you can't ask for a conditional use adjacent to a church. So,absolutely correct,there cannot be creep based upon the existing Comprehensive Plan. So I can't--I can't predict the future. I can only tell you my personal experience in trying to amend the Collier County Growth Management Plan,since it's kind of one of the ways I make a living,is its very difficult to amend the Growth Management Plan because you need to get four out of five commissioners,and I will tell you you rarely see me or Mr.Anderson or anybody else bring forward a Growth Management Plan amendment that would make no sense and we'd know would be dead on arrival. I would say to you that I'm fairly certain bringing a Growth Management Plan amendment for the adjacent piece of property would fit the category of being dead on arriving. So I hope that we can look at what today's code is,because that's all you really can apply,but I don't believe there's a realistic opportunity for the Growth Management Plan on an individual basis to be amended. And I will also point out,if this piece of property was not intended to be eligible to use the transitional conditional use provisions,there would have been an exclusion in the Comprehensive Plan. There are many instances in the Growth Management Plan as exists today that says you can't use this provision on this piece of property. It's not unusual for that to occur. You do not see that exception on this particular piece of property and on this particular code provision. And these provisions,as they exist in their current form,were all approved after the Growth Management Plan amendment that occurred for Dr.Pe±a's property. So if there was an intention to not allow Page 12 of 50 Packet Page-93- } t '1126120169.A. /' November 5,2015 I conditional uses on this piece of property based upon prior testimony that occurred,there would have been an exception. Thank you. g COMMISSIONER EBERT: Do you want to hear from the public? CHAIRPERSON HOMIAK: Yeah. David, did you have something to say. You were standing up there before and sat down again. MR.WEEKS: For the record,David Weeks of the Comprehensive Planning section. Basically I can just say that what's already been represented by other staff and Rich regarding what the Comprehensive Plan says is accurate. CHAIRPERSON HOMIAK: Thank you. Okay. Now we're going to hear from the public speakers. Have they registered or-- MR.REISCHL: Yes. I Excuse me. The last name is Perez. First name is Alfa,followed by Lou Perez. MS.PEREZ: Good morning. My name is Alfa Perez. I'm here for the second time. I actually I traded my day off tomorrow for today to be here again because I am a property owner,and I do have rights. I Just like Summit does,so do I. I've been in this neighborhood for 18 years.My neighborhood been quiet. It been nice. And I am not opposed to change,but the change that Summit is going to give us is not positive change for us. It's not going to enhance the character of our neighborhood. It's not going to beautify it. Ifs not going to give us 4 anything that's beneficial to us. It's going to bring a bunch of people into our neighborhood that we do not need. When it comes to Pine Ridge Road,the intersection of Napa Boulevard and Pine Ridge Road is very, I very busy. It is very scary. Every time Pm coming home from work,it's so hard for people to brake behind x you that I'm always afraid that Pm going to get rear-ended. Putting 200 more cars on that road at any given time is going to create a lot of chaos,a lot of traffic jams,a lot of accidents. I 1 Please,before any tragedy happen,stop this, stop it for us,the neighbors. All of us live on the street i and all the people that go across the street to the PUD over there where they have a hospital,a gym,Publix,a g whole bunch of business.We do not need any more roads on that intersection—any more cars,I'm sorry,on that road. 1 That intersection is very busy as is. Let's be proactive instead of reactive,and let's not wait for a major tragedy to occur. Let's stop it from happening right now. Thank you. CHAIRPERSON HOMIAK: Thank you. MR.REISCHL: The next speaker Lou Perez,followed by Ty Vigil. MR.PEREZ: Good morning,all. My name is Lou Perez. I'm here today to,again,bring up the situations that we feel are very strong regarding this petition on our neighborhood. g The last planning meeting or the last neighborhood informational meeting that was held,we were i I pretty much given the changes that Summit Church was willing to offer. In my opinion--and many people have opinions,but from what I could see,the current--today's actual message by the pastor representing Summit Church here today,he mentioned that his vision back when they started Summit Church 10 years ago--they built a 22,000 square foot,or approximately thereof,building on 10 acres. They were thinking about maybe going even bigger and building that on their property,but as they grew and they moved their location to downtown or Naples from Estero,they realized that their mission had changed,and they wanted to put in a lot of different parishes to be able to better serve the community and to bring the word of Jesus Christ out to everyone. Well,that's wonderful,but in that statement is a conflict of interest,because in their original proposal--which means that they offered Collier County planning 30,000 square feet on four acres,and the seating was 400. The parking was 200 or thereabouts,200 parking spots. That's not in line with what he just said,that that's his planning--was their church mission planning goal. It just doesn't make sense,but it would make sense to me Willey were trying to bring in this ridiculous amount of square foot in a residential area,building,and then use it as a bargaining chip. Well,we Page 13 of 50 Packet Page-94- 1/26/2016 9.A. November 5,2015 were actually going to give you--we're going to come down to 19-,which probably was their original plan all along. So their offering of reducing it to 19,000 really means nothing because they still have 400 seats. They have not reduced the intensity of the traffic into the location. They've only reduced the intensity of the structure. Then the parking is still at approximately the same, 163,I believe,or 150 parking. And that's going to create a lot of traffic on that deceleration lane. That's within the actual intersection of a three-lane--actually four-lane with the left-turn lane--available going into that intersection of Napa Boulevard and Pine Ridge Road. It is a very dangerous intersection indeed. And across the street from the actual petitioner's site is a huge shopping center. The shopping center has--I don't know. The whole front of the area,there's no outparcels,so the whole front of the property is actually parking.So—and that serves the Vineyards community and the Napa Woods community,Napa Woods Way. So we have that area there. Then we also have Physicians Regional,which is a big church—Pm sorry—a big hospital. I don't know how many beds they have. But at any given time,there's ambulances,helicopters flying into the area--which a helicopter doesn't affect the traffic unless you have somebody who's looking up at the helicopter,not paying attention and crashes into the guy in front of him because the Ight just turned on him. It's happened. We've seen it. I've recorded a video of an accident that happened just after the last informational meeting that we had. And I said,wow. How insane is this?This just happened just now,after that,and we're not even in season. As soon as the time change occurred,it was like,wow,what happened? There was traffic everywhere. Those three lanes of traffic on Pine Ridge were backed up and going into the intersection, coming out of the intersection. I'm sure the traffic cams could verify that if we had the capability of seeing any of the traffic cam videos from the hour change from just last week. But the situation that I see is the transitional conditional uses. If we transition from a transitional property for a conditional use,the intent or the situation hasn't changed. We still have the intensity. As Mr.Reischl said,never say never because we don't have future board meetings already predicted for any other petitions. But from what I could see,we don't really need to worry about that because they have not met the intensity. They have not met--they have not come down in intensity.They have only made the building structure smaller,and they have--still have not changed their hours of operation,which I understand that they could have a youth meeting at one hour,church services on another day at a different hour. I go to church. I go to St.Elizabeth Seton,so I know all the different programs that churches have. What we feel is that this does not fit into the neighborhood. It doesn't fit into the neighborhood because it's not going to bring anything better to our neighborhood. It's not adding value to our neighborhood. If anything,ifs detractive resale value to our neighborhood.That's one of the issues that we have. We're all for churches. We actually have one at the end of the street on Napa Woods Way,which actually goes down. They add quite a bit of traffic,too. On Sundays and on Saturday evenings you can wait quite a while for that light to change because there could be four to six cars still waiting for the light,and the light changes rather quickly exiting into Pine Ridge Road,and then you have to wait quite a while for that light to give you the opportunity to go out,or you make a right-hand turn,go down a mile,make a U-turn, and then come back on Pine Ridge if you're going ahead eastbound. That's the only way to get--to beat that light. So these conditions where we're looking at transitional--transitional,transitional,transitional conditional use,I think this is not going to stop. In the overhead we see that the property adjoining is right next to it. Today we've just learned from information that a wall will actually be put up. The way we see things here,we're looking at not quite honest going forward into the situation. When we were—when we were approached,we were approached by minimum,minimum requirement. If we were actually thought after as neighbors and not as a dollar sign for our neighborhood to be Page 14 of 50 Packet Page-95- 1/26/20169.A. November 5,2015 taken,we would have had a little bit more in the first informational meeting. We would have had more outreach from the church. We didn't. The other thing also is that,let I not forget,there's plenty of property that they could buy that meets this area,that meets their needs for the area. There's one right next to Hooters,Harley Davidson,which is commercial use. Ifs commercial. You can use it. You can have the--you have all of the coming in and coming--and going out,egress and ingress,you have all of that situation already set up by planning because that parcel is set up for that. Here we have changes. We have to have a deceleration lane within 600 feet of an intersection. We have to have a bus stop requiring--you know,maybe it's just a sign,so there's no covered area location for someone to stand there. But the situation--the other situation is when this property was sold,nobody knew about it. Nobody—none of the residents-- CHAIRPERSON HOMIAK: You need to finish up quickly here. MR.PEREZ: Thank you. CHAIRPERSON HOMIAK: Please. MS.PEREZ: Nobody knew about this property. But in the first informational meeting when it was brought up to us,there were offers to buy this to maintain this residential from them. And here we are in the third meeting because they have no intention of doing that. Thank you very much. COMMISSIONER CHRZANOWSKI: Something—could I ask a question of staff in between this? CHAIRPERSON HOMIAK: Sure,sure. Go ahead. COMMISSIONER CHRZANOWSKI: I don't know how many of you guys have been around a long time,but Napa Boulevard,that short stretch,that seems like an unnecessary road,and having an intersection there with lights seems to cause more damage than it helps. Does anyone know why? I'm familiar with the original plat of Golden Gate Estates,and there was no road there. So somehow that road was created. Does anybody remember why that was put there? MR.REISCHL: I don't remember. I think it might have to do with the construction of the Pine 'f Ridge Road extension for what used to be White and interconnecting those two,but I'm looking at Mike Sawyer to see if he has any more knowledge on it. ?' COMMISSIONER CHRZANOWSKI: It still makes no sense. I know that predates Mike,Pm pretty sure.Maybe Tim Hancock would know. MR. SAWYER: Commissioner,for the record,Mike Sawyer,Transportation Planning. I can research that for you,but I—personally,I do not know,but Pd be happy to research that for you. COMMISSIONER CHRZANOWSKI: I wouldn't bother,because by the time you research it,this meeting will be over. MR. SAWYER: It's the best I can do;I'm sorry. COMMISSIONER CHRZANOWSKI: Oh,David. David's been around a long time. MR.WEEKS: For the record,David Weeks. Commissioners,I can tell you that before the Vineyards was developed,Napa Boulevard,I think by that name,extended from Vanderbilt Beach Road all the way to Pine Ridge,and then Vineyards Boulevard, once the Vineyards was developed,as I recall,did take over a portion of that alignment.That's as far as back as I can recall of history.But there actually was a north/south road called Napa Boulevard from.Vanderbilt Beach Road all the way down to Pine Ridge. COMMISSIONER CHRZANOWSKI: Yeah. Before they built I-75,I can remember driving my motorcycle down through that area,and I don't remember a road parallelling the 1-75 course with an intersection. MR. WEEKS: Yeah. And it was--as I recall,it was primarily a straight north/south road,whereas Vineyards Boulevard today has more meander to it. That's my recollection. COMMISSIONER CHRZANOWSKI: Okay,thanks. COMMISSIONER EBERT: David,I have a quick question for you. Is this not in an area of an Page 15 of 50 Packet Page-96- 1/26/2016 9.A. November 5,2015 activity center? MR.WEEKS: It's adjacent to an activity center. With the Comprehensive Plan amendment that occurred previously to allow the Pefa medical office center to the west to become part of the activity center, that amendment was to expand the activity center to add that parcel where the Pena medical center is now located. COMMISSIONER EBERT: So--okay. So on Napa—Napa Boulevard,to the west is commercial. That would be part of an activity center there,and nothing has been built there yet;is that correct? MR WEEKS: West of Napa is correct. It's a--it's zoned commercial. I think it's Astron Plaza PUD. COMMISSIONER EBERT: Okay. MR.WEEKS: It is zoned but undeveloped. • COMMISSIONER EBERT: Okay. Very good. So that could be commercial in there also. Thank you. MR.WEEKS: Oh,yes. CHAIRPERSON HOMIAK: Okay. MR.REISCHL: Your next speaker is Ty Vigil,followed by J.T.Menakev(sic). MR.VIGIL: Thank you,Madam Chair. From a--more of a federal perspective,I served on some hearings and some workshops for exiting Connie Mack in Washington,D.C. And you touched on T-75. When we sat and had those meetings on widening I-75 and trying to get federal dollars down into Southwest Florida to widen I-75,there was frequent conversations about exits and ingress/egress off of I-75. And if you look into the Eisenhower administration,it talks about the--what is available on the ingress/egress. There's got to be hotels,there's got to be EMS services,there's got to be mechanic shops,gas stations,that type of thing;hence why we don't have an ingress/egress on Vanderbilt or on Everglades,which there has been dialogue and chatter about in the past. With respect to the ingress/egress off Pine Ridge Road,Connie Mack at the time had frequent conversations with then the Collier County Commissioners. I think Coyle served at the time and maybe even Mr.Halas,Commissioner Halas. And the communication was great in terms of,historically,if you look at, in 1998,the meeting minutes which were alluded to earlier,was that the reason why they moved to the conditional use very quickly is because they did not want it to be commercial with respect to the residents. So with that conditional use would mean a church or something giving back to the community.And in due fairness to the comment to put a church between Hooters and a motorcycle shop probably won't be the great location for a church. So I just wanted to kind of--I'll yield back the rest of my time for the other speakers,but I wanted to let you know that the commissioners at the time did a great job. The Planning Commission did a great job. The federal government all worked with each other to make sure this is zoned conditional so that this can take place today. Thank you. CHAIRPERSON HOMIAK: Thank you. MR. REISCHL: J.T.Menakev(sic),followed by Gary Grosser. MR.MENAKER: Good morning. My name is Tom Menaker. I'm a resident of Marco Island and an active member of the Unitary Congregation of Greater Naples,which is just about a block and a half away from the site that we're discussing. I've been asked by my congregation to appear here. Our first concern was with traffic. And I would say 90 percent of those concerns have been met by the changes that the church and counsel have expressed this morning,and we're pleased to see that. We have a compliment for them in restoring the preserve at the south end of the property along Napa Woods Way. We have a large garden preserve of our own. We think we're good neighbors because of that, and we hope that will help them be good neighbors as well. We're very happy to see that they will not be attempting to access the property from Napa Woods Page 16 of 50 Packet Page-97- 1/26/20169.A. November 5,2015 Way,the southern end of their property. Our remaining concern would be with a rumor we've heard that they want to lease parking spots from Dr.Pe±a's property to their immediate west.That's along Napa Way. That's where the traffic builds up. And please don't take Napa Way away from us. It's our lifeline,because-- COMMISSIONER CHRZANOWSKI: Just the light. 1: MR.MENAKER Well,the light--you take that away—if you want a disaster,you'll take that away. COMMISSIONER CHRZANOWSKI: Close the median cut. I know. I know. rm joking. MR.MENAKER Right now we need a left turn signal there,but that's another issue that traffic can take up. ,4 But if they would be leasing spots from Dr.Pe±a along Napa Way,that would greatly increase traffic. When we have a service that let's out on Sunday morning or other events through the week--and • we're also busy on Wednesday night as they plan to be--that whole block fills up completely sometimes with traffic waiting to get out onto Pine Ridge,and especially to take a left there. If they had their own car coming out of Dr.Pefa's parking lot,it would greatly increase the problem. We hope that they won't be permitted to do that. Those are our objections,and we thank you for listening us to. CHAIRPERSON HOMIAK: Thank you. MR.REISCHL: Gary Grosser,followed by David Monk. MR.GROSSER: For the record,my name is Gary Grosser. I must be one of the oldest people here because I do remember a lot of the parallelling roads. When you talk about Napa Boulevard paralleling I-75, I remember when 1-75 didn't exist. I moved to Southwest Florida in 1970. For 30 years I worked within the 20th Judicial Circuit,which includes Collier County. And when I start to think back about some of the things that I moved here for and some of the things that have disappeared over that time,I go back to an analogy of how a flea can eat an elephant And when somebody is asking the flea how he's going to do it,he does a very simple response: One bite at a time. That's the way creep occurs. I've watched creep,and I've watched urban sprawl for the past 45 or 50 years here in Southwest Florida,and I see that the good intentions of people to provide a service within a community sometimes can have some adverse effect. When I look at the first place I resided here in Southwest Florida,which was Fort Myers Beach,I moved there because of the tranquility,the peacefulness of the community,the availability of sports activities,and I watched it disappear,over the course of several years,little bites at a time. And when you listen to some of the community people here and you listen to some of the people involved in this project proposal,you would probably think that we're opposed to a church on Napa Woods Way. We are not. People along that community line are faithful people. They're believers. We know that churches make good neighbors. Every community should have one. We already do. And they are good neighbors. And I would applaud the planners and the church for the proposals that they have changed in terms of the community meetings that we've had,but I will tell you that one of the concerns of the community is that when we see a change take place,from an individual standpoint it's easy to say it's a conditional use. Nothing else will happen after that. Never say never. And when we look back and we see what has occurred,we have to say to ourselves,remind ourselves,we can't look into the future. We can look into the past. And it has been said before,if we don't pay attention to history,we're doomed to repeat it And we do not wish to see any sprawl within our community. We are a neighborhood community of residents. That's the way we would like it to stay. We are not opposed to a church per se. We just don't want to see the sprawl. And when we look at the humanality involved in this and we look at what has occurred in terms of saying this will be the only property that this occurs on,this will be the only transition property for Dr.Pella;yet,we also see a lot of proposals and promises that were made then that have not to this day been fulfilled. If that's a failure within the community,that's one thing. But if it's a failure by the people that are project managers and the property Page 17 of 50 Packet Page-98- 1/26/2016 9.A. November 5,2015 owners,that's another entirely. We can't go back and make changes that have already occurred. There are plenty of available properties where this church could seek its correct conditional use without any difficulties. We just don't want to be in a position where our peace and tranquility has been disturbed and the future viability of those properties is impinged in any way. Thank you very much for your time. MR REISCHL: David Monk,followed by Luis Cid. MR.DAVID MONK: I'm probably one of your most unique residents on the street. .I spent 22 years as a child growing up on the street. My parents have lived there since I was,I think,three months old on. I then later moved away to a gated community,and,you know,got married and so forth,and decided I love the location. It was as far in town almost as you can get that felt like out in the woods. It was trees. It was peaceful. Great place to grow a family. I grew up there. It's just a location in town that,you know, brought a perfect place for our family. We bought our house based on location. We don't have the newest,greatest house. It was all location,location,location. It's,you know,kind of what(sic)we came to the area. There's concerns on my part. I've got a two-and-a-half year old,a four month old. We walk the streets. We rollerblade the streets. There's no sidewalks. There's no need. When I was a kid,it used to be a race lane.They put eight speed bumps--seven or eight speed bumps on the street to slow it down for the neighbors. It used to be the cut-through road to Logan. Adding more commercial--there's no way to predict the future. There's no way to predict those coming from the east don't turn left on Logan,come down our street,make a right,make a right into the church. I know that they've come off the entry of our street,which is appreciated,but there's no way to predict how they're going to stay off the street.There's no way to predict keeping the parking off the street. If they have a large event,there's nowhere--are they going to cross Pine Ridge Road at night? No. They're going to park on the same side so ifs walkable. You mentioned before the commissioner did not want a strip. There's a commercial lot on Napa, there's the doctor's office,and now this will be going in. What--kind of the definition of what's a strip? Is it one place,two places? When does it become a strip in a residential area that's frying to be avoided? Predicting the future,I feel that—I was a child at the last time Pei-a's went in,the same presentation put,you know,transitional area;the next one won't. Again,the past,not to reiterate. Also,what if the building sold? 1 have high respect for Summit Church. I know a lot of people that go to Summit Church. I go to Center Point church,but you can't predict the future. They've been,you know, accommodating,they've done everything trying to help,but what if they sell it? What if someone else comes in as a church,rents the building,leases the building and so forth? There's no way to,again,predict the future,but it's that--keeping it as a residential street without adding commercial vibe to it. Thank you. COMMISSIONER CHRZANOWSKI: Hold on a second.Did they close off your median cut on Logan Boulevard? MR DAVID MONK: I'm sorry? COMMISSIONER CHRZANOWSKI: Coming out of-- MR.DAVID MONK: Yes. COMMISSIONER CHRZANOWSKI: They closed— MR DAVID MONK: You can no longer--you can no longer make a right--or,I'm sorry,a left from Napa Woods Way onto Logan. COMMISSIONER CHRZANOWSKI: Yeah. I had a buddy took out a-bottom of his car on that curb.That curb used to be all damaged. I'm glad they took that out. MR.DAVID MONK: Yeah. And,I mean,it's just--it was a high traffic-- COMMISSIONER CHRZANOWSKI: But you can't make a left and come down and then come back to the church. MR.DAVID MONK: No. But you can— Page 18 of 50 Packet Page-99- 1/26/20169.A. ' ii November 5,2015 1' COMMISSIONER CHRZANOWSKI: Okay. That's what I thought you were talking about. 4 i. MR.DAVID MONK: No. You can come from the east,make a left onto Logan,make a right onto Napa Woods Way,and then it's just right-hand turns into the church. Because the U-turn to get on Pine 'r Ridge at Logan Boulevard—or on Napa Woods Way--or Napa Boulevard,it would have to be--anyone coming from the east would have to do a U-turn there. Well,that traffic light is real quick.You can get one or two cars through it,so that will get backed up from--anyone coming from the east will have to do a U-turn at Napa Boulevard or turn on Logan and go down Napa Woods Way,which would be-- COMMISSIONER CHRZANOWSKI: Still seems out of the way,but-- MR.DAVID MONK: But it's— } MR.GROSSER: It's half a block. MR.DAVID MONK: Yeah,it's a traffic light turn into the community. It's right-hand turns,and g they can pull right in. Ifs not waiting at a U-turn line that will be backed up with an existing church that's already making left-hand turns into the community. It will be,you know,twice as long with having two churches making the only left-hand turn into the street unless they cut through on the end of the street,which, again,no sidewalks,you know,can't rollerblade with the family and kids and—it's a safety concern,so... COMMISSIONER CHRZANOWSKI: Thank you. IvR REISCHL: Next speaker is Luis Cid,followed by Keith Monk. CHAIRPERSON HOMIAK: Okay. I just want to—after this speaker here,we'll take a 15-minute 1 break. c MR.CID: Good morning. My name is Luis Cid,and I live right across the street from the property. And what I want to say first,when I built my home there,I had a lot of choice to build somewhere in Collier County or go to a community.I choose to go there. I think it was a great property. I have family on that block. And everybody told me I was crazy because I'm building a big home compared with everybody's in 7 the neighborhood,but I wanted to create something nice in the neighborhood to bring value to the property and to the neighborhood,not decreasing. is Right now,with this property,what's going to happen with the Summit Church or whatever commercial--because it's commercial no matter how you call it. You can be politically correct,but it's f commercial. It's going to decrease the property value to our neighborhood. Now,Collier County's not going to give me a break on the taxes because my home is big home and, also,it's going to—Collier County's not—Summit Church is going to go to that property.They're not going d. to pay any taxes at all. That means Collier County's going to lose about 8,000 to$10,000 in taxes revenue. My taxes right now just came in,and it's$8,000. Now,I don't mind paying taxes. I love to pay taxes because I love the property to be nice,and Collier County takes care of all the properties. But when somebody coming to de-evaluate(sic)my property,I have an issue with that. This is the property right there. You can see it. And also I want to make sure that I oppose this it development. Transitional property is a property that's not good for residential use. This property is perfect { for a home. s Ladies and gentlemen,look at this property.It's full of trees. This development will destroy all the trees and replace with concrete and asphalt. These trees provide a buffer from Pine Ridge Road noise. They also help with security and privacy. Please help protect our Napa Woods area,as its name say Napa Wood, not Napa Concrete. 1 And I'm going to show you the Fort Myers building they have. This building is 20,000 square feet, and the land is about 10 acres. It looks like the property is empty. All the trees have been removed. There's a lot of concrete and asphalt also there. As they say,they want to void or destroy our area. The property in Napa Woods is only four acres, and they want to put almost 20,000 square feet building in it. It's not good for our neighborhood. It does not fit in. I'm going to show you St.Monica. They compared the last meeting to St.Monica. In the last meeting,they compared St.Monica.to this property. Well, St.Monica is located in Immokalee Road about - three miles away from 1-75. Also,that property is all commercial on the north side of Immokalee Road all Page 19 of 50 Packet Page -100- 1 1/26/2016 9.A. November 5,2015 the way to Logan. We have 11 houses in our property. That means our neighbors,they're going to be pushed away from their property. They bought in there. There's no reason somebody come in and push it away,because eventually somebody's going to do commercial,and they're going to push our neighbors away. They're going to have to give up,sell for cheap,that way they do commercial,and after that they can sell it for a lot of money. Okay. Also I want to show you,this is also where my son come to be almost every Sunday. The only day--I work six days a week. I work(sic)about three miles away from my job. And every Sunday what I do is put a tent in front of my house and collect signatures for people that are against it,or whatever it is. And so far everybody's against it. My neighbors and people that I know,they drive by there. I have people from the church in the corner,also they sign for us. Obvious they didn't like the signature because it was before the other plan the last meeting,so I got to redo it again to be a good person and redo it,and I got more than 110 people sign for this petition. So they don't care about the people in the neighborhood. You know,it's sad to say,but they don't care. To be a church,they're hiding behind the church,and they don't care about the neighborhood. They care about,put something in there and get away with what they want,and I think that's wrong. Also,I want to show you another one. Sorry.I go to St.Elizabeth Seton,and if you guys realize what's happening there,over the years they grow--they grew and they get bigger and bigger.If you go there on Sunday,all the cars park in Golden Gate Parkway and people's property,and it's not fair for the people that live there that people parks in their own sidewalk or right-of-way or whatever. They park all over the Golden Gate Parkway and the street,and it's wrong they're doing that And that's what's going to happen with this church. I'm not opposed to the church. They can go someplace else where it's more available land,and they can build something nice. If they grow,it's great. I never see a church get smaller. Always get bigger. And they were saying there was no property in Pine Ridge Road. It was property—it's a--it's a property 19 acres in west I-75,also it's 10 acres behind the gas station right there next to the First National Bank. So it's plenty of property they can buy to do this. And I think by—in two years from now,in front of my property's going to be a parking lot instead of being a residential property,and that's why I oppose this church. Not the church. I'm opposing the construction of this commercial property there. Thank you. CHAIRPERSON HOMIAK: Okay. We'll take a-- COMMISSIONER CHRZANOWSKI: One quick clarification on St.Elizabeth Seton. The people will park on Golden Gate Parkway even though the parking lot is empty because they don't want to get caught in the traffic coming out of the parking lot MR.CD: Okay. That-- COMMISSIONER CHRZANOWSKI: You know,it's just the way it is. I mean,we're Catholics. We come early. We sit in the back of the church. We try to Ieave before the traffic leaves. No offense,Father Dennis. MR CID: It's this-- COMMISSIONER CHRZANOWSKI: And he comes on every now and then and says,please don't do that because you're going to get ticketed. So,you know,that's a totally different example. MR. CID: Right. Well,let me ask you one thing is,if you call a cop,a cop will not give a ticket to anybody go to the church,and I know that for a fact because I've been there,and they never give me a ticket, so... COMMISSIONER CHRZANOWSKI: You're lucky. COMMISSIONER SOLIS: So you're parking there? MR.CID: No,I don't park in Golden Gate Parkway;but I do park in there. But the parking lot is full,so I don't--I cannot park--the parking lot is completely full. So what's going to happen—what Pm trying to say is in the future,not long,maybe three,four,five years,that's what's going to be in my front of my property,and I build a beautiful home to somebody come Page 20 of 50 Packet Page-101- 1/26/20169.A. ' November 5,2015 1. I t and park in front of my property?And that's what Pm against more than anything else. And they haven't met anything. They don't care about the residential. Since the beginning,they've been trying to lie to us. And I don't—I don't like people lie to me. That's what happened with them. They've 'F; been lying. They've been trying to say as little as possible instead of getting with the community and saying 1` this is what we got;they never did that,and that's why I don't like them. They've been lying about it. Thank you. 1. Ifi CHAIRPERSON HOMIAK: Okay. We'll take a 15-minute break. (A brief recess was had.) CHAIRPERSON HOMIAK: Okay. We're going to start with the next—everybody take their seats. MR.REISCHL: Madam Chairman,I don't know if you want me to add this,but we did find the t answer to Commissioner Chrzanowski's question on Napa Boulevard. i CHAIRPERSON HOMIAK: Yes. MR.REISCHL: It is created for access to the Astron Plan PUD because they have--the state won't allow them access from Pine Ridge Road. i CHAIRPERSON HOMIAK: Oh,yeah. COMMISSIONER ROMAN: Yeah,they're too close to 75. CHAIRPERSON HOMIAK: All right. Thank you. �� MR.REISCHL: Next speaker is Keith Monk,followed by Shirley Ruder. MR.KEITH MONK: I'm a 28-year resident of Napa Woods Way,and my son David,who was up I earlier,when he came back to the street,didn't move back in with me. He did buy his own property.And I t a: just wanted to make that clear. t But I was here in 1998 when the Pe±a property was being discussed. And I—it was our tt understanding that--because most--the majority of the residents did not agree then. There were some that did—that this was going to be the transitional buffer property and,obviously,they built it in a way to make it t look like a residence,and they did a good job as far as,you know,that's concerned. ft So I'm actually surprised to be here and,obviously,I've learned the legalities of why this can be discussed,but it's not what I expected. We can't predict the future,but we can know that when the PUD is developed,that there's going to '' be a lot more traffic using our road as a cut-through,and that's something that is definitely going to happen regardless of whether the church goes in,but it is something I think we should take into consideration when we're thinking of adding something else,that even though it's not a commercial property,is going to create commercial intensity as far as traffic is concerned. The church,their agenda and,you know,what they do currently will change when they own their I own property. It's going to become,you know,a seven-day-a-week building. They're going to add 9 programs. They're going to--I mean,I'm a church goer myself I've been a deacon and an elder and,you �N know,I understand church governance and,you know,what just happens. That's what you're there for is to s spread the word and grow. 1 So it's going to mean a lot of nighttime traffic as those programs develop on our street. s And we have no sidewalk. We already have speed bumps because it's a notorious cut-through street, and we're allowed to have those to at least slow the speed of people down. And there's been a few measures that have helped that. t But,anyway,my main concerns are the fact that we thought we had a transitional buffer,and I believe that that should stay the transitional buffer and not to creep further. I believe that there's a big safety issue with the shortcuts and the U-turns that are going to have to be k made to get into the church off of Pine Ridge and,as already been stated,that that junction can be dangerous. There's been multiple accidents there already and,obviously,as that corner gets developed,its not going to get any better. , And--yeah,that's basically my concerns is nighttime use is going to expand. I just know it because of being a church member for many years and knowing how that works,and just the overall safety. So thank you very much. ' CHAIRPERSON HOMIAK: Thank you. Page 21 of 50 Packet Page -102- 1/26/20169.A. November 5,2015 MR.REISCHL: Shirley Ruder,followed by Jackie Thomas. MS.RUDER: Good morning. My name's Shirley Ruder,and I've been a resident of Napa Woods Way since 1990. I also was part of that original group that was against Dr.Pefa's office;however,we were convinced that it certainly would be okay and based on three things: One,that would be the end of it,and that was the transitional unit;two,that it was being built to fit in with the neighborhood. One story looks residential;and,three,that that property was not—nobody would buy it and build a residential house there. So what I've learned is that the day the meeting's over,actually,things change,and what you're promised at one meeting doesn't go to the next meeting. And this property's different. Obviously it's zoned different,and I don't really always understand this,but we certainly know that that can change also. And we also know that somebody's offered to purchase the property that we're talking about and wants to build a residential house there. So I'm against it several reasons. I think churches are wonderful. I think they have a wonderful philosophy,and they're a vital a part of communities. We have one. We get along very good with the church that's there. I've almost been run over a couple times on Sunday morning. But,for the most part,people typically drive slow. I work Wednesday nights,and I'm backed up at the light;takes me several times to get out. So that is a very dangerous intersection. I was almost killed there two days ago because people run right through that light. It's like—they don't see it anyway. But anyway,I support churches. I think they're a wonderful thing. But visions and missions change. We all know--how often do you review your vision and mission,five to 10 years at the longest? So things change. I also think there's a couple things about the church. I think 400 people,200 parking spots can be a problem. I also think we talk about rehab.Well,churches don't do rehab. Churches do support groups,and support groups include addictions. And one of the things that really concerns us are those addictions because you're talking sexual addictions,you're talking drug addictions. And so that's been one of our concerns because we have children going back and forth to the bus.We have a two-and-a-half year old across the street,and I don't know what support groups are going to be there. Churches and people can tell you things right now. We won't--we aren't going to do this. We aren't going to do that. They change. We're not against Weight Watchers. We're not against Cub Scouts. I mean,we're all parents,or we've been parents. Those kind of things we certainly support if we had to have a church there.But it's those other things that concern us. And churches do that,you know. I mean,it's a good thing to have a support group,but we're concerned about it. So in light of all those things,Pm against it,and I hope you certainly understand our concerns. Thank you. MR.REISCHL: Jackie Thomas, followed by Jorge Rhodes. MS.THOMAS: Hi. Good morning. My name is Jackie Thomas,and I reside at 5941 Napa Woods Way. I purchased this home only a year ago,and I specifically bought here to be in a residential neighborhood. Had there been a church there,I don't know that I would have looked at this neighborhood the same. In fact, Pm quite sure I wouldn't have. So,therefore,if I decide to go to sell and someone comes in and looks and there's a church there,I don't know that they would want to purchase my home as much. The neighborhood is a residential area,and we do not want any more nonresidential buildings on our street. The traffic,the noise,and the increased population would surely decrease our property values,as it would decrease our quality of life. We all walk the street all the time with our dogs and our children,and the noise already from Pine Ridge Road is just deafening sometimes,which I didn't quite know how loud that street was when I did purchase. And to add more,it's just something that I think we all kind of cringe about Every time a building other than a home enters the area,we become negatively affected. I don't know how a church being built there is going to impact us in a positive way. We already have a church at the end of the street and a doctor's office that creates terrible traffic with cars and parking noises,other people have already mentioned. Page 22 of 50 Packet Page-103- 1/26/20169.A. November 5,2015 Enough. We want to keep our neighborhood healthy and strong. We want our property values to be stable. Anybody in any kind of neighborhood would feel this way. I also want to ask the church why they didn't do some kind of study prior to purchasing this property and get a feel for what the neighborhood would,you know,have as a reaction as opposed to buying it and then doing all this work and spending all this money on their plans and then coming to us and saying,well,we want to do this. And it just doesn't make sense to me that they're pushing,pushing,pushing when we're all like,no, no,no. So I hope that the little guy in this scenario can have a voice,which is the neighborhood. We don't have a fancy lawyer today,but I am very impressed with a lot of my neighbors,how well they have spoken, and the points we've done our research on to try to establish our point of view,and I respectfully ask that you try to consider our little person's point of view this time. Thank you. MR.REISCHL: Jorge Rhodes,followed by Addie Cid. MR.RHODES: Good morning. My name is Jorge Rhodes,and I have been a resident at Napa Woods Way for 21 years. And the reason I live there is,like my neighbors,it's a wooded area,a quiet area, and I hope to spend my golden years in that area. I love my neighborhood. 1.love my neighbors. Most of what I was going to say has been already covered. Fear of the church growing. I am a Christian. I have nothing against churches.Churches grow. My church has grown. And the traffic. Again,I don't want to beat a dead horse here. I just think that that's not appropriate. If Summit Church wants to be a good neighbor and they want to really come together with us,let them build two homes there. That is a perfect place to build two beautiful homes. And,again,I am a Christian. I have nothing against them personally,any church. I just am opposed to build any nonresidential structure of any size on that property. That's--you know,and I hope you see it that way. I hope that you'll consider our situation. We want to live there. There's people here that are having--growing families,have children on the street all day. And,you know,we just are in fear that there's going to be a tragedy when you add a couple of hundred cars down our street,because eventually that will happen. And I just hope that you vote no for this. Thank you. MR.REISCHL: Addie Cid,followed by Mike Spertoli. MS.CID: Good morning,ladies and gentlemen.My name is Addie Cid,and I am a resident. My house is actually the one right across from this project. Hopefully I don't choke like the last time;off the record. There are some things in life that are not negotiable. Our piece of mind,our homes,and the future of our neighborhood is one of those things. We,the residents of Napa Woods,were duped and lied to when Pe±a property was permitted. Residents were told that Pefa was the last stand and that the land to the east,the land in question today, is residential. We were further reassured,as many of us have said today,that this land to the east will be residential and not transitional. The transitional in the last stand is Pe±a. Even in the 2004 plan revision,Pe±a property still is shown as Cl/T,not just Cl,okay. According to the definition of transitional property,it is usually a property that is not suitable for residential homes. This property is beautiful,as you can see in the pictures. It's full of greenery. We would love to have,myself or anybody,build a beautiful house there,maybe two. So it does not qualify for transitional because it is very desirable. According to the Section 10.08.00,Ordinance 041 (sic)for conditional uses,conditional uses will promote the health,safety,morals,appearance,and overall welfare of the area. This development is a direct contradiction of the above statement. This project,if approved,will disrupt an established neighborhood and our lifestyle.When it comes to the morals,we are being bullied into accepting a project that we know will bring detrimental changes to a residential zone. The stress and hardship this development has put on the entire neighborhood is not fair to us and our families. We have spent many sleepless nights worrying about the future of our neighborhood and our home Page 23 of 50 Packet Page -104- 1/26/2016 9.A. November 5,2015 values. That being said,the general welfare of the community will be affected as well. This project will alter the fabric of our community. It is intrusive to our low density rural estates. The development calls for a massive parking lot that will destroy all those green trees. Those trees have more than one purpose on the Pine Ridge side.They prevent noise,which Pine Ridge has very heavy traffic. It prevents that noise from coming into Napa. It provides security. It provides opacity and privacy. They also have some wetlands in there,which we all know wetlands are great for our ecosystem.The whole system and the whole area in Napa Woods is under well water. Destroying eco wetland,our water will eventually suffer. I lost it again. Here we go. Sony. I was prepared. The appearance of this development,which also is one of the conditional criteria--this development, it is still a giant rectangle box with windows. A brick color roof does not make for mediterranean design alone. It is urban building that can be easily converted to suit any business need in the future;therefore,that could be transformed into a motel,into whatever people want. It's just a square box. You put any window, change the design of the door,and it becomes something else. And that could happen because,as we know from the past,we cannot believe what we are told here today. The only way we could stop this from happening,the only way we could protect our neighborhood is by you,ladies and gentlemen,voting no this project today. If a house goes there,this will be,once and for all,fmished,and we could finally rest and be assured that our zone,our neighborhood is no longer being challenged by outsiders. Please,I beg you today,please let us keep our neighborhood the way we know it. We want to keep it that way. One last thing I forgot and Pm sorry I skipped. In one of the meetings,multiple meetings,Mr. Hancock had brought up the point that we are—we have fear of the unknown. Well,let me tell you,when I first came to this country back in New York,we lived right next to a church. St.Mary's was 23 High Street. My house was 28 High Street. We had a parking lot that kids will play all day,all night. Cops have to be called many times because of the disruption there. The people,after services,they would linger and talk and be loud.They have no regards for the neighborhood. And during holidays,the cars would just speed down the road and—because they were late and try to find a spot wherever they found it. Our house was blocked most of the time. We couldn't get out of our--the only house in the town that had a little garage. We couldn't get out of it. Our driveways will be blocked. Everybody will be blocked. They couldn't get out of their homes. And this happens during the holiday because,guess what, there's a lot--I go to St.Elizabeth here now,and there was a priest that used to call us,some of us,the K-Mart shopper Catholics because he would say that during holidays most us would just show up. Well,it happens.During the holidays,the number of people that go to services double,might even triple. What's going to happen with those people?Where are they going to park? In our street,all over. They cannot park on Pine Ridge because they're going to get hit,but they're going to park all over Napa, Napa Boulevard,anywhere they could find. Please,let us stop this now. And they say some creep is not going to be affected. It will be affected, because they might not put another church next to this,but they'll sell it for something else. So some creep is still an issue that we are all concerned with. We want to keep our neighborhood the way it is. We have many children. A good example,Mr. Monk. His son came back. My kids,they're in that age. They just graduated college,and hopefully they'll come back to live in the same neighborhood,because they love it. And that's what we want right here,a legend,something that we could pass along to our family. Please don't destroy that. Thank you. CHAIRPERSON HOMIAK: Thank you. MR.REISCHL: Mike Spertoli,followed by Lisa Jarrett. MR. SPERTOLI: Madam Chair,Planning Commission members,and planning staff,good Page 24 of 50 Packet Page-105- 1/26/20169.A. November 5,2015 a 1, k afternoon now. My name is Mike Spertoli,and I rise in opposition to the proposed Summit project on Napa Woods Way. Now,after attending both and NiM meetings,the September 17th planning meeting,and after careful review of available data,comments from both Stantec representatives,Summit,I,as well as every resident on Napa Woods Way I've spoken to,still believe that the Summit project should not be allowed to proceed on Napa Woods Way. Now I'd like to offer you my reasons why.Number one,Growth Management Plan for consistency. There are major defects with Summit's application.This project is moving forward based on Dr.Pe Ea's property which allowed for a continuing use transitional project to the east. The Pefa project--the Pena project is,in fact,the transitional property between the high-density commercial Ashton Plaza activity center to its west,and the low-density residential property which Summit now owns. I'm going to--let's see. There it is. That's the property there. And it's noted on the--on that f map. It's C1/T,transitional. I submit this. This is the updated 2008 version of this Pine Ridge Road interchange activity center and mixed use subdistrict map. 'r I'd like to confirm this by part of the transcript of the January 13, 1998,Board of County Commissioners'decision approving the Peta residential property change to commercial. If you will,it starts,Ms.Layne,good morning,Commissioners. This is a small-scale plan amendment to amend the Future Land Use Map by adding 2.3 acres of property located at the southeast center of Napa Way and Pine Ridge Road into the Pine Ridge interchange activity center and to limit its use i to medical office only. The practitioner request is to amend the plan so that the rezoning request is C1/T for a medical office ti and can be applied for. l This will also remove the property from Golden Gate Master Plan and place it into the future land t use activity center,the property to the north designated as interchange activity center as well as the property to the west. The property to the east of the center--let's see. Let's see. The property to the north is designated as interchange--interchange activity center as well as the property to the west. The property to the east and south are designate"E"estate,mixed use district. The petitioner is justifying the proposed inclusion into the activity center to provide for transitional use between higher intensity commercial and lower intensity residential. Let's see. Could you flip that sheet for me,please? MR.REISCHL: Sure. MR. SPERTOLI: Sorry. Part of the transcript between--and I'll start here where it says two concerns. This is Commissioner Constantine. I have two concerns. I know they have been expressed,and they are the traffic impact on the neighboring streets on 10th--that's now Napa Woods Way--of allowing something in there,and also you mentioned in your presentation commercial up the road. And then the folks who live there want some assurance that that's not going to turn into several commercial properties and all the i impact that that has. is And if those two points can be addressed,if we can't--if we can make sure that we're not going to have a big traffic impact,and we can somehow assure that this won't creep up the road,I'm more comfortable with it. If we can't assure those things,then despite the fact that it makes logical sense with the four-lane road and PUD across the street,I'm not sure I can go with this. And I'm going to jump down to Commissioner Hancock. COMMISSIONER SOLIS: I'm sorry. I think that what's on the visualizer is not what you're reading,or is it just me? I'd like to follow along with what you're reading. MR. SPERTOLI: I'm sorry. I'Il put my glasses on. COMMISSIONER ROMAN: Fred,can you room out a little bit? You're cutting off the edge. t MR. SPERTOLI: It's sort of busy there. My apologies. i COMMISSIONER SOLIS: Okay. Thanks. MR. SPERTOLI: Do you want a moment to read that and— a COMMISSIONER SOLIS: No,no. Go ahead. I just wanted--if you were going to keep going,I Page 25 of 50 Packet Page-106- 1/26/2016 9.A. November 5,2015 wanted to be able to follow along. MR SPERTOLI: Yeah. I'll run down through that. So if I— COMMISSIONER SOLIS: And if you're--and just so--if you're going down to Commissioner Hancock,it's cut off at the bottom,so... MR. SPERTOLI: He'll have to roll that up,then. Well,let's jump to Commissioner Hancock.And he states that that defies logic because C1/T is the transitional zoning. When it was created,it was supposed to be the last stand. Commissioner Constantine: Thus the word"transition." Commissioner Hancock: Yes. And so I understand you're saying that it can happen,but it's an illogical step to transition a transitional use. Ms.Layne: Right,but we're saying they can come in and request it,and the Board or someone going--someone's going to have to take the stand that the next one we're going to say no. We're not going to amend the Comp Plan to allow that. I'm going to flip the page here. And the discussion continues. Commissioner Constantine: Let me ask you this: I mean,does someone have the right to come in and ask for an industrial use there? To ask?Not for an industrial use. They couldn't ask,Constantine said. Well,a Comp Plan amendment,they could ask,yes. I mean,my point is somebody could come and ask. Commissioner Mac'Kai: Anything. Commissioner Constantine: Anything they want,but that doesn't mean it's logically happening that they will get that. Ms. Layne: Correct. I don't know that it's necessary to read all,but I'd like to read further down where it's Commissioner Hancock,where he's agreeing with Commissioner Constantine. And we know that we can't legally bind future boards,but if this were to be approved today,it would--I would only support it if it states on the record that this is indeed a transitional use to a residential use on the east,and that being on the record makes it very,very difficult for someone to come in later and transition the transitional use. Defies logic. So I'm comfortable with that. So in 1998 the Collier County Commission recognized and heard the concerns and issues of the residents of 10th Street Southwest,Napa Woods Way,with commercial creep and assured both then current and future residents that there would be a step or a process to prevent that from happening. My next issue. Size and intensity of use.The Board recognized--this planning board recognized that the project that was submitted in September was huge,mega-church,huge,by any standard. I thought to use the three local churches that were referenced in the September planning as a comparable,if you will. They've been here in the county for years,and I thought it would be a fair--fair review. The first is St.Monica's. St.Monica's,6.02 acres on Immokalee Road. Their first residential property was built in 1994. The size of that building is 11,004 square feet. They have a second building, 4,248 square feet. And in 1994,I believe Immokalee was two lane at that point. MR.REISCHL: Yes. MR. SPERTOLI: And most of the surrounding area,it looks,had built up around this church in this location. That's a visual observation now.And that's unlike Summit. And I wanted to use this for a moment. This is a zoomed-out(sic)of Napa Woods Way. If you see--let's see. Logan--this is Logan here.No,that's Napa. MR. REISCHL: Napa. MR. SPERTOLI: Here's Logan right here. There is open access to and from Logan,and there is no such access on St.Monica's,and that's different in its location and use. And also,there is no side access street that runs like Napa Way next to that complex,the commercial next to it,and then the church. Next example. St.Catherine's Greek Orthodox Church. This sits on 5.16 acres on Airport Road. Two buildings,first of which was built in 1993; 11,000 square feet roughly. Second building 7,900.That was Page 26 of 50 Packet Page-107- 1/26/20169.A. November 5,2015 in Year 2000. There are no single-family residents located on or near or direct access to. It has a single access point fi onto Airport Road. Much different than the Napa Woods Way location. Slide 3. And then the largest example is the Covenant Presbyterian Church. They sit on 15.82 acres with indirect access to Tamiami Trail.There are seven residential buildings on that property. The largest, 310,831.square feet;the smallest is 1,700 square feet. That first building was constructed in 1965. Clearly the city grew up around this church facility. Now,at the September 17 meeting,Chairman Strain,with agreement of all the planning members in attendance,could not approve the Summit plan as originally proposed. The Commission did approve, though,a Summit request for continuance and was encouraged to get--was--and they encouraged Summit to get together with the residents,try to reach some common ground. Pm sad to report today,as of today,I know of no contact,attempted contact,verbal,written,or otherwise,between Summit,Stantec,members of their congregation,and that's with any of the Napa Woods Way residents after the 9/17 meeting. And I remind the Commission that it should be incumbent upon the applicant to reach out to these affected residents. They're asking us to give up quiet use and enjoyment of our low residential neighborhood, t not only during construction,but forever. The next communication we received was Stantec's letter advising us of the October 23rd NIM. And at that meeting we watched,I believe it was,the same five-minute video about Summit. Then Mr.Hancock told the audience that they've decided--again,without any discussions with the residents--they plan to reduce the space under air to 19,000. They described it as lowering the ceilings by five feet on either side but keeping the center portion at the original proposed height The seating capacity,intensity of use,and level of activity remains exactly the same as submitted back in September,400 seats,200 cars. These modifications are cosmetic at best and flies in the face of the clear instructions that this commission gave them and the intelligence of the residents of Napa Woods Way. V, Ingress and egress to the property. On the original Collier County planning-planning staff report for the September 17 hearing,on Page 8,Section 2 of that report,the staff acknowledged that the Pine Ridge Road access does not meet spacing requirements. It didn't state by how much.This overhead is a page pulled out of the Collier County Transportation Planning Development handbook. If I read it correctly,it states that the minimum safe distance for an Access Code 3 road,Pine Ridge,it's three lane,divided,with speeds above 45 miles an hour,660 feet is required. Well,let's see what we have as an actual distance. I'm using this because it has a scale of size here. COMMISSIONER CHRZANOWSKI: Can you use a pencil as a pointer? Because that laser just keeps hopping all over. MR SPERTOLI: Sorry. Yeah,I'm shaking. This is zero to 400 feet on this projection. COMNIISSIONER ROMAN: I don't see where you're pointing. Can you touch the paper? MR. SPERTOLI: Zero to 400 feet. And I just took that measurement,put it to the center of the Napa Boulevard Road, extended it out. There's 400 feet. There's 600 feet This is the border of the property on the far end,and they have to have a deceleration lane incoming and then a right turn. Pm not sure of why they use these type of restrictions,but this is missing the bogey not by--not in horseshoes and hand grenades. This is missing it by a 30 percent margin. I think safety might be given up in exchange for expediency of trying to approve this project. Also,if you'll note the fact that entry and exit is eastbound only onto this property. This will drive long lines for U-turns at the Napa Boulevard intersection or down at the Logan intersection. Even worse, members may try--that's church members,may try to avoid this mess by using Napa Woods Way. And PIl note for the record,there are no sidewalks along Napa Woods Way residential area. Family with children--we've heard some of them speak here today--are frequently found walking,playing in the neighborhood on the streets.They're enjoying the best of nature in Southwest Florida. We have amazing little mini ecosystems throughout neighborhood,and if Summit is allowed to build Page 27 of 50 Packet Page-108- 1/26/2016 9.A. November 5,2015 and traffic flows begin accelerating on Napa Woods Way,residents will be forced inside away from the fast-moving danger or assume greater risk of a chance encounter. People and pets,they never win. This is a new level of activity that will impact local animals as well that call Napa Woods Way home. This is not acceptable. And as time goes by,Summit members will likely avail themselves of improvised parking--this was mentioned earlier as well--parking along Napa Woods Way in either the Summit Swale or the surrounding properties. That,too,is unacceptable. Slide 5. In 1964,the U.S. Supreme Court Justice Potter Stewart was hearing a case on freedom of speech and pornography. When asked to define pornography,and Pll paraphrase,I cannot give you a defmition,but I know it when I see it. Mr.Hancock stated a number of times,the Summit project is not commercial. In the last two weeks I've showed this picture to my clients,associates,and I've asked one simple question: Is this an office plaza, or is this a church? No one,not a single one,answered that it's a church. This is the Summit Estero main church complex.Napa Woods Way project is using the same builder with similar styles and structures. In my opinion,too,this is commercial,almost ready for conversion to office space. My opinion. But if we were to prescribe to Stantec's claim,Pefa property allows a transitional use in the Summit location--well,let's look at those facts. The Pe±a office playa, 12,000 square feet,two buildings,parking for 60 vehicles,maybe 100 visitors in season. The Summit proposals,as adjusted, 19,000 square feet,single building,two levels,seating capacity for 400 individuals,parking 200 vehicles. How is Summit transitional? Twelve thousand square feet,almost 20,000 square feet. Parking 60;parking 200. Doesn't make sense. My next,in describing intensity,I try--strugplling for a way of defming that I just--I took a simple—a simple calculation based on three samples of churches that were provided and the Summit project. If you'll note, St.Monica's,they have six acres; 11,000 is the single largest building on their complex. CHAIRPERSON HOMIAK: You'll have to use a microphone for-- MR. SPERTOLI: I'm sorry. Do you hear me?Yes. PH repeat. St. Monica's,sitting on 6.09 acres,two buildings,the largest of which is 11,000 square feet. That works out to be 1,807 square feet per acre. That was a common denominator that I came up with. St.Catherine's Greek Orthodox Church, 5.16 acres. They also have two buildings,but the largest is 10,972. That works out to be 2,126 square feet per acre. Covenant Presbyterian Church,the largest example I gave. Their single largest building is 31,800 square feet. That works out to be 2,012 square feet per acre. Now, Summit Church,Estero,sitting on 10 acres. Their building,according to Lee County tax records,22,238. That's 2,224 square feet per acre. Now let's look at proposed Napa Woods Way, Summit Church,sitting on four acres as last proposed, 19,000 square feet. That's 4,750 square feet per acre. As originally proposed at 30,000 square feet,that's 7,500 square feet per acre.Mega-church? COMMISSIONER CHRZANOWSKI: Those other lots have multiple churches,right,or multiple buildings? MR. SPERTOLI: Absolutely,sir,and the-- COMMISSIONER CHRZANOWSKI: Did you compute the total square footage of the buildings on the lot? CHAIRPERSON HOMIAK: No,he didn't. MR. SPERTOLI: Since Summit has just one building--since Summit had just one building,I thought,as a fair comparable,take the largest structure on each one of these parcels-- COMMISSIONER CHRZANOWSKI: I would think it would be fair to compute the total footage, but that's just me. MR. SPERTOLI: Well,if there's seven buildings,you wouldn't be able to equate fairly a balance on that,and--at any rate,that was my comparable as a means of gauging the intensity of use in this property. So Napa Woods Way exceeds all by double. And if they were left to their originally proposed, it would be over four times the largest. Page 28 of 50 Packet Page-109- r' 1126120169.A. November 5,2015 Madam Chair,you asked Mr.Hancock in September if there were any other available sites on Napa Woods Way where Summit could build. He said no. CHAIRPERSON HOMIAK: I didn't ask that. MR. SPERTOLI: Oh,Pm sorry. It was-- 1 CHAIRPERSON HOMIAK: It wasn't me. T MR. SPERTOLI: --Chairperson Ebert. She had asked that. And I found on the Collier County website a listing of Golden Gate Estate properties,and that's I reported by the Collier County Comprehensive Building Department. And it lists over--numerous numbers l of continuing use sites available in Golden Gate Estates. I think the list there is over 250 acres of land. 1 And to conclude,Madam Chair,members of the Planning Commission and staff,Summit deserves a good home in Southwest Florida. They do good work for their members and the community at large. 1 The residents of Napa Woods Way have substantial investments in their primary residence and deserve their rights of safety,quiet use,and enjoyment of their homes,sanctuaries,country estates. If Words,acts,and actions are a duly-elected public servants matter. They are made part of the public record to memorialize both intent and drive actions going forward. Their actions or lack thereof impact 3 people's lives and livelihood. A lot is at stake here on both sides. , I submit to you that Summit can build in one of the many available potential continuing use lots in 3. Golden Gate Estates. They'd only be limited by code,cost,and subject to the local neighborhood fit. The residents of Napa Woods Way,they cannot pick up their homes,their properties,and move to a ., new quiet,safe neighborhood. They don't want to move. It's their home. With respect—we respectfully request your careful consideration of the facts presented and note--make note of the material defects in the Summit project application and find in favor of the taxpaying residents of Napa Woods Way. 1 Summit property is residential. It should remain residential. The Summit plan calls for too much, x; too close into our low density residential neighborhood,and belongs in a safer location for the members,local residents,and visitors to Southwest Florida. Thank you. MR REISCHL: Lisa Jarrett,followed by Marc Huling. MS.JARRETT: Hello,everyone. My name is Lisa Jarrett. We moved to our home on Napa Woods Way back in 2011. We noticed right off the bat a number of workers that work across the road at the businesses would cut through our yard. And I thought,oh,it's not a problem. I understand,you know,going 1 around,et cetera,until they stole my bicycle. Then it was an issue,because I kind of liked my bicycle. So we installed a gate on our property,and then that was--that was fine. Now,people will walk--if you leave early,around 4 o'clock,you'll see the public(sic)workers walking with their aprons on,and 3. different people that work across the road will walk our road because it's a peaceful place to walk. The alternative would be if you go up on the east side of Logan,there's no sidewalk. So they come up,which would be—they come up Logan on our side,they turn left onto our road,and they walk or ride 1 their bicycles because that's what people do. That's fine,right? l So there's no sidewalk--Pm trying to see here. There's no sidewalk,though, on the east side, so the - alternative is they can walk up and then turn left and walk on Pine Ridge Road. There is a sidewalk on Pine Ridge Road,and it's on the road. You drop down,that's the road. If anyone walks on Pine Ridge Road,you're brave because the road is--it's not good. You don't want to walk there,ever. So--okay. Saying that—okay. I don't do this for a living,by the way,either. My children,they're all homeschooled.They always I have been;they always will be. And we do a lot of classes outside because we're tree huggers,so to speak, r and we sit out front right under big live oaks,and it's so picturesque. I mean,that's what we do. We see workers going by,we wave. We know several of them by name by now. r And at night our street really is--I mean,it's full of kids. It's full of everyone walking their dogs. We love dogs. And everybody chats,everybody goes on. We talk about what landscaping we're doing. It's a neighborhood. ' So I also—Pm a member of Covenant Presbyterian Church,which I think someone has mentioned. I 1 i Page 29 of 50 Packet Page-110- 'a 1/26/2016 9.A. November 5, 2015 work with the youth group there. I'm there four or five nights a week. We were coming home one night and our youth leader's wife mentioned she saw the sign,and she said,Isabella--which is my daughter—what is the sign? And she said,oh, Summit Church wants to build a church. And our youth leader's wife said,oh,my goodness. And we were kind of taken back.What does "oh,my goodness"mean? And she said,Covenant--I mean,Summit Church is known for all of their programs they offer. And the youth leader called my house that night and said,get on their website. You need to be familiar with what you're inviting into your neighborhood,so that's what I did. And I have a copy here if you want to put it up on your projector,which--Fred,can you do that for me? And this is directly off their link.There's no hidden anything. I screen shot this last night,and it states on the top RecoveryAtSumnut.com,right off of their site. And it says--the first meeting,Alcoholics Anonymous meetings,Al-Anon meetings,which is when the alcoholics come with their family and friends to help them. The next is Sex-aholics Anonymous which that's--that's nice. Sex-aholics Anonymous,they can bring friends and family who are helping them struggle with their addiction. The next one,Narcotics Anonymous meetings.Underneath of that there's a link says Naples NA meetings,which the NA means Narcotics Anonymous,because I clicked on the link. I'm not computer savvy,but I can click a link. The other one,Codependence Anonymous meetings,and then Overeaters Anonymous,Eating Disorders Anonymous,and then the last one,which I guess this is a Bruce Jenner,sexual identity issues meetings. And I did take this directly off of their site,you can see. And I know they keep saying that they won't do these but,I mean,it seems like,especially with the sexual identity,it seems to be coming--there's just more and more and more of them. And--oh,I don't quite understand it,but that's okay. So now I'm asking you, okay,would you want your kids or your grandkids playing on that--because they play in their front yards,because who wants to play in the backyard with the noise of Pine Ridge? So our kids--our houses are buffers,so we play in the front. And if you drive by my front yard,it's beautiful, and we play out there.And daughter said--the first things she said to me last night was,before going to bed, if the church goes in,I'm not going to go out and skateboard anymore,and that's not fair. That is not fair, because we didn't--I mean,we bought this house thinking we were in a neighborhood. We didn't even want a gated neighborhood because we like to do different things. But I believe there is a time and a place for everything in this world,and there is a need for a big, beautiful Summit Church. I think it's wonderful what Summit does. I applaud you. I work with the youth;I know. This world,it needs help.But--people need help,but not in our neighborhood. That's the thing. Collier County is the biggest county in the State of Florida. You can't tell me there are not places where my children cannot go outside in the front yard and not have to worry if little Mr.Fred walking by isn't a sex offender. I mean,it's scary. It's very scary. And I know the first--one of the first speakers mentioned there was no complaints with Covenant. I wish that were true,but it's not true. We get a lot of complaints. We ended up having to actually close down our Hispanic church because the neighbors didn't like the Ioud Hispanic music. And so--and we still get complaints--not very often--because of the noise,but we have very strict music--when we can,when we cannot play music. And the church is set up--I mean,it's a huge church. It has a huge playground. It is nothing comparable to what we're seeing here,nothing comparable. And we do not, in no way,offer these courses.And I asked my preacher last night--I called him and I said,Pastor Bob,what about this? What about these classes? And he said,Lisa,there is no way I would ever want those classes in my neighborhood,and he's a pretty Godly man,so... And I prayed before I came up here because--this is not what I do,obviously,but just,please,I want to be able to go out in my yard,and I want to play,and I want my children to be able to ride their bikes and stuff,and I don't want to worry about who that guy is that's walking by,because a lot of sex offenders and Page 30 of 50 Packet Page-111- i 4 1126120169.A. 1 November 5,2015 1 1 things,they don't have their license,so they walk. And it's obvious from past history,they're not going to walk down Pine Ridg e Road. So anybody F. coming from the south,75—unless you're going to swim the canal,which who knows,you're going to have to come up and turn left and walk right through. i So that's all I had to say,and thank you for listening to me. CHAIRPERSON HOMIAK: Thank you. MR.REISCHL: Marc Ruling,followed by Leela Bolla. MR.RULING: Thank you. My name is Marc Ruling. I live at 8540 Napa Woods Way. 1 I have two children that are under the age of five. We also ride bikes down the street,walk down the street. We moved there because we were concerned about traffic in the golf course community. It's not an I association neighborhood. As you can see,we're not well organized. We can't afford to hire a gentleman like you have over here,land planners,but we do appreciate the open space in nature and the neighborhood. And as I listened to the presentation,I think the message that was given was that it doesn't really matter what the neighbors say because they're entitled under the code. They meet the zoning,and they're entitled. That's not true.They're not entitled under the code,and let me explain to you why. f First of all,we're in the Estates district,which falls under the agricultural districts and is defined under your Land Development Code as the purpose and intent of the Estates district is to provide for lands with low density residential development in a semi rural environment with limited agricultural activities. The property that we're talking about today is zoned Estates. It's all woods. Ifs all woods everywhere east of that property as far as you go.There's a wetland on the property. Ifs zoned Estates. z They're coming to you asking for a conditional use and,as you well know,you need to make findings,one of 1 which is compatibility with the neighborhood. And the testimony of these people is the best evidence of the 1; compatibility and why this use is not compatible. You also have to find consistency with your Land Development Code and traffic control is adequate. t, Now,your staff acknowledged—and all these materials I've asked to be included in record.I've 4 submitted them. Fred,you have them. Your staff acknowledged in their own report that the Pine Ridge access does not meet the spacing criteria. That's been completely blown over. This church does not meet your own code with respect to that. Also,there were some good questions asked about the Astron Plaza and Napa Woods--on Napa 1 Boulevard. That boulevard was established under the commercial PUD to give a right turn in. So they'll f have that,as does Pe±a. This church is going to have access off Pine Ridge Road that doesn't meet your code,and they're asking for 400 cars to make a U-turn on Pine Ridge Road. Every single--every single person going to that church is going to be required to make a U-turn. If there are any questions about that,I'd be happy to answer them,but that's the way it's set up. At some point a every person who's visiting is going to have to make a U-turn;400 cars. They don't comply with the code. I Also,perhaps most importantly,we already have a transitional use under your code. We have a 1 transition to residential. This was established in 1998. It's on the record. It's also an ordinance.It's 98-3. Fred,you have it. The intent of a transitional zoning is you go from a higher use,Astron Plaza,where you A rezoned Pena to Cl/T,the transitional;Ordinance 98-3. Peta is the transitional to residential,not to 't something else. It's clear on the record from the prior minutes and from your code that Pe-±a is the transitional to I residential. And in 98-3,they place these limitations on Pe+a. Now we're looking at a higher intensity use to 1 Pe±a. It does not qualify as transitional. By the way,it doesn't even qualify as transitional under the Golden Gate Master Plan,which was subsequently changed,and I think we do need to take a broader view of what can happen in the future,as they did in the past. But even under the Golden Gate Master Plan language,a transitional use is a property 1 that's not appropriate for residential. This property doesn't even qualify as a transitional use because it's totally appropriate for residential. Forget about the fact that it doesn't qualify because we already have a transitional use. And this property is a higher intensity use. a Page 31 of 50 ti Packet Page-112- 1/26/2016 9.A. November 5,2015 As you see on the screen,when the ordinance was enacted allowing Pe±a,it was limited to 25 feet. These people came in asked for 35,then they went down to 30. They're still above the limitations on Pena. Same with square footage.The ordinance limited Pe±a to 12,000. These folks are at 19,000. Now,explain to me how that's a lower intensity use. Pefa made a commitment to limit it the uses of the property. I haven't seen that here. That's "I." I haven't highlighted it. And this is very important. Look at Subsection J. The ordinance said that Pea's hours of operation will be limited to weekdays from 8 a.m.to 6 p.m.and Saturday 8 a.m.to 2 p.m.Nothing on Sunday. They finish at 2 on Saturday.That's because we're all home on the weekends. We don't have more people here because we have jobs and we go to work. We're not being paid to be here. And on the weekends and in the evenings,that's when our families are out on the street.Pena was limited. They have made zero commitment to limit their hours whatsoever. Twenty-four hours,400 people. And this board asked them to do that,and they didn't do it,and they didn't reduce the amount of people at all. They want 400 seats in that church, 171 cars. They want teenagers there at 8:30 at night on every Wednesday night.Somebody already talked about Wednesday-night problems out there. This is not a compromise. And so look at your current code. Your zoning district,now they call it Cl. You can change it to call it whatever you want;the commitments are in the ordinance and in the record. Cl is still the transitional to residential zoning. 2.03.03,most Cl professional and general office districts are continuous or within a PUD will be placed in close proximity to residential areas and,therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. Pefa is the Cl. It used to be called Cl/T.Now we call it Cl. It's the transition to residential. It's not the transition to a church.This is your code. They're not entitled. It doesn't meet the intent of the code. And now let me explain to you why their own representatives and the chair of this commission had confirmed that as well. This is a matter of record back in 1998. In order to keep time moving,I'm going to read along quickly,but it's in your packet. In 1998,Ms.Layne said,I don't know if staff--I can assure you at this point,because the next person has the right,once it becomes a part of the activity center—talking about Pe±a and the Astron Plaza--they can make the same request,and then we're basically looking at the same situation with the transition. Well,we'll transition another C1/T next to this. And I'm not reading it perfectly. It's in the record. Commissioner Hancock,who's not speaking today but spoke at the last meeting,says that defies logic because C l/T is the transitional zoning.When it was created,it was supposed to be the last stand. Pe-±a was the last stand. Commissioner Hancock then says,thus the word transition. It goes on and says,I didn't think you could leapfrog C1/T uses. That means he didn't think you could put two transitional uses together.He was right. There are places in the Land Development Code that say you simply cannot perpetuate C1/T time after time. It goes on and says,I would only support it if it was stated on the record that this is indeed a transitional use to a residential use. You see,at the NIM he said,well,I gotcha. I didn't say that there wouldn't be any more commercial,but he did say that this was the transition to residential,okay. This was the transitional to residential. Pe±a was the transition to residential. He said,and that being on the record makes it very,very difficult for someone to come in later and transition the transitional use because it defies logic,so I'm comfortable with that. And they have hired the best in town to come in and try to defy logic,and it's incumbent on you to follow your code. And Mr.Hancock also said,I'm confident this is a good project that makes sense that will stop the proposed creep of commercial by creating the last transitional use from Astron Plaza to the Estates residential mixed-use district,the last transitional use to residential. That's what Pe Ea is under your policy that was set by ordinance,by your code,and by the Board of County Commissioners,and that's what Mr. Strain realized and voiced in your last meeting,that's also a part of the record,when he took some issue with what Mr. Hancock and staff had recommended,and Mr. Strain said,also the transition to commercial--he's talking Page 32 of 50 Packet Page-113- N 1/26/20169.A. r November 5,2015 F i 1, about the Peta property--the C1/T was established. And I'll read the ordinance,92-73. The Cl/T commercial professional transmission district--I apologize Pm reading fast,but Pm trying to keep this : moving. COMMISSIONER EBERT: Well,it's just that she has to-- CHAIRPERSON HOMIAK: She has to type it. 4 MR HULING: Oh,well,she'll slow me down if she needs to. Is intended to apply to those areas that are transitional located between areas of higher and lower intensity development that are no longer appropriate for residential development. Did you hear me there? That was,Mr. Strain said,the area that is a transition to residential for an area that is no longer appropriate for i residential. He went on,the uses in this district are intended as an alternative to retail and meet the intent of the C l/T commercial/professional transitional district. It seems to indicate that the transition to residential F intended—is intended to be this particular property. He's talking about Pena.. Commissioner Strain says it's i intended to be the transition. And I understand your argument about the Golden Gate Master Plan,and I saw where Comprehensive Planning staff weighed in on that. I would--I'm frying to be tactful. I would suggest that they don't have as much information about the intent of that plan as I do. And I'm not certain that what t( theyve come up with is an accurate interpretation of what we intended in those days that that was put together. But that's all—that's all I need to say on that matter. I wanted to make the statement. So,other than 1, that,thank you. And it's unfortunate that he is justifiably not at this meeting. In any event,Mr.Strain went on to say,Tim,I'm just not there. I've heard a lot,and I know that our country is wrought with politicians who say things,and nothing turns out the way they say it. Maybe it's time we start acknowledging and sticking by commitments made by political parties at a certain time and date, which is what happened in 1998. If the neighborhood was convinced that this could be a compatible asset to the neighborhood,it might be easier to understand. But at this point,I'm still concerned about it,as I was yesterday,and as we talked. And I know you went to great lengths to provide a lot of compatibility standards to increase the compatibility need for this church,but the mere fact that the church is more intense than the property next R. door confuses the issue of transitional. t I just can't get there with what we have on the record today,so that's where I'm coming from.And I think a discussion with the neighborhood on what programs you are proposing for this location--I can tell il you many of the other churches that have come to us had not needed seven-day hours a week of operation such as you're proposing. You might want to take a closer look at that. 1 And then Stan--I say Stan because I.'m bad at last names--you said,even God took a day off. But these folks are proposing 24/7,seven days a week,and they're coming to you saying that they're r entitled to it under the code. But the Board already set a policy with respect to this property. We already have a transition to residential use. It's in the code,and they can't change that. 1 And there's such a thing in the law called estoppel,and it's an equitable principle,and it means you can't say one thing and do something else. And we have it on record from professionals--Mr. Strain and Mr.Hancock—explaining that Pefa was the transition to residential use and that it was the last stand,and your code requires that you deny this l' petition. Thank you. i MR.REISCHL: Leela Bolla,and the final speaker is Elizabeth Hill. , MS.BOLLA: Good morning,ladies and gentlemen. Thank you for taking the time to talk with us and let us express our concerns. I have to comment on Collier County staff and everybody that works for Collier County. Anytime I've called them with a question,they have been amazingly helpful. Pm not--I'm a doctor. I don't work in the—in your industry. And if you--any of you have experienced calling a doctor's office,how long it takes for an answer, a Page 33 of 50 Packet Page-114- ; 1/26/2016 9.A. November 5,2015 Pm glad to tell you that everybody that works for Collier County is most kind and really,really calls us back right away. In fact,I had a chance to talk to the gentleman,Mike Sawyer,yesterday. Within 30 minutes of me asking him--asking his office a question,he came back and answered that. So I do want to thank you. ['m really,really amazed. I just want to--everyone's spoken,so Pm just going to say a few last words and comments. From the information Mr.Reischl gave us,it says that Summit Church is applying for a conditional use. I hope I'm correct. And conditional uses are granted in transitional zones.And from the definition I read from the papers,this gentleman has provided—mind you,the day after he came back from vacation he gave us this.I'm just amazed how wonderful people are. Pm so happy to be a Collier County resident,because people always say,oh,you know,the government works slow. Not here. I'm grateful to say that. And transitional zone says,it is an area defined as an area that's adjacent to existing nonresidential uses,okay,so--which is Pea's,and,therefore,not appropriate for residential use. By that definition,this does not fall under a transitional property to be approved for conditional use because--there are two people that came under sworn testimony. They swore to tell the truth. And I believe when people say that,they're obligated to tell the truth. And one of the families is here today. They're willing to buy that property. So that reasoning,saying it's not appropriate for residential use,holds no water. The other thing is said that it should be--before any conditional use recommendation--and this I'm quoting from what was provided to me by the staff report. Before any conditional use recommendation can be presented to the Board of Zoning Appeals and this commission,they must make findings that conditional approval--conditional use approval will not adversely affect the public interest and will not adversely affect other property owners of users in the same district or neighborhood. By this definition,this does not qualify for an application for conditional use. Everyone here,unless we are crazy,have expressed sincere concerns why this high-intensity property should not go in here. Many of our neighbors here today said we are not against churches. You may wonder why we are trying to say that. It is common sense. Ifs humane and human behavior to like churches,places of worship. Why is everybody going on over and over and emphasizing we are not against churches?That is because at two neighborhood information meetings the speakers--they were talking to us.They were not asking. They were telling us. They were not asking our opinion. Neighborhood information meetings means,it's after you have a meeting as a group with the people you're discussing with,then you say,okay,we talked to you,and this is how we're going to compromise. Then you do the neighborhood information meeting. That never happened. Not one of us has--and we are public people.Anybody that knows my last name--and they have our email addresses and our names. You Google our names,we are available. Our telephone numbers are available. Not one of us has been approached by anybody,by anybody,to say,hey, do you have--you raised this question at the last CCPC meeting.We can address this this way. It takes five minutes. I answer my office phone 24 hours a day,seven days a week. Pm on call seven days a week. So anybody that calls my office--we haven't gotten one--one phone call from anyone. And at both neighborhood information meeting,if not overtly,it was implied that we were church haters. Any of these people look like that? Do we look like people who hate churches and hate children and hate people? That,to me--calling us church haters and implying that overtly and directly is really character assassination. I take it very personally. I love people. I love all religions.I love churches. And Pve visited hundreds of churches because they're the most peaceful,beautiful,beautiful places. When I see a steeple,it gives me hope. It gives me safety and security. When I see an office building,it reminds me of work. You have seen the proposed building here,and you have seen the structure in--on Ben Hill Griffin. They keep saying this is not commercial,okay. I can say I'm not a person. Who's going to believe that? We're all going to lose our logic.We're all going to put aside common sense and just believe whatever they say today? Because the same is not going to hold true a week from now,five years from now,three years from now,because they're not obligated to stand by the same thing they said yesterday to today. We can't live in a world like that. We can't live in a world not knowing that at 12:02, 12:03 follows. Page 34 of 50 Packet Page -115- 1126120169.A. November 5,2015 We can't say 11 o'clock follows it.That's not fair. That's not logical. But that's what we are being asked to do. Staff acknowledges that the proposed Pine Ridge egress/ingress does not meet spacing criteria. And they say,you know what,we'll just move it. So,basically,laws that have been written into Collier County—and I'm the daughter of a police superintendent,and I was always told to obey the law. Nobody's above it. No matter how rich or fancy or poor you are or where you're from,you are obligated to follow the law. Why doesn't the law apply here? These are not laws we make. These are not rules we community dwellers made. These are the rules we are expected to abide by,but they can be amended when this particular organisation asks for it. Why is that fair? I own an office building where I practice,and I own a home here. Ironically,they're across two hospital. One across North Collier on Immokalee Road;one across Physicians Regional on Pine Ridge. And might I remind you,in Collier County there is no trauma center. If any of our families--and don't tell me none of you use Pine Ridge Road--is involved in a massive crash because of adding ingress/egress in that area,you can start from I-75,go as far as to not--till Temple Shalom. There is nothing that has access onto Pine Ridge Road. We're giving an exception here. Why? Why didn't anybody else get that access? Why didn't that big complex,Crossroads,have no access onto Pine Ridge Road? Because of safety of human beings. This is a county. I'm a doctor. I know how hospitals work. I know how ERs work. I know how backed up we are. With this particular property,from coming from I-75 south,you have to turn east on Pine Ridge Road. You can back up traffic,I promise you,if you have a majority of cars,all the way to I-75. And fi coming from up north,you make a left turn,you can back up traffic. You can cause accidents. Let us not be reactive. All your doctors tell you to do preventative care. I'm urging you,as a community dweller and as a physician that sees trauma all too often and people getting hurt,be proactive. Don't be reactive,let something horrible happen. When I asked,they said,well,if there is that much traffic problems,we'll have cops there.After the fact? After the fact? Whose Iife is expendable in this experiment? Whose safety is expendable? Whose back can be broken? Whose properties can be destroyed? Mr. Hancock said in the neighborhood meeting that property values won't go down. How does he know? Did anybody do a study? How can he,pointblank,categorically say,nope,property values don't go down? How do you know? He didn't know what he was going to say today in 1998,how vehemently he's fighting for this as he vehemently fought for the exact opposite. And I want to just clarify a couple of statements. Several times the first gentleman--I believe you're the attorney for these organizations--kept referring to us as Napa Way.Napa Way Boulevard. They don't even know our street name,and they're trying to decide what's good for us. And you can reference back to how our street was named. Our street was named Napa Woods Way. It is a little,little country road,and we prefer to live in the woods,and that's why we are there.We do not want this mammoth building where there's only going to be trees in the perimeter,from what I see,with the big concrete building there,even if it has a nice pink tiled roof. That's the only difference. And we cannot say--they're saying we won't extend it. We won't go to the next property.That's not going to happen,okay. The very same individual back in 1998 said the only way as a county commissioner I'm going to allow this is if a promise is made that the next property will not be transitional. So what we say today ends today,and tomorrow it's a whole different story. How can we live like that? Our lives are going to be transitional,not this property,if this goes through. I had an opportunity at the last neighborhood information meeting—by the way,we were told two days ahead of time. All of us have children. We have plans. Marc's little boy was playing soccer.And I love kids. He's four. He's the cutest boy on earth. He was going to play soccer at the Vineyards elementary school,and I wanted to go watch it with him and his wife. Instead,we had to go to the neighborhood infonnation. We weren't given choices. We were told what to do with an iron fist. Show up there two days before the meeting. Page 35 of 50 Packet Page-116- 1/26/2016 9.A. November 5, 2015 We—my husband and.I were going to drive to Orlando—that was our second option--to see our granddaughter,who's one,but we couldn't go till the next day because we had to go to this neighborhood information meeting. They're trying to assure us they're going to be good neighbors. They're treating us poorly before they come into our home. How are we going to be treated once they are there? Even if this is legal to go through, which I don't think it is. During that meeting— CHAIRPERSON HOMIAK: You have to finish up pretty soon,please. MS.BOLLA: During this meeting,two things came out. Mr.Hancock said he agreed with us,with our concern. That's the only thing we had in common,our concern that churches are being built in order to subsequently be sold as commercial properties. He told us that that's happening now.I don't know where. I don't know which property is doing that. And also,when 1 talked to the wonderful pastor,Pastor Johnny,when I asked him,how late will you be there,he said--and I'm not quoting him;I'm just paraphrasing. He said,Pm a pastor.I would prefer to be there every day all day.That's my concern. And I thank everyone here for your time and attention. I appreciate it. Oh,can I show just one overhead,and I'm done. Can you make it smaller,please. I want everything. COMMISSIONER ROMAN: Put the whole page in. MS.BOLLA: I don't know if anybody in this room would categorize—the top block or the second block,which one is bigger? I don't know--for a show of hands,is anyone going to say that the top picture is bigger than the bottom one? Is there a--it's a silly question. But the point is,that represents the number of parking spaces and people at any given point in Dr.Peta's office. I'm a doctor. I know how many people exist in that building at any one time. You can't put 400 people there,not 300,not 200; 100 is a squeeze. That's Summit Church with 400 people.And if you cut off that part,200 parking spots.How can that be more intense than this? It is that simple. Thank you. MR.REISCHL: Elizabeth Hill is the final speaker. MS.HILL: Hello. I'm not a speaker,but I do want to voice my opinion here. I am a mother. I. bought that house three years ago. I knocked on the door to buy that house. It wasn't even for sale. It's a beautiful neighborhood. Pm raising my daughter there. I love the school there. You have my daughter;three houses down there's her little friend;two houses down the other way there's three kids;two houses from there,four kids,one of which is a foster child--throw that in there like you did with your cute video,a foster child. All of these kids I want safe. It's true that traffic gets ridiculous.People do cross through there. People the support groups that you're going to have,yes,the AA,those people are on bicycles. They're going to be going through. The sexual addiction,I don't want my child there. I don't want anyone near my child or any other child. And I would not let my daughter go to somebody's house if right down the street there was something going on with sexual addiction,people having,you know,whatever goes on there with their meetings. And I think it's great what they're doing,don't get me wrong,but not next to my child,not in the beautiful neighborhood that I want to raise my child. And I just think that its important that you know there's kids all over the place there,and it's not fair to put these children at risk,because they are being put at risk, either which way you look at it. And that's all. I just wanted to let you know that. CHAIRPERSON HOMIAK: Thank you. MR.REISCHL: No more registered speakers. MR.DAVID MONK: I have a question. May I ask a question? CHAIRPERSON HOMIAK: No. Public speaking is done. MR.DAVID MONK: Okay. MR.REISCHL: No more registered speakers. Page 36 of 50 Packet Page-117- 6 i 1/26/20169.A. November 5,2015 1 CHAIRPERSON HOMIAK: Okay. Thank you MR.YOVANOVICH: Do you want to take a break?It's your call. j CHAIRPERSON HOMIAK: Do you want to take a break,a 15-minute break,and then we can 1 finish up? MR.YOVANOVICH: Okay. COMMISSIONER CHRZANOWSKI: Are we going to--I don't mind staying through,you know,I r don't mind missing lunch or dinner or whatever,but-- . CHAIRPERSON HOMIAK: I thought we would just finish. COMMISSIONER EBERT: We'll finish,but we're just going to take a 15-minute break. COMMISSIONER CHRZANOWSKI: Okay. t CHAIRPERSON HOMIAK: Fifteen-minute break. COMMISSIONER CHRZANOWSKI.: Because I don't think this is going to be quick. CHAIRPERSON HOMIAK: Well-- i COMMISSIONER CHRZANOWSKI: That's okay. Pm with you. I'd rather finish up. COMMISSIONER EBERT: Okay. sl (A brief recess was had.) CHAIRPERSON HOMIAK: Okay. Rich? MR.YOVANOVICH: Thank you. if I want to respond to some of the generalized comments that were made by the public,and then I want to focus back on what the law says and what the standards are by which this petition is judged. Pm trying to not fight fire with fire and get down to the level of some comments that were made by i some of the speakers,but I find myself in a position that I,frankly,think I have to because some of the il misrepresentations that were made by some of the speakers at the end have to be addressed. „ So I'll start my way--most recent speaker back to the beginning. The doctor--and I apologize for , not saying Napa Woods Way and saying Napa Boulevard. Sorry� I didn't get the street name right,but what i she said happened at that neighborhood information meeting and what Johnny said and what Tim said are pure fiction. We have a tape. We'll be happy to transcribe it. But I can assure you Johnny never said that I want to be there all the time,24/7. What Johnny said was,they don't pay me enough to be there 24/7. That's what he said. So I could assure you that he's not k anxious to be running a church 24/7. And,candidly,the comment from--and was it Huling? Is that the correct pronunciation of your name? Mr.Huling's comment that we're going to be operating a 24/7 operation was the comment that a il typical litigator would make in a closing argument,because Mr.Huling is a litigator. He's also the president of the Collier County Bar Association,and he's also a partner at Roetzel&Andress,things that he didn't feel is necessary to disclose to you in making his comments but instead made it sound like the community couldn't afford to hire a lawyer to discuss this and make a presentation when he,himself,is,in fact— MR.HULING: Pm not being paid,Rich. MR YOVANOVICH: --an attorney. I'm glad. I did appreciate the comment that they did hire the best in town,though. I did enjoy that. si But he is skilled,and he is a skilled trial lawyer,and he made some very skilled trial lawyer arguments. I think that needs to be pointed out. Likewise,Mr.--Pm going to butcher your last name— MR. SPERTOLI: SpertoIi. MR.YOVANOVICH: —Spertoli played a little fast and loose with some of the facts during his 1 presentation and,frankly,was caught because he didn't provide to you the actual square footages of a lot of the examples he gave you when he wanted to prove how,quote,intense we are. 1 And I'll put up one of his exhibits. You won't be able to read the math,but that's Covenant Presbyterian Church. You look to the right,you'll see some handwriting with square footages on it that,you know,Pm just guesstimating,you know,is well over 70—is about--probably has 70,000 square feet,when I think he represented that we were somewhere around 31,000 square feet-ish on that particular piece of property. Page 37 of 50 1 Packet Page -118- 3 1/26/2016 9.A. November 5,2015 Now,I am intimately familiar with that petition because I did it. We went through the rezone process that has way more criteria that we have to go through than for a conditional use. And I could tell you Pine Ridge,the community,is no different than the neighborhood. And I respect their neighborhood. It's very nice. I drove by it. The church is not interested in hurting their neighborhood any more than Covenant Presbyterian Church was interested in hurting the Pine Ridge community. And there are some very similar aspects of the Pine Ridge community to what you have in front of you today. You've heard me on many occasions mention to you that there are a lot of children that grow up in Pine Ridge,including my two children and several other people's children. We have no sidewalks,just like their neighborhood. We--and it's an issue between me and others about whether you really need sidewalks or don't you need sidewalks in a community for the community to be safe. You don't need sidewalks for the community to be safe. Kids are playing all the time riding their bicycles;moms, dads,walking with their kids throughout the Pine Ridge community,much like their neighborhood. The difference between the Covenant Presbyterian Church petition and the petition in front of you today is people can drive Pine Ridge to get to Covenant Presbyterian Church. Our petition you can't. We have prevented access off of Napa Woods Way--I hope I got it right that time--because the residents asked us to do that. We have limited access to Pine Ridge Road with a decel lane that has been reviewed and approved by your professional transportation staff and said it's safe. You have people giving their lay opinion as to whether our access is safe or not.Your professional staff,along with Mr.Perry,have opined that this is safe access,and we went that way out of respect for and concern for our neighbors. I can also assure you that there is absolutely no evidence that the market value of your homes will go down,and I will tell you the living testimony of that is the Pine Ridge community. I can assure you nobody's taken a haircut on their house that lives next to Covenant Presbyterian Church,like I can assure you on St. Monica's--which I'll put up. That's the Oaks community,if I'm remembering correctly, and I will tell you I've had many or a few petitions approved in the Oaks community,and we have always been able to work it out with our neighbors. And I've done churches in the Oaks community. The issue for the Oaks community,just like it is for this neighborhood,was as long as--I think this is Autumn Woods Lane. I can't read it it's too small. As long as you don't come off of Autumn Woods Lane,we,as a community,can accept some other uses on what is also zoned Estates property,and it's also just as residential as this neighborhood. Their concern has always been traffic on their street as a result of allowing institutional-type uses as well as commercial-type uses,and I believe the Planning Commission just recently heard an application on Immokalee Road in the Oaks community that involved a Comprehensive Plan amendment,which is a two-step process,versus what we have before you today,and the Oaks community supported it. There was dialogue. People went back and forth,and there was dialogue and there was compromise. For us to be criticized because we sent out a letter--we sent out notice,just the same type of notice requirements for a regular NIM--and not contact these people first before we decided to speak to them as a group to show how we addressed the concerns that were raised at the Planning Commission meeting is unfair and not accurate as to what happened at that meeting. What happened at that meeting was,thank you very much. We're not opposed to churches. Please don't paint us in the picture that we're opposed to churches. We just don't want a church on that piece of property. There was no,in my opinion--and I was there. I didn't say a word. I was in the back.And you know how hard it is for me not to speak. I sat in the back. I listened-- COMMISSIONER SOLIS: I'll vouch for that. MR.YOVANOVICH: I sat in the back,and I listened,something that sometimes my kids say I don't do. But I did listen to what was being said,and there was no way we were coming out of that meeting with a compromise. What we were told was,we don't hate churches.Tim,quit telling us we hate churches. We just don't Page 38 of 50 Packet Page-119- 1/26/20169.A. November 5,2015 want a church on that piece of property. I think it was--is it Mr.Monk;is that right,the younger Mr.--do I have the last name correct? Is he here still? Did he leave? UNIDENTIFIED SPEAKER: He had to leave. MR.YOVANOVICH: I think he said—I think he told you guys this. He goes,I realize that I might be a little hypocritical here because I go to Center Point Church--I think I have the right person—which is,I believe,off of Immokalee Road,in a residential neighborhood or leads into a residential neighborhood. MR.REISCHL: Golden Gate Parkway. MR.YOVANOVICH: Golden Gate Parkway? Okay. He said--he goes,I realize that l'm probably being a little hypocritical in opposing this church when I also go to a church that has residential neighbors. And I think there were a few people that,today, mentioned that they go to churches that are in residential neighborhoods. I don't think they truly believe their church is hurting that residential neighborhood. I really don't. I don't think anybody would go to a church that they think is a bad neighbor. I hope they wouldn't. Now,I understand that the neighborhood doesn't want a church on this piece of property. I will tell you—and I've been doing this for a while,and most of you know me—that no matter where we go now we have neighbors,whether I go on this piece of property and ask for a conditional use or I go on another Estates piece of property and ask for a conditional use or I go anywhere else where there's residential around it,I'm not going to be welcome. It's a fact. It's true. We believe we meet the criteria,and Pll take you through that. We are no different than the examples that were brought up. Covenant Presbyterian Church,you saw the houses around it;streets had no sidewalks. St.Monica's,residential around it,streets have no sidewalks. The recently approved project by the Planning Commission or recommended approval project by the Planning Commission up off of—in the Oaks community,that was commercial. Correct? No access to Autumn Woods Lane;no sidewalks on that street. It was approved because there was dialogue and a willingness to compromise. What I showed you today as far as the conditions that we agreed to are taken from the conditions that were also imposed on the commercial project up on Autumn Woods Lane. Now the Greek church. I'm sure Mr.Chrzanowski knows where the Greek church is because—you still live in Lakeside? COMMISSIONER CHRZANOWSKI: I can see the— 1' MR.YOVANOVICH: I think Lakeside's a residential community,and I think that,if you look—right here. Part of Lakeside,I believe.I believe those are residential. So the examples that they showed are examples of churches that have not harmed residential communities,and we will not harm the residential community either. Now,the one that I thought was the most incorrect statement of the many that were made was when the doctor got up there and said that Tim Hancock said at the neighborhood information meeting that churches are being built and being converted to commercial and that everybody knows that's what's happening. That is not what's happening. Now,I will be honest with you. Pm sure I've told you my wife's the dean of students at Florida Gulf Coast University. My kids have grown up on that campus before they even had students. I've been there a lot. I remember when Summit Church was built there,and I've told my clients that,you know,Pm not really crazy about the architecture of that building,and in response to that,they've changed the architecture to make it more like a church and more like a home that would be in that neighborhood. We're not building that modem-looking structure that's up by the FGCU campus. We are building a structure that I believe—if we could put it back up. But I'll give you the site plan in a second--is consistent with the architecture of the neighborhood and is not being simply built to be converted someday to office,as one of the speakers said was the ultimate game plan. Can you switch over,Fred,to the— That is not the type of structure that's going to convert to an office building with the hope that were going to come through and rezone the property,change the Comprehensive Plan to now convert this church Page 39 of 50 Packet Page-120- 1/26/2016 9.A. November 5,2015 to a commercial use. Now,I can't--I can't address people's fears of the unknown,but those fears are not based in fact,and that's all we can deal with is facts that exist today and conditions and rules and regulations that exist today. What are the facts? The facts,if we scan in,is that our property does,in fact,qualify as a transitional conditional use. You're too high up,Fred. We went through that earlier. The transitional conditional use criteria apply to this property. We meet and satisfy every one of those criteria. That's the first step we've got to prove. David Weeks said,you meet them. The second step is,you look at the actual conditional use we're requesting and you apply the conditional use criteria for whether or not it should be approved.Your planning staff has reviewed that and said we meet each of the individual conditional use criteria in your Land Development Code. Your staff have always been deemed as experts,and you have expert planning testimony, expert transportation testimony,all from the government saying we meet the criteria. So you can ignore the professionals that I've put up and just simply rely on your own staff who also agreed we meet each of the legal criteria.And I stand by my statement that if we meet the criteria,we're entitled to the use because,as you all know,zoning is not a popularity contest because,if it were,we'd never get anything done now because we're near somebody. We're always dealing with neighbors who usually are not happy with change. And that's what we're here about. We're here about change. And people don't want change. All we're asking for is to have the rules applied. We meet the rules. Your--here's the table again summarizing all of the zoning districts in which churches are allowed as conditional uses. That means,by definition, including the Estates,churches are compatible with residential uses.Now,you look at each individual church on its own. Now,a couple things--I could bring Jeff Perry up here if you want to hear from Jeff about traffic safety. There are no traffic-safety issues. That's been reviewed and vetted by your own staff. But we have no access onto Napa Woods Way for our project. And to—that's the site plan with the trees on it,with the water management on it,and you can see Napa Woods Way to the south on this particular piece of property. Now,people are saying when we get a really busy Sunday,people are going to somehow park on Napa Woods Way to get access to the church. Now,keep in mind,as part of the project,we will have a wall from here to here;we will have a wall from here to here. So if you park here,you're going to have to go through the native vegetation, go through the preserve,hop the wall,go through the water management to get to church. I'm pretty sure you're--as much as I want to get there on Christmas,I don't think I'm going to do that to go to church. I'll find someplace else to go. So I really am sure that we're not going to create a parking problem on Napa Woods Way on Sunday when we have services. I also am going to tell you we're not going to be open 24/7. And I said at the beginning we are not--we are not going to be having the recovery ministry on this campus. And we'll--we will go ahead and stipulate to that and say,these are the things--we'll take the exhibit that was presented to you,these things shall not happen on this property. They're up at the Estero campus where it kind of makes sense. It's central,and it's also the university and,you know,a lot of those issues that are on that recovery are relevant issues. They are important social issues that need to be addressed,but they need to be addressed at the Estero campus,not at this local campus,and it will not be addressed here at this campus. Now,we have not tried to impose our will on people,but we're also not going to be told,we're not going to listen to you. Just go away. This is a good location for a church. The way the church has been designed fits into the neighborhood,will not harm the neighborhood. Frankly--part of me just—I can't help myself sometimes. As far as the accusation that we're going to nuke and clear this piece of property,there's our master plan when it's built and done. That's our site plan.You can see all the trees along the sides as well as along Napa Woods Way. I will make you a copy so I don't have to leave my iPad,because you can't really--the exhibit that was shown,the aerial exhibit really doesn't do it justice,because it's a little bit far out. Page 40 of 50 Packet Page -121- i 1126120169.A. November 5,2015 ' i One of your early speakers,Pm assuming they're husband and wife,said that's their house. i COMMISSIONER ROMAN: He's got to use the mike. MR YOVANOVICH: Looks to me pretty sparse and that they cleared probably more than what i code allows on that site. We will respect the environment. We will have more vegetation--we will have more vegetation and then some,and what is require,and we will have appropriate buffers. And from a compatibility and an intensity standpoint,this church is not intense. It has services on Sunday where there will be people in the chairs or pews that worship. That will be your busy time on a E Sunday. All other times it will be low use. I think ifs five peak hour trips is what the study says,because I ii don't care,even on Sundays during season,driving around Naples is not that bad. I've been here 25 years. t Ifs not hard to go to church and come home at normal church hours. So we respectfully request that you look at the facts,you apply the code standards to this project,and you follow what your staff says is appropriate,because they've got a ringing endorsement from the good doctor as far as their quickness and the quality of their work,and your staff is,in fact,recommending approval. And I thank you for your time. Ifs been a long day. And I thank you for your deliberations,and we are available to answer any questions that you may have. CHAIRPERSON HOMIAK: Okay. Questions? t COMMISSIONER EBERT: Oh,yeah. With some extra things in there,you have said you will not have recovery meetings? MR.YOVANOVICH: Correct. COMMISSIONER EBERT: That is in Estero. 1 MR.YOVANOVICH: I said that at the beginning. s f COMMISSIONER EBERT: No flea market type? 1 M.R.YOVANOVICH: Correct. >. COMMISSIONER EBERT: And no Pella.parking. 1 MR.YOVANOVICH: You remind--I did. That was one of the first notes was we will not have any parking at Dr.Pe Ea's property. COMMISSIONER EBERT: Okay. MR.YOVANOVICH: Or exit through his property.We'll have no connection to his property. i COMMISSIONER EBERT: Well,you have a buffer there also,correct? MR.YOVANOVICH: We do. I just want everybody to understand we have nothing to do with Dr. l' Pefa.'s property in any way,shape,or form. COMMISSIONER EBERT: Well,yeah. In front of Dr.Pe±a's property is also a cancer specialist of Southwest Florida. He's also in front there. t MR.YOVANOVICH: A dentist there as well. COMMISSIONER EBERT: Yeah. It's almost impossible to even get in that area. A I can probably sympathize with these people more than anybody here because I happen to live on , Immokalee Road and Logan Boulevard. We have four churches in the Estates area on the south side of Immokalee Road within one mile. I do not see a traffic problem there at all. Traffic is not good on i Immokalee Road. Traffic is not good on Pine Ridge. i We just also had commercial come in,and they have five acres,and they are putting a y. 40,000-square-foot building for doctors and that type commercial building. And the reason they're doing that n i is they are saying that--in fact,it's true--on 951 and Immokalee Road,we're going to have an emergency i center there,part of NCH hospital,and that doctors need to be in the area. i The people on Autumn Woods Lane are like you are on Napa Woods Way. They did not want anything with this commercial at the beginning. And what they did--because there's no sidewalks either 4 there in the Estates,and they also have a church right on Autumn Woods Lane down further. They do not have access to Logan Boulevard,so there's kind of only one way in and one way out. As far as traffic,my big concern for you is the commercial PUD,this Ashton. That's in an activity center. This church is going to be a drop in the bucket compared to what is going to happen right there. Page 41 of 50 Packet Page-122- 1/26/2016 9.A. November 5,2015 And I had—when that goes--I mean,these activity centers--you have to understand,I live by the Target,the Walmart,all those huge places down there. That is an activity center. On Collier Boulevard and Immokalee is also another what they call activity center. This is where the traffic is supposed to go. And I said,how can they? It's already dead. I moved on Immokalee Road when it was one lane each way,for 10 years; 10 years. They widened the road to two lanes,then finally to three lanes.And,I mean,it took 10 years to do this. The big thing is—to me is the activity center. And across the street— it's really like Immokalee Road because across the street you have the Publix. You have all the other commercial property,and that's the way it is on Immokalee Road also. We are a little more fortunate because on some of the northern portion we do have Longshore Lakes and some other places there. Where the four churches are are in the Estates,and small areas.St.Monica's was one. You have the Eagle's Nest,you have the congregational church,and you have a Bible-based church all within one mile. Now we just—now they just added--and it was all green,just like yours is and--but nobody wants to build a house right on Immokalee Road. What they have done is what you have done.They go in Autumn Woods Lane,like you go in Napa Way,and they build it so they can keep the greenery on your place like Pine Ridge and on--ours was Immokalee. I have to sympathize with you but,to me,if they can follow some of these extra things that we're asking them to do,I don't really see a problem as far as the church itself,because in reading your letters,a lot of you are saying Pine Ridge acts as a buffer. Well,you're right,it does. It acts as a buffer if you come in and you go to Napa Woods Way,but now they have reversed this. Because originally I believe they were asking to come in Napa Woods Way to get to the church,and they did take that out of there because of the resistance. I just found out in asking the traffic people,the short distance between Napa Boulevard,that was put in for the commercial site that's going to be there. If you think there's traffic now,it's not going to get better. It is going to be much worse when that center goes. But I just want to let you know I know exactly where you're coming from because we have the same problem on Immokalee Road and Autumn Woods Lane as you do on Napa Woods and Pine Ridge. Thank you. CHAIRPERSON HOMIAK: Charlene? COMMISSIONER ROMAN: Yes. Thank you,Madam Chair. I agree with Commissioner Ebert that at Astron Plaza PUD is certainly going to add an intensity to that intersection in that location,but it highlights also the fact that the Pea medical center is,for me,the parcel of transition because with that PUD and then moving onto that Cl/T at the time,Pe±a medical center was the trans--seemed to be the transition between the commercial and the residential. I agree with the Board of Commissioners and Commissioner Hancock back in 1998 that the board intent was clear that the Pe±a property was the transitional property. Also,I think that churches may be noncommercial,but they have—they can have the potential for commercial intensity. And I know this petitioner has gone a couple of steps beyond to make sure that this is planned to fit into the community,but I still have concerns about the use in this particular location. As I disclosed last hearing,I did a site visit to the property. And this is a special place. And I--in looking at the Pe±a property,every effort was made for that to blend in and to fit in and to transition to the residential use. I think that this particular product in this particular location would affect the property owners in the neighborhood and the neighborhood community. Although Summit Church seems like a very fine organization serving a need in our community,I feel that maybe this Iocation isn't best suited for that,and I think the transitional use with the Pe±a medical center is already there. Thank you. CHAIRPERSON HOMIAK: Stan? COMMISSIONER CHRZANOWSKI: Yeah. I was asking one of the staff members during the Page 42 of 50 Packet Page-123- 3, 1 1/26/20169.A. t November 5,2015 t t break whether--because Pd heard the claim made that Pe±a was more—not as intense as Summit Church but yet Pe Ea is on a much smaller piece of property,and to me the use looks more intense than Summit Church,but I guess it's a matter of how you define intense. I was looking at the size of the structure to the overall property,and Pefa does seem to be more intense than Summit Church is. So,to me this is kind of a transition. I Just—and the other comment I had was about parking,and I think Rich might have mentioned that I don't think people are going to park on Napa Woods Way because you have to walk through the swale in high heels,you know,if you're a woman,or,you know,in Gucci shoes if you're a guy,I guess. I don't know. Nobody's going to walk through the swale and then through the woods and then through the retention area under all the cypress trees. I just don't see that happening, so I don't think that's an issue. And Napa--that Astron Plaza,like Ms.Ebert said,that's the elephant in the room. I mean,that's just going to—because people are not going to want--if the people here think that people are going to take a 1 shortcut across Logan and then come down Napa Woods Way to get—and then make a right and then make i tr another right,well,they're going to do even worse on Astron Plaza. You might as well put a speed hump in front of every house. I don't see the traffic being--I don't see this being the problem,but-- CHAIRPERSON HOMIAK: 1 agree. Go ahead. Do you want to--Andy? COMMISSIONER SOLIS: Stan,are you done? . COMMISSIONER CHRZANOWSKI: Yeah. COMMISSIONER SOLIS: Okay. I have a few observations and,one--and I want to—maybe this t is a question for staff,but I want to make sure that I'm clear that after the point in time that the Pe±a property , was rezoned,there was a change to the plan that then incorporated this transitional use defmition,transitional conditional use. That was the chronology that--of the way that happened. 1 MR.REISCHL: Let me refer to--defer to David Weeks on that. I'm not sure the chronology of the $. GMP. 1 COMMISSIONER SOLIS: And I say that just because,in my mind,obviously, if--one,we can never say never. And if at some point in time the Growth Management Plan was changed to then allow for these transitional conditional uses,then the"never say never"actually occurred,l guess,and we have the code that we have to live by and apply. f So I just want to--if,however,that transitional conditional use definition was in there before the Pefa property was rezoned,then,in my mind,that makes a difference,because of--because of the { discussions at the County Commission when that was rezoned. MR. WEEKS: David Weeks,again,of the Comprehensive Planning section. r And,Mr. Commissioner,I can't answer that question. I simply don't know. I was taking a look at i my Golden Gate Area Master Plan and,from the amendments page,I simply cannot tell whether--there's one reference to a 2003 date,which would be five years after the plan amendment and rezoning for that Pefa t property,but-I would have to do more research. Pm sorry. I just didn't anticipate that question. COMMISSIONER SOLIS: Okay. And my understanding is that transportation staff have no i concerns--well,I shouldn't say no concerns,but that given the fact that there will be a deceleration lane and 3 the number of trips generated by a church,that the proximity to the intersection of Napa Boulevard and Pine 1 Ridge Road is not significant,at least,to recommend a denial.by staff. I probably should have waited till you got there. Sorry. MR. SAWYER: That's not a problem. Again,for the record,Mike Sawyer,Transportation Planning. I actually do have the language. If you want to,I can read it but,basically,the provisions of our access management actually directs us to require 660 from the intersection. That is for--and this particular section of Pine Ridge is 45 miles an hour. That's where the 660 comes from.Forty-five miles an hour is also 1 the cutoff between requiring 440 and 660. We use 660 because of the preference to be safer than sorry. So, F basically,that's where the 440 or the 660 comes in. We're looking at 660. y We do--we are required to provide reasonable access to any parcel,so that goes without saying.In this case,the reasonable,you know,expectation is we don't necessarily want to have traffic directed onto Iocal streets also when they're neighborhood streets. Hence--you know,and we also heard that,obviously, Page 43 of 50 Packet Page-124- 1/26/2016 9.A. November 5,2015 from the neighborhood itself So the only alternative that we've got for reasonable access is on Pine Ridge. We have taken that Pine Ridge access and pushed it as far east as we can reasonably locate it. We also have a decel,which is required when you have a divided roadway.We've got six lanes in this particular road section. We do have the ability,as staff,to allow access points when they don't fully meet the access management plan. So I'll answer any other questions you might have as well. COMMISSIONER SOLIS: So,essentially,staff you've weighed the concerns of the community and made the recommendation that you feel is appropriate,okay. MR.SAWYER: Correct. MR.REISCHL: Commissioner,if I can give you a little bit of the history of that,too. You see the final product here,but there were several others. I think the first one was the access would be through Dr. Peta's property. They couldn't reach an agreement with him. The second in carnation was access from Napa Woods Way. That went away after the first neighborhood information meeting,and that left the only other alternative as Pine Ridge. COMMISSIONER SOLIS: Okay. COMMISSIONER ROMAN: Were you through,Andy? COMMISSIONER SOLIS: No. I've just got a--let me run through. I've got a— COMMISSIONER ROMAN: Oh,sure. No problem. I just had a question for Mike. COMMISSIONER SOLIS: And as far as Napa Boulevard—so,as I understand it,that's going to be the only entrance,or the entrance to the Astron PUD is going to be from Napa Boulevard? MR. SAWYER: Honestly,Commissioner,I have not looked at that particular PUD. So I would have to look at that PUD and the master plan that goes with that. MR.REISCHL: We're getting that right now. COMMISSIONER SOLIS: Okay. And-- MR. SAWYER: We can actually find that outto confirm. COMMISSIONER SOLIS: Okay. I'd like to know. And is there—then I'm assuming that Napa Boulevard,there's some plan to—or there's going to be some requirement to improve Napa Boulevard once that PUD builds out? MR. SAWYER: Sure. A couple of things,too.We--you know,churches don't generate traffic in the way that we normally look at uses,because we look at weekday traffic and we look at,you know,p.m. peak hour trips. Those are the--you know,that's the greatest amount of trips that could possibly go onto the system. That's the way we look at do we have,in fact,capacity on particular road sections--segments, sorry. This particular segment we do have capacity.Last year—I'm sorry. 2014 we were looking at approximately,I believe, its about 270--or I'm sorry--790 trips that we have available. I believe they came down about 20 trips or--I'm sorry,about 70 trips or so,so I think we're now at about 719,720 with 2015,so we do have capacity. With a church,we're putting trips on Sunday mornings principally,and those trips really,honestly, don't get onto the system in the same manner as we look at weekday traffic. That's what we really need to look at is weekday traffic,peak hour. As far as the other PUD goes,that's going to be--it will be looked at when it comes in. COMMISSIONER SOLIS: Okay. MR. SAWYER: Pm sure it was looked at at the time. We are in a TCMA,so we are able to--even if you wind up with a lot of traffic that eats up all of the capacity that we've got,we still have the ability to have projects come in,but they have to do mitigation for those. And I think we talked about that last time when we talked about the last project that came in on Pine Ridge on the other side of 75. COMMISSIONER SOLIS: Okay. And that was really--that's not really necessarily all that relevant to this application,but-- MR.REISCHL: We do have the Astron Plaza Master Plan,but it's on the screen,so I'll try to impose it on the visualizer. COMMISSIONER SOLIS: Okay. Page 44 of 50 Packet Page-125- F 1126120169.A. h November 5,2015 t MR REISCHL: And that's the only access off Napa Boulevard. t COMMISSIONER SOLIS: Okay. I COMMISSIONER CHRZANOWSKI: Fred,anybody know what the Napa Boulevard right-of-way J width is? MR. SAWYER: I apologize. I do not know. I would have to check. { COMMISSIONER CHRZANOWSKI: Okay. COMMISSIONER SOLIS: Okay. I've got just a few more. And let me try and run through these. 1 Now,as I understand it,Rich,you were saying that there's going to be a wall along--parallel to Napa Woods Way,and then along the--the entire--what is that? The entire southerly boundary and the entire easterly t boundary of the property there's going to be a wall. I MR.YOVANOVICH: Yes. t, COMMISSIONER SOLIS: Okay. I want to make sure that I understand that,although the size of ,, the building has been reduced from 30-or--30,000 square feet to 19--- '' MR.YOVANOVICH: Correct. 1 COMMISSIONER SOLIS: --the number of seats that you're planning to have in the building has t not changed. g. MR.YOVANOVICH: That's correct. COMMISSIONER SOLIS: Okay. So the--for want of a better way of thinking of it,the number of people that are going to be using the property hasn't been reduced? MR.YOVANOVICH: Correct. On Sundays. COMMISSIONER SOLIS: Well,I mean,anytime.Because if you're going to have 400 seats there, you're going to have 400 seats there all week,not just Sunday. MR.YOVANOVICH: You're right. And what I'm saying is,you know,realistically churches-- COMMISSIONER SOLIS: I understand. 1 MR.YOVANOVICH: —don't operate 24 hours,seven days a week. And we've also committed that we're not going to lease this church out to anybody. So I think if you were to look at typical operations of a r. church,Sunday is going to be your busy day except if Christmas is on Monday through Saturday. Other than that,I don't know that there's a whole lot of busy time at the property. There's less i auxiliary space,if you will,for classrooms,et cetera,in this configuration,than what you could have in the other format. COMMISSIONER SOLIS: And for whatever it's worth,I also lived in Pine Ridge for about 20 years and--before and after the expansion of the church on Trail Boulevard and,you know,I was at one of the busiest intersections in Pine Ridge,and it really didn't affect the traffic,at least where I was anyway. My last question is for staff,and I just want to be clear that in the definitions of a transitional k conditional use there isn't anything that requires a decrease in intensity from the commercial use that it's going to be adjacent to.Does that make sense? MR. REISCHL: That makes sense. COMMISSIONER SOLIS: Okay. 1 Y MR.REISCHL: And,no,there's not. There are specific uses. COMMISSIONER SOLIS: Uses. J MR.REISCHL: Yes. 1 COMMISSIONER SOLIS: But there's nothing in there that says the use in the transitional { conditional use has to be in some way less intense than the commercial use adjacent to it? MR.REISCHL: Correct. COMMISSIONER SOLIS: Is there anything that would be applicable in the Land Development Code in that regard that would be applicable to this situation? Pm not aware of one,but--no? MR.REISCHL: Not that we are aware of either. And,Commissioner Solis,if you're done,I have a question based on one of your comments for the County Attorney. Since a conditional use can't--and this is zoning on the fly again,since we didn't get a chance to review this. But since they're proposing a wall on the south side and the adjacent to residential is a 6-foot wall,however, in the front—oh,my question just went away because Estates doesn't have a limitation Page 45 of 50 Packet Page-126- 1/26/2016 9.A. November 5,2015 on walls. So that will work. Okay. COMMISSIONER SOLIS: Okay. MR.BELLOWS: You answered your own question. COMMISSIONER SOLIS: Yeah,there you go.That's the best way to do it. MR.YOVANOVICH: Just so you know,we're not--were not proposing--were required to have a wall. Previously there was a discussion about a deviation for the wall along the eastern boundary. COMMISSIONER SOLIS: Right. MR.YOVANOVICH: So we're meeting code by having that wall. COMMISSIONER SOLIS: Okay. I was just looking at the diagram you have up on the visualizer, and I can see one along the easterly boundary,but across the southerly boundary I wasn't clear. I just want to make sure. MR.YOVANOVICH: That's because the trees are hugging it. COMMISSIONER SOLIS: Okay. You know,unfortunately,it seems to me that there was a change in the Growth Management Plan,and we have to apply the Land Development Code in the way that it's written,and maybe that's an issue that needs to come up in the future if—in defming what transition means. There should be a definition of--if transition and intensity means it needs to go down,then--but I don't see that in the code at this point in time. That's all I have. MR.WEEKS: Commissioners,I would like to respond to that point and the earlier question about the transitional conditional use. That transitional conditional use provision in the Golden Gate Master Plan is not limited solely to a property that's abutting commercial. It also applies to certain types of other nonresidential uses. Prime example will be a fire station,because in the area along Immokalee Road,which was discussed some earlier, in the Estates--Commissioner Ebert,you mentioned four churches in that area. Two of those churches are abutting a fire station. They got there because of this very provision,this transitional conditional use provision. And from a standpoint of traffic,certainly a fire station will be a low traffic generator as compared to those churches just on an even comparison. I don't know about peak p.m.traffic or necessarily—but simply in the number of vehicles coming and going from the site,I would posit that the churches generate more traffic. Noise standpoint,hours of operation,those other types of characteristics that are also considered when we talk about use intensity,certainly those could vary from an institutional use such as a fire station versus a commercial land use. And then one of the eligible transitional conditional uses such as churches, childcare centers,nursing homes,et cetera,those intensities could vary,certainly. COMMISSIONER SOLIS: Okay. COMMISSIONER ROMAN: I have a question for David. David,let me ask you a question regarding transitional conditional use. It's--if the Pe±a property wasn't currently developed as a Cl,would this property be eligible as a transitional conditional use? The way I look at it is,is that this parcel would have to be adjacent to existing nonresidential,and that's what the Pe±a property provides,that if it didn't exist,that would be zoned residential or Golden Gate Estates. MR. WEEKS: Well,actually,the very first criterion--and I'll read it. It's the site shall be directly adjacent to a nonresidential use,parenthetically,zoned or developed. So even if the PeEa property was undeveloped,if it was already zoned commercial,this site would qualify.It would meet that criteria. COMMISSIONER ROMAN: But in 1998,as I understand the documents,it was rezoned to commercial. MR.WEEKS: Correct COMMISSIONER ROMAN: So without that rezoning and its development,we wouldn't be having this discussion about this parcel being a transitional conditional use eligible property? MR.WEEKS: Correct. I may have misunderstood your question. But,right,if it were not zoned commercial,this property would not be eligible. COMMISSIONER ROMAN: Thank you. COMMISSIONER EBERT: David,as Iong as you're there. This would then have to go through a Page 46 of 50 Packet Page -127- 1/26/20169.A. November 5,2015 Growth Management Plan first if it were this property? I just ask the question because if Pe±a wasn't there but if they wanted a church there and it wasn't right on the corner,it would have to go through a GMP amendment first;is that correct? MR.WEEKS: Right. But if the property to the west,the Pefa property,were not zoned commercial,then,correct,this property would have to do a--go through a Comprehensive Plan amendment change. COMMISSIONER EBERT: First. So it would be a two-step process rather than just a one-step? COMMISSIONER ROMAN: Just like the Pe±a property had to go through,right-- MR.WEEKS: Correct. , COMMISSIONER ROMAN: —two-step? COMMISSIONER SOLIS: And that would be the same for the property to the east of the Summit Church property? If somebody wanted to try to put something on that property other than residential,they would have to go through a plan amendment,because it would then--the transitional use criteria wouldn't apply because Ws adjacent to an Estates zoned property. MR.WEEKS: Correct. Whether this property gets approved,this conditional use gets approved or not,the property to the east is not eligible for a conditional use and would need a Comprehensive Plan amendment. COMMISSIONER SOLIS: Absent a Comp Plan amendment. MR.WEEKS: That's correct. The only uses allowed in these Estate properties that don't qualify for a conditional use under the Estates zoning district is going to be a single-family home,a family care facility which is still operating in a single-family home,or an essential service. There are certain types of essential services that are allowed within the Estates without locational restriction. Again,a use such as a fire station or police station does not have to meet locational criteria. But putting that aside,for a church or other types of conditional uses of the Estates zoning district, you have to have a Comprehensive Plan amendment first. COMMISSIONER ROMAN: And this could be--in my understanding,this could be maybe what that creep was that the Board of County Commissioners back in 1998 were concerned about where you can go from parcel to parcel. MR.WEEKS: Possibly. CHAIRPERSON HOMIAK: Okay. Any more questions or? No. MR. SAWYER Just--again,Mike Sawyer,transportation planning. Just to answer your question on the right-of-ways. I just found out that Napa Boulevard south of Pine Ridge is 100 feet,and Napa Woods Way is also 100 feet. So we've got a pretty good amount of right-of-way. COMMISSIONER EBERT: Yeah,that's good. CHAIRPERSON HOMIAK: So you're agreeing to all the exhibit--that was in Exhibit C from the r, original staff recommendations or stipulations?Some of them you already have,the vehicular access is not on Napa Woods Way,but there's a few others with the relocating of the-- 1' MR.REISCHL: I think we can remove the preserve since they're agreeing to—preserve on site. t, You can remove those conditions-- CHAIRPERSON HOMIAK: The master plan,yeah. MR REISCHL: —that say if the preserve is off site. COMMISSIONER ROMAN: Are you on these 14 things or— CHAIRPERSON HOMIAK: I'm on the-- MR.REISCHL: Staff recommendations. MR.YOVANOVICH: So I'm assuming--yeah. You have--in the staff report you have seven recommendations,then you have,to the extent they're not duplicative,the 12 I handed out earlier today,and then,furthermore,we had agreed to attach as an exhibit of prohibited uses the handout from the woman who said these are things that are happening up at Estero as far as the recovery ministry. Those would be . specifically excluded as uses— CHAIRPERSON HOMIAK: No recovery. MR.YOVANOVICH: --as part of the resolution.That's my understanding of you know,what Page 47 of 50 Packet Page -128- 1/26/2016 9.A. November 5,2015 we've proposed and agreed. Oh,also we need to add the no access to the Pe±a property and no leasing of parking spaces to the Pena property. COMMISSIONER SOLIS: And no flea markets or farmers markets. MR YOVANOVICH: No flea markets,yes,or rummage sales. It's hard for a Presbyterian to get rid of a rummage sale,but we will. MR.REISCHL: In your discussion on September 17th,there was also a concern about the dumpster location. This master plan does show the dumpster location on it. Is that still something you want to see in there? CHAIRPERSON HOMIAK: Yes. Oh,no. You mean written--because it's on the master plan. MR.REISCHL: It's on the master plan. CHAIRPERSON HOMIAK: We should have it,right. So the only other thing--and I'm going to ask again,is that—from the September 17th meeting,the hours of operation. MR.YOVANOVICH: To be honest with you,I think it's a non—it's a nonissue,and I don't know how to define it,because what happens when you do have a youth group that wants to do a lock-in and they stay past 10 o'clock at night? I mean,I'd be in violation of the conditional use. Let's just say there's--and God forbid this ever happens—there's a local catastrophe that happens, and they want to have a service that goes past 10 o'clock. Churches have historically not been an issue with hours of operation,and I've--I've done a few,and I don't think I've ever had to agree to hours of operation, especially since we've agreed that the doors will be closed;the windows will be closed. You're just going to have to,you know,kind of trust us on that because every other church is the same way. It hasn't been a problem. CHAIRPERSON HOMIAK: I think we have limited the hours on some churches,though. COMMISSIONER EBERT: I don't remember. CHAIRPERSON HOMIAK: Have we,Heidi. MS.ASHTON-CICKO: You have. There have been a number of them. I can't think of the most recent ones. I do believe we had hours of operation for the Heavenly Church. MR.YOVANOVICH: I can tell you we did not. MS.ASHTON-CICKO: And there are a number of them along Immokalee Road. There are a number of them along Immokalee Road. MR.YOVANOVICH: I mean,I know for a fact there are no hours of operation in the Heavenly PUD because that—my client said it is improper for the government to tell us how we worship and when we worship,and that has been--and I think,frankly,would be illegal to do that and impose hours of operation on that type of activity. MS.ASHTON-CICKO: Well,the requirement regarding RLIUPA is that you don't have hours of operation or other issues that you're not requiring of other types of properties,and we have the example of Mr.Pe±a's being right next door with his hours being limited. So if you so choose to limit this church,I think you have a basis and you have an example of another type of use where you've restricted it. CHAIRPERSON HOMIAK: Okay. Well,that's up to--does anybody have a problem with it not having hours of operation or-- COMMISSIONER CHRZANOWSKI: I say we leave it up to the Board. CHAIRPERSON HOMIAK: The Board? COMMISSIONER CHRZANOWSKI: The Board of County Commissioners may not like that,but I've never seen a church with hours of operation. CHAIRPERSON HOMIAK: Okay. COMMISSIONER CHRZANOWSKI: Back in my day,though,all the churches left their doors open all the time. CHAIRPERSON HOMIAK: Yeah. Okay. So then we'll just go with the list that we had today with the additions of the no flea market, no recovery meetings,no access to the Pe±a property. COMMISSIONER SOLIS: Why don't I make a motion. Should I make a motion then? Page 48 of 50 Packet Page-129- 1/26/20169.A. November 5,2015 CHAIRPERSON HOMIAK: Yes. COMMISSIONER SOLIS: Okay. So I make a motion that the application--and if someone has the actual number-- COMMISSIONER CHRZANOWSKI: Conditional use PL-20140000543. COMMISSIONER SOLIS: --Summit Church conditional use be approved with the conditions requested or recommended by the staff,the 12 additional items that have been agreed to by the applicant,the, f addition of the list of rehab activities that were agreed to be added to the prohibitive activities,also that there would be no parking or access through the Pe±a property,no flea markets or rummage sales,and no leasing, but I think that's already in the number-- MR.YOVANOVICH: We already have that. COMMISSIONER SOLIS: --in the 12 that were--so with those conditions added to them,I'd make the motion for approval. CHAIRPERSON HOMIAK: Is there a second? COMMISSIONER CHRZANOWSKI: Second. CHAIRPERSON HOMIAK: Stan. All those in favor,signify by saying. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRPERSON HOMIAK: Aye. Opposed,like sign? COMMISSIONER ROMAN: Aye. {; MS.ASHTON-CICKO: Madam Chair,there are a number of changes here,and the master plan is difficult for us to read because it's so small, so would you be voting to bring this back on consent so we can make sure it reflects what you-- CHAIRPERSON HOMIAK: Yes,I think it should come back on consent. COMMISSIONER ROMAN: So moved to bring it back on consent. COMMISSIONER EBERT: I'll second. CHAIRPERSON HOMIAK: All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRPERSON HOMIAK: Aye. COMMISSIONER ROMAN: Aye. CHAIRPERSON HOMIAK: Opposed,like sign? (No response.) CHAIRPERSON HOMIAK: Okay. MR.YOVANOVICH: Thank you for your time and patience. CHAIRPERSON HOMIAK: Okay. So we have no old business,no new business. Public comment? (No response.) CHAIRPERSON HOMIAK: Is there a motion to adjourn? COMMISSIONER EBERT: I make a motion to adjourn. COMMISSIONER SOLIS: Second. COMMISSIONER CHRZANOWSKI: Second. CHAIRPERSON HOMIAK: All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRPERSON HOMIAK: Aye. COMMISSIONER ROMAN: Aye. Page 49 of 50 Packet Page-130- 1/26/20169.A. November 5,2015 CHAIRPERSON HOMIAK: Anybody opposed? (No response.) CHAIRPERSON HOMIAK: Okay. ****** There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 2:30 p.m COLLIER COUNTY PLANNING COMMISSION im ArniadC.- HOMIA CHAIRPERSON ATTEST DWIGHT E.BROCK,CLERK These minutes approved by the Board on P-13) 15 ,as presented ...///-or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE,INC., BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 50 of 50 Packet Page-131- 1/26/20169.A. Notice Notice NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday,January 26,2016,in the Board of County Commissioners Meeting Room,.Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE f ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH WITHIN AN ESTATES (E) ZONING DISTRICT PURSUANT.TO SECTION 2.03.01.B.1.C.1 OF THE COWER COUNTY LAND DEVELOPMENT CODE FOR A 4.05* ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD(C.R.896),ONE-QUARTER MILE EAST OF INTERSTATE 75,IN SECTION 17,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA[PETITION CU-PL20140000543]. . A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. CD NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of n. the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case written materials intended to be considered by the Board shall c be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in � rn presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board m will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. { If you are a person with a disability who needs any accommodation m in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier. County Facilities Management Division, , located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY,FLORIDA ' TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK • By: Martha Vergara,Deputy Clerk . (SEAL) January 6,2016 No.875771 • Packet Page-132-